Loading...
HomeMy WebLinkAbout1979-06-05; City Council; Resolution 5800-. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 19 2c 21 22 22 24 25 26 27 2E rc, RESOLUTION NO. 5800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BE- TWEEN THE CITY OF CARLSBAD AND LOWRY AND ASSOCI- ATES, CONSULTING CIVIL ENGINEERS, FOR A MASTER PLAN STUDY FOR SATELLITE SEWAGE TREATMENT AND RECLAMATION FACILITIES IN CARLSBAD The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Lowry and Associates, Consulting Civil Engineers, for a master plan study for satellite sewage treatment and reclamation facili- ties in Carlsbad, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference, is hereby ap- proved. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 5th day of June , 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: NONE Councilwoman Casler ABSENT: NONE ATTEST : RONALD C. PACKARD, MAYOR (SEAL) ////// .. '5 ..% , 0 . AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF CARLSBAD AND ENGINEERS, FOR A MASTER PLAN STUDY FOR SATELLITE SEWAGE TREATMENT AND RECLAMATION FACILITIES IN CARLSBAD LOI~Y ASSOCIATES, CONSULTING crvn 4 .. THIS AGREEMENT made and entered into this 5th day of June , 1979, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City," and LOWRY 6 ASSOCIATES, CONSULTING CIVIL ENGINEERS, a Cali- fornia corporation, hereinafter referred to as "Engineer," WITNESSETH: WHEREAS, the City of Carlsbad is under a sewer moratorium due to a lack of treatment capacity in the Encina Water Pollution Control Facility. The City Council has been investigating various ways to acquire additional sewage' treatment capacity. One of the,methods under consideration is the use of satellite treatment plants to af- low for the reclamation and reuse of wastewater. The City has com- missioned a Project Report and Environmental Impact Report on a satellite plant proposed for the Lake Calavera Hills Drainage Basin; and WHEREAS, before giving further consideration to satellite treatment plants, thre City Council has determined that a master plan for wastewater reclamation in the City of Carlsbad (hereinafter re- ferred to as "Plan") is required and the City has also determined ghat it must engage the services of a qualified consultant to pre- pare the Plan; and 'WHEREAS, the firm of Lowry & Associates, Consulting Civil En- gineers, has submitted a proposal in lqriting to perform the required services; and .. . _. . . ".*A .. ~ .. . . . . ... . . .. .. . '. 0 WHEREAS, it is desirable that the City retain the services of .. Loisry 6 Associates, Consulting Civil Engineers, as conszllting en- gineers to perform the services in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, the parties hereunto agree as fol3.ows: 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. Engineer further agrees to submit a complete draft document to the City, for review, within sixty (60) days of the date of notice to proceed. 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 avail- able to the Engineer its pertinent records, data and reports. City staff's participation is limited to the involvement of the The Public Works Administrator on an "as available" basis. 4. Responsibility of the Engineer. The Engineer is employed herein to render a professional service only and any payments made to Engineer are compensation solely for such services as Engineer may render and recommendations Engineer may make in the coGrse of the project. implied, as to Engineer's findings, recommendations, or professional advice, other than they were promulgated after following a practice usual to the engineering profession. The Engineer makes no warranty, either expressed or. 5. Changes in Scope of Project. If conditions beyond the control of the Engineer necessitate a change in scope of the project -2- - ... ^. . -. .- .. -...> \- ..... . . _-__ . . . , . . ,., after engineering and management work under Paragraph No. 1 above has commenced, the guaranteed maximum fee shall be adjusted as fol- lows: (a) Increased or decreased in proportion to the net change in the agreed-upon estimate of the level of effort required; and (b) increased by the amount of charges for any work accomplished to the date of change in scope which cannot be incorporated into the changed pro j ect . 6. Suspension of Services or Termination o'f Agreement. The City, for any reason, may, by written notice, postpone or suspend all or any part of the engineering services authorized under this Agreement or, by written notice, may terminate the entire Agreemefit, In the event of such suspension or termination, Engineer shall have the right to expend additional time to-assemble the work in progress for the purpose of properly closing the job. shall not exceed ten percent of the total time expended OR the por- tion of the project affected by such notice of suspension or termina- tion before the receipt thereof. Such additional time In the event that suspension of services exceeds twelve (12) months in dursrtion, the Engineer may, by not less than thirty days' notice, terminate this Agreement as it applies to the suspended por- tion of the project. 