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HomeMy WebLinkAbout1978-06-20; City Council; Resolution 54451 2 3 4 5 6 7 E I; IC 11 1; 12 1L If 1t 1' 11 l! 2( 2: 21 2: 2' 2 2 2 2 RESOLUTION NO. 5445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF WSBAD AND JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. , FOR PREPARATION OF A PROJECT REPORT, FINANCIAL REPORT AND ENVIRONMENTU IMPACT REPORT FOR THE LAKE WVERA HILLS DRAINAGE BASIN SATELLITE PLANT STUDY AND AUTHORIZING THE WYOR TO EXECUTE SAID AGREEMENT BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad and James M. dontgomery, Consulting Engineers, Inc., for preparation of a Project Report, Financial Report and Environmental Impact Report for the Lake Calavera Hills irainage basin satellite plant study, a copy of which is attached hereto, narked Exhibit "A", and incorporated herein by reference, is hereby approved. The Mayor of the City of Carlsbad is hereby authorized and directed 2. 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 , 1978, by the following the City of Carlsbad held the 20th day of vote, to wit: June AYES : Councilmen Packard, Skotnicki, Anear and NOES : None Counci 1 woman Cas1 er ABSENT: None ATTEST : /7 ~GNLD c. PACKARD, Mayor AGREEMENT FOR ENGINEERING SERVI'CES BETWEEN THE CITY OF CARLSBAD AND . JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. FOR A FEASIBILITY STUDY FOR A SATELLITE SEWAGE TREATMENT FACILITY IN NORTHEAST CARLSBAD THIS AGREEMENT made and entered into this 20th day of June , * 1978, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as 'tCity,'t and JAMES M. MONTGOMERY,CONSULTING ENGINEERS, INC., a California corpora- tion, hereinafter referred to as "Engineer." WITNESSETH: WHEREAS, the City has determined that capacity limitations at the Encina Water Pollution Control Facility will unduly restrict planned growth in the outlying areas; and WHEREAS, the City has authorized staff to conduct a study to de- termine the feasibility of establishing satellite sewage treatment facilities for outlying areas; and .WHEREAS, it will be necessary to conduct an independent engineer- ing investigation to determine such feasibility; and WHEREAS, the firm of James M. Montgomery Consulting Engineers, Inc. has submitted a proposal in writing to perform the required services; and WHEREAS, it is desirable that the City retain the services of James M. Montgomery,Consulting Engineers, Inc, as consulting engineers to perform the services in the manner, at the time, and for the com- ,--- pensation set' forth herein; NOW, THEREFORE, the parties hereunto agree as follows: t .* 0 e. 1. Scope of Engineering Services. Engineer agrees to perform those services specified in this Agreement and in Exhibit "A,?? which is attached to-and by this reference made a part of this Agreement. Engineer further agrees to submit a complete draft document to the City, for review, within 70 days of the date of notice to proceed. 2. Compensation. Compensation for the engineering services ' shall be in accordance with the procedures outlined in Exhibit "B" of this Agreement, which' is attached to and by this reference made a part of this Agreement. 3, Scope of City Staff Assistance. The City will make available to the Engineer its pertinent records, data and reports. . The City staff's participation is limited to the involvement of the Public Works Administrator on an "as available" basis. 4, Responsibility of the Engineer. The Engineer is employed herein 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. The Engineer makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice, other than they were promulgated after following a practice usual to the engineering profession. 5. Changes in Scope of Project. If conditions beyond the control of the Engineer necessitate a change in scope of the project after engineering and management work under Paragraph No. 1 above has commenced, the guaranteed maximum fee shall be adjusted as fol- - /-/ lows: in the agreed-upon estimate of the level of effort required; and (b) increased by the amount of charges for any work accomplished (a)-Increased or decreased in proportion to the net change -2- to the date of change in scope which cannot be incorporated into the' changed pro j ect . 6. Suspension of Services or Termination of Agreement. The City, for any reason, may by written notice postpone or suspend all or any part of the engineering services authorized under this Agree- ment, or by written notice may terminate the entire Agreement. In the event of such suspension or termination, Engineer shall have the right to expend additional time to assemble the work in progress for the purpose of properly closing the job. shall not exceed ten percent.of the total time expended on the por- tion of the project affected by such notice of suspension or termina- tion before the receipt thereof. Such additional time In the event that suspension of services exceeds twelve months in duration, the Engineer may, by not less than thirty days' notice, terminate this Agreement as it applies to the suspended portion of - the project. 