HomeMy WebLinkAbout1978-06-07; City Council; Resolution 54401
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e RESOLUTION NO. 544~ 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE EXECUTION OF AGREEMENTS BY VISTA SANITATION DISTRICT WITH BROWN AND CALDWELL , A CALIFORNIA CORPORATION, FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH APPLICATION TO WAIVE SECONDARY TREATMENT REQUIREMENTS FOR THE ENCINA WATER POLLUTION CONTROL FACILITY.
WHEREAS, District and other public agencies have entered into a Joint
Powers Agreement, pursuant to Chapter 5 of Division 7 of Title 1 of the Govern-
ment Code for the joint exercise of power and the acquisition, construction and
operation of facilities for the transmission, treatment and disposal of sewerage
which facilities comprise a single system of sanitation works and includes any
expansion of such facilities, and the work and services which are the subject of
this agreement; and
WHEREAS, Vista Sanitation District, a public agency, is one of the parties
to the aforesaid Joint Powers Agreement; and
WHEREAS, by virtue of the provisions of the Seventh Supplement to the said
Joint Powers Agreement, Vista Sanitation District is appointed as administrator
of the Phase 111 enlargement of the Encina Water Pollution Control Facility, a
joint project; and
WHEREAS, pursuant to and in accordance with the powers granted to it as saic
administrator, Vista Sanitation District, on July 13, 1973, entered into a
written agreement, designated VSD-100, with Brown and Caldwell for engineering
services regarding the Phase I11 expansion of the Encina Water Pollution Control
Faci 1 i ty; and
WHEREAS, it appears for the best interest of all parties to the aforesaid
Joint Powers Agreement that Brown and Caldwell perform certain additional
engineering services relating to the application to the U.S. Environmental Pro-
tection Agency (hereinafter referred to as EPA) for modification of secondary
treatment requirements and to assisting the Encina Joint Powers in developing
updated population projections and wastewater loadings flow data for the State
Water Resources Control Board (hereafter referred to as SWRCB) review for grant
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eligibi 1 i ty; and
WHEREAS, Vista Sanitation District is receiving a grant from EPA for the
additional services, and desires that this Amendment be in accordance with the
4mendments to Title 40 of the Code of Federal Regulations, Part 35, as published
in the Federal Register of December 17, 1975; and
WHEREAS, at regular meeting of the Joint Advisory Commi ttee held on
April 26, 1978, a motion was duly made, seconded and unanimously adopted that
Vista Sanitation District be authorized to enter into an amendment of its said
sgreement numbered VSD-100, and that said amendment be in the form attached here-
to marked Exhibit "A"; and
WHEREAS, it appears that the health and welfare of the public will best be
served by authorizing Vista Sanitation District to enter into the aforesaid
amendment .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARLSBAD, as follows:
Section 1: That the Board of Directors of the Vista Sanitation District be,
and is, hereby authorized to enter into an amendment of its
contract no. VSD-100, with Brown and Caldwell, and that said
amendment hereby authorized is that attached hereto marked
Exhibit "A" and incorporated herein by reference.
That the authorization granted herein to the Vista Sanitation
District shall be conditional upon the receipt by Vista Sani-
tation District of a Resolution by the governing bodies of each
of the other public agencies who are members of the aforesaid
Joint Powers Agreement, authorizing Vista Sanitation District
to enter into the said amendment to its contract no. VSD-100.
Section 2:
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0 e
an adjourned PASSED, APPROVED AND ADOPTED at/; regular meeting of the Carlsbad City
Council held on the 7th day of June , 1978 by the following vote,
to wit:
AYES : Councilmen Packard, Skotnicki, Anear and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST :
(SEAL)
- 3-
THIu ni
AMENDMENTNO. 1 TO
AGREEMENT NO. VSD-100
AGREEMENT FOR ENGINEERING SERVICES FOR THE
PHASE 111 EXPANSION OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
ENDMENT TO AGREEMENT is made and entered into his 'd Y
of
county sanitation district, hereafter referred to as "District" or "Owner" and
BROWN AND CALDWELL, a California corporation hereafter referred to as "Engineer".
