HomeMy WebLinkAbout08 INTERIM WTR MGMT 02-22-00 NO. 8
-~" ~ ~-~ ~ 02-22-00
DATE: FEBRUARY 22, 2000 ~Y
TO:
FROM'
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: CONSULTANT SERVICES AGREEMENT TO PROVIDE INTERIM WATER
DIVISION MANAGEMENT
~ SUMMARY
The Consultant Services Agreement will provide management of the Water Division on an interim
basis while the selection process for a new Water Division Manager is determined.
RECOMMENDATION
It is recommended that the City Council approve the Consultant Services Agreement with ASL
Consulting Engineers, a subsidiary of Tetra Tech, Inc., to provide an interim Water Division
Manager for the Water Division at an hourly rate of $100 an hour (not to exceed 100 hours a
month), and authorize execution of the Consultant Services Agreement by the Mayor and City
Clerk, subject to approval by the City Attorney.
FISCAL IMPACT
Adequate funds are available in the FY 99-00 Water Division Operating Budget through
existing and future salary savings. It is anticipated that the. interim manager will work
approximately 24 hours per week for the first ninety days of the contract with the schedule
being evaluated and adjusted as needed after that.
DISCUSSION
With the retirement of the Water Services Division Manager, a need exists within the Water
Division for management oversight relating to daily management of the Division, strategic
planning and budgeting, capital projection management, human resources issues and inter-
agency coordination. A search was conducted for a professional engineer with a water
management background, and Orange County Water Agency experience that could meet the
City's timing, budgetary, and insurance requirements. ASL Consulting Engineering in
association with Raymond C. Miller Consulting Engineering of San Juan Capistrano are able
to provide the services of Mr. Joe Sovella to the City on a part-time basis. Mr. Sovella is a
Registered Professional Engineer and served as General Manager of the Laguna Beach
County Water District from 1986-2000. Mr. Sovella is available to start immediately and will
work approximately 24 hours per week not to exceed 100 hours per month. It is anticipated
that the contract duration will be from 6-12 months. Mr. Sovella's immediate priorities along
Consultant Services Agreement to Provide Interim Water Division Management
February 22, 2000
Page 2
with keeping abreast of regional water issues will be preparation of FY 00-01 Operating and
Capital Budgets, construction of the Main Street Reservoir, and implementation of the Water
Division move to Field Services. Mr. Sovella's resume is attached for your review.
Director of Pubti~ Works/City Engineer
TDS:ccg:CSA interim Water Div. Mgr.
Attachment
JOSEPH A. SOVELLA .E.
REGISTRATION: License #C28590 Professional Engineer, State of California
AWWA Water Distribution Operator/Certificate
SUMMARY OF QUALIFICATIONS
· Proven Manager in charge of all operations of a water district.
· People orientated manager that believes in team involvement.
· Experienced in intergovernmental relations and negotiation.
· Provides support for department heads on personnel matters.
· Track record of seeing major projects through from beginning to end.
· Possessed close working relationship with the Board of Directors of various agencies for over 20
years.
· Established extremely good relationship with the press.
· Knowledgeable in local, regional and state water issues.
· Communicates and uses interpersonal skills to create exceptional rapport with customers,
employees, peers, and executive management.
· Consistently recognized through award and commendations for superior performance, work ethic,
integrity, and dedication.
RELEVANT EXPERIENCE
2000/Present RAYMOND C. MILLER, P.E. CONSULTING ENGINEERS, San Juan Capistrano, Ca
Managing Engineer
· Since retiring from Laguna Beach County Water District, Mr. S0vella has been associated with
Raymond C. Miller, P.E. Consulting Engineers providing contract management services.
198612000
LAGUNA BEACH COUNTY WATER DISTRICT, Laguna Beach, California
General Manager
· Responsible for all functions of the water district including implementation and administration of
staff development, capital improvements, budgeting and long term forecasting. In charge of
personnel management and coordination. Responsible to the Board of Directors for providing long
term planning and policy development of the business, engineering administration, and field
departments.
