Loading...
HomeMy WebLinkAbout1983-08-16; City Council; Resolution 73331( 1: 1 1 1 1 RESOLUTION NO. 7333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NESTE, BRUDIN & STONE, INC. FOR CONSULTING SERVICES TO DEVELOP A SEWER MASTER PLAN FOR THE CITY OF CARLSBAD. . THE CITY COUNCIL of the City of Carlsbad, California does hereby solve as fpllows: 1. That an agreement between the City of Carlsbad and Neste, Brudin & zone, Inc. for consulting services to develop a sewer master plan for the ity of Carlsbad sewer service area, a copy of which is attached hereto irked "Exhibit C" and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and irected to execute said agreement for and on the behalf of the City of Carlsbac - PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ouncil held on the 16th day of AUWt , 1983, by the following vote, o wit: AYES: CouncilP.Irs Casler, Lewis, Kulchin, CHick and Prescott GL(2-L- MARY H. @SLER, Mayor (SEAL) AGREEMENT FOR ENGINEERING SERVICES FOR SEWER MASTER PLAN THIS AGREEMENT, made and entered into as of the day of , 1983, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City, 'I and Neste, Brudin & Stone, Incorporated (NBS) herein- after referrec? to as "Consultant. " -- RECITALS City requires the services of NBS to provide the necessary engineering services for preparation of a Sewer Master Plan. Consultant possesses the necessary skills and NOW, THEREFORE, in consideration of these recitals City and Consult- qualifications to provide the services required by City; and the mutual covenants contained herein, ant agree as follows: __ (1) CONSULTANT'S OBLIGATIONS NBS shall provide engineering services for the Sewer Master Plan in accordance with Appendix "A", attached hereto and made a part hereof. (21 CITY OBLIGATIONS The City shall cooperate with the Consultant in the due course of the preparation of the Sewer Master Plan by provid- ing technical information and access to City files upon the reasonable request of NBS. The City snall provide the following to the Consultant within a reasonable time after a request has been made: a) Tabulations of existing sewer pipe lengths, diame- b) City design standards and criteria, ters, and manhole invert elevations. -1- Land use plan for the Carlsbad service area and build-out population projections. Flow data and future build-out population data for each service area sub-basin. Future street locations from tentative tract maps and other sources, Probable locations of future sewers. (3) PROGRESS AND COMPLETION The work under this contract will begin within 10 days after receipt of notification to proceed by the City and be completed within 112 days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for docu- mer,ted and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consult- ant, or delays caused by City inaction or other agencies' lack of timely action. * .- (4) FEES TO BE PAID TO CONSULTANT The fee for the work done pursuant to this contract shall be $29,188 .OO. No other compensation for services will be allowed except those items covered by supplemental agree- ments per paragraph (71, Changes in Work. (5) PAY-mNT OF FEES Fees for work performed shall be paid within 15 days after acceptance by the City Engineer of the various tasks listed in Appendix "A" and after submission of a billing therefore by consultant. The amount paid for each task shall be as stated on Appendix "A". (6) FINAL SUBMISSIONS Within 15 days of completion and approval of the Sewer Master Plan by the City Council, the Consultant shall deliver -2- to the City the following items: Twenty (20) copies of the Sewer Master Plan, including Master Plan Map, System Map- Existing, and Computer Schematic, (7) CHANGES IN WORX If, in the course of this contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract, Such changes shall be processed by the City in the following manner: A lekter outlining the required changes shall be forwarded to the City or Consriltant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. , After reaching mutual agreement on the pro- posal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agree- ment shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring irrnediate action shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. Changes requiring immediate action shall not alter the contract price by more than $4,999,99. ( 8 1 DESIGN STAIKJARDS The Consultant shall prepare the Sewer Master Plan in accordance with the design standards of the City of Carlsbad and good design practices recognized by engineers specializ- ing in sewer system design, Applicable City of Carlsbad standards azd regional standards shall be used where appro- priate. Copies of such standards shall be obtained from the City of Carlsbad. -3- (9) AGREE!