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HomeMy WebLinkAbout1990-08-21; Municipal Water District; 044; Consultant Agreement for Design Services. , Cr\/lWQ - AGENDA BILL APPROVAL OF CONSULTANT AGREEMENT FOR DESIGN SERVICES FOR THE TWIN 'D' WATER 1 EPT. ENG. STORAGE TANK SITE EXPANSION CMWD PROJECT NO. 84-111 3ECOMMENDED ACTION: Adopt Resolution No. approving a consultant agreement 683 for design services for the Twin 'D' .water storage tank site expansion, CMWD Project No. 84-111. ITEM EXPLANATION The proposed water storage expansion site is located easterly from the intersection of I-5 and Poinsettia Lane easterly along the Poinsettia Lane prolongation 8,500 feet. The proposed improvements are to increase the present storage capacity of 2.5 million gallons to 7.5 million gallons. The improvements are included in the Water Master Plan and Capital Improvement Program. The expansion is necessary to accommodate the current development and future projections of growth in this area of Carlsbad. Staff developed a detailed Request for Proposal for design services and invited three (3) qualified engineering firms identified for the project. All three (3) of the firms responded with formal detailed proposals. Each of the engineering firms presented their proposal at an oral interview to the staff. Staff reviewed the proposals in depth and based upon the consultant's demonstrated understanding of the project, past expertise in similarly scoped projects, and overall design capabilities, staff recommends that Mat Donald-Stephens Engineers, Inc. be selected to design the project. The scope of work in the attached consultant agreement will include the following: Preliminary Phase which includes: site survey, soils investigation, capacity study, piping layout and material evaluation, and preliminary design. Design Phase which includes: final site design, final tank and piping design, plans and specifications, contract documents, and bidding process assistance. Construction Phase which includes: field engineering, shop drawing review, construction site visitation, pay estimate review and recommendations, and as builts. Page 2 of Agenda Bill o+f FISCAL IMPACT: The attached consultant agreement provides for lump sum fees for the phases as follows: Preliminary Phase $40,400.00, Design Phase $38,210.00, and Construction Phase $29,300.00 for a total of $107,910.00. The Board of Directors has previously appropriated funding for the improvements as a part of the Capital Improvement Program in the amount of $2,770,000. Ample funds are available for this project. The staff recommends approval of the attached consultant agreement for design of the project. EXHIBITS 1. Location Map 2. Resolution No. 683 approving a consultant agreement for the design services for the Twin 'D' water storage site expansion, CMWD Project No. 84-111. 3. Consultant agreement. CMWD 84-111 _ LO@TION MAP . . SOUTH CARLSBA STATE BEACH VICINITY MA.P I 3ROSECT N’AfvlE - f’ RES. SITE. EXPANSION . PklJECT NO.. EXHIPIT u ri CMWD 84 -._flL 1 . w I 2 : 4 F . E ‘i E S 1c II 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - RESOLUTION NO. 683 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT APPROVING A CONSULTANT AGREEMENT FOR THE TWIN 'D' WATER STORAGE TANK SITE EXPANSION - CMWD PROJECT NO. 84-111 WHEREAS, the Carlsbad Municipal Water District requires the services of a professional design engineering consultant to prepare improvement plans and specifications for the site expansion of the Twin 'D' water storage tank, CMWD Project No. 84-111 located easterly from the intersection of I-5 and Poinsettia Lane easterly along the Poinsettia Lane prolongation 8,500 feet: and WHEREAS, a scope of work and consultant agreement has been prepared for said services: and WHEREAS, the Carlsbad Municipal Water District hereby finds it necessary, desirable and in the public interest to approve said agreement. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the consultant agreement between Mat Donald- Stephens Engineers, Incorporated, and the Carlsbad Municipal Water District is hereby approved and the President and the Secretary are hereby authorized and directed to forward copies of said agreement to Robert Coates, San Diego Regional Manager, Mat I// /// /// /// Donald-Stephens Engineers, Incorporated, 11770 Bernard0 Plaza Court, Suite 212, San Diego, California 92128, and the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal Water District held on the 21st day of August I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: (SEAL) CMWD 84-111 4 . THIS AGREEMENT, made and entered into as of the 15th day of Auaust. 1990, by and between the Carlsbad Municipal Water District, hereinafter referred to as l'District*@ I and MacDonald-Stevens Enaineers, Inc., hereinafter referred to as "ConsultantI'. RECITALS District requires the services of a Professional _ Enaineerinq consultant to provide the necessary desisn, construction plans. specifications and constructionmanasement for the preparation of a 8.5 million aallon water tank: and Consultant possesses the necessary skills and qualifications to provide the services required by the District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, District and Consultant I agree as follows: 1. CONSULTANT'S OBLIGATIONS The project scope of work consists of the following: A. PRELIMINARY PHASE 1. Review all relevant data, reports, record drawing and specifications. 