· Represented the District's interest in an extremely sensitive environmental community requiring a
high level of cooperation with special interest groups, the public, other agencies, contractors and
consultants.
· Involved in dealing with California water and legal issues.
· Initiated district's first employee evaluations and drafted first employees handbook and safety and
wellness program.
197911986
LAGUNA BEACH COUNTY WATER DISTRICT, Laguna Beach, California
District Engineer
· Chief Engineer in charge of engineering and field maintenance departments.
· Responsible for the development of capital programs and budgets, interdepartmental coordination,
and staffing recommendations.
· Drafted easements and agreements with private and governmental parties.
· In charge of design and construction management.
JOSEPH A. SOVELLA, P. E., ,.,age
1978/1979
LAGUNA BEACH COUNTY WATER DISTRICT, Laguna Beach, California
Assistant District Engineer
· Responsible directly to District Engineer for design of capital projects and management of
engineering staff. In charge of developing preliminary budget.
1972/1977
AGRO WATER ENGINEERING COMPANY, LTD., Tehran, Iran
Chief Engineer
· In charge of design and construction management of water resources development including
wells, pumping plants, transmission facilities and dams.
· Consulted to top levels of government including the royal family.
1972
COUNTY OF SAN DIEGO, San Diego, California
Junior Civil Engineer
Grading Inspector
1971
CITY OF SAN BERNARDINO, San Bernardino, California
Junior Civil Engineer
Economic analysis of engineering projects
1968/1969
CALIFORNIA STATE DIVISION OF HIGHWAYS, Los Angeles, California
Engineering Aide II
Advance planning
FORMAL EDUCATION
CAL POLY, Pomona, California
Bachelor of Arts Degree in Civil Engineering
CONTINUING EDUCATION
University of Maryland 1976 - Statistics
Cai State Long Beach 1979 - Negotiating Dynamics
USC 1979 - Utility Management
AMA 1985 - Management Course
UCI 1981 - Department Health Services
Training Certificate California Water Works
Standard and Organic
PROFESSIONAL ORGANIZATIONS
AWWA - American Water Works Association
ASCE - American Society of Civil Engineering
OCWA - Orange County Water Association
ACWA- Association of California WaterAgencies
SCWC - SoUthern California Water Committee
CWRA - California Water Resources Association
CRWUA - Colorado River Water Users Association
JOSEPH A. SOVELLA, P.E., je 3
OTHER MEMBERSHIPS
Toastmasters
Exchange Club since 1982 (Past President)
Orange County Engineers Club (Past President)
La Quinta Arts Foundation
Festival of Arts Foundation, Laguna Beach, California
ACTIVITIES
Member AVVVVA Materials and Performance Committee- 10 years
Member AVWVA Energy Committee- 10 Years (Co-Chairman)
Art Institute of Southern California- Stone Sculpture (Teacher)
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES. is made and entered imo this
22"d day of February. 2000. by and between the CITY OF TUSTIN. a municipal corporation.
hereinafter referred to as"City", and ASL Consulting Engineers. a California corporation, a
subsidiary of Tetra Tech. Inc.. hereinafter referred to as "Consultant".
RECITALS
WHEREAS. City requires the services of a consultant to furnish the necessary
engineering services for Interim Mana~oement. Water Division. hereinafter refen'ed to as
"Project"; and
WHEREAS. Consultant has submitted to City a proposal dated January 13. 2000 a copy'
of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this
Agreement; and
WHEREAS, Consultant is qualified to provide the necessary services for the Project and
desires to provide said services; and
WHEREAS, City desires to retain the services of Consultant for said Project.
NOW, THEREFORE, for the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as follows:
AGREEMENT
Section 1: Scope of Consultant's Services.
Consultant shall perform all work necessary to complete in a manner satisfactory to City
the services set forth in Exhibit A.
Section 2: Order of Precedence.
