HomeMy WebLinkAbout1980-02-05; City Council; 6080-2; Lake Calavera Hills sewage treatmentAGENDA BILL NO .
DATE:
DEPARTMENT:
CITY OF CARLSBAD
February 5, 1980
Public Works
Initial:
Dept. Head(j?
C. Atty
C. Mgr.
SUBJECT:CONSULTANT AGREEMENT - LAKE CALAVERA HILLS SEWAGE
TREATMENT AND WASTEWATER RECLAMATION FACILITY
STATEMENT OF THE MATTER:
The City Council, on December 18, 1979,,,adopted Resolution No. 6000 approving an agreement
for construction and financing of the Lake Calavera Hills Sewage Treatment and Wastewater
Reclamation Facility. Section 2A of that agreement provides that the developer bear all
costs including professional services. Section 4D of the agreement provides that the City
cooperate and assist in obtaining necessary regulatory agency approvals and permits.
Because of the complexity of the process to obtain authorization and to construct and op-
erate the wastewater treatment and reclamation facility, the Developer and City staff
agree that the most expeditious method would be to retain a consultant to assist and ad-
vise the City.
The Municipal Code (Section 3.28.090[3]) provides that bidding procedures may be dispensed
with when the Council finds that the commodity can be obtained from only one gender. The
Developer and City staff agree and recommend to Council for their concurrence^ that Mr.
Dennis O'Leary of the firm of Lowry & Associates is uniquely qualified to provide the nec-
essary consulting services to the City and should, in this matter, be considered a sole
source.
The Developer has approved the scope of work and project costs. Developer has agreed to
deposit $10,500 with the City upon Council's approval of the consultant agreement.
EXHIBITS
1. Letter to Public Works Administrator from Ed Haworth dated January 23, 1980.
2. Resolution No. making necessary findings and approving a consultant agreement between
the City and Lowry & Associates.
RECOMMENDATION
That City Council find that Mr. Dennis O'Leary is a sole source for the services required
and adopt Resolution No. &o7^approving a consultant agreement with Lowry & Associates.
Council Action:
2-5-80 Council approved staff recommendation and adopted Resolution 6079.
hawQrth,
carranderson,
January 23, 1980urban planning & development
Mr. Ron Beckman
Director of Public Works
City of Carlsbad
1200 Elm Street
Carlsbad, CA 92008 .
Dear Ron:
Both Roy Ward and myself have had an opportunity to review the proposal
for engineering services in connection with the wastewater disposal/
reclamation project that was submitted by Lowry and Associates. We
believe the proposal adequately describes the type of services neces-
sary to assist both the City and ourselves in processing the waste-
water treatment facility and water reclamation program through the
Regional Water Quality Board. It is my understanding that you will
be requesting an increase in the budget by approximately $1,500 to
cover additional time on behalf of Dennis O'Leary as well as prepara-
tion of supporting graphics.
Accordingly, this letter informs you of our willingness to pay for
services performed by Lowry and Associates. It is our understanding
that once the City accepts Lowry and Associates as the consultant that
we would be required to deposit monies with the City to cover the cost
of the contract and that the contract would be between the City and the
consultant.
Because of the excellent credentials of Mr. Dennis O'Leary as well as
his background and experience with the Regional Water Quality Board in
San Diego we believe that it is absolutely essential that he is the
principal involved in this contract. We believe that Mr. O'Leary's
unique background and experience establish the basis for his consider-
ation as a sole source for the contract.
We look forward to working with the City and Mr. O'Leary on expediting
our project through the Regional Water Quality Board. Please feel free
to give me a call if you have further questions or need additional in-
formation on this matter.