7. Status of Engineer. The Engineer will perform the services provided for herein in its own way as an independent contractor and in the pursuit of-its independent calling, and not as an employee of the City; and it shall be under the control of the City only as to the result to be accomplished, and the personnel assigned to the project. The personnel assigned to the project by Engineer shall be those listed in a letter dated June 12, 1978 (Exhibit ''C1'). Any change in project personnel listed therein shall be subject to the prior approval of the Public Works Administrator. 8. Conformity to Legal Requirements. The Engineer shall cause all recommendations to conform.to all applicable requirements of law: Federal, State and local, to all requirements of all bodies formed - 3- 0 0 under Federal, State or local law whose approval must be obtained. 9. Ownership of Documents. Any plans, studies, sketches, drawings or specifications supplied, as herein required, are the property of the City. any documents, plans, specifications and drawings shall be deliv- In the event this contract is terminated, ' .ered forthwith to the City. 10. Hold Harmless Agreement. The City, its agents, officers and employees shall not be liable for any claims, liabilities, pen- * alties, fines or for any damage to goods, properties or effects of any person whatever, or for personal injuries to or death of them, or any of them; caused by or resulting from or claimed to have been caused by or resulting from any act or omission of Engineer, or its agents, employees or representatives. Engineer further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees against any of the fore- going liabilities and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor. .PI. Assignment of Contract. The Engineer shall not assign this contract or any part thereof or any monies due or to become due thereunder without the prior written consent of the City. . 12. Subcontracting. If the .Engineer shall subcontract any 'of the work to be performed under this. contract by Engineer, the Engineer shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the act's and omissions'of persons directly employed by it. tained in this contract shall create any contractual relationship .,- Nothing con- -4- this contract. e- o between any subcontractor of Engineer and the City. shall bind every subcontractor and every subcontractor of a sub- contractor by the terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in The Engineer . question approved in writing by the City. 13. Prohibited Interest, No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in con- nection 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 spch capacity and on behalf 0.f 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. 14. 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 con- tained, nor such verbal agreement or conversation entitle the En- gineer to any additiona? payment whatsoever under the terms of -- 15. Paragraph Successors or Assigns. No. 11 above, all terms, conditions and provisions Subject to the provisions of -5- hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. 16. Application of ASCE Manual No.-45. Applicable provisions of American Society of Civil Engineers Manuals and Reports on En- gineering Practice No. 45 shall apply to all matters not otherwise covered by this Agreement. 17. 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 APPROVED AS TO FORM c --/l / -6 - CITY OF CARLSBAD P& RONALD C. PACKARD, Mayor JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. EXHIBIT A SCOPE OF WORK PROJECT APPROACH The product of this study would be a report presenting a project plan, fi- nancial plan and environmental impact report for the proposed satellite sewage treatment and disposal facility in the northeast area of the City. The intent is to provide the City of Carlsbad with a technical evaluation of prior reports on the compatibility of the proposed facility with the City's concept of future satellite wastewater reclamation facilities. . ' Realizing that a significant amount of the background information which must normally be collected as part of this type of study has already been gathered, both by the City and the developer, the following tasks would be undertaken. - TASK 0.