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HomeMy WebLinkAbout1978-01-17; City Council; 5250-1; Recommending award of contract" " CITY OF CARLSBAD „* /) * _v"^/ Initial: AGENDA BILL NO. ^&5"V ~~ /Jt*rfif&+H*>ZZ> / Dept. Hd. DATE: January 17. 1978 C. Atty. DEPARTMENT: Public Works C. Mgr. Subject: RECOMMENDING AWARD OF CONTRACT FOR CONSULTANT SERVICES; AGUA HEDIONDA MAINTENANCE PROGRAM Statement of the Matter Candidates submitting proposals for the performance of consulting services for the development of a program for the maintenance of the Agua Hedionda Lagoon were interviewed on December 22, 1977 by a selection panel consisting of Councilman Lewis, City Manager Paul Bussey, Director of Utilities & Main- tenance Roger Greer and Project Planner Joe Sandy. Two firms, David Smith and Associates of La Jolla and Moffatt & Nichols of Long Beach had submitted proposals in response to the RFP. It is the recommendation of the selection committee that David Smith and Associates be awarded a contract for the work. The cost for these services is not expected to exceed $14,750, however, the original scope of work may have to be modified as a result of work performed during the early investigation to develop additional information relating to the effects on the middle and inner lagoon due to the increased draw of water by Encina 5 from the outer lagoon. Should additional funds be required (estimated in the order of $750), the matter will be referred to Council for appropriate action. Funds are available in Account 01-145-3910 (Capital Improvements) - $10,000 and Account 01-125-2450 (Public Works Administrator Professional Services) - $5,000 to cover the costs of this contract. A report of the committee deliberations in contained as Exhibit A. EXHIBITS: A. Director of Utilities & Maintenance memorandum to City Manager of January 6, 1977; "Consultant Services for Development of the Agua Hedionda Maintenance Program". B. Agreement for Consultant Services, David Smith and Associates. With Resolution No RECOMMENDATION: If Council concurs with staff, approve the staff recommendation to award the contract for consultant services to David Smith and Associates and authorize the Mavor to execute the agreement (Exhibit B). Adopt Resolution No. £*£ 10 AGENDA BILL NO. 5250 - Supplement #1 1-17-78 Resolution #5290 was adopted awarding contract for consultant services to David Smith and Associates. 78-6 January 6, 1978 MEMORANDUM TO: City Manager FROM: Director of Utilities & Maintenance SUBJECT: Consultant Services for Development of the Agua Hedionda Maintenance Program. Requests for Proposals were forwarded to seven (7) firms for the development of a maintenance program for Agua Hedionda Lagoon. The following firms sub- mitted proposals: Moffatt & Nichol Engineers, Long Beach David D. Smith & Associates, La Jolla Moffatt and Nichol submitted a quote of $43,500 for the project. This includes costs of an engineering survey of the lagoon to be performed by Rick Engineering of Carlsbad. Moffatt and Nichol is a highly respected firm which has specialized in marina and harbor development for over 30 years. They have performed work in the local area on the Oceanside Harbor, St. Malo, Bristol Cove and Batiquitos Lagoon. David D. Smith and Associates submitted a proposal with a "not to exceed" quote of $8,500. This does not include an engineering survey of the lagoon which he indicates would cost an additional $5,000. He has indicated that Rick Engineering is capable of doing this work. The survey could be administered by the consultant or he suggests that the City might wish to arrange for this service separately. Additionally, he includes an optional task relating to identification of funding sources/grants which might be available to fund the maintenance effort. This latter task is estimated as not to exceed $750. Costs to pursue the complete program would be as follows: $ 8,500 - consultant fee 5,000 - survey 500 - 10% cost for survey contract administration 750 - identification of funding sources $ 14,750 The principal of this firm, Dr. David Smith, has performed consultant services for dredging projects for San Diego Bay and for the Chula Vista Small Boat Harbor. He will be associated with an engineer who has extensive experience on water related projects in San Diego Bay. Agua Hedionda (continued) -2- January 6, 1978 Both consultants were interviewed on December 22, 1977 by a panel consisting of Councilman Lewis, City Manager Paul Bussey, Director of Utilities & Maintenance Roger Greer and Project Planner Joe Sandy. Both consultants have outlined a proposed scope of work which should provide the necessary information to enable the City to identify procedures and costs for the maintenance of the Agua Hedionda Lagoon. Moffatt and Nichol propose to develop a computer model of the lagoon which would provide detailed information for investigating many alternatives, It was the consensus of the panel that the information they would provide would be quite detailed and specific. The Smith effort on the other hand would develop less