Sincerely,
Edward t. Haworth
for Lake Calavera Hills
EEHrmn
31882 camino capistrano, suite 27O • san juan capistrano, ca 92675- (714)661-6212
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RESOLUTION 6079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND LOWRY & ASSOCIATES FOR CONSULTATION SERVICES
LEADING TO THE OBTAINING OF REGULATORY AUTHORIZATIONS TO
CONSTRUCT AND OPERATE THE LAKE CALAVERA HILLS WASTEWATER
DISPOSAL/RECLAMATION PROJECT
WHEREAS, Section 3.28.090(3) of the Carlsbad Municipal Code provides that
bidding procedures may be dispensed with when the Council finds that the com-
modity can be obtained from only one vendor; and
WHEREAS, the City requires the services of an engineering consulting firm
to provide consultation regarding the processes and procedures leading to the
obtaining of all regulatory authorizations necessary to construct and operate a
wastewater disposal/reclamation project; and
WHEREAS, Dennis O'Leary, Senior Vice President of Lowry & Associates, has
the background, training and experience to make him uniquely qualified to pro-
vide the services required by the City and is, therefore, considered to be a
sole source for the services needed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls-
bad as follows:
1. That certain agreement between the City of Carlsbad and Lowry & Asso-
ciates for Consultation Services Leading to the Obtaining of Regulatory Authori-
zations to Construct and .Operate the Lake Calavera Hills Wastewater Disposal/ .
Reclamation Project, a copy of which is attached hereto, marked as Exhibit 1,
and incorporated herein by reference, is hereby approved.
2. 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.
xxxx
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad
at a regular meeting held the Jrtji. day of February , 1980, by the follow-
ing vote, to wit:
AYES: Councilmen Packard, Skotnrcki, Anear, Lewis and -
Councilwoman Casler
NOES: None
ABSENT: None
RONALD C. PACKARD, MAYOR
ATTEST:
i. Z
ALETHA L. RAUTENKRANZ, CITY CLERK T
(SEAL)
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EXHIBIT 1
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF CARLSBAD AND
LOWRY & ASSOCIATES, CONSULTING CIVIL ENGINEERS, FOR CONSULTATION
SERVICES LEADING TO THE OBTAINING OF REGULATORY AUTHORIZATIONS TO
CONSTRUCT AND OPERATE THE LAKE CALAVERA HILLS WASTEWATER DISPOSAL/
RECLAMATION PROJECT
THIS AGREEMENT, made and entered into the day of
1980, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and LOWRY & ASSOCIATES, Consulting Civil Engineers, a
California corporation, hereinafter referred to as "Engineer".
WITNESSETH;
WHEREAS, the City requires the services of an engineering consulting firm
to provide consultation regarding the processes and procedures leading to the
obtaining of all regulatory authorizations necessary to construct and operate
a wastewater disposal/reclamation project; and
WHEREAS, Dennis O'Leary, Senior Vice President of Lowry & Associates,
has the background, training and experience to make him uniquely qualified to
provide the services required by the City; and
WHEREAS, it is desirable that the City retain the services of Lowry &
Associates, Consulting Civil Engineers, as consulting engineers to perform
the services in the manner, at the time, and for the compensation set forth
herein;
NOW, THEREFORE, the parties hereunto agree as follows:
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.
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 parti ci pa-
1 tion is limited to the involvement of the Public Works Administrator on an "as
2 available" basis.
3 4. Responsibility of the Engineer. The Engineer is employed herein to
4 render a professional service only and any payments made to Engineer are com-
5 pensation solely for such services as Engineer may render arid recommendations
6 Engineer may make in the course of the project. The Engineer makes no warran-
7 tys either expressed or implied, as to Engineer's findings, recommendations,
8 or professional advice, other than they were promulgated after following a
9 practice usual to the engineering profession.
10 5. Changes in Scope of Project. If conditions beyond the control of
11 ' the Engineer necessitate a change in scope of the project after engineering
12 and management work under Paragraph No. 1 above has commenced, the guaranteed
13 maximum fee shall be adjusted as follows: (a) Increased or decreased in pro-
14 portion to the net change in the agreed-upon estimate of the level of effort
15 required; and (b) increased by the amount of charges for any work accomplished
16 to the date of change in scope which cannot be incorporated into the changed
17 project.
