HomeMy WebLinkAbout01/15/1991, C-1 - SERVICES FOR CLOUD SEEDING OPERATIONS���� ►�N�Ip��I��IN MY Of San LUIS OBISPO
COUNCIL AGENDA REPORT
FROM:
William T. Hetland, Utilities Director)
Gary W. Henderson, Utilities Engineer Liss
SUBJECT:
Services for Cloud Seeding Operations
MEETING DATE:
January
ITEM NUMT.
RECOMMENDATION:
By motion, approve and authorize the Mayor to execute, an agreement for Cloud Seeding
Services with Atmospherics Incorporated of Fresno, Calif. in an amount not to exceed
$387,400.00 (total amount for 3 year period) and an agreement with the County of San Luis
Obispo to participate in the project.
BACKGROUND:
The City Council requested staff to obtain proposals for providing services for cloud seeding
operations. During development of the request for proposals, the County contacted staff and
indicated that they may be interested in participating in the cloud seeding project. The cloud
seeding project "target areas" are the Salinas Reservoir and Lopez Lake watersheds. The Whale
Rock Reservoir area is not included due to several factors. The Whale Rock Reservoir watershed
is approximately 23 square miles compared to Salinas and Lopez which are 112 and 68 square miles
respectively. The small size will impact the ability to cause precipitation to fall over the "target
area ". Also, since Salinas and Lopez watersheds are contiguous, the plane and ground generators
can focus on one area for operations. Staff sent out requests for proposals on December 5, 1990.
Proposals from three firms were received and opened on December 20, 1990.
City and County staff reviewed the proposals and the firms were ranked in the following order:
L Atmospherics Incorporated of Fresno, Calif.
2. North American Weather Consultants of Salt Lake City, Utah
3. Weather Modification, Inc. of Bowman, North Dakota
Atmospherics Incorporated was ranked number one based on their thirty years of experience in
weather modification operations and research. Their corporate facilities are located near Fresno
Air Terminal which include general offices, an electronics manufacture and repair section,
meteorological instrument repair shop, chemistry and photo laboratories, storage for cloud seeding
materials, and specialized equipment (ie. aircraft fitted for cloud seeding operations, weather radars,
variety of computer equipment, ground and airborne liquid -fuel cloud seeding generators, etc.). The
close proximity of their headquarters allows them to respond quickly to any problems encountered
while performing the work required under the contract.
Atmospherics Incorporated can be fully operational on the San Luis Obispo Program within 15 days
of contract award notification. This operational status does not include installation of the remote
ground generators. Site selection and installation of these units would require an additional 30 days
for full operations.
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COUNCIL AGENDA REPORT
Page Two
FISCAL IMPACT:
Fixed Costs Estimated Reimbursable Total Costs
First Season $66,211 $31,309 $97,520
(3 months)
Second Season $1079860 $44,580 $152,440
(5 months)
Third Season $107,860 $44,580 $152.44
(5 months)
GRAND TOTAL $387,400
The money for this project was not included in the current budget. The first years amount will need
to come from 89/90 Water Fund Carry-Over (see attached Budget Amendment Request). The
second two years will be included in the next two year budget program. The County of San Luis
Obispo has agreed to share in the cost of the project. The County will reimburse the City 37.8%
of the total cost. This percentage was determined based on a ratio of the size of the Lopez
watershed to the combined size of the Salinas and Lopez watersheds.
Attachments: Budget .Amendment Request
Consultant Service Contract
Agreement with County
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CONSULTANT SERVICE CONTRACT
This contract, made this day of 19901
by and between the City of Sa— n Luis Obispo, California (hereinafter
referred to as "City ") , and Atmospherics Incorporated, (hereinafter
referred to as "Consultant ").