- PROJECT MANAGELWENT This task will include fiscal management of the project, in-house technical review and public presentations and hearings. A maximum of two meetings before the Planning Commission 'or City Council are included in the Scope of Work, TASK 1 - REVIEW This task will consist of reviewing all pertinent documentation assembled by the City's staff including the project report prepared by Lowry and As- sociates. Supplementary data would be requested or collected as necessary. All reports will be reviewed with regard to the value of prior sampling and testing, the assumptions made in the analyses and design factors used. The Scope of Work does not include collection of additional field data should the review indicate that such data is required. TASK 2 - DEFINE STUDY AREA This task will involve identification of .the area which should be considered in sizing and locating the proposed facilities, and of the factors affecting .facility design. This task will include: a) Limits of study area - define geographical limits of the area which should be considered in the design of the facilities in- cluding the potential for treating wastewater generated outside the City limits. b) Characteristics of study area - review all factors affecting the design and use of the facilities including: a Geography 0 Soils . Geology and seismicity . Climate . Groundwater conditions . Other unique area characteristics Population and land use - define for entire study area, utilizing existing information from City of Carlsbad forecasts and the Land Use Plan. Comprehensive Planning Organization. reuse of wastewater based upon existing land use plans and p.revious reports. The forecasts would be checked against.those of the Identify areas for potential Wastewater characteristics - identify the volume and composition of wastewater to be accommodated by the facility and assess the poten- tial for reclaiming the water for reuse. TASK 3 - WASTEWATER TREATMENT We will review and assess treatment and disposal alternatives proposed to meet water quality objectives. posed in the Lowryreportsin terms of the quantities and qualities projected in Task 1, above. We will: In particular, we will consider those pro- f) TASK .4 - Compare. methods of treatment and disposal and the discharge require- ments for each disposal alternative. Analyze treatment processes in terms of their future applicability for reclamation and reuse. Review the ability of alternative plant sites to meet service area disposal needs, and their adaptability to provide a feasible alter- native source of water for agricultural and for landscape irriga- tion. Consider the land area required for the treatment and disposal facilities for the study area defined. Land requirements will be identified for ultimate operation under the possibilities of (1) treatment and disposal, and (2) reclamation and reuse in conjunc- tion with treatment and disposal. Evaluate system to the ocean outfall, and the impact on the existing ocean outfall. alternative locations and the capacity of a fail-s'afe Review the probable phasing of construction, capital costs of expansion, and the operation and maintenance costs for each level of development. Develop cost estimates for alternative treatment systems, sites and phasing. Summarize wastewater reuse requirements of the California Depart- ment of Health, the San Diego County Health Department, and the San Diego Regional Water Quality Control Board. quality requirements for each potential category of reuse. ALTERNATIVE ANALYSIS Provide water -- ,.- Evaluation of alternatives will include the following subtasks: 0- 0 a) Review treatment alternatives to accommodate water quality re- criteria will be used to select the apparent best alternative: o quirements of potentially feasible reuses. The following 1. 2. 3. 4, 5. 6. 7. 8. 9. 10. 11. Applicability as a general system for other satellite plants. Maximum usage of existing facilities. . Energy conservation. Process dependability. Waste generation and disposal. Process monitoring costs. Costs of construction, operation and maintenance of total project. F1 exibil it y . Environmental impacts. Public acceptance. Priority of reuse markets b) Assess feasible reclaimed wastewater distribution alternatives. Seasonal long- and short-term including storage and'transportation requirements, future uses, and effects of interruptions on usage will be identified. effluent volume requirements, c) Perform detailed evaluation of the most viable alternatives, comparing cost-effectiveness of alternative water supplies, relative benefits of serving the various end users with reclaimed water, and institutional constraints affecting implementation. TASK 5 - RECOMMENDED ALTERNATIVE A recommended'plan will be formulated from features of one or more of the apparent best alternatives for treatment and future reclamation. of this activity include: Sub-tasks a) Describe in detail the recommended project and its major components . including: e . e . General