In the event of a conflict between or among any of the documents comprising this
Agreement, the following order to precedence shall govern the provision in question, except as
otherwise agreed in writing by the parties.
1. This Agreement
2. Consultant's Proposal (Exhibit "A")
Section 3: Time for Completion.
The time for completion of the work to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to reasonable schedules.established by the City for various items described
and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in
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the progress of its xvork caused by an3, condition beyond its control and without the fault or
negligence of Consultant. Delays shall not entitle Consultant to any additional compensation
regardless of the part3' responsible for the delay.
Section 4' Compensation.
mo
The compensation to be paid under this Agreement shall be as set forth in Exhibit "A".
not to exceed a total cost of $100 per hour. 24 hours per week for the first ninety days.
renewable at the option of the City. Consultant stands ready to initiate work upon receipt
of Notice to Proceed from the City.
Bo
Consultant shall submit detailed invoices, based upon the actual work performed
accompanied by backup documentation as requested by the City.
C.
Progress payments for work completed shall be paid by City as the work progresses.
within thirty (30) days of the date of Consultant' s invoice.
D.
Consultant shall provide City with a monthly itemization of all work performed, and the
fees accrued thereon, in complete and sufficient detail to fully apprise City thereof.
Section 5: Independent Contractor.
Consultant's relationship to City in the performance of this Agreement is that of an
independent contractor. Consultant's personnel performing services under this Agreement shall
at all times be under Consultant's exclusive direction and control and shall be employees of
Consultant and not employees of City. Consultant shall pay all wages, salaries and other
amounts due its employees in connection with this Agreement and shall be responsible for all
reports and obligations respecting them, such as social security, income tax withholding,
unemployment compensation, workers' compensation and similar matters. Prior to performing
services hereunder Consultant's personnel performing services under this agreement shall
execute the Release and Acknowledgement attached hereto as Exhibit B and incorporated herein
by this reference.
Section 6' Indemnification.
Consultant agrees to indemnify, defend and hold City, its officers, agents, employees,
successors' and assigns harmless from any loss, damage, injury, sickness, death, or other claim
made by any person and from all costs, expenses and charges including attorney' s fees caused by
or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent
acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law
imposes strict liability on Consultant in the performance or failure to perform this Agreement, or
conduct constituting harassment in violation of City policy.
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Section 7: Insurance.
m.
Consultant shall maintain in full force and effect during the term of this Agreement
policies of comprehensive general liability, personal injury and automobile liability
insurance with limits of at least $1.000,000 combined single limit coverage per
occulTence.
g.
Consultant shall maintain in full force and effect during the term of this Agreement a
policy of professional liability insurance coverage with limits of at least $1.000.000
combined single limit coverage per claim or per occurrence. If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing either
(1) to purchase tail insurance in the amount required by this Agreement or to cover
claims made within five (5) years of the completion of Consultant's service under this
Agreement. or (2) to maintain professional liability insurance coverage with the same
carrier in the amount required by this Agreement for at least five (5) years after
completion of Consultant's services under this Agreement. Consultant shall also provide
evidence to the City of the purchase of the required tail insurance or continuation of the
professional liability policy by executing the attached Letter Agreement on Consultant's
letterhead.
C.
Consultant shall carry and pay for such compensation insurance as is necessary to fully
protect Consultant and its employees under California Worker's Compensation Insurance
and Safety Laws, and shall relieve the City from all responsibility Under said laws in
connection with the performance of this Agreement.
D.
All insurance required pursuant to this Section shall be issued by a company admitted in
the State of California and rated A, VII or better by the latest edition of Best's Key
Rating Guide.
E.
Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance on the City's form evidencing the required insurance. If self-insured for
worker's compensation, Consultant shall submit to City a copy of its certification of self-
insurance issued by the Department of Industrial Relations.
Section 8: Termination of Agreement.
Ao
City shall have the right to terminate any or all of the services covered by this Agreement
at any time for any reason by giving written notice to Consultant.
g.