18 6. Suspension of Services or Termination of Agreement. The City, for
19 any reason, may, by written notice, postpone or suspend all or any part of
20 the engineering services authorized under this Agreement or, by written notice,
21 may terminate the entire Agreement. In the event of such suspension or termi-
22 nation, Engineer shall have the right to expend additional time to assemble
23 the work in progress for the purpose of properly closing the job. Such addi-
"
24 tional time shall not exceed ten percent of the total time expended on the
25 portion of the project affected by such notice of suspension or termination
26 before the receipt thereof.
27 In the event that suspension of services exceeds twelve (12) months
23 in duration, the Engineer may, by not less than thirty (30) days' notice,
1 terminate this Agreement as it applies to the suspended portion of the project.
2 7. Status of Engineer. The(Engineer will perform the services pro-
3 vided for herein in Engineer's own way as an independent contractor and in
4 pursuit of Engineer's independent calling, and not as an employee of the.City,
5 and Engineer shall be under the control of the City only as to the result to
6 be accomplished, and the personnel assigned to the project. The personnel
7 assigned to the project by Engineer shall be as follows: Principal Consultant -
8 Mr. Dennis O'Leary, Senior Vice President. Any change in project personnel
9 listed shall be subject to the prior approval of the Public Works Administrator.
10 8. Conformity to Legal Requirement^. The Engineer shall cause all
11 recommendations to conform to all applicable requirements of law: Federal,
12 State and local, to all requirements of all bodies formed under Federal, State
13 or local law whose approval must be obtained.
14 9. Ownership of Documents. Any plans, studies, sketches, drawings or
15 specifications supplied, as herein required, are the property of the City. In
16 the event this contract is terminated, any documents, plans, specifications
17 and drawings shall be delivered forthwith to the City.
18 10. Hold Harmless Agreement. The City, its agents, officers and employ-
19 ees shall not be liable for any claims, liabilities, penalties, fines or for
20 any damage to goods, properties or effects of any person whatever, or for per-
21 sonal injuries to or death of them, or any of them, caused by or resulting
22 from or claimed to have been caused by or resulting from any act or omission of
23 Engineer, or its agents, employees or representatives. Engineer further agrees
24 to indemnify and save free and harmless the City and its authorized agents,
25 officers and employees against any of the foregoing liabilities and claims
26 therefor, and any cost and expense that is incurred by the City on account of
27 any claim therefor.
28 11. Assignment of Contract. The Engineer shall not assign this contract
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1 or any part thereof or any monies due or to become due thereunder without the
2 prior written consent of the City.
3 12. Subcontracting. If the Engineer shall subcontract any of the work
4 to be performed under this contract by Engineer, the Engineer shall be fully
5 responsible to the City for the acts and omissions of its subcontractor and
6 of the persons either directly or indirectly employed by its subcontractor,
7 as it "is for the acts and omissions of persons directly employed by it. Moth--
8 ing contained in this Agreement shall create any contractual relationship be-
9 tween any subcontractor of Engineer and the City. The Engineer shall bind
10 every subcontractor and every subcontractor of a subcontractor by the terms of
11 this Agreement applicable to its work unless specifically noted to the con-
12 trary in the subcontract in question approved in writing by the City.
13 13. Prohibited Interest. No official of the City who is authorized in
14 such capacity and on behalf of the City to negotiate,.make, accept or approve,
15 or to take part in negotiating, making, accepting or approving any architec-
16 tural, engineering, inspection, construction or material supply contract or
17 any subcontract in connection with the construction of the project, shall
18 become directly or indirectly interested personally in this contract or in any
15 part thereof. No officer, employee, architect, attorney, engineer or inspector
20 of or for the City who is authorized in such capacity and on behalf of the
21 City to exercies any executive, supervisory or other similar functions in con-
22 nection with the performance of this contract shall become directly or indi-
23 rectly interested personally in this contract or any part thereof.