., 1978, by and between the VISTA SANITATION DISTRICT,a
WITNESSETH
WHEREAS, District and Eng Lneer entered into an Agreement (hereafter referred
to as Basic Agreement) on July 13, 1973, for engineering services regarding the
Phase 111. FXpansion of the Enctna Water Pollution Control Facility (WPCF); and
WHEREAS, District desires Engineer to perform certain additional engineering
services relating to the application to the U S Environmental Protection Agency
and to assisting the Ehcina Joint Powers in developtng updated population projections
and wastewater loadings flow data for the State Water Resources Control Board
(hereafter referred to as (SWRC B) revtew for grant elig ibility; and
(hereafter referred to as .€+PA) for modificatton of secondary treatment requtrements
WHEREAS, District is receiving a grant from EPA for the additional services ,
and destres that this Amendment be tn accordance with the Amendments to Title 40
of the Code of Federal Regulations, Part 35, as published in the Federal Register
of December 17, 1975; and
WHEREAS, Engineer has sufficient personnel and facilities necessary to
accomplish the work within the required time and has performed similar services
for the Distrlct in connection with other projects; and
WHEREAS, such available and offered personnel include the following categories
of professional employees whose services are available for work on this project for
the approximate number of manhours over the project period as follows:
Services/Labor Catesory Approximate Manhours
li
Preparation of Awlication - Part 1 Chief Engineer 68
Manag Lng Eng lneer 1.64
Senior Fhg ineer 140
As soc iate Engineer 256
4 -14-78
AMENDMENT NO. 1 TO
AGREEMENT NO, VSD-100
AGREEMENT FOR ENGINEERING SERVICES FOR THE
PHASE I11 EXPANSION OF THE
ENCINA WATER POLLUTION CONTROL FACXLITY
THIS AMENDMENT TO AGREEMENT is made and entered into this
of , 1978, by and between the VISTA SANITATION DISTRICT,a
county sanitation district, hereafter referred to as "District" or "Owner" and
BROWN AND CALDWELL, a California corporation hereafter referred to as "Engineer",
day
WITNESSETH
WHEREAS , District and Engineer entered into an Agreement (hereafter referred
to as &sic Agreement) on July 13, 1973, for engineering services regarding the
Phase I11 Expansion of the Encina Water Pollution Control Facility (WPCF); and
WHEREAS , District desires Engineer to perform certain additional engineering
services relating to the application to the U S Environmental Protection Agency
and to assisting the Encina Joint Powers in developing updated population projections
and wastewater loadings flow data for the State Water Resources Control Board
(hereafter referred to as (SWRCB) review for grant eligibility; and
(hereafter referred to as EPA) for modification of secondary treatment requirements
WHEREAS, District is receiving a grant from EPA for the additional services,
and desires that this Amendment be in accordance with the Amendments to Title 40
of the Code of Federal Regulations, Part 35, as published in the Federal Register
of December 17, 1975; and
WHEREAS , Engineer has sufficient personnel and facilities necessary to
accomplish the work within the required time and has performed similar services
for the District in connection with other projects; and
WHEREAS , such available and offered personnel include the following categories
of professional employees whose services are available fcrr work on this project for
t5e approximate number of manhours over the project period as follows:
Seryices/Labor Cateqory
Preparation of Application - Part 1
Chief Engineer
Managing Eng ineer
Senior Engineer
Associate Engineer
Approximate Manhours
68
164
140
256
Service/La bor C a teqory Approximate Manhours
2.
Analysis of Future Wastewater Flows
and Loadinqs
Chief Engineer 15
Manag ing Engineer 84
Engineer 240
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Add the following subarticle to Article I. Scope of Work :
H. Preparation of Application - Part 1
The work to be included hereunder shall be the preliminary work necessary
for the preparation of an application to the EPA and SWRCB for modification of the
requirements for secondary treatment in accordance with Section 44 of the Clean Water
Act of 1977 (P.L. 95-217).