WITNESSETH
WHEREAS, City desires to retain certain services in conjunction
with cloud seeding for augmenting natural precipitation over select
areas in San Luis Obispo County;
WHEREAS, City desires to engage consultant to provide services by
reason of its qualifications and experience for performing such
services;
WHEREAS, Consultant has offered to provide the required services
on the terms and in the manner set forth herein;
NOW, THEREFORE in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROJECT COORDINATION
a. City. The Utilities Director shall be the representative
of the City for all purposes under this agreement. The
Director, or his designated representative, hereby is
designated as the Project Manager for the City and shall
supervise the progress and execution of the project under
this agreement.
b. consultant. Consultant shall assign a single Project
Manager to liaison with the City's representative. Should
circumstances or conditions subsequent to the execution of
this agreement require a substitute Project Manager for any
reason, the Project Manager replacement shall be subject to
the prior written acceptance and approval of the Director.
Such approval shall not be unreasonably withheld by the
City.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all
specified services as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
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b. Laws to be observed. Consultant shall to the extent of its
abilities:
(1) Procure all permits and licenses (including a City of
San Luis Obispo business license), pay charges and fees,
and give all notices which may be necessary and
incidental to the due and lawful prosecution of the
services to be performed by Consultant under this
agreement;
(2) Keep itself informed of all existing and proposed
federal, state and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or
employed under this agreement, any materials used in
Consultant's performance under this agreement, or the
conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of
its employees to observe and comply with all of said
laws, ordinances, regulations, orders, and decrees
mentioned above.
(4) Immediately report to the City's Project Manager in
writing any discrepancy or inconsistency it discovers
in said laws, ordinances, regulations, orders, and
decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this
agreement.
c. Release of reports and information. Any reports,
information, data, or other material given to, or prepared
or assembled by, Consultant under this agreement shall be
the property of City and shall not be made available to any
individual or organization by Consultant without the prior
written approval of the City's Project Manager. The
Consultant shall be allowed, for promotional purposes, to
make known the nature of the assignment in a general
statement during the project and may reproduce design
information after it has become public information or upon
completion of this project.
d. Copies of reports and information. If City requests
additional copies of reports, drawings, specifications, or
any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the
services under this agreement, Consultant shall provide such
additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such
copies at Consultant's direct expense.
e. Oualification of Consultant. Consultant represents that it
is qualified to furnish the services described under this
agreement.
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3. DUTIES OF CITY
The City agrees to cooperate with Consultant to perform that
work described in Exhibit "A" attached hereto and incorporated
by this reference.
4. COMPENSATION
a. The Consultant will perform the work as described in
Exhibit "A ".
b. Consultant will bill City as provided for in the
consultant's fee schedule as described in Exhibit "A"
attached hereto. City will pay this bill within 30 days of
receipt. The Consultant may not charge more than $97,520
during the first year and $152,440 per year during the
following two years without prior approval of the City's
Project Manager.
S. TEMPORARY SUSPENSION
The Utilities Director shall have the authority to suspend this
agreement wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on the
part of Consultant to perform any provision of this agreement.
Consultant will be paid the compensation due and payable to the
date of temporary suspension.
6. SUSPENSION /TERMINATION
a. Right to Terminate. The City retains the right to terminate
this agreement for any reason by notifying Consultant in
writing seven days prior to termination and by paying the
compensation due and payable to the date of termination;
provided, however, if this agreement is terminated for fault
of Consultant, City shall be obligated to compensate
Consultant only. for that portion of Consultant services
which are of benefit to City. said compensation is to be
arrived at by mutual agreement of the City and Consultant
and should they fail to agree, then an independent
arbitrator is to be appointed and his decision shall be
binding upon the parties.
b. Return of Materials. Upon such termination, Consultant
shall turn over to the City immediately any and all copies
of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by Consultant, and
for which Consultant has received reasonable compensation,
or given to Consultant in connection with this agreement.
Such materials shall become the permanent property of City.
Consultant, however, shall not be liable for City's use of
complete documents if used for other than the project
contemplated by this agreement.
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7. INSPECTION
Consultant shall furnish City with every reasonable opportunity
for City to ascertain that the services of Consultant are being
performed in accordance with the requirements and intentions of
this agreement. All work done and all materials furnished, if
any, shall be subject to the City's Project Manager's inspection
and approval. The inspection of such work shall not relieve
Consultant of any of its obligations to fulfill its agreement
as prescribed.