precise information, but would be in sufficient detail such that the City could develop a course of action for future years. It should be pointed out that neither work effort in and of itself would develop the precise plan which the City should pursue. This study, similar to the on going space analysis study, will identify requirements and provide alternatives which can be analyzed. It will most likely be necessary at some future time to have detailed engineering analysis completed on the specific program that the City selects prior to actual implementation of that program. It appears from the discussions with both consultants that the RFP may have been deficient in it's scope of work as it relates to the impact of changes in the operation of the outer lagoon by SDG&E upon the middle and inner lagoon. It was evident to the panel that such considerations should be investigated, however it is considered that such detailed investigation occur at the time that a City funded specific maintenance program is developed, should Council determine that the City will pursue that course of action. The Moffatt and Nichol proposal included a complete analysis of this issue. David Smith indicated in a sub- sequent discussion of the problem that he believed that sufficient information would be developed by his effort to address the problem adequately, however if additional effort was required such that the scope of work required modifica- tion that he believed it would require no more than $750 of effort. Such changes would be referred to Council prior to proceeding. It is recommended, therefore, that David Smith Associates be awarded the contract to proceed in developing the maintenance program for the Agua Hedionda Lagoon. W. GF Diteeter of Utilities & Maintenance RWGrpag 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 5290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING•j AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAVID D. SMITH AND ASSOCIATES FOR CONSULTING SERVICES RELATIVE TO A MAINTENANCE DREDGING PROGRAM FOR AGUA HEDIONDA LAGOON. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and David D. Smith and Associates for consulting services relative to a maintenance dredging program for Agua Hedionda Lagoon, a copy of which is attached hereto marked Exhibit "A" and made a part % hereof, is hereby approved. 2. That 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, California, held on the 1 7th day of January , 1978 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Counci1 woman Casler NOES: None ABSENT: None ATTEST: R6BE~RT~C. FRAZEE, Mfeyor MARGAHET E. ADAMS ,t City Clerk (seal) 27 28 EXHIBIT A i AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made this ] ?tb daY of Ja/iuary /• 1978, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and DAVID D. SMITH AND ASSOCIATES, a California corporation, hereinafter referred to as CONSULTANT. RECITALS; WHEREAS, the City requires consulting services to determine the scope, feasibility, and order of magnitude cost of a maintenance dredging program for Agua Hedionda Lagoon; and - WHEREAS, the City has solicited proposals for this determination; and WHEREAS, the Consultant has the experience and qualifica- tions to make these determinations; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOW, THEREFORE, the parties hereunto agree as follows: (1) DUTIES OF THE CONSULTANT; The Consultant will provide all professional services .necessary to carry out the scope of work presented in Consultant's proposal dated December 13, 1977, and incorporated herein by reference. This work scope will include the seven (7) numbered tasks set forth in the proposal, and the un- numbered "optional task" described on page seven therein. In addition, the Consultant will arrange for and engage the services of a qualified subcontractor to. carry out the Engineering Survey described on page four of the proposal. In completing the work scope, the Consultant will provide. the City with two (2) copies of a review draft version of the Firal Report. Following review of this draft by the City, the Consul-ant will then provide the City with ten (10) copies of the final version of the Final Report. (2) DUTIES OF THE CITY (a) The City will provide the use of the Agua Hedionda Lagoon police boat and a boat operator from time to time as may be necessary for the conduct of the Consultant's work. (b) The City will make available to the Consultant any document, studies, or other information in its possess5.on related to the work. (c) The City will make payment to the Consultant as provided for in this agreement. (c). The City will review the draft version of the Final Report presented by the Consultant within fourteen (14) working days of its receipt and make written comments to the Consultant within this time period. (3) INITIATION AND COMPLETION Services described herein shall begin promptly following written authorization by the City. The work scope referred to in Section (1) shall be completed insofar as practical in -2- accordance with the schedule set forth'in the Consultant's » proposal, subject to modification by mutual agreement between the City and the Consultant. The Consultant shall submit to the City the review draft version of the Final Report within 90 days of the effective date of the agreement. The Consultant shall submit the Final Report within 30 days of completion of review by the City. The above notwithstanding, it is understood that inclement weather conditions may delay the completion of field work. The Consultant will be allowed as many additional days as are necessary to compensate for days lost due to . inclement weather. (4) COMPENSATION Fees for the Consultant's labor in carrying out the work scope referred to in Section (1) of this agreement will be based on the Consultant's standard hourly rates as set forth in Exhitit I of this agreement. Subcontracts and other direct costs (including mileage, reproduction, and long distance telephone) will be compensated for at cost plus a 10 percent handling charge. (5) PAYMENT OF FEES The Consultant will submit monthly invoices for services rendered. Each invoice will specify the individual, the hours worked, the individual's standard hourly billing rate, and total labor cost. Other direct costs will be itemized by category and documented by supporting information wherever reasonable. City will pay Consultant by check within 45 days of receipt of Consultant's invoice. (6) NOT-TO-EXCEED FEE The not-to-exceed total fee for the work scope referred to in Section (1) above is $14,750. This is comprised of the following component figures: (a) $9,250. for the seven numbered tasks and one "optional task" described in the Consultant's proposal, (b) $5,000. for the Engineering Survey subcontract; and (c) $500. for subcontract management. This $14,750. figure would not be exceeded by the Consultant fwithout specific written authorization by the City. (7) CHANGES IN THE SCOPE OF THE PROJECT If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Section (1) above has commenced, the Consultant shall submit his written estimate of increased costs to the City Manager for written approval prior to undertaking any additional work. (8) RESPONSIBILITY OF CONSULTANT The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make in the course of this project. (9) OWNERSHIP OF DOCUMENTS All maps, studies, sketches, work sheets and documents as -4- 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, work sheets, etc. shall be delivered forthwith to the City. (10) SUSPENSION OR TERMINATION OF SERVICES The City shall have the right to terminate this agree- ment and the work done under it at any time without cause by giving the Consultant verbal notice as to termination date, to be confirmed by written notice of termination. In the event of termination, the Consultant shall be paid for the work accomplished to the date of termination in accordance with Sections (4) and (5). Upon request of the City, the Consultant shall assemble the work product and put the sarr.cj in proper order for proper filing and closing and deliver said product to the City. (11) HOLD HARMLESS The Consultant will indemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by Consultant of this agreement, including the defense of any action arising therefrom. (12) MAINTAIN INSURANCE Consultant shall, at all times that this agreement is in effect or the premises are occupied by Consultant, cause -5- to be maintained in force and effect an insurance policy or policies which will insure and indemnify both City and Consultant against liability Or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of Consultant. The liability under such insurance policy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancelable except on ten days' written notice to City. Such policy shall name City as co-assured and a- copy of such policy shall be filed with the City Clerk. (13) STATUS OF CONSULTANT The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. (14) ASSIGNMENT OF CONTRACT The Consultant 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 Manager. (15) 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 -6- this contract shall become directly or indirectly interested personally in this contract or any part thereof. (16) 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. * (17) EFFECTIVE DATE This contract shall be effective on and from the day and year first above written. -7- IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: E. Adams, City Clerk I Approved as to form: Vincent F City Attorney CITY OF CARLSBAD By Robert C. Frazee , DAVID D. SMITH AND ASSOCIATES David D. Smit, President -8- EXHIBIT I DAVID D. SMITH AND ASSOCIATES ENVIRONMENTAL CONSULTANTS DDS&A 77-160 December 13, 1977 DAVID D. SMITH AND ASSOCIATES STANDARD HOURLY BILLING RATES (Effective through June 30, 1978) CATEGORY Principal Environmental Scientist Engineer, Biologist, Oceanographer Senior Technician Technici an Senior Clerical Draftsman/Illustrator Clerical RATS $50.00/hour $30,00/hour $25.00/hour $20.00/hour $18.00/hour $15.00/hour $13.00/hour BOX 1338, LA JOLLA, CALIFORNIA 92038 TELEPHONE (714) 453-2210