-TENT SECUREMENT WARWTY 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 zgreement and that Consultant has not paid or agreed to pay my company or 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 this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreenent without liability, or, in its discretion, to deduct frox the agreement price or consideration, or otherwise recover, the fr?U amount of such fee, commission, percentage, brokerage fee, gift or contingent fee, (10) NONDfSC2IMINATfON CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination, ,- I 11) TEPdiINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this con- tract, the City may terminate this contract for nonper- - formance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City an all work in progress to the City Engineer, The City Engineer shall make a determination of fact based upon the docurcents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract, 0 (12) DISPUTES If a dispute should arise regarding the performance of work tlnder this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such ques- tions, if they become identified as part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consult- ant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recom- mended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall re?iy to the letter along with a recommended nethod of resolution within ten days, If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council nay then opt to consider the directed solu- tion to the problem, In such cases, the action of the City Co-mcil shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. -1 (13) RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services for the preparation of the Sewer Master Plan and any payments made to Consultant are compensation solely for such services. (14) SUSPEXSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 30 days written notice to the other party. In the event or' such suspension or termination, upon request of the City, the Consultant shall assemSle the work product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City -5- shall xake the final determination as to the portions o€ tasks completed and the compensation to be made. (15) STATUS OF THE 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 City. Consultant shall be under con- trol of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. ( 16 1 OIJNERSHIP OF DOCUMENTS All studies, sketches, drawings, and reports as herein required are the property of the City. In the event this contract is terminated, all documents, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one copy of the documents for his/her records. . .. .- (17) 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, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or result- ing from, any act or omission of Consultant or Consultantgs agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, caused or occasioned by any act, omis- sion fault or negligence of Consultant or anyone acting on behalf of the Consultant, -6- (18) ASSIGNMENT OF CONTXACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. (1 9 j SUBCONTRACTING If the Corsultant shall subcontract any of the work to be performed under this contract by the Consultant, ConsuL- tant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed! by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontraetQr of Consultant and the Ciry. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writinqzby- the City. (20) VERSAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any or' 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. (211 SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (17), Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, admin- istrators, successors and assigns. -7- (22) EFFECTIVE DATE This agreement be effective on and from the day and year first above written. (23) CONFLICT OF INTEREST The Consultant shall file a conflict of interest stateinent with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS IJHEREOF, we have hereunto set our hands and seals. NESTE, BRUDIN & STONE INCORPORATED: CITY OF CARLSBAD: Vice ?resident -8- * AGREEi'tlENT FOR ENGINEERING SERVICES FOR SEWER MASTER PLAN CITY OF CARLSBAD AND NESTE, BRUDIN & STONE, INCORPORATED (CONSULTANT - NBS) APPENDIX "A" ENGINEERING SERVICES SEWER MASTER PLAN The City of Carlsbad has an extensive sewer service area extending over three drainage basins. The most intensive development is in the older city in the northern coastal area and in the La Costa area (primarily served by other agencies) which is southerly and inland, There are substantial undeveloped areas between these two developed areas. The City had begun development of a sewer master plan in 1982 with analyses of drainage areas, land uses, and flow rates. The consultant will continue this ,work by verification of the data, development of a computer model for the existing and future system, phasing of the system according to population growth and cost estimating future construction .. The work plan is presented in a series of twelve tasks. The task descriptions incltlde data requirements a I. BASE !MAP PREPARATION 2. Two base maps will be prepared for the sewer master plan study. The first map will be a system map which includes political and geographic features a topographic background, the existing sewer system , and the boundaries of the drtGnage basins. The second map will be a computer schematic diagram which includes an identification system for the pipe segments and manholes. The computer schematic will overlay the system map. Both of the above maps will be done on mylar to the same scale as the present Carlsbad "master sewer plan" map. The system nap wif! also be reduced in scale to provide a more convenient size map for presentation of study results in the final report. EXISTING SYSTEM DATA Information on the existing sewer system must be obtained from the design drawings which the City has on file for its system. To calculate the of flow capacities of these pipes, it is necessary to obtain pipe lengths, diameters and manholes invert elevations. In A-1 e NBS discussions with the City, it was stated that tabulations of this data will be made available to the consultant by the City. Under this task, the consultant will review this tabulation and the design criteria for this study with the City engineers. 