1 Rev. 7/2/90 2. Research and identify the locations of all existing and proposed facilities and improvements in the vicinity of this project. Information on owners (address, phone and contact person) type, size, material, vertical and horizontal locations of each facility shall be identified on the construction drawings. 3. Review hydraulics including the master water plan for the site piping for both the proposed and future potable water storage facilities and the reclaimed water storage facilities. 4. Perform design survey including establishment of boundaries of District property and the preparation and recordation of a record of survey map. 5. Perform geotechnical work and report addressing pipe and structural design, foundation and other geotechnical requirements. 6. Provide recommendations regarding the locations requiring potholing of utilities which have a critical relationship to the project. The District will conduct the necessary excavations for District facilities only. The Consultant will be responsible for 2 Rev. 7/2/90 conducting all surveys necessary to incorporate all pothole information into.the design. 7. Establish design criteria for all appurtenances such as flow meters, valves, pipe sizes and materials, thrust and restraint requirements, foundations and telemetry equipment. (Review with District to allow for some District preference regarding materials, types of valves, piping controls, etc.) 8. Develop an order of work for construction to allow for shut-downs of water system for tie- . ins, start-up, testing, switch over of piping for reclaimed water. This will be incorporated into the final design as directions for the contractor. 9. Develop preliminary site plan showing facility layout, access drives, fencing and landscaping. Landscaping to be designed utilizing drought tolerant plants and drip irrigation where practicable. 10. Prepare an alignment study for "overflow" drain line. 11. Prepare report for alternates on steel and concrete reservoirs. 12. Prepare a study on the need of adding a 3 Rev. 7/2/90 chlorination facility for present 8.5 million gallon tank and ultimate 17.0 million gallon tank. B. DESIGN PHASE 1. Prepare final design drawings including all civil, structural, electrical, landscaping and process instrumentation drawings. 2. Prepare specifications necessary to construct the project. The District will provide the front end (l*boilerplateVt) documents including the general conditions. The consultant will review and return for typing by the District the llboilerplateslg showing the additions necessary to make them project specific. i.e. Project name, project number, bid schedule, etc. 3. Submit final design report including all design, hydraulic and structural calculations. 4. Prepare a tentative construction schedule and a monthly cash flow projection. 5. Submit construction drawings and specifications to District for review at 90% completion stage. Submit necessary drawings and permit applications to City of Carlsbad for review and approval. i.e. Drawings and calculations for overflow and tank drain 4 Rev. 7/2/90 _- piping. 6. Coordinate and process through the other various public entities, such as the Coastal Commission, acquisition of permits of the approval of drawings. The District will submit the necessary permit and/or agency review fees. Coordinate and process through other utility companies (S.D.G. & E., Pacific Bell) for the acquisition of permits and approval of drawings. Prepare and submit the necessary environmental (CEQA) documents as required, for'a negative declartion. 7. Submit (3) documents for review based upon the progress of the final design as follows: Completion of plans and submittal of first draft specifications and special provisions. (90% complete.) Completion of the bid package (100% complete.) 8. Attend monthly progress and 90% review meetings at District office. 9. The following minimum set of meetings shall held with District a. Kick Off b. Preliminary Phase C. Review of Rough Draft 5 Rev. 7/2/90 d. Kick Off for Design e. 90% Review f. 100% Review C. CONSTRUCTION PHASE 1. OFFICE ENGINEERING a. b. C. d. e. f. Provide assistance to the District to securing bids and tabulation and analysis of bid results. Furnish recommendation of award of contractor(s). Consultations with and advice to the District as to the acceptability of substitute materials and equipment proposed by the . contractor prior to award of construction contract. Consultation and advice to the District during construction. Preparation of sketches required during construction of resolve problems due to field conditions encountered. Checking of detailed construction drawings and shop drawings submitted by the contractor. Review lab, shop and mill test reports. 2. Field Engineering a. Provide (30) thirty site visits during various construction stages to observe progress and quality of work and informing the District. 6 Rev. 7/2/90 b. C. d. e. District to provide the daily construction observation of the project. Issuing necessary interpretations and clarifications of the contract documents, preparing required change orders and making recommendations as to the acceptability of the work. Review the amount of progress payments due based on completion of work and recommending issuance of such payments by the District. Observation of initial operation and testing of the completed.project. Perform final inspection and reporting on completion of the- project including recommendations as to final payment, final acceptance and release of retainages or securities of the contractor. 