Upon termination of this Agreement, Consultant shall be paid for services rendered by
the effective date of the termination.
C.
Upon termination of this Agreement or completion of the Project, all documents relating
to the Project shall become the sole property of City. Should City terminate this
Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10)
business days of receipt of notice of termination, provide City with all documents within
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Consultant's possession relating to this Agreement and the Project. including but not
limited to all completed documents and all drafts of uncompleted documents.
Section 9: Notices
An)' notice allowed or required to be given shall be effective upon personal deliver),
thereof, or upon depositing thereof in the United States Postal Service, certified mail. return
receipt requested, postage prepaid, addressed as follows:
To City:
City of Tustin
Attn.: Director of Public Works/City Engineer
300 Centennial Way
Tustin. CA 92780
To Consultant:
ASL Consulting Engineers
16241 Laguna Canyon Road. Suite 200
Irvine, CA 92618
Section 10: Miscellaneous Provisions.
mo
Consultant shall proceed immediately and diligently to perform the services provided for
in this Agreement upon receipt of notice from City to proceed therewith.
g.
No part of this Agreement may be assigned by Consultant without the prior written
approval of City.
Co
This Agreement shall extend to and be binding upon and inure to the benefit of heirs,
executors, administrators, successors and assigns of the respective parties hereto.
D.
Consultant shall perform all services required under this Agreement using that degree of
care and skill ordinarily exercised under similar conditions in similar localities, and shall
be responsible for all errors and omissions for services performed by Consultant under
the terms of this Agreement.
Eo
Consultant certifies that there shall be no discrimination against any employee who is
employed in the work covered by this Agreement, or against any application for such
employment, because of race, religion, color, sex or national origin including but not
limited to, the following: employment, upgrading, demotion or transfer, recruitment, or
recruitment advertising, lay-off or termination, rate of pay or other forms of
compensation, and selection for training, including apprenticeship.
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IN WITNESS WHEREOF. this Agreement was executed by the parties on the da>,' and
year first above written.
"CITY"
CITY OF TUSTIN
By
Tracy Wills Worlev. Mayor
ATTEST:
Pamela Stoker. City Clerk
APPROVED AS TO FOPdvi'
Lois E. Jeffrey, City Attorney
"CONSULTANT"
ASL Consulting Engineers
-5-
ASL Co su!fing Enginee
949 '72~'-7999
~ax 949
WWW. aStC~.COR~
February 14. 2000
City of Tustin
300 Centennial Vt:ay
Tustin. CA 92780
Attention: Tim D. Serlet. Director of Public Works/City Engineer
Subject: Proposal for On-Site Management of the Water Division
Dear Mr. Serlet:
ASL Consulting Engineers has executed the Consultant Services Agreement for the above
referenced project. In lieu of providing occurrence based professional liability insurance
coverage as required by the Agreement, ASL Consulting Engineers warrants and represents
that it shall maintain insurance coverage with the insurance company listed on the attachment,
or with an equivalent carrier in the amounts indicated for at least five (5) years after the
completion of the consulting sen;ices under the Agreement. ASL Consulting Engineers will
provide the City with certificates of insurance coverage within the period established above in
order to evidence compliance with this agreement.
Sincerely,
ASL Co, n~neers
St~ew Tddesco
Vice President
ACCEPTED AND AGREED TO:
Tim D, Serlet
Director of Public Works/City Engineer
SDT/cg
J:\3291\on-siteMgmt\agreement.doc
Pasadena / Irvine / Palm Springs / Camaritio, San Diego / San Bernardino / Oceanside / Phoenix / Payson /' San Antonio
ASL Consulting Engineers
1624; L.:t:.,'~ (:arivcn ~,CaC
fl49 '727--375
Fax 9~9
WWW. 2S:2~
EXHIBIT A
February 14., 2000
Mr. Tim D. Serlet
Director. Public Works/City Engineer
City of Tustin
300 Centennial Way
Tustin. CA 92680
Subject: Proposal for Onsite Management of the Water Division
Dear Mr. Serlet:
Thank You for meeting with Joe Sovella, Ray Miller, and me to discuss the City's. need for
interim management services for the Water Division. Based upon our conversation, we have
developed the following proposal.