24 14. Verbal Agreement or Conversation. No verbal agreement or converse- •
25 tion with any officer, agent or employee of the City, either before, during,
26 or after, the execution of this Agreement, shall affect or modify any of the
27 terms or obligations herein contained, nor such verbal agreement or conversa-
28 | tion entitle the Engineer to any additional payment whatsoever under the terms
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of this Agreement.
15. Successors or Assigns. Subject to the provisions of Paragraph No. 11
above, all terms, conditions and provisions 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 Ameri-
can Society of Civil Engineers Manuals arid Reports on Engineering 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: CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ, CITY CLERK/ RONALD C. PACKARD, MAYOR
APPROVED AS TO FORM:LOWRY & ASSOCIATES, CONSULTING CIVIL
ENGINEERS
SENIOR VICE PRESIDENT
CITY ATTORNEY
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EXHIBIT "A" -
Consultation Services in Conjunction with Obtaining
Regulatory Agency 'Authorizations to Construct and
Operate a Wastewater Disposal/Reclamation Facil ity
SCOPE OF WORK
The Engineer, Mr. Dennis A. O'Leary, shall provide consulting engineering
services to the City of Carlsbad in two basic areas:
1. Connection of the Lake Calavera Hills facility directly to the Encina ocean
outfall and its relation to regulation of the outfall through existing arid
future NPDES permits. A minor level of activity is expected in this ares.
2. Planning for wastewater reclamation as part of the Lake Calavera Hills
project, seeking appropriate modifications to the Regional Hater Quality Control
Board's Basin Plan, and submitting an acceptable application for waste discharge
requirements. This area is expected to involve the greater amount of effort.
The Engineer shall assist the City in identifying issues and determining
courses of action relative to the above, recommend studies and data acquisition
needed to apply for Basin Plan revision and water reclamation requirements, re-
view and comment upon submittals by the developer of the reclamation p.lant,
assist and advise on the preparation of applications to be submitted to the
Water Quality Control Beard, meet with the staff of the Regional Water Quality
Control Board and other regulatory agencies as necessary, attend Regional Water
Quality Control Board hearings to assist in behalf of the City of Carlsbad. It.
is anticipated that the foregoing effort will include a number of meetings with
city personnel, developer's personnel and Planning Commission and/or City
Council.
The technical studies and data gathering that will be necessary to complete
the applications to the Regional Water Quality Control Board shall be done by
engineers and other consultants for the developer. The Engineer's role would
be to provide guidance in the formulation of study work plans and review of
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1 those work plans; review of the final products and assistance in preparing the
2 final products for presentation to the Regional Water Quality Control Board.
3 The Engineer's services to tha City of Carlsbad shall not include prepara-
4 tion of reports or other written material beyond memoranda and letters, which
5 would comment on submitta'ls to the City and would also provide the City with
6 recommendations and reports on progress.
7 Graphics, as may be functional in the processing of applications through
8 regulatory agencies shall be provided by the Engineer. Authorization for such
9 graphics shall be obtained, in advance, from the Public Works Administrator.
10 For program and budget purposes, an estimate of tasks, person hours and
11 costs is attached hereto as Attachment No. 1 and made a part hereof.
