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HomeMy WebLinkAbout1980-02-05; City Council; Resolution 60792 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 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 D ISPOSAL/RECLAMAT ION 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 consul tation 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 xxxx xxxx xxxx b Y ’*? i 2 7 4 : c r 1 E 5 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 5th day of February ing vote, to wit: , 1980, by the follow- AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None ABSENT: None Councilwoman Casler ATTEST: (SEAL) -2- 1 2 3 4 5 6 7 a 9 10 11 12 12 14 3-5 16 l'i 1. € 1s 2C 27 a; 2: 24 2E 2E 27 2E EXHIBIT 1 . AGREEEENT FOR- ENGENEERdNG SERVICES BETWEEN THE CITY OF CARLSBAD AND l.OM?Y & ASSOCIATES, CONSULTZNG CIVIL ENGINEERS, FOR CONSULTATION SERVICES L.EADI\iG TO THE OBTAJNTNG OF REGULATORY AUTHORIZATIONS TO CONSTRUCT AND OPERATE THE LAME CALAVERA HILLS WASTENATER DISPOSAL/ RECLAMATION FRO3 ECT THIS AGREEMENT, made and entered into the day of Y 1980, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as ''City", and LOWRY & ASSOCIATES, Consulting Civil Engineers, a Cal ifor-nia corporation, hereinafter referred to as "Engineer". WITNESSETH: WHEREAS, the City requires the services of an engt neering consul ti ng Ti rm to provide consultation regarding the processes and procedures leading to the obtaining of all regulatory authorizations necessary to construct and operate a wastewater disposal/recl amation 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 fol.lows: 1. Scope of Engineering Services. Engineer agrees to perform thcse services specified -in this Agreement and in Exhibit "A"', which is attacfied tc and by this reference made a part of this Agreement. 2. Compensation. I_ Compensation for the engineering services shall be in accordatxe with the procedures outlined in Exhibit "B" of this Agreement, which is attached to and by this reference madc a part of' this Agreement. 3. - Scope of City Staff Assistance. The City will make availabre to the The City staff's participa-. Engineer .its gwtinent records, data and reports. , 1 2 3 4 5 6 7 8 9 10 I1 12 1 3 14 35 16 17 3. E 19 2c 21 22 2z 24 22 26 27 2% tion is limited tg the involvernent of the Fuhiic Narks Administrator on an "as avai 1 ab1 e" basi s . 4. Responsibility of the Engineer. - Ihe Engineer .is employed herein to render a professional servic? only and any payments made to Engineer are COP- pensation solely for such services as Engineer may render and recommendations Engineer may make in the course 04 the project. The Engineer makes no warran- ty, either expressed or implied, as to Engineer's find-ings, recon"nd&tians, or professional advice, other than they were promulgated after following a practice usual to the engineering profession. 5. - Changes in Scope of Project. -- If conditions beyond the contrcl of the Engineer necessitate a change in scope of the project after engineering and management work under Paragraph No. 1 above has commenced, the gmrantecd maximum fee shall be adjusted as follows: (a) Increased or decreased in pro- portion to the net change in the agreed-upon estimate of the level of effort required; and (b) increased by the amount of charges for 5.n~ work accomplished to the date of change in scope which cannot be incorporated into the changed project . 6. Suspension of Services or Termination of Agreement. The City, for any reason, may, by written notice, postpone or suspend all or any part of the engineering services. authorized under this Agreemefit or, by written notfce, may terminate the entire Agreement. nation, Engineer shall have the right to expend additioml time to assemble the work in progress for the purpcse of properly closing the job. In the event of such suspension or terrni- Such addi- tional time shall not exceed ten percent of the total time expended on the portion of the project affected by such notice of suspension or termination before the receipt thereof. In the event that suspension of services exceeds twelve (12) months in duration, the Engineer may, by not less than thirty (30) days' notice, -2- 6, 3. 2 3 4 5 6 7 8 9 10 9-1 12 13 14 15 16 17 ZE 1s 2C 2': 2: 22 24 2E 2E 27 XE .terminate this Agreement as it applies to the suspended portisn of' the project. 7. Status of Engineer. The Engineer will perform the services pro- vided for herein in Engineer's own way as an independent contractor and -in pursuit of Engineer's independent call ing, and not as an employee of the,Ci ty, 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. The personnel assigned to the project by Engineer shall be as follows: Principal Consultant - Mr. Dennis O'teary, Senior Vice President, Any change in project personnel listed shall be subject to the prior approval of the Public Ciorks AdninSstrator 8. Conformity to Legal Requirements. The Engineer shall cause all recommendations to conform to a1 1 appl icabl e requirements of law: State and 'local, to all requirements of all bodies formed under Federal, State Federal or focal law whose approval must be obtaihed. 