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HomeMy WebLinkAbout1987-01-06; City Council; Resolution 89315 .. 1 2 3 4 5 6 7 a 9 IC 11 12 12 14 15 le 17 I€ 1s 2c 21 2: 22 24 25 26 27 28 RESOLUTION NO. 8931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE DESIGN OF THE HOME PLANT SEWAGE PUMP STATION, PROJECT NO. 3183 WHEREAS, proposals have been received by the City of Carlsbad for the design of the Home Plant Sewage Pump Station; and WHEREAS, the firm of Almgren and Koptionak, Inc., has been selected to perform the design services in a amount not to exceed $35,000; and WHEREAS, funds in the amount of $282,312 are available in the project account No. 512-820-1850-3183 for the project design services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and.correct. 2. That an agreement between the City of Carlsbad and Almgren and Koptionak, Inc., for the design of the Home Plant Sewage Pump Station, a copy of which is hereto marked Exhibit A and made a part hereof, is hereby accepted. /I/ /// /// /// /// /// /// . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. That the Mayor and the City Clerk of the City of Carlsbad are hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 4. The Consultannt fee of $35,000 by Almgren and Koptionak, Xnc., for the design of the Home Plant Sewage Pump Station is hereby accepted. PASSED, APPROVED AND ADOPTED a a regular meeting of the Carlsbad City Council held on the 6th day of January , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None Claude A. Lewis, Mayor ATTEST: . . . . - - . ALETHA L. RAUTENKRANZ, City Cledk (SEAL 1 AGREEMENT FOR DESIGN SERVICES FOR THE HOME PLANT SEWAGE PUMP STATION THIS AGREEMENT, made and entered into as of the day of t 19 ? by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Almgren and Koptionak, Inc., hereinafter referred to as "Consult ant. I' RECITALS City requires the services of an engineering consultant to provide the necessary engineering services for preparation of final plans and specifications for the Homeplant Sewage Pump Station; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: I. CONSULTANT'S OBLIGATIONS Preliminary Investiqation and Design Report Phase The 1984 update to the Sewer Master Plan for the City of Carlsbad identified the need for a 2.83 cfs (Peak Wet Weather Flow) sewer pump station to serve a portion of downtown Carlsbad. The new pump station will completely replace the old one, which -L- is prone to occasional overflows. Though d large amount of land is available, the City wishes to situate the new station in such a way as to utilize the remainder of the property in an effective manner. The old pump station and trickling filter would be demolished and the new station suitably fenced and landscaped. The Consultant's work shall be performed by or under the direction of William Koptionak, P.E. as Project Manager of the firm. a. Consult with the City's project manager and Utilities/Maintenance Department to further define the project requirements, review available data, and set the project' schedule and administrative routines. Consult with relevant regulatory agencies and affected utilities. b. Gather the necessary data for the design. Conduct a geotechnical investigation and produce a soils report with foundation recommendations. Perform the necessary survey and topographic work and investigate existing utilities. c. Prepare a design report containing schematic layout of site, architectural and mechanical elements, sketches, and design criteria. The report should identify potential problems (such as the suitability of the existing 12-inch force main) and alternative solutions, as well as the engineer's recommendations. -3- d. Prepare a preliminary Engineer's estimate of probable construct ion costs. e. Meet with the City to review work and provide input and changes as necessary. Desiqn Phase a. Continue to confer with the City and maintain contact with affected utilities. b. Prepare the final, detailed, contract drawings on standard City mylar sheets based on the approved preliminary design. C. Write and complete the specifications, special provisions, and contract documents per City standards. d. Prepare an Engineer's estimate of construction costs. e. Supply five (5) sets of plans and specifications for review by the City. After the City Engineer signs the plans, provide thirty (30) sets to the City .for bidding. f. Attend the pre-bid meeting and assist in the advertising and bid evaluation/award process. 9. Present the plans to the City Council. Construction Phase a. Consult with and advise the City during construction. Write memos and/or provide sketches to resolve problems 7 -4- 2. or questions regarding the project. Review required change orders and make recommendations as to the acceptability of the work. b. Check detailed construction, shop and erection drawings submitted by the contractor for compliance with plans, specificat ions and design concepts. c. Make periodic site visits to observe the progress and quality of the work and make appropriate reports and/or recommendations to the City. d. Observe initial operation and performance tests of the project. e. Make a final inspection of the project and report on the projects completion. CITY OBLIGATIONS a. Project Management and Administration - The City, through its Project Manager, will answer questions of project definition and scope, and administer the design contract. City personnel will meet with the consultant, as required, to provide guidance and direction. b. Environmental - the City will prepare and obtain any environmental clearances required. c. Permits - City will apply for and obtain the Coastal Development Permit, and any other required permits. d. Plan Review and Approval - the City will review the preliminary report and final plans and return them, together with comments, within ten (IO) working days. -5- Review time will be added to the length of the contract. e. Construction - the City will prepare agenda bills, obtain a contractor and administer the construction contract. The City will also perform the technical observations of the construction, performing the necessary inspection, tests, and surveying, as well as coordinating the construct.ion with utilities. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of notification to proceed by the City. Consultant shall complete plans and specifications, signed by the City Engineer, within six (6) months of the Notice to Proceed. City review time is not included. 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 documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The lump sum, not to exceed, fee payable according to Paragraph 5, "Payment of Fees", shall be $35,000. This fee covers work only for allowing two (2) phases in the Scope of Work (Preliminary Investigation and Design Report, and Design). Payments for Phase 3 (Construction) shall be additional and made -6- on a time and materials basis. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Monthly payments of fees for Phases 1 and 2 shall be made for time and materials up to $12,250 for Phase 1 and $22,750 for Phase 2, a total of $35,000. 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: a. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. Blank mylars will be provided by the City. b. All final engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer . and/or Registered Landscaped Architect, as appropriate. 7. CHANGES IN WORK 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 letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated -7- changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City 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. 8. DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with' the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 9. COVENANTS 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 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 agreement without liability, -8- or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents 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 c omp 1 et ed . Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretat.ion not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating e -9- under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) 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 may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and drawings for the Homeplant Sewage Pump Station and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer’s number, (or Landscape Architect’s registration number). 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In - 10 - the event of such suspension or termination, 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 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 shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 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 control 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. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City - 11 - may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 16. 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 documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. 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. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Before delivery, Consultant shall have the right to make copies for his/her records and reuse his copies for other clients. 18. 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 resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. - 12 - 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, including liabilities or claims by reason of alleged defects in any plans and specifications. These provisions apply only to work performed under this agreement. 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 City. 20. 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 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 subcontractor of Consultant and the City. 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 writing by the City. - 13 - 21. 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 subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized 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. 22. VERBAL 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 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "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, administrators, successors, and assigns. - 14 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ALMGREN AND KOPTIONAK, INC. CITY OF CARLSBAD: By Mayor Title APPROVED AS TO FORM: Assistant City Attorney ATTESTED: - City Clerk