7. Status of Engineer. The Engineer will perform the ser- vices provided for herein in its own way as an independent'contract- or and in the pursuit of Engineer's independent calling, and not as an employee of the City, and Engineer shall be under the control of the City only as to the result to be accomplished, and the personnel assigned to the project. Engineer shall be as follows: Study Director - Mr. Dennis O'Leary, Sr. Vice President; Study bIanager/Engineer - Mr. William Fannon. The personnel assigned to the project by - 3- e Any change in project personnel listed shall be subject to the prior approval of the Public Works Administrator. 8. Conformity to Legal Requirements. The Engineer shall * cause all recommendations to conform to all. applicable requireinents of law: Federal, State and local, to all requirements of all bodies formed under Federal, State or local law whose zpproval must be ob- tained. 9. Ownership of Documents. Any plans, studies, sketches, t I drawings or specifications supplied, as herein required, are the property of the City. In the event this contract is terminated, t any documents, plans, specifications and drawings shall be deliv- - ered forthwith to the City. i 10. Hold Harmless Agreement. The City, its agents, officers and emplcyees shall not be liable for any claims, liabilities, pen- i I I alties, fines or far any damage to goods, properties or effects -. of i i i any person whatever, or €or personal injuries to or death of them, or any of them, caused by or resulting from or claimed to have been caused by or resulting from any act: or omission of Engineer, or its agents, employees or representatives, Engineer further agrees t 1 to indemnify and save Eree and harmless the City and its authorized agents, officers and employees against any of the foregoing liabili- ties and claims therefor, and any cost and expense that is incurred by the City on account of any 'claim therefor. 11, Assignment of Contract. The Engineer 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.. 12. Subcontracting. If the Engineer shall subcontract any of the work to be performed under this contract by Engineer, the -4' 0 . Engineer shall be fully responsible to ,@City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts .. and omissions of persons directly employed by it. Xothing con- tained in this Agreement shall create any contractuzl relationship between any subcontractor of Engineer and the City. The' Engineer shall bind every subcontractor and every subcontractor of' a subcon- tractor by the terms of this Agreement applicable tu its work un- less specifically noted to the contrary in the subcontract in ques- tion approved in writing by the City. 13. Prohibite'd Interest. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural engineering, inspection, construction or material supply contract or any subcontract in con- nection with the construction of the project, shall become directly - or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar functions in connection with the performance 'of this con- tract shall become directly or indirectly interes'ted personally in . this contract or any part thereof. 14. 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 Agreement, shall af- fect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Engineer to any additional payment whatsoever under the terms of this Agreement. -5- 15. Successors or Assigns. Subject to the provisions of ,r Paragraph No. 11 above, ail terns, conditions and provisions here- of shall inure to and'shall bind each of the parties hereto, and each of tbeir respective heirs, executors, administrators, suc- cessors and assigns. 16. Application of ASCE Manual No. 45. Applicable provisions of American Society of Civil Engineers Manuals and Reports on Em- gineering Practice No. 45 shall apply to zll 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 -. APPROVED AS TO FORM: LOWRY ASSOCIATES, CONSULTING CIVIL ENGINEERS BY SENIOR VICE PRESIDENT CITY ATTORNEY . 0 EXHIBIT "A" .. , ., .. DEVELOPMENT OF A MASTER PLAN STUDY FOR SATELLITE SEXAGE TREATXZNT FACILITIES IN CARLSBAD SCOPE OF WORK Study Area The area to be covered by the study will include the en- tire City oE Carlsbad and its sphere of influence iLrea, with the exceptio; of both those areas encompassed in the study; Environ mental Impact and Facilities Plan for a Satellite Sewage Treat- ment Facility (James M. Montgomery, Consulting Engineers, Inc., December, 1978) and lands served by special sewerage districts. A plan now exists for the former area and,is understood that special sewerage districts will develop their own wastewater reclamation plans. The study area will be broken down into subareas based up- on the conEiguration of the City of Carlsbad interceptor and trunk sewer systems. The subareas may be designated as follows: Buena Vista Agua Hedionda Coastal - Coast , .c Upper Canyon de las Encinas Batiquitos Objective The satellite wastewater reclamation program addresses the provision of sewage treatment facilities that maximize po- tential for wastewater reclamation. Objective of the study will be to develop a master plan for efficient, non-odorous, economical reclamation of domestic sew- age within the study area and for beneficial use of the result- ing reclaimed water supply, The study will compare short-term and long-term benefits of a "satellite" wastewater reclamation system with