HomeMy WebLinkAbout1978-11-21; City Council; 5541-2; Approving agreement for consultant servicesCITY.QFCARLSBAD
/ -AGENDA BILL NO.
[)/\7[r: November 21, 1978
DEPARTMENT:PUBLIC WORKS
Initial:
Dept. Hd.
C. Atty.
C. Mgr.
Subject:APPROVING AQREEMENT FOR CONSULTANT SERVICES
TO RALPH ANDERSEN AND ASSOCIATES
Statement of the Matter
Council approved a request for proposal for consultant services to support the application
to form a subsidiary district of the CMWD on September 19, 1978. Four proposals were
received and evaluated as described in Exhibit A. The evaluation committee recommends
awarding the contract to Ralph Andersen and Associates at a not to exceed fee of $14,600
plus fees at the standard rate for time and material for the development of assessors
information. These rates and an alternate'way of developing the information using
City staff is outlined in a supplemental letter received from Ralph Anderson and Associates
and included as Exhibit B. Funds in the amount of $7,500 were approved by Council in
Account 01-126-2450 in the FY78-79 Budget for Professional Services relating to preparation
of this application. It is further recommended that additional funding in the amount of
$8,500 be authorized for this contract from the -unappropriated Water Fund 51-243-0900.
Work associated with the consulting contract includes a water rate analysis as well as a
review of the water fund financial practices.
EXHIBIT
A. Report of Evaluation Committee.
B. Letter from Ralph Andersen Associates of November, 1978.
C. Resolution No. S6oS* authorizing the Mayor to execute an agreement for
consultant services with Ralph Andersen and Associates and authorizing
transfer of funds.
D. Proposal of Ralph Andersen and Associates.
RECOMMENDATION
If Council concurs with the recommendation of the evaluation committee to award the
contract for consultant services to Ralph Andersen and Associates, approve the
recommendation and the transfer of funds by approving Resolution No. £~6,oP authorizing
the Mayor to execute the Agreement.
Council action:
11-21-78 Council adopted Resolution 5608, approving an agreement with
Ralph Andersen and Associates for consulting services relative
to formation of a subsid-,-lary district.
November 8, 1978 . ' • •
MEMORANDUM
TO: City Manager
FROM: Director of Utilities & Maintenance
SUBJECT: Evaluation of Proposals for Consultant Services;
City/CMWD Water Consolidation
Proposals were received from four consultants in response to our request for
work to be done to support our application for formation of a subsidiary
district of the CMWD as follows:
Alderman, Swift & Lewis - Santa Ana $ 12,800
Ralph Andersen and Associates - Sacramento 14,600 plus time
and material for review of assessors information
Arthur D. Little - San Francisco 24,000
Brown & Caldwell - Pasadena 34,980
An evaluation committee reviewed the proposals on November 3, 1978. The
committee included:
Mayor Packard
Frank Mannen, Administrative Assistant
Roger Greer, Director of Utilities & Maintenance
Jim Elliott, Assistant Finance Director
A thorough review of the proposals was made independently by each committee
member prior to the meeting, with each member developing their own criteria
for evaluation. The committee, prior to discussing the individual proposals,
established the general criteria for discussion which is listed in the order
of importance.
1. The proposal should be able to demonstrate the consultant's understanding
of the District Reorganization Act and their experience under similar
circumstances in dealing with the Act.
2. The consultant's understanding of and ability to provide the analysis
required by the tasks outlined in the request for proposal.
3. The consultant's capability to develop organizational alternatives and
to conduct rate analysis.
4. Cost of the project.
Consultant Services (continued) -2- November 8, 1978
It was the consensus of the committee that the proposal of Ralph Andersen
and Associates, Sacramento, best met these criteria. This judgement was
based on the following considerations:
1. Ralph Andersen and Associates have conducted analyses for the
Cities of Costa Mesa, Vallejo and Villa Park who were considering
formation of a subsidiary district under the provisions of the
District Reorganization Act.
2. Ralph Andersen and Associates have particular expertise in
analyzing organization and financial alternatives.
3. The proposal specifically addressed each task outlined in the
request and how the task should be accomplished.
It is the recommendation of the evaluation committee that the contract be
awarded to Ralph Andersen and Associates.
ROGEj/W. GREER
Director of Utilities & Maintenance
RWG:pag
NOTE: The proposal submitted by the firm of Alderman, Swift & Lewis showed
their primary area of expertise to be in engineering systems. The areas of
analysis in the proposed consolidation did not question engineering ability
of either agency but the problems of rate structure, operational management
and personnel. In this area of expertise, the proposals submitted demon-
strated that Ralph Andersen & Associates had superior ability. The unanimous
opinion of the selection committee was that cost difference between the
Alderman, Swift & Lewis proposal and that of Ralph Andersen & Associates
would be more than offset by the quality of the services received.
"D"
Ylo. S
RALPH ANDERSEN AND ASSOCIATES
November 8, 1978
Mr. Roger W. Greer
Director of Utilities
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Dear Roger:
and Maintenance
92008
We were delighted to learn that we have been recommended by the Selection
Committee to assist the City in the analysis of the key issues involved in
establishing the Carlsbad Municipal Water District as a subsidiary district of
the City.
As you know, the first step in the study will be to determine whether or not
the District may be established as a subsidiary district of the City as
provided by the District Reorganization Act. As indicated in Task 2 of our
proposal, it is not possible to accurately estimate the time involved with
this task until records in the San Diego County Assessor and Registrar of
Voters Offices have been reviewed. With this in mind, the costs associated
with this task will be billed according to our standard billing rates and
reimbursement for direct out-of-pocket expenses. Standard hourly billing
rates for the firm are:
Ralph Andersen
John Shannon
Associate Consultant
$37.50 per hour
$31.25 per hour
$25.00 per hour
As we discussed, we are willing to explore the possibility of utilizing City
staff under our supervision to accomplish a portion of the work associated
with the above task in an effort to keep the cost to the City at a minimum.