8. OWNERSHIP OF MATERIALS
Ail original drawings, models, plan documents and other
materials prepared by or in possession of Consultant pursuant
to this agreement shall become the permanent property of the
City, and shall be delivered to the City upon demand. The
consultant may retain a reproducible copy for their records.
9. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES
10.
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This agreement is for the performance of professional services
of the Consultant and is not assignable by the Consultant
without prior consent of the City in writing. The Consultant
may employ other specialists to perform special services as
required with prior approval by the City.
NOTICES
All notices hereunder shall be given in writing and mailed,
postage prepaid, by Certified Mail, addressed as follows:
To City: Utilities Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
To Consultant:
INTEREST OF CONSULTANT
Atmospherics Incorporated
5652 East Dayton Avenue
Fresno, CA 93727
Consultant covenants that it presently has no interest, and
shall not acquire any interest, direct or indirect, financial
or otherwise, which would conflict in any manner or degree with
the performance of the services hereunder. Consultant further
covenants that, in the performance of this agreement, no
subcontractor .or person having such an interest shall be
employed by Consultant. Consultant certifies that no one who
has or will have any financial interest under this agreement is
an officer or employee of City. It is expressly agreed that,
in the performance of the services hereunder, Consultant shall
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at all times be deemed an independent contractor and not an
agent or employee of City.
Consultant hereby agrees to indemnify and save harmless City,
its officers, agents, and employees of and from:
a. Any and all claims and demands which may be made against
City, its officers, agents or employees by reason of any
injury to or death of any person or corporation caused by
any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used
by or in the care, custody, or control of Consultant, or
property of others, or in proximity to the site of
Consultant's work, caused by any negligent act or omission
of Consultant under this agreement or of Consultant's
employees or agents;
c. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
injury to or death of or damage to property suffered or
sustained by any employee or agent of Consultant under this
agreement, however caused, excepting, however, any such
claims and demands which are the result of the negligence
or willful misconduct of City, its officers, agents, or
employees;
d. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights
or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; and
e. Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due
to negligence on the part of the Consultant.
Consultant, at its own cost, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that
may be brought against or for employees on any such claim
or demand of such third persons, or to enforce any such
penalty, and pay and satisfy any judgment or decree that may
be rendered against City, its officers, agents, or employees
in any such suit, action or other legal proceeding, when
same were due to negligence of the Consultant.
13. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every
employer to be insured against liability for workers
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compensation or to undertake self- insurance in accordance with
the provision of that code, and it certifies that it will comply
with such provisions before commencing the performance of the
work of this agreement.
At the request of the City, Consultant shall provide proof of
comprehensive general liability insurance ($1,000,000 including
automobile), aircraft liability insurance ($2,000,000) and
special liability insurance ( "consequential loss" at $2,000,000)
satisfactory to the City. City and San Luis Obispo County Flood
Control and Water Conservation District shall be an additional
named insured.
15. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
16. WAIVERS
The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a waiver
of any subsequent breach or violation of the same or of any
other term, covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money
which may become due hereunder shall not be deemed to be a
waiver of any preceding breach or violation by the other party
of any term, covenant, or condition of this agreement or of any
applicable law or ordinance.
17. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs
and attorney's fees expended in connection with such an action
from the other party.
18. DISCRIMINATION
No discrimination shall be made in the employment of persons
under this agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of Consultant Service Agreement
California Fair Employment Practices Act or similar provisions
of federal law or executive order in the performance of this
agreement, it shall thereby be found in material breach of this
agreement. Thereupon, City shall have the power to cancel or
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suspend this agreement, in whole or in part, or to deduct from
the amount payable to Consultant the sum of Two- hundred -fifty
Dollars ($250) for each person for each calendar day during
which such person was discriminated against, as damages for said
breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission or the
equivalent federal agency or officer shall constitute evidence
of a violation of contract under this paragraph.
19. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or
oral. This document may be amended only by written instrument,
signed by both City and Consultant. All provisions of .this
agreement are expressly made conditions. This agreement shall
be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this
agreement on the day and year first above written.
CONSULTANT
CITY OF SAN LUIS OBISPO
By.
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EXHIBIT A
1. Consultant shall engage in artificial cloud nucleation operations during the term of
this contract within the target area identified by the City. The purpose of these cloud
nucleation operations will be to beneficially increase precipitation within the target
area.
2. The term of this contract shall cover three seasonal operational periods and shall
commence on approximately February 1, 1991 and end April 30,1991, and begin on
November 1st and end on March 31st during the second and third seasons of
1991/92 and 1992/93.
3. The Consultant shall furnish and have available for use during the operational period
the following equipment and personnel:
(a) The Consultant agrees to have available on a 24- hour - per -day, 7- day - per -week
basis the services of a competent staff to furnish full meteorological data.
(b) All weather data will be available at the location of Consultant's head office
in Fresno and will be used to coordinate various phases of the field program.
These data will be passed via FAX to the radar field headquarters on a daily
basis whenever the station is active.
(c) A 5 cm weather radar system will be permanently based within or near the
target area and will act as the field operational headquarters for the program.
It shall be located so as to be able to "see" the full target area and have a
maximum range of not less than 250 km.
(d) A cloud seeding aircraft will be permanently based at or near the radar field
headquarters. This aircraft will be equipped for all- weather flying. It will be
further equipped with facilities for dispensing silver iodide for use in cloud
seeding activities throughout the target area. The Consultant agrees that its
aircraft and equipment thereon will be certified by the Federal Aviation
Administration, an agency of the United States of America, and that any and
all pilots operating aircraft for or on behalf of the Consultant shall be duly
licensed by the said FAA.
(e) Consultant will furnish from its core staff at head office in Fresno the
following personnel who will be available on a full -time basis for all required
activities associatcd with the City's program:
1) One radar meteorologist /forecaster
2) One instrument rated Loud seeding pilot C I J
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4. The main nucleating agent will be silver iodide, which shall be dispensed from special
holding racks and systems mounted on the aircraft. A secondary nucleating agent
will be dry ice, which shall be dispensed from a special system mounted within the
aircraft.
5. The Consultant shall prepare all reports pertaining to the program. By the 10th of
each mouth during the operational season, Consultant will furnish the City five copies
of a summary report covering the various phases of the previous month's operations.
Within 60 days after the conclusion of the operational period, the Consultant will
furnish the City a final summary report covering the entire operation.
6. Consultant agrees to be bound by all the laws of any local agency having jurisdiction,
the State of California, and the Federal Government, particularly with respect to
cloud nucleation operations, and that prior to commencing the operation under the
contract for the City, the Consultant shall comply with all necessary reporting
functions as required by any local agency having jurisdiction, the State of California
and the federal government.
7. The City shall pay to the Consultant for services rendered pursuant to this agreement
during the term of this agreement on a monthly basis the following monetary
compensation upon billings from the Consultant:
A First year operations: February 1, 1991- April 30, 1991
March 1, 1991 $26,000 + February consumables'
April 1, 1991 $21,000 + March consumables
May 1, 1991 $19,211 + April consumables
B. Second year operations: November 1, 1991 - March 31, 1992
December 1, 1991
January 1, 1992
February 1, 1992
March 1, 1992
April 1, 1992
$26,000 +
November consumables`
$21,000 +
December consumables
$21,000 +
January consumables
$21,000 +
February consumables
$18,860 +
March consumables
C. Third year operations: November 1, 1992 - March 31, 1993
Same as second year operations.
Payment includes the $5,000 annual premium for the special liability insurance
( "consequential loss ").