short-term and long-term benefits oE a central wastewater reclamation €acility at the regional sewage treatment plant site, toward irrigation of crops, landscaping and the like, but other opportunities for use, such as industrial supply, and graund- water recharge with reclaimed water will also be investigated. Use of reclaimed water will be primarily directed Previous Studies Reference will be made to and guidance- obtained from pre- vious studies having to do with wastewater reclamation in the Carlsbad area. These reports include: 0 ., . I Overview o,f Wastewater Reclamation Opportunities in the City of Carlsbad (Lowry 4 Associates, March, 1975) Water Quality Problem Management Responsibilities, Part I1 'Wastewater Reclamation and Reuse (CPO, April, 1 1378) Technical Approach The technical approach to the study will be as follows: (a) A preliminary review and screening of projects and alternative sites for projects in the "Overview" report re- ferred to above will be made. Comparisons of cost/time effi- ciency and environmental effects will be included. Written recommendations will be made to City staff for selection of projects to be included in this study. Upon approval of staff, the study will proceed. (b) Analytical and flow data will be obtained from agency records or by sampling and analysis performed by the agency and estimates of flow based upon unit contributions and popu- lation data. Projections of future sewage flow in the study area will be based upon population data from the City of Carlsbad. Sewage flow projections will be for the purpose of determining the sufficiency of sewage supply for production of reclaimed water at each location studied. Therefore, these projections will not be sewage flow projections for the total City of Carlsbad. (c) Present and projected land use plans, land use data and demographic data for the study area will be obtained from the City of Carlsbad, as well as information relating to ef- fects on the General Plan of changes in land use that may be brought about by wastewater reclamation programs. (a) Volumes and quality of reclaimed water available now and in the future at the project locations will be estimated and projected from the above data. Quality projections will take water supply quality into account. (e) Opportunities €or use of relcaimed water commensurate with quantity and quality of available reclaimed water will be sought. In general, it is expected that irrigation will pro- vide the greatest market for reclaimed water.. While irrigation is expected to create sufficient demand to use the total pro- jected reclaimed water supply, consideration will be given to the permanency of this reuse of water. Other beneficial uses of reclaimed water, such as industrial supply, will also be considered. Water quality requirements intrinsic to each bene- ficial use of reclaimed water contemplated will be determined and considered. Areas in which beneficial uses of reclaimed water will take place will be mapped. Effects of use of re- claimed water by potential users would be obtained at this stage, r - 2- (f) Anticipated water quality and requirements for use of reclaimed water for ea.ch use and location would then be estab- lished. The fGllowing will be taken into account: .. requirements intrinsic to the use, as discussed in (e) absve surface and groundwater quality in the area of use water quality objectives of the Regional Water Quality Control Board Title 22 standards and requirements of the State Depart- ment of Hezilth Services. In carrying out this task, meetings will be held with the staff of the Regional Board and the State and County Health Depart- ments, so that the anticipated requirements developed may more realistically reflect the future regulatory actions. of those agencies. the standards of engineering practice and the plans of Carlsbad for: Wastewater reclamation plant sitin water reclamation plant elevation, design, pumping, installa- tions, transmission lines, storage facilities and fail-safe op- eration. (g) Criteria will be developed from the above requirements, ’ (h) Wastewater reclamation plant sites will be evaluated .* and selected on the basis of: - the foregoing criteria - environmental effects such as odor potential and aes- thetics - efficiency in use of reclaimed water - economics - availability - availability of sewage - proximity to use areas and - proximity to potential storage areas. Alternative treatment processes will be evaluated for installa- tion at each site and a specific methodology will be recommended on the basis of the aforementioned criteria and requirements, odor control, site size and cost of production of reclaimed wa- ter. Also to be analyzed fur each site are storage, distribu- tion and fail-safe alternatives, and selection made on the basis of the foregoing criteria, environmental impacts, reliability and costs. (i) In evaluating wastewater treatmefit and methodologies in general and in each particular site, the study shall take -3- -- into account the opportunities and advantages of centralized sewage solids (sludge) processing, reclamation and disposal, as developed in the regional sewage solids handling study to be conducted by the Encina Joint Powers. (j) Maps, schematics, plot plans and other