3. FUTURE FLOW DATA The land use plan for the Carlsbad service area and the build-out population projections for the service area were studied by the City in 1982. The drainage areas within the service area were also divided into subbasins for this 1982 study. Flow data for each subbasin at the future build-out population was also developed by the City. The City has indicated that this information will be available to the cor,sultant and the City believes it provides an accurate data base for the master plan. The City has also indicated that it will make available future street locations where these are known from such sources as tentative tract maps, The consultant will review all data provided by the City, develop probable future locations for trunk sewers, even in areas where street plans are not avzilable and prepare the data for computer calculations e 4. LOAD DATA IN COMPUTER The calculations for the sewer master plan will be performed on the NBS HP-30130 computer. The sewer calculation program has been developed ir,-house by NBS. The program has been used on several other studies prior to this and is fzUy debugged and ready to be used. Loaded into the computer will be the pipe diameter and slope data for the existing City system, the build-out population flow data, the probable locations of future sewers, and the City's design criteria. 5. DEFICIENCS ANALYSIS The first computer analysis will show the deficiencies of the existing sewer system when trying to convey the flow for the future build- out population. The results of this analysis will be presented in. tzibuiar form from the computer and also in a graphical form on 8 reduced scale map. 6. BUILD-OUT SYSTEM ANALYSIS The need €or and size of future pipes is estimated from the deficiency analysis of task 5. To determine the build-out system, these pipes are added to the computer program and further calcufa- tion runs are made until all the deficiencies of the build-out popu- lation €low are satisfied. During this analysis, alternative routings for the sewer are studied. Included in the alternatives will be the routings for sewers from the eastern area of Lake Calaveras Hills Basin and alternate plans for the Palomar Airport Basin industrial flows. The alternative systems and the recommended systems will be presented in tabular form and on reduced scale system maps. A-2 7. 8. 9. PHASING ANALYSIS To determine the construction period of various portions of the bxild-out sewer system, a phasing analysis will be made. The build-out population projection is reduced to intermediate levels which can also be tied to various future years. With these reduced populations, lower flows are calculated and used in the computer model. The sewer analysis program will show which future pipes iire necessary at various points in time. The phasing analysis will be used in determining the increases in capacity of portions of the Agua Hedionda trunk line. The phasing analysis will also identify when future treatment capacity will be required at the Encina water pollution control plant and coordinate the capacity additions with sewer system additions. MASTER MAP PREPARATION A master sewer plan map will be prepared from the system map. The master map will show the build-out sewer system divided into phases of construction. The trunk lines will be identified along with their diameter, slope and capacity. The drainage areas will also be shown. COST ESTIRIATING The construction costs of all new facilities wiii be estimated on a current dollars basis.' NBS will use a computer program it has developed for tabulating and extending the cost estimate. The cost estimate will be separated into construction phases. The computer- ized form for this estimate, which also operates on the HP-3000, can also be made available to the City. With the computerized format, the City will be able to easily make adjustments in the number, ' length or unit cost of various sewer pipes. This will allow quick - updating of the cost estimates as sewers are constructed or inflation changes their unit costs. 10, REPORT PREPARATION The Sewer blaster Plan report will include the following items: a. b. d. e. f. g. h. C. 1. Existing data Future projections Computer runs Analyses Drawings and recommendations made in the above nine tasks Graphical presentations of the computer analyses Measurement and analysis of existing flows Coordination and integration of the Sewer Master Plan with the potential for wastewater reclamation Sewage force mains which should be analyzed for their poten- tial to generate hydrogen sulfide odor Locations in the existing sewer system where their condition should be analyzed and the cost of rehabilitation determined A-3 a 0 11. PUBLIC PRESENTATION OF SEWER MASTER PLAN Near or after the completion of the master plan report, Xeste, Brudin & Stone (NBS) will prepare and present at a public meeting a description of the master plan. The presentation will be made by the Project Manager and Froject Engineer and will include visual displays. A press release will be prepared for use by the City of Carlsbad. The lump sum €or the above engineering services is $29,188.00. Using the eleven tasks of the above work plan, this fee can be broken down into the following amounts, to facilitate payment to the Consultant: 1. 2. 3. 4. 5. 6. 7. 8, 9. 10. 11. . *- Base Map Preparation Existing System Data Future Flow Data Load Data in Computer Deficiency Analysis Build-Out System Analysis Phasing Analysis Master Plan Preparation Cost Estimating Report Preparation Public Presentaton of Sewer Master Plan $ 2,550 1,340 2,636 1,022 1,428 3,460 3,570 2,222 1,772 7,740 1,448.- TOTAL $29,188 A- 4