Preparation of application will be divided into two parts. Under Part 1, the
basic strategy for preparation of the application to meet the EPA and SWRCB
requirements will be developed and based on review of available existing data, the
need and scope of work for collecting additional data will be determined. Based on
the requirements determined under Part 1 and with the District's concurrence the
necessary additional data will be collected and evaluated and the necessary documents
for the application will be prepared under Part 2.
The work
Task 0 -
Task 1 - --
Task 2 -
to be provided during Part 1 includes the following tasks:
Management
This task includes supervision of engineering staff, review of work
by managerial-level engineers correspondence with District,
preparation and attendance of meetings with District representatives
to review and discuss progress of work.
Analysis of EPA Requirements
This task includes an arialysis of the EPA Preliminary Concept
Paper and proposed EPA regulations relating to the application.
The analysis will be oriented at detwmining the impact of these
proposed regulations on the planned Phase I11 Project.
Preliminary Data Analysis
This task includes cornpiling, reviewin.j ad conducting a preliminary
analysis oi the existing receiving watcr quality and marine biological
data avdilable in the vicinity of thk 3istric.t's outfall.
Task 3 - Consultation with Subcontractors
3.
Included in this task is consultation with subcontractors who have
special expertise in marine biology. An evaluation will be made
with these subcontractors to determine the need and scope of any
additional field studies that would provide further documentation
for the application e
Task 4 - Part 2 Scope of Work
This task includes the preparation of a detailed scope of work and
estimated costs necessary to complete the application during Part 2.
Included in the scope of work will be a time schedule for completing
and submitting the application in accordance with the applicable
EPA regulations.
Task 5 - Economic Evaluation
This task includes a preliminary cost effectiveness analysis of:
(1) preparing and submitting the application I constructing and
operating the Encina WPCF to meet the current State of California
Ocean Plan and conducting a complete monitoring program design
to meet the EPA proposed regulations compared with (2) constructing
and operating the Encina WPCF as a secondary treatment facility.
Task 6 - Report Preparation
Included in this task is the preparation of a letter report presenting
the findings of this preliminary work (Part 1) associated with the
preparation of the application. Up to 20 copies of this letter report
will be submitted to the District within 90 days following notice to
proceed.
2. Add the following subarticle to Article I. Scope of Work:
J. Analysis of Future Wastewater Ftows and Loadinqs
An analysis of future wastewater flows arid loadings at the Encina WPCF
shall be conducted to provide the SWRCB with ijpdated information necessary for
their determination of grant eligibility for the Phase I11 Project. The work to be
provided includes the following tasks:
Task 0 - Manaqement
This task includes supervision of enyineering staff, review of work
by managerial-level engineers I correspondencc with District,
preparation aid attendcir.ce of mi:~.tti:g:~ with I3 ;trict representatives
to review and discuss progress ai work,
. . . - . . . - -.
Task 1 -
Task 2 -
Task 3 -
4.
Seweraye Service Areas
In this task, existing and projected sewerage service areas within
the Encina Service Area will he delineated and the h!L.tory of
providing sewerage service reviewed.
1.
2.
3.
4.
Based on iilrormation supplied by the District, identify areas
within each member agency that are not preseiitly served by
sewers.
Prepare a map showing areas within each member agency that
are presently served by sewers and also areas that will be
served by sewers by tho year 1 ‘Jd8
Summarize the history of providing sewerage service to the
areas shown on the above map, including where applicable,
informatbn regarding the pattern and rat ionale for extending
sewerage service to outlying areas and the rate of connection
to the collection system.
Describe the nature of areas within each member agency that are not presently and are not projected to be served by sewers
by the year 1988. Based on information supplied by the District,
des6ribe the methods that are and will be employed for waste-
water disposal in those areas through the year 1988.
d
Population
This task involves reviewing historical population information and
developing revised projections of the population of each of the
member agencies.
1. Based on information supplied by the District and by the
Comprehensive Planning Organization review historical population
data and growth rates for each of the member agenctes and present
estimates of the existing population, 11ic existing population
receiving sewerage service at the present time, and the existing
population in areas thill: will be receiving sewerage service by
1988.
2. Present population projections €or the years 1990 and 2000 for
areas that will receive sewera(;?: :;i,rvice by 1988.
Wastewater I’low ilharactcr is t ic s
5.