drawings will be prepared as appropriate to the explanation. of all alterna- tives considered. . (k) A final estimate of construction costs and operations and maintenance costs for each recommended alternative will be prepared. (1) Specific wastewater reclamation projects will be recommended to suit the potential markets, depending upon monetary costs and environmental and social factors. It is anticipated that an EIR study of potential wastewater reclama- tion projects will be in progress concurrently with this study. There shall be close coordination between Lowry and the con- tractor selected to perform the EIR study, so that a continuous exchange of information will be taking place. Lowry shall take into account and give due consideration to input from the EIR study in formulatlng its recommendations, as described above. Lowry shall cooperate with the EIR contractor in development of a combined schedule of events for coordinated conduct of the study. The schedule shall be submitted to the City for review and approval prior to initiation of both studies. .r - Report A report of the above study presenting a master plan for wastewater reclamation within the study area will be prepared, consisting oE text, tables, other presentation of data, maps, schematics, plot plans and diagrams, in sufficient detail to set forth the analytical and planning procedure and recommen- dations clearly, concisely and completely. Fifty (50) copies of the report will be submitted. -4- 0 e DEVELOPMENT OF A MASTER PLAN STUDY FOR SATELL 1 TE SEKAGE TREATMENT FACILITIES IN CARLSBAD TENTATIVE REPORT OUTLINE I. INTRODUCTION A. Purpose o€ Report 3. Authorization rI. HISTORY OF SATELLITE CONCEPT A. Present Status 111. BACKGROUND IXFORMATION A. Statement of Intent 3. Population C. Land Use D. Agricultural Practices E. Irrigation Requirements IV, SATELLITE CONCEPTS A. Reclamation and Reuse is Primary Objective 3. Fail-safe Outlet C. Storage Facilities D. Contracts with Irrigators E. Charges and Costs F. Review Alternate Approaches G. Treatment Method V. REVIEW PLANT LOCATIONS A. From Overview Report 3. C. De-ferred Plants D. New Sites Other Agency Plants Not Considered Here VI. COASTAL AREA PLANT(S) A. Service Area B. Site C. Size and Layout D. General Discussion of Alternatives 1. Reuse 2. Treatment, Distribution, Fail-safe and Storage 3. Disposal 4. Consolidation 5. Costs E. Recommended Reuse and Disposal System F. Permits and Agreements 1. Coastal Commission 2. City (Zoning, General Plan, etc-) 3. RrVQCB 4. Leucadia 5. JAC 6. EPA (maybe) .. . G. Financing 1. By Developer at Reimbursement 2. Other Nethods VII. INLAND AREA PLANT(S) A. Service Area 1, Direct from Carlsbad 2, From Other Agencies 1. Depends on Service Area 2. Reuse Considerations 3. Treatment, Distribution, Fail-safe and 4, Consolidation B. Alternate Locations * 5. Costs C. Recommendation Location and Size D. Recommended Reuse and Disposal System E, Permits and Agreements 1. City (Zoning, etc.) 2. RWQCB 3. SAC 4. EPA (maybe) 5. Upstream Agencies F. Financing Storage VIfI. RECOIWEIENDED PROGRAbI A. Process Lake Calavera Hills 3. Approve Batiquitos Proposal if Acceptabe C. Consider Specific Proposals for Palomar Airport IX, SPECIFIC ACTIONS A. Accept this Report B. Authorize EIR C. Announce Interest in Specific Proposals D. Inform Interested and Affected Agencies 0 0 EXHI 3 IT " B " SATELLITE NASTER PLAN ' COMPENSATION - MAXIMUM COMPENSATION Exhibit "A" of this Agreement, shall not exceed the sum of Twenty Five Thousand Dollars ($ZS,OOO.OO> and shall include all direct and indirect costs including labor, fringe bene- fits, overheadp expense and profits. Total fees €or all engineering services, as described in PAYMENT OF FEES at rates as outlined in the standard schedule of compensation dated -~~~gs~~y a , 1971% attached hereto and made a part hereof, Charges shall be billed monthly to the City and payments by the City shall be made within a reasonable period of time. Brief monthly project progress reports shall be submitted with the invoices and shall. include a summary of activities related to progress of the project for the invoiced period. The final 10% billing shall not be invoiced until the report is accepted Charges determined shall be on a time and materials basis .. . by the City Council. CONSIJL'TIMG CWfL ENGINEERS - Senior'Draftsman -_ - - . ; - - . . . . - - 1 , - . -* 26-00 Sertior Construction Inspector (. . - - . . . _- - I - - . 24-00 Construction Tnspector, . - - . . - - . - - . . - e 21.00 Draftsman - - - - . . - . - : . . - . - . - - . , 21.00 Computer Operator . . - - - . . . . - , - - . . _. 21.00 Engineering Technician. - - . . - - . .) - . . - - 14-00 Technical Report Preparation, * . (. a . . . . - - .. . 14.00 Computer iime, Reproduction and- Sther kpproved Outside Services . - . . - : * - - - Cost Plus 10% E t Bill ed ax Actual Incidental Expenses - - . I - . . - - .) - . i i - - Above Fees Include Tn- cidental Costs for Local Transportation, Tef e-. phone Costs, etc, and other Re1 ated Travel Costs Billed at Actual Cast .Travel Costs. - - . - - .. . - - - . - - - - Air, Bus and Taxi, Lodging Ejnirnm daily charge for court testirony as an expert witness is 56S,20, Preparation ~QI- a court case will be charged at regular hourly rates,