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Cornsumables are considered to be the following:
A. Aircraft flight time $190 per hour
B. Pyrotechnic seeding devices $ 22 per unit
C. AgI solution
(1) Aircraft $ 28 per hour
(2) Ground generators $ 16 per hour
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Consultant by the City. This percentage is based upon the relationship of the
area of the Lopez Lake watershed to the total area that will be the target of the
cloud seeding project In no event shall the County be obligated under this
Agreement to pay to City more than $60,000 in any one year of the term of this
Agreement unless the Board of Supervisors shall first approve, by Board order
or resolution, the payment of any sum or sums in excess of $60,000.
6. Daily cloud seeding activities shall be conducted under the advisement of the
County, acting through the City's Project Manager. Program suspension criteria
shall be reviewed and approved by the County.
7. County shall receive copies of all reports and evaluations relating to the cloud
seeding project
8. This Agreement will remain in affect for the three year trial period that is
contemplated by the City's Request For Proposals (RFP) titled, "City of San Luis
Obispo, Request For Proposals for Engineering Services For Cloud Seeding
(weather augmentation)", which proposals were to be received by the City by
3:00 p.m. on December 20, 1990.
9. County shall not be obligated under this Agreement until the County Engineer
has reviewed all proposals submitted in response to the RFP and has approved
the Consultant selected by City. The County Engineer's approval of the
Consultant shall be communicated to the City in writing within ten (10) days of
notice to County by City of the proposal that has been selected by City.
10. The City and County shall mutually indemnify and save harmless the respective
agency, its officers, agents, and employees from and against any and all claims,
demands, liabilities, costs, expenses, causes of action, including, but not limited
to, judgements arising out of the joint and sole negligence of the City and
County, their officers, agents, employees, or independent contractors in
performance or attempting to perform the function under this Agreement
11. This Agreement may be terminated by either party by providing to the other
party, in writing, thirty (30) days advance notice of said intent. City shall be
paid, in accordance with Paragraph 5 herein, for all work completed by the
ConsuRant prior to the effective date of said termination. Termination on behalf
of the County may be accomplished by the County Engineer without action by
the County Board of Supervisors.
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
RELATING TO CLOUD SEEDING
This Agreement is made and entered into this day of ,1991
by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to
as °City°, and the San Luis Obispo County Flood Control and Water Conservation District, a
political subdivision of the State of California, hereinafter referred to as 'County.
WITNESSETH:
WHEREAS, the City is preparing to begin a project to perform cloud seeding operations to
augment rainfall on the watershed of the Salinas Reservoir; and
WHEREAS, it will be beneficial to Zone 3 of the San Luis Obispo County Flood Control and
Water Conservation District to participate in said cloud seeding project such that it is expanded
to include the watershed of Lopez Lake; and
WHEREAS, the watersheds of Lopez Lake and the Salinas Reservoir are contiguous; and
WHEREAS, the County and the City are willing to enter into an Agreement for the City to act
as lead agency on a cloud seeding project to benefit both reservoirs; and
WHEREAS, this Agreement to jointly accomplish said project will benefit both the City and the
County.
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
1. The City will act as lead agency and enter into a contract with a qualified
consultant, hereinafter referred to as "Consultant", to perform cloud seeding
services and the said, joint projects.
2. The City will perform the necessary environmental determination to ensure that
the cloud seeding project complies with the California Environmental Quality
Act.
3. The City's cloud seeding contract and environmental determination will include
rainfall augmentation of the Lopez Lake watershed.
4. The City will pay to the Consultant all compensation required by the contract
between the City and the Consultant. _
S. The City will bill to the County, and the County will pay from the budget of the
San Luis Obispo County Flood Control and Water Conservation District, Zone
3, thirty-seven and eight tenths percent (37.8 %) of the amount paid to the
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
above written.
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES G. LINDHOLM, JR.
County Counsel
By:
•. De ury Co my Counsel
Dated: t ��L r.� w Z r Ic It l
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CITY OF SAN LUIS OBISPO
(Title)
COUNTY OF SAN LUIS OBISPO
By:
Chairman, Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JEFFREY G.JORGENSEN
City Attorney
Dated:
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