Experience
ASL Consulting Engineers, in association with Raymond C. Miller, P.E. and Associates, is
uniquely qualified to perform these interim management services for the City. Our proposed
onsite manager, Joseph A. Sovella, is a registered engineer, and has over 25 years of
experience in water management, having' most recently been the General Manager of the
Laguna Beach County Water District. In addition to his familiarity with all aspects of the
management of a medium sized water system, he also has specific experience in site
acquisitions, consolidation analysis, transition and relocation of agencies.
Our firms have provided similar interim management services to the Tri-Cities Municipal
Water District in San Clemente. Issues addressed at TCMWD included extensive upgrading
and rehabilitation to an aging and neglected system, as well as extensive study and
examination of consolidation of this wholesale agency with another.wholesale agency. Prior
to my establishing this firm, I spent over 25 years as the General Manager of the South Coast
Water District in South Laguna. In total, Mr. Sovella and I have over 60 years of experience
in both the public and private water and wastewater sectors. Our resumes are attached for
your review.
PasaSena Irvine / Palm Springs / Carnarii!o San Diego / San Bernardino ,, Oceanside / Phoenix ,, Paysor ' San Antonio
/~S/Consulting Engineers
City of Tustin
February 14. 2000
Page 2
Our familiarity with water supply and distribution issues in general, and Orange Count),'
issues in particular, means that we can immediately hit the grotmd running with most aspects
of the management of your division. We also offer value-added experience in areas such as:
federal and state grant and loan funding for capital .projects: litigation; CEQA/NEPA;
familiarity with state and local elected officials: and appropriate staffing and performance
levels for water operations.
Scope of Work
It is clear from our' conversation that the City requires a part-time, onsite, experienced
manager to provide the oversight necessary to effectively and efficiently operate a municipal
water utility.
As noted above, we are proposing that Mr. Sovella act as the onsite manager, with backup
services provided by Ray Miller. Mr. Sovella would be at the Division's offices concurrent
with the existing Division work schedule.
The services to be provided would be:
· Daily management of the Water Division
· Strategic planning and budgeting
· Administration of capital projects
· Construction management (if needed)
· Interaction with related city divisions
Supervision of human resource issues
· Attendance as required at city council meetings
· Working closely with the community on problems affecting the water operations
Development and implementation of interagency agreements and cooperative
ventures with other agencies
Cost Proposal
We will provide part-time onsite management (estimated to be 24 hours per week with a not-
to-exceed total of 100 hours per month) at an hourly rate of $100.00 per hour; the only direct
costs we seek reimbursement for are those associated with any travel performed on behalf of
the City that is outside of a 50 mile radius of the City. Direct costs will be invoiced with no
markup.
Consulting Engineers
City of Tustin
February 14. 2000
Page 3
We understand that the City desires to provide management oversight to the Division as soon
as possible. We stand ready to immediately assume these duties at the City's direction. I look
forward to discussing any questions you might have after 3,our review of this proposal.
Very truly yours,
Vice President
SDT/cg
J:\3291 \Tustin Proposal Ex A.doc
EXHIBIT B
INDEPENDENT CONTRACTOR
RELEASE AND ACKNOWLEDGEMENT
RELEASE
.I, Joe Sovella, hereby waive and release any and all claims against' the City of Tustin
for health benefits, retirement benefits and any other benefits available to City
Employees. In performing services for the City of Tustin, I am acting as an
independent contractor employed by ASL Consulting Engineers.
ACKNOWLEDGEMENT
I have been provided with a copy of the City of Tustin's harassment policy and have
read it. I understand that in performing services for the City as an independent
contractor I am bound to abide by the policy as if l was an employee.
/Si"g n at~'re