2. DISTRICT OBLIGATIONS The District shall provide the front end (@lboilerplateVV) documents for the specifications, including the typing per Section B.2 of consultants obligations. The District will provide input on preferred type of materials, valve types, controls, piping, etc. The District will make progress payments per payment of fees per Item No. 6 of Recitals. 7 Rev. 7/2/90 3. PROGRESS AND COMPLETION The work under this contract will begin within ten .(lO) days after receipt of notification to proceed by the District and be completed within 496 days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the District Enaineer . The District Ensineer 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 fee payable according to Paragraph 6, "Payment of Fees," shall be $107.910.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, "Changes in Work." 5. DURATION OF CONTRACT This agreement shall extend for a period of one and one half (1 l/2) years from date thereof. The contract may be extended for an additional one (1) year period or parts thereof, based upon satisfactory performance and the City's needs. 8 Rev. 7/2/90 6. PAYMENT OF FEES Monthly progress payments shall.made in accordance with invoices submitted to the District for review and approval. However, the final 10% of the payment lump sum fee shall only be made upon delivery of the final plans and specifications to the District. Lump sum fees for the phases as follows: Preliminary Phase $40,400.00, Design Phase $38,210.00 and Construction Phase $29,300.00 for a total of $107,910.00. 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the 8.5 million aallon tank'the' Consultant shall deliver to . the City the following items: 1. Mylar Improvement Plan Sheets 2. Mylar Copy of the Recorded llRecord of Survey Map" 3. Operating Manuals t Documents 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the District may request a change in contract. Such changes shall be processed by the District in the following manner: A letter outlining the required changes shall be forwarded to the District by Consultant to inform them of the proposed changes 9 Rev. 7/2/90 along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the District and approved by the District according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 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 of this agreement. For breach or violation of this warranty, the District shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. 10 Rev. 7/2/90 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 District may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the District and all work in progress to the District Engineer. The District Engineer shall make a determination of fact based upon the documents delivered to District of the percentage of work which the Consultant has performed which is usable and of worth to the District in having the contract completed. Based upon that finding, the District Engineer 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 interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the District Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with 11 Rev. 7/2/90 recommended methods of resolution which would be of benefit to both parties. The District Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the District Board of Directors for their resolution through the Office of the District Manager. The Board of Directors may then opt to consider the directed solution to the problem. In such cases, the action of the Board of Directors shall be binding upon the parties involved, although nothing in this procedure shall prohibit the' parties seeking remedies available to them at law. 13. 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 the event of such suspension or termination, upon request of the District, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to District. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The District shall make the final determination as to the portions of tasks completed and the compensation to be made. 12 Rev. 7/2/90 14. 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 District. Consultant shall be under control of the District only as to the result to be accomplished, but shall consult with the District as provided for in the request for proposal. The Consultant is an independent contractor of the District. The payment made to the Consultant pursuant to the contract shall be the full and complete compensation to which the Consultant is entitled. Thb District shall not make any federal or state tax withholdings on behalf of the Consultant. The District shall not be required to pay any workers' compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the District for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the District may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 13 Rev. 7/2/90 15. 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 District will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the District, 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 District. Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT The District, its officers, and employees shall not be liable for any liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, not for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omission of Consultant or Consultantls agents, employees, or 14 Rev. 7/2/90 representatives. Consultant agrees to indemnify, and save free and harmless the District and its officers and employees against any of the foregoing liabilities of any kind and any cost and expense that is incurred by the District on account of any of the foregoing liabilities, including liabilities by reason of defects in any plans and specifications. 18. 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 District. 19. 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 District 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 District. 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 15 Rev. 7/2/90 District. 20. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of the District to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the District who is authorized in such capacity and on behalf of the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become - directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the District, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Consultant to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold 16 Rev. 7/2/90 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. 23. EFFECTIVE DATE Th7 is agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST The Consultant shall fiie a Conflict of Interest Statement with the Secretary to the Board of Directors in accordance with the requirements of .the Carlsbad Municipal Water District Conflict of Interest Code. The Consultant shall report investments or interests in real property. 25. INSURANCE The Consultant shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's compensation and employers liability insurance from an insurance company authorizedto do business in the State of California which meets the requirements of City of Carlsbad Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the 17 Rev. 7/2/90 District Attorney or the District Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the District sent by certified mail. The District shall be named as an additional insured on these policies. The Consultant shall furnish certificates of insurance to the District before commencement of work. Executed by Consultant this day of A &&KS 7- , 19E. CONSULTANT: Ms*2~&4&0 - smPH&ds kw~ik/~~ccS, zv&?. Mr& (name of Consultant) CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation of the State of California By: District (sign here) President i?f?AT AA cdrQm5 ATTEST: (print name here) signatory) - (title and orqanization of ALETBA L. RAUTENKRANZ Secretary to the Board of Directors 18 Rev. 7/2/90 (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. 19 Rev. 7/2/90 .- CERTWICATE OF coELpoRIcTs REsoLvtxob;s FOR MACWEALP-STmBaS ) ENGINPfSIS , IXC l The uadcrrQard, Prvid I?. Stapham, Prasidcnz of MacDonald-Stephear, &gb66rs, Inc., a C8liforair corpontion (the “C~~porstlo~~)~ hereby . cartjf~es that ht fs a duly tlccrtd and rcshg President af the Corpotarion, that tbc follouhg ia l CNI and torrrct copy OF the Resolur~~ar dvly adopted by rhe Beard of Directors of the Corporation at 8 rpacial meeting duly c~nv~sd md held OZI November 24, 1986 at the Corpotatio~~s prfacfpal offices Zoutrd at 26921 Crow Varlty Parkway, Suits 200, Kiss&m Wejo, klifcsmti, 92691, ac vhfch a quorum was prtrtnt , and fhlf the ssme is a true, coffett aad eomp2ete copy thereof aad bar not bcca reusfxrdcd., . . . ESOLVS, ZliAT: Any snt of rhe fofloving off&errs md agents of tbc COrpOr8tiOU. 8SuI.I bt, tnd hertby are vMaout the jofndmr of any orhmr offSew aad tithout ray stte8tatioa by the Corporate s8crctary, 8utbr*ed, empovsrmd and directed to g~ttutt, tu86aa, acknouhdgr and dtffvcr b tht torporrtfon'8 name on Lts behatf ray and 8x1 documents and kr8t?tUW~tS, the cmcutioa, cerrealiag, sclmouled~ment sad/or detiverzy oi which, we, in tS16Sr opinfoa, aaoessazy or dar+d for the Corpont$m to take: l Dmld I?. Stephens - Presideut nevsd 0. McDezmld - Srcretsry, Vfte ?rcrfd6at Sobert W. fi8tW - Sup6rvtsf~~ EagZuoer BE IT FIlmI= JkESQLvm, TRCCT: These officers md rgcrrts of the Corporrtfou am aapoucrtd to agree to such ehau$es, modfffc~cfoas or ameudmeuts in ray and all bstrwent8 and dmummts ss from tfme to tfmt they my deem to br in the bese fntcreatr of thr Corporation, ad the&r cxrcution of such dacumrPts wdth say such chtagts, modiffutiow, and arasmhents, shall be demtd aoaclusfvJy to be ia the bcrt futsrest of the Corponttin, uad say such chqes, redtiSc+tfoas utd amcndmeats 8hiU be b&r&fag upa the Corporatloa; . BE IT FURTEE BESQLm, TEATt Al2 rcffms of the Corporstbrr, St8 duly rurhorfted officers, 8$cafr, 86=6ntS and tm$loyces, for and em behslf of the Corporrzion, heratofora taken fn conmutfon with the rforcsald, are hareby rrtUhd, adoptad . . 8nd cotltfrmd. = UITN&SS UEBRJ%OP, I hwo set my hand rnd r-1 tbi8 24th day of Nmmbet 24, 1986. . St6@t6lZS, Pr6Sfdmt 08. 09. 90 02:24 PM PO2 _-. - Notary Acknowledgment for CMWD Project No. 84-111, Twin 'D' Water Storage Tank Site Expansion State of California County of San Diego On this 9th day of August, in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared Robert W. Coates personally known to me to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged to me that the corporation executed it. c. : :. .- / .I, . .‘L,, ;:I.. . .,: .c: _ : .:-‘- ->r.;z..-. Y-7-; :: 7.. ; . (Seal of Notary) CMWD 84-111