1 . Review existing and historical wastewater flow information.
Establish present contribution of domestic and commercial
sources to the total wastewater volume (ADWF), and monthly
average flow by updating information contained in the project
report with current wastewater flow information. Establish
present contribution of industrial sources based on a current
inventory of industrial dischargers maintained by the County
of San Diego.
2. Review and update PDWF and PWWF unit design factors.
and verify the infiltration/inflow data using the same methods
as employed in the 1975 Project Report.
Update
3. Project wastewater flows for the years 1990 and 2000,
including ADWF, PDWF and PWWF.
Task 4 - Wastewater Quality Characteristics
This task includes a review of existing influent and effluent
suspended solids (SS) and 5-day biochemical oxygen demand (BOD)
characteristics. At least two years of SS and BOD data will be
compiled and reviewed to determine monthly averages and the
maximumcand minimum values for each month. A statistical analysis
will be conducted to determine unit loadings for design purposes.
Task 5 - Report Preparation
Report preparation includes all work involved in preparing, editing
and reproducing a letter report to supplement the February 1975,
Encina Joint Powers Regional Sewerage Agency Project Report that
presents the information developed in previous tasks.
1.
2.
3.
Prepare and edit text of draft report.
Prepare figures and tables for subject report.
Submit up to ten copies of the draft report to the District
for review within 90 days following notice to proceed.
4. Prepare and reproduce the final report. Up to 20 copies
of the final report will be submitted. to the District.
Includi i! in tliis task is th:: preparation for and attendance at
meetings with repre::entatives oi the SWRCB to discuss the
findings of this letter report.
6.
3.
Compensation :
Add the following sentence to the first pxayraph in Article 111.
Compensation for engineering services described in Article I. H.
Preparation of Application - Part 1 and Article I. J. Analysis of Future Wastewater
Flow and Loadinqs of this Agreement will be determined on an hourly rate basis,
as defined in Exhibit A, which is attached hereto and incorporated herein by reference.
4. Add the following article to the Basic Agreement:
XXI. Data to be Provided by District
To assure timely completion of the work outlined in Articles 1.H and
I. J. , the District shall provide the following data for each member agency within
a specific time schedule to be agreed upon prior to authorization of this work.
1. Sewerage Service Areas
a. A map showing which areas are and which areas are not currently
served by sewers.
b. A map showing which areas will and which area will not be
serv’ed by sewers by the year 1988.
c. A written discussion of the rationale of providing sewerage
service to outlying areas and guidelines regarding connection
of previously unsewered areas to the sewer system.
d. A written discussion of areas that will not be served by sewers
by the year 1988, including a description of the waste disposal
methods that are or will be employed in each unsewered area.
2. Population
a, Current estimates of existing population within that agency,
of existing population within sewered areas of that agency,
and of existing population within areas that will be sewered by
1988.
b. Current estimates of the percent of the population within areas
that are now sewered and will bc ;ewered by 1988, that are
connected to the sewer system.
c. Current estimates of the SCWPCC~ population for the years 1990
and 2000.
7.
3. Wastewater Flow and Quality Characteristics
a. Records of wastewater flows and influent and effluent
SS/BOD data for the Encina WPCF for the past two years.
b. Inventory of industrial dischargers, arid the wastewater
volume contributed by each source.
IN WITNESS WHERZaF, District and Engineer have caused this Arriendment to
the Basic Agreement to be executed the day and date first above written.
ATTEST:
~-
Approved by Resolution No.
on
VISTA SANITATION DISTRICT
APPROVED AS TO FORM:
BROWN AND CALDWELL,
a California corporation
Date
BY J. Lynn Hartford
Vice President
", ...
EXHIBIT "A"
C 0 MPEN SATION
A. Compensatio,n
Compensation for services provided under Article I. H and I. J.
accordance with the method described in this exhibit and the specif
shown on the attached schedule. The compensation shall be on the
basis.