operation and maintenance program. . . Recommended site. Preliminary design data for all treatment processes. Schematic flow diagrams, preliminary layouts and maps. Functional description of recommended plan and system components. b) c) Prepare detailed cost estimate of the recommended project. Summarize the techn.ica1 concepts and institutional arrangements inherent to the recommended plan. TASK 6 - FINANCIAL PLAN The financial analyses will review all capital and operation and maintenance costs anticipated for the proposed facilities at each level of development. e .a) Operation and Maintenance Costs - b) Capital Costs - Review and develop financial analyses that identify the revenue requirements for operation and maintenance costs. Recommend a financial plan which identifies financing al- ternatives and recommends a method for meeting financial obligations, including consideration of existing sewer fees. We would assess and recommend a method to allocate the costs incurred. . Provide a financial analysis which identifies the revenue requirements, if any, for the City to build and/or expand the facilities. Identify sources and level of funding. e Prepare preliminary revenue programs which estimate user charge rates. TASK 7 - ENVIROWNTAL IMPACT REPORT An environmental impact report will be prepared in accordance with CEQA guidelines. This effort, while it may incorporate the proposed EIR for Lake Calavera Hills, shall be complete for the study area and shall in- clude all necessary requirements to complete the project. impacts outside theCity'sGenera1 Plan Area will not be included. The re- view will address both the short-term and long-term impacts of the project. The assessment will include discussion of any necessary modifications to the existing land use plans, within the exterior boundary of the City's General Plan Area, required to accommodate the treatment facility and areas suitable for utilizing reclaimed water. the environmental investigation of alternate sites, completion of the draft EIR and response to public comments on the draft EIR. at public meetings, beyond those outlined in Task 0, are not included in the Scope of Work. Growth-inducing This task shall include Attendance TASK 8 - FINAL REPORT . Prepare 10 copies of the draft report for submittal to City and following review and comment prepare final report. will be provided. Fifty copies of the final report . .. EXHIBIT E COMPENSATION Compensation for Engineering Services given in Exhibit A - Scope of Work, shall be a lump sum of $27,800. direct and indirect costs including labor, fringe benefits, overhead expense and profit. Scope of Work as follows: This lump sum shall include all It shall be broken down by tasks given in the Task 0 1 2 -3 4 5 6 7 8 - Lump Sum Fee $ 2,000 1,350 2,300 3,200 4,250 2,100 3,600 4,100 4,900 To tal $27,800 This lump sum fee shall not be increased except in the event-there is an amendment to the Agreement that increases the Scope of Work. Charges determined on the basis of this exhibit shall be billed monthly to the City and payments by the City shall be made within a reasonable period of time. with the invoices and shall include a summary of activities related 'to progress of the project for the invoiced period. clude a report on the percentage of each task completed. The final 10% billing shall not be invoiced until the report is accepted and approved by the City Council. Brief monthly project progress reports shall be submitted This summary shall in- -7- e' 0 ~AMES M. MONTGOMERY, CONSULTING ENGINEERS. INC. 2255 Avenida De La Playa, La Jolia, California 92037/(714) 459-2931 June 12, 1978 Mr. Ronald A. Beckman .Public Works Administrator 1200 Elm Avenue Carlsbad, Calif. 92008 9 City of Carlsbad Subject: Feasibility Study for Satellite Sewage Treatment Facilities Dear Mr. Beckman: Transmitted herewith are suggested Scope of Nork and Compensation sections for the work on subject project. The Scope of Work is basically presented in our original proposal. If this is not satisfactory, we will be pleased to revise the section to either an hourly rate or salary cost plus 125 percent with a $27,800.upper limit. We have suggested a lump sum for compensation. .. As we discusskd with you on June 9, 1978, we would like to substitute Mr, in our original proposal. what personnel will be working on the project, following is the Project Team that will be assigned to this project. ' Frank Grant for Project Engineer instead of Mr. Gordon Treweek as listed In order to avoid any misunderstanding as to Project Manager B. G, Hildyard .. Project Engineer Frank. Grant Staff Engineers Kenneth R. Weeks William H. Moser. Janet Fahey Paul A, Teigen Technical Review Rudy J- TeKippe Albert L. Page -,./-- ., . HJ$< Vice President /ab EXHIBIT C -I ,..-,,.-