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
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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
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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
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accordance with the schedule set forth'in the Consultant's
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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
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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
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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
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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.
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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
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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