1. Hourly Rate Basis
shall be in
c amounts
hourly rate
Compensation for each phase of the work or engineering service authorized
on an hourly rate basis shall be the sum of direct salary costs and direct non-
salary costs, as herein defined.
a. Direct Salary Cost
Direct salary cost shall be the total number of hours worked on
the job by each employee times an hourly billing rate for such employee's
labor category. The hourly billing rate for each employee category shall
be in accordapce with the attached rate schedule.
be revised annually for periods of October 1 through September 30 to
generally reflect relevant changes in engineering salary costs and
relevant changes in the U.S. Department of Commerce Consumer Price
Index.
Billing rates shall
b. Direct Nonsalary Cost
Direct nonsalary cost shall be actual costs and shall include
following :
Services directly applicable to the work such as computer rental
and programming costs, special consultants, borings , laboratory
charges, commercial printing and binding, and similar costs
that are not applicable to general overhead.
Identifiable reproduction costs applicable to the work such
as printing or drawings, photostating, multilithing, printing
and similar costs.
Identifiable communication expenses such as long distance
tclephonc, teleqraph, cable, express charges, and postage
other than for general correspondence.
Living and traveling expenses r;f employees when away from
home office on business cormected with work except for
automobile travel wh:c':i :~hLill ix billed at the rate of 20 cents
per mi1.e.
I I-
* * ,-- A- 2
(5) Subcontracted Services.
Compensation for any engineering service on an hourly rate basis
shall not exceed the price ceiling listed in the compensation schedule
for given service, or if none is shown, shall not exceed the price
ceiling agreed to at the time of authorization of the service, without
approval by the District's Project Officer. In the event the entire scope
of work provided for under an hourly rate engineering service is not
completed within the cost ceiling established for such service, Engineer
shall continue with all or any part of the wcrk for which an increased
cost ceiling is established, but not otherwise.
2.
It is estimated that the price ceiling given in Paragraph C of this Exhibit and
Limitation of Cost and Time
the time for completion given in the authorization will not be exceeded. The
Engineer agrees to use his best efforts to per€orm the work specified in Article I
within the estimated cost and time of completion. If, at any time, the Engineer has
reason to believe that the price ceiling will be greater or substantially less than the
then ceilings indicated in Paragraph C, the Engineer shall notify the District in
writing to that effect. The notification will state the revised price ceiling for
performance of the services and, if applicable, the revised time for completion.
Such notification will be, submitted to the District at the earliest possible date and
in no event later than 30 days prior to scheduled completion of the work.
The District shall not be obligated to reimburse the Engineer for costs incurred
in excess of the estimated price ceiling set forth in Paragraph C. The Engineer shall
not be obligated to continue performance under the agreement or otherwise incur
costs in excess of the estimated price ceiling set forth in Paragraph C, unless and
until the District shall have notified the Engineer in writing that such estimated
price ceiling has been increased and shall have specified in such notice a revised
esti,mated price ceiling which shall thereupon constitute the estimated price ceiling
for performance of this agreement.
If, after such notification, additional funds are not allotted by the end of
the period scheduled for completion, or an agreed date substituted therefor, the
District will, upon written request by the kgineer , terminate this agreement
pursuant to the provisions of the termination clause. The termination date shall be
the originally scheduled completion date or an agreed date substituted therefor.
If the Engineer, in the exercise of his reasonable judgment, estimates that the funds
available will allow him to continue to perform services covered in this agreement
for a period extending beyond such date, he shall specify the later date in his
request, and the District, at his discretion may terminate this agreement at that
later date.
.d . .'
B. Payment of Compensation
Charges determined on the basis of this exhibit shall be billed monthly to
the District and payment in full by the District shall be made within a reasonable
period of time.
each labor category and the total number of hours worked by employees in that
category, (2) the hourly billing rate and costs for each labor category, and (3)
each general category of other direct costs.
Monthly invoices shall contain the following information: (1)
C. Compensation Schedule
For each engineering service authorized under this Amendment, compensation
shall be in accordance with the applicable portions of this Exhibit and the following
schedule :
1. Article I. H.Preparation of Application+art 1
Basis of compensation: Hourly Rate
Price Ceiling $ 26,658
2. Article I.J.Analysis of Future Wastewater Flows and Loadings
Basis of compensation: Hourly Rate
Price Ceiling $ 14,592