9. Oitrnership of Documents. Any planss studies, sketches, drawings QT specifications supplied, as herein required, are the property of the Cixy. the event this contract is terminated, any documents, plans, specifications and drawings shall be delivered forthwith to the City. In IO. - Hold Harmless Agreement. The C-ity, its agentsg officers and emp'lcy- ees shall not be liable for any claims, liabilities, penalties, fines or f3r any damage to goods, properties or effects of any person whatever, or for per- sonal injuries to or death of them, or any of them, caused by or resultirig from or claimed to have been caused by or resulting from any act or oni:ssicrn of Engineer, or its agents, employees or representatives. to indemnify and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and claim therefor, and any cast and expense that is incurred by the City on account of any claim therefor. Enyirteer further agrees 11. - Assignment of Contract. The Engineer shall not assign this ccntract -3- 5 6 7 8 9 10 19 22 13 14 35 16 17 3.8 3.9 20 29 22 23 24 25 : 26 ' 27 28 or any part thereof or* any inonies due or to becoae due tiweilnder without. the priot. wi tten ccnseht -of the Ci Ly. 12. Subccntracting. If the Engineer shall subcontract any of the work to be performed ufider this contract by Er,gineer, the Enginetci- shall be fully responsible to the City for the acts and omissions Gf its subcontractcr and of the perscns eitho? directly or indirectly employed by its subcontraztor, as it'is For th2 acts and omissions of persons directly employed by it. ing contained in this Agreenent shall crccte any contractual re1 ationship be- tween any subcontractor of Engineer and the City. every subcontractor and every subcontractor of a subcontractor by the teritis of this Agreement applfcable to its work unless specifically noted to the con- trary in the subcontract in question approved in writing by the City. Noth- The Efiginc2r shall bznd 13. Prohibited Interest. No official of the City who -is author-ized ii: such capacity and on behalf of the City to negotiate, make, accept or 2ppr551eS or to take part in negotiating, making, accepting or approving any architec- tural, engineering, inspection, construction or piaterial supply contract or any subcontract in connection with the construction of the project, shall become directiy or indirectly interested persclnal ly in this- contract GY' in any part thereof. of or for the City who is authorized in sxh capacity and on behalf of the C-ity to exercies any executive, supervisory or other similar functions in con- uiection with the performance of this contract shall become directly cr indi- rectly interested personally in th-is contract or any part thereof. No offjcer, employee, architect, attorney, engineer or Inspectoi 14 e -- Verbal Agreement or Conversation. No verbal agreement 01- comiersa- . tion with any officer, agent or employee of the City, either before, during, or after, the execution of this Agreement, shall affect or modify my of tne terms or obligat ons herein contained, nor such verbal agreement or cowerm- t.Ioi7 entitle the Engineer to ariy additional payment whatsoever under the tciriX -4- 3. 2 3 4 5 6 7 e 3 ZC 11 12 92 14 1: 16 17 I€ 1E 2c 21 2; 21 2f 2f 2t 2: 2E of this Agreement. 15. Sirccessors 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, executorss administrators, successors and assigns. 16. &plication of ASCE Manual No. 45. App’lfcable provisions of Ameri- can Society of Civil ERgineers Manuals and 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 AFPROVEO AS TO FORM: LOWRY & ASSOCIATES, CONSULTING CIVIL ENGINEERS --I- SENIOR VICE PRESIGENT -5- .. 3. 2 2, 4 5 6 7 8 9 10 11 12 13 14 I5 16 97 18 . a9 20 21 22 23 24 25 26 27 28 EXHrBIT ''A" . Consultation Services in Conjunction with Obtaining Regulatory ~ge~cy.Atrtho,izaLions to Construct and Op.ergte a Wastewater Ui sposai /Recl amation Faci I ty ----I- The Engineer, Mr. Dennis A. O'teary, shall provide consulting engineering services to the City of Carlsbad in two bsic areas: 1. outfall and its relation to regulation of the outfall through existing and future NPDES permits. A minor level of activity is expected in this area. 2. Planning for wastewater reclamation as part of the Lake Calavera Hills project, seeking appropriate modifications to the Regional kiter Quality Control Connection of the Lake Calavera Hills faci7ity directly to the Enciria ocean Board's Basir! Plan, and submitting an acceptable application for waste discharge requirements. This area is Expected to involve the greater mount of effort. The Engineer shall assist the City in identifying issues and determining courses of action relative to the abow, recsmwnd studies and data acquisition needed to apply for Basin Plan revision and water reclamation requirements, re- view and comqent upon submittals by the developer of the reclamation plant, assist and advise on the preparation of applications to be submitted to the Water Quality Control Board, meet with the staff of the Regional Water Qual'ty Control Board and other regulatory agencies as