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ESTIMATE OF TASKS,, PERSON HOURS AND COSTS
CITY OF CARLSBAD/LAKE CALAVERA HILLS PROJECT
TASK A REVISION OF BASIN PLAN
A-l
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
Advise on initial studies
Review initial studies and advise
Submit request to RWQCB staff
Meet with client
Meet with RWQCB staff
Review of correspondence
Prepare for RWQCB workshop
Attend RWQCB workshop
Responses to'RWQCB inquiries
Prepare for RWQCB public hearing
Attend RWQCB hearing
Attend SWRCB hearing
Subtotal Task A
PERSON
HOURS
8
10
3
4
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2
4
2
4
4
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50
RATE TOTAL
$64.90 $ 3,245
TASK B ESTABLISHMENT OF WATER RECLAMATION REQUIREMENTS
B--1 Advise on initial studies 12
B-2 Review initial studies and advise 12
B-3 Submit request to RWQCB staff
Meet with client 3
Meet with RWQCB staff 4
Review subinittal 1
B-4 Review additional submittal 2
B-5 Prepare for RWQCB hearing 4
B-6 Attend hearing (may be same as A-8) 4
B-7 Provide guidance on and review agreements 4
between City of Carlsbad & LCH Associates
B-8 Review plans for specifications for water 16
reclamation facilities; review & comment
on compliance & certification reports
Subtotal Task B — 62 $64.90 $ 4,024
TASK C CONTINGENCIES
An allowance for unanticipated meetings,
other contingencies and graphics
C-l Contingencies
C-2 Graphics
Subtotal Task C
TOTAL ESTIMATED BUDGET
38
LS
$64.90
Lump Sum
$ 2,466
765
•$ 3,231
$10,500
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2 COMPENSATION
3 MAXIMUM COMPENSATION
4 Total fees for all engineering services; as described in Exhibit "A-" of
5 this Agreement, shall not exceed the sum of Ten Thousand Five Hundred Dollars
6 ($10,500.00) and shall include all direct and indirect costs including labor,
7 fringe benefits, overhead, expense and profits.
8 PAYMENT OF FEES
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9 Charges determined shall be on a time and materials basis at rates as
10 outlined in the standard schedule of compensation dated January 1, 1980
11 attached hereto and made a part hereof.
12 Charges shall be billed monthly to the City and payments by the City shall
13 be made within a reasonable period of time. '
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JANUARY 1, 1930
STANDARD SCHEDULE OF COMPENSATION
APPLICABLE FOR SERVICES FURNISHED ON PER HOUR BASIS
CLASSIFICATION PER HOUR
SENIOR PRINCIPAL ENGINEER $64.90
PRINCIPAL ENGINEER, CONSTRUCTION & CONTRACT MANAGER 55.00
SENIOR ENGINEER, SENIOR PLANNER, SENIOR SCIENTIST 48.50
SENIOR ASSESSMENT ENGINEER, ASSISTANT CONSTRUCTION MGR 44.00
PROJECT ENGINEER, RESIDENT ENGINEER, PLANNER 37.50
ASSOCIATE ENGINEER, PLANNER 31.50
ASSISTANT ENGINEER 28.60
ENGINEERING TECHNICIAN 21.00
SENIOR DRAFTSMAN, DESIGNER DRAFTSMAN 28.60
DRAFTSMAN 25.75
COMPUTER PROGRAMMER 35.50
COMPUTER ANALYST 24.30
CHIEF CONSTRUCTION INSPECTOR 30.60
CONSTRUCTION INSPECTOR 27.00
TECHNICAL REPORT PREPARATION ". '. 16.50
COMPUTER TIME, REPRODUCTION AND OTHER BILLED AT ACTUAL COST
APPROVED OUTSIDE .SERVICES PLUS 10%
INCIDENTAL EXPENSES ABOVE FEES INCLUDE IN INCIDENTAL
COSTS FOR LOCAL TRANSPORTATION
TELEPHONE COSTS, ETC.
TRAVEL COSTS AIR, BUS AND TAXI, LODGING AND
OTHER' RELATED TRAVEL COSTS
BILLED AT ACTUAL COST
MINIMUM DAILY CHARGE FOR COURT TESTIMONY AS AN EXPERT WITNESS IS $715.00.
PREPARATION FOR A COURT CASE WILL BE CHARGED AT REGULAR HOURLY RATES.
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