If you have any questions concerning the above, please don't hesitate to call
Best regards,
,,—i
C. _>_/< /•1-'
• John Shannon
1446 ETHAN WAY • SUITE 101 • SACRAMENTO, CALIFORNIA 95825 • (916)929-5575
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.RESOLUTION NO. 560-°-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND RALPH ANDERSEN
AND ASSOCIATES FOR CONSULTING SERVICES
RELATIVE TO THE FORMATION OF A SUBSIDIARY
DISTRICT AND AUTHORIZING TRANSFER OF FUNDS.
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That the certain agreement between the City of Carlsbad and
Ralph Andersen and Associates for consulting services relative
to the formation of a subsidiary district of the CMWD, 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.
3. That funds in the amount of eight thousand five hundred dollars
($8,500) are transferred from Account 51-243-0900 Water Fund
balance to Fund 51-243-2450, Professional Services.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 21st day of
November ,1978 by the following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
None
None
ATTEST:
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City
(SEAL)
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made this day of , 1978,
between the CITY OF CARLSBAD, a municipal .corporation of the State of
California, hereinafter referred to as CITY, and RALPH ANDERSEN AND ASSOCIATES,
a California corporation, hereinafter referred to as CONSULTANT.
RECITALS:
WHEREAS, the City requires consulting services to conduct an
objective analysis of certain key issues for the formation of a subsidiary
district of the Carlsbad Municipal Water District by the City of Carlsbad.
WHEREAS, the City has solicited proposals for this determination;
1
2
3
4
5
6
7
8
9
10
11
12
13 I WHEREAS, the Consultant has the experience and qualifications
14 to make these determinations; and
15 WHEREAS, it is understood that the Consultant shall be an
16 independent contractor of the City;
17 NOW, THEREFORE, the parties hereunto agree as follows:
18 (1) DUTIES OF THE CONSULTANT:
19 The Consultant will provide all professional services necessary
20 to carry out the scope of work presented in Consultant's proposal dated
21 October 13, 1978, and incorporated herein by reference. This work scope
22 will include the ten (10) numbered tasks set forth in the proposal.
23 In completing the work scope, the Consultant will provide
24 the City with two (2) copies of a review draft version of the Final
25 Report. Following review of this draft by the City, the Consultant
26 will then provide the City with twenty (20) copies of the Final Report.
27 XX
28
1
2
5
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) DUTIES OF THE CITY
(a) The City will make available to the Consultant any
document, studies, or other information in its
possession related to the work.
(b) 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 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 105 days of the effective date of the agreement.
The Consultant shall submit the Final report within 15 days of completion
of review by the City.
(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.
Direct costs (including reproduction, and long distance telephone)
will be compensated for at cost.
XX
-2-
8
10
11
12
13
14
15
16
17
18
19
(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 the 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) except Task II above is $14,600. Task II will be billed on
an actual cost basis.
This $14,600 figure would not be exceeded by the Consultant
without 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
20 additional work.
21 (8) RESPONSIBILITY OF CONSULTANT
22 The Consultant is employed herein to render a professional service
23 only and any payments to him are compensation solely for such services as he
24 may render and recommendations he may make in the course of this project.
25 (9) OWNERSHIP OF DOCUMENTS
26 All maps, studies, sketches, work sheets and documents as herein
27 required are the property of the City whether the work for which they are
28 made be executed or not. In the event this contract is terminated, all
-3-
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
27
28
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 agreement 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 same 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 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 $30,000 for any one accident and $50,000 for property
-4-
1
2
damage. The policy shall be written by a responsible company or companies
to be-approved by City, and shall be nonca.ncelable except on ten days'
3 written notice to City. Such policy shall name City as co-assured and
4 a copy of such policy shall be filed with the City Clerk.
5 (13) STATUS OF CONSULTANT
6 The Consultant will perform the services provided for herein in
7 his own way as an independent contractor in pursuit of his independent
8 calling and not as an employee of the City; he shall be under the control
9 of the City only as to the result accomplished and personnel assigned to
10 project.
11 04) ASSIGNMENT OF CONTRACT
12 The Consultant shall not assign this contract or any part thereof
13 or any monies due or to become due thereunder without the prior written
14 consent of the City Manager.
15 (15) PROHIBITED INTEREST
16 No official of the City who is authorized in such capacity and
17 on behalf of the City to negotiate, make, accept or approve this contract
18 shall become directly or indirectly interested personally in this contract
19 or any part thereof.
20 (16) VERBAL AGREEMENT OR CONVERSATION
21 No verbal agreement or conversation with any officer, agent or
22 employee of the City, either before, during or after the execution of this
23 contract shall affect or modify any of the terms or obligations herein
24 contained, nor such verbal agreement or conversation entitle the Consultant
25 to any additional payment whatsoever under the terms of this contract.
26 (17) EFFECTIVE DATE
27 This contract shall be effective on and from the day and year
28 first above written.
-5-
6
8
9
! RALPH ANDERSEN AND ASSOCIATES10By
11
12
13
14
16
IN WITNESS WHEREOF, we have hereunto set our hands and seals,
CITY OF CARLSBAD
By
RONALD C. PACKARD, Mayor
ATTEST:
£. ffxQj
j ALETHA L. RAUTENKRANZ, City Clep
Approved as to iform:
Vincent F. Btomrar Jr.
City Attorney
17"
18
19
20
21
22
23
24
25
26
27
28
-6-