necessary, attend Regioml Water Quality Control Board hearings to asss'st in bzhalf of the City of Carlsbad. lt is anticipated that the foregoing effort will include a number of meetings with City persannel, developer's personnel and Planning Commission and/or City Counci 1. The technical stud9es and data gathering that will be necessary to conplete the applications to the Regional Water Quality Control Board shall be done by engineers and other consultants for the develsper. The Engineer's role would be to provide guidance l'n the formulation of study work plans and review of -6- : : 1 i t r i t i 1( 13 1; 12 31 1: 1E 17 1E ' 15 2c 21 2% 23 24 25 26 27 28 e those-work plans; review of the final products and assistance in preparing the final products for presentation to the Regional Water Qual ity Contrcl Beard. The Engineer's services to the City of Carlsbad shall not include prepara- tion of reports or other written mater-ial beyond rnemoranda and letters, which would comment on submittals to the City and would also provide the City with recommendations and reports on progress. Graphics, as may be functional in the processing of applications through Authorization for such regulatory agencies shall be provided by the Engineer. graphics shall be obtained, in advance, from the Public GJorks Administrator. For program and budget purposes, an estimate of tasks, person hours and costs is attached hereto as Attachment No. 1 and made a part hereof. -7- e ESTXNATE OF TASKS, PERSBN HOURS AiD COSTS CITY OF CARL SI;AD/LAICE CALAVERA H 1 LLS PRO3 ECT PERSON RATE JASK A RE'VISION OF 5ilSIN PLAN . --- HOURS --- A- 5 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 RtdQC5 workshop Attend RI4QCB works hop Reslponses to Rh'QCB inquiries Prepare for RWQCB pub1 i c hearing Attend RNQCB heari r?y Attend S\L'RCS heari t?g Subtotal Task A 8 10 3 4 1 2 4 2 4 4 8 - 50 $64.90 . - TASK B ESTABLISHMENT OF WATER RECLAMATION - REQUIREMEIu'TS .- . B-1 8-2 13- 3 B-4 B-5 e 8-6 B-7 6-8 Advise on initial studies Review initial studies and advise Submit request to RWQCB staff ket with cl jent ket with R!iQCB staff Revie?! submittal Review addi tfona! submittal Prepwe for RNQCS hcari ng Attend hearing (nay be same as A-8) Provide cpidance on and review acyeemcnts between C-ity of Carlsbad s( LCH Associates Review plans fcr spxifications for water reclamation facilities; review & coment on compliance & certification reports TOTAL . .. $ 3,245 12 12 16 Subtotal Task B - 62 $64.90 9; 4,024 TASK .C CONTINGENCIES - An a1 lowance for unanticipated meetings, other contingencies and graphics ._ C-1 Contingencies . 38 $64.90 $ 2,466 765 C-2 Graphics LS Lump Sum --I Subiota1 Task C '$ 3,231 -8- 1. c 1 2 3 4 5 6 7 8 9 10 11 3.2 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 EXli I B 1 T "B '' COWENSATIOK MAX I MUM COMPENSATION Total fees for all engineering services; as described in Exhib.it "&" of this Agreement, shall not exceed the sum of Ten Thousand Five Hundrea Dollars ($10,500.00) and shall include all direct and indir-ect costs including labor? fringe benefits, overhead, expense and profits. 1 PAYMENT OF FEES Charges determined shall be on a time and materials basis at rates as outlined in the standard schedule of compensation dated January 1, 1980 attached hereto and made a part hereof. Charges shall be billed monthly to the City and payments by the City shaii be made withSn a reasonable period of time.' " 9- STANDARD SCHEDULE OF COMPENSATION APPLICAGLE FOR SERVICES FURNISHED 014 PER FOUR BASIS PER HOUR -- CI-ASSIFICATLON - SENIOR PRINCIPAL ENGINEER .................................... $64.90 PRINCIPAL ENGINEER, CONSTRUCTION & CONTRACT MANAGER .......... 55.00 SENIOR ENGINEER, SENIOR PLANNER, SENIOR SCIENTIST ............ 48.50 SENI'CR ASSESSMENT ENGINEER, ASSISTANT CONSTRUCTION MGR.. ...... PROJECT ENGIMEER, RESIDENT ENGINEER, PLANNER 44.00 37.50 ................. ASSOCIATE ENGINEER, PLANNER .................................. 31.50 ASSISTANT ENGINEER ............................................ 28.60 ENGINEERIF!G TECHNICIAN ....................................... 21 .OO 1'- SENIOR DRAFTSM~N . DESIGNER DRAFTSMAN ......................... 28.60 DRAFTSMAN ..................................................... 25.75 COMPUTER PROGRAMMER ........................................... 35.50 COMPUTER ANALYST.. ............................................ 24.30 CHIEF CONSTRUCTION INSPECTOR ................................. 30.60 CO?jSTRUCTlON INSPECTOR ....................................... 27.00 TECHNICAL REPORT PREPARATION ................................... 16.50 COMPUTER TIME, REPRODUCTION AND OTHER APPROVED OUTSIDE SERVICES ...................PLUS 10% BILLED AT ACTUAL COST IKCXDENTAL EXPENSES ..........................ABOVE FEES INCLUDE IN INCIDENTAL COSTS FOR LOCAL TRANSPORTATION .. TELEPHONE COSTS, ET',. . TRAVEL COSTS ................................AIR) BUS AND TAXI, LODGING AND OTHER RELATED TRAVEL COSTS BILLED AT ACTUAL COST MINIMUM DAILY CHARGE FOR COURT TESTIi40IdY AS AN EXPERT NITNESS IS $715.00. PREPARATION FOR A COURT CASE WILL BE CHARGED AT P.EGULAR HOURLY RATES.