HomeMy WebLinkAbout10/29/1991, C-10 - WHALE ROCK COMMISSION MEETING, WEDNESDAY, OCTOBER 30, 1991 MEEnNG
I��iouRll�lyl�,�ulA�l��ll city of sa l Luis oBispo dobe DATE
WI' ctobr 29 1991
COUNCIL AGENDA REPORT "IM NUMBER: /
FROM: William T. Hetland, Utilities Director
SUBJECT: Whale Rock Commission Meeting, Wednesday, October 30, 1991
CAO RECOMMENDATION:
Receive and file. Comment if necessary to provide direction to City
representative/staff.
DISCUSSION:
The key issue on the Commission's agenda is:
2. Amendment No. 1 to the contract with Kennedy/Jenks Consultants for the
design of the Whale Rock Pump Stations Upgrade.
AGENDA
WHALE ROCK COMMISSION MEETING
WEDNESDAY, OCTOBER 30, 1991
CITY HALL HEARING ROOM
990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA
12:00 Noon Commissioners lunch at JP's Bar & Grill Restaurant
Monterey and Osos Streets, San Luis Obispo
1:30 p.m. Commissioners reconvene in City Hall Hearing Room
990 Paha Street, San Luis Obispo
Roll Call: Ron Dunin, City of San Luis Obispo
Commission Chairman
John Dunn, City of San Luis Obispo
Commission Secretary
Carmen Salvato, California Men's Colony
Commission Vice Chair
Carlos Madrid, California Department of Water Resources
Ed Naretto, California Polytechnic State University
Bill Statler, City of San Luis Obispo
PUBLIC COMMENT PERIOD
(5 Minutes)
The Whale Rock Commission will receive public comment on items of interest to the
public within the Commission's jurisdiction.
As a general rule, action will not be taken on issues not listed on the agenda. Staff
will generally be asked to follow up on such items at the discretion of the Chair.
Written material is also encouraged.
1. Minutes - approval of draft minutes of the June 19, 1991 meeting.
2. Amendment No. 1 to the Contract with Kennedy/Jenks Consultants for the
design of the Whale Rock Pump Stations Upgrade.
3. Chorro water meter replacement - Status Report.
4. Feasibility study on steelhead hatchery.
5. Proposed Mainini property agreement.
e-io -�
DRAFT MINUTES
WHALE ROCK COMMITTEE MEETING
Wednesday, June 19, 1991
City Hall Hearing Room
990 Palm St . , San Luis Obispo
COMMISSION MEMBERS PRESENT:
Doug Gerard , California Polytechnic State University
Commission Chair
Ron Dunin, City of San Luis Obispo, Commission Vice Chair
Carlos Madrid , California Dept. of Water Resources
John Dunn , City of San Luis Obispo, Commission Secretary
Carmen Salvato , California Men' s Colony
William Statler , City of San Luis Obispo
CITY STAFF PRESENT:
Bill Hetland , Utilities
Ken Weathers , Water Division Manager.
Bob Hamilton , Water Supply Supervisor
Lisa Woske , Recording Secretary
ROLL CALL
Chairman Doug Gerard called the meeting to order at 1 : 30 p .m.
and invited comments from the audience in accordance with the
Brown Act ( items not on the agenda) .
Paul Enns , Paso Robles Beach Water Association Board represen=
tative, discussed the cooperation of the Association in the
agreement reduction , from 615 acre/feet down to approximately
500 acre/feet . He reported they are investigating water sup-
plies to accommodate building out the Cayucos area and that
they rejected the desalinization program and were looking into
state water to get approximately 300 acre/feet . He also wanted
to encourage a beneficial agreement between his organization and
the Whale Rock Committee. He also submitted a report which in-
dicated water usage for his area.
Bill Hetland , Utilities Dept. , introduced new staff memebers
Ken Weathers and Bob Hamilton.
1 : MINUTES
The minutes of the June 20, 1990 and September 5 , 1990 regular
meetings were approved as submitted .
d -3
WHALE ROCK COMMISSION MEETING
June 19 , 1991 Minutes
Page 2.
2 . ELECTION OF OFFICERS
Commr . Gerard opened the floor to nominations for Committee Chair .
Commr . Salvato nominated Commr. Dunin. Commr : Madrid seconded
the motion. There were: no other nominations , so the floor was
closed .
Commr . Dunin was unanimously voted in as Commission Chair .
The floor was open to nominations for Vice Chair. Commr . Gerard
nominated. Comr . Salvato. Commr. Madrid seconded . the motion .
There were no other nominations, so the floor was closed .
Commr . Salvato was unanimously voted in as Commission Vice Chair .
The floor was opened to nominations for Commission Secretary .
Commr . Statler nominated John Dunn . Commr . Gerard seconded the
motion . There were no other nominations , so the floor was closed .
Commr . Dunn was unanimously voted in as Commission Secretary .
3 . RESOLUTION OF APPRECIATION RE: DOUG GERARD
Doug Gerard resigned from the Commission . Commr . Dunn moved
to approve the resignation. Commr . Dunin seconded the motion .
The motion passed unanimously and Commr . Gerard• was presented
with a Proclamation of Appreciation from the Commission.
4. ANNUAL BUDGET AND FINANCIAL STATEMENT
Bill Hetland presented the staff report and discussed the budget
and statement . in detail . He noted that the budget for Reservoir
Operations in 91/92 was $585 ,400. He discussed' the line item
regarding pumping costs and stated that the power cost is billed
back to each Member Agency , depending on their usage . He also
discussedithe. project objective of completing the telemetry system
automation- and alarm monitoring . He discussed the pump station
modifications. He noted that the Fishing Program budget of $22 , 100
showed no sign iffcant increase over past budgets. and the objective
was to encourage more reservoir use for the Fishing Program.
Commr. Salvato asked for clarification on. the payroll cost increase .
Mr . Hetland explained the new positions and salary increases .
WHALE ROCK COMMISSION MEETING
June 19 , 1991 Meeting
Page 3.
Commr . Gerard asked for clarification on the Fishing Program
user reduction. Mr. Hetland noted that there was actually a
slight increase in public use.
Commr . Salvato asked if there were any anticipated additional
item in Capitol Improvements projected over the next five to six
years . Mr . Hetland stated he did not anticipate any that were
not already listed .
Commr . Madrid asked for the carryover balance . Mr . Hetland
responded that the Fund Balance was over $319 ,000.00 .
Commr . Gerard discussed the initial Capital Fund balance account
amount of $250,000.00 and suggested increasing that balance amount .
Commr . Gerard moved to approve the 1991/92 Budget as presented
by staff . Commr . Dunn seconded the motion. The motion passed
unanimously. and the Commission agreed to accept and file the
staff report .
5 . OPERATION OF PERCOLATION POND
Mr . Hetland presented the staff report and recommended that the
Commission direct staff to negotiate the purchase of the five acre
creek bottom parcel and to proceed with eminent domance proceedings
if negotiations are not successful. Staff also recommended the
Commission discuss the benefits of obtaining ownership of the
additional twelve acre parcel at this time and provide staff dir-
ection. He also noted again that the purchase price for the five
acre parcel was approximately $60,000.00 and the twelve acre par-
cel purchase price was approximately $160,000.00.
Commr. Dunn stated he agreed with the benefits of purchasing the
five acre parcel , but was not convinced of same for the twelve
acre parcel . Mr . Hetland discussed the possibility of groundwater
contamination due to pesticides and chemicals used in agriculture
and noted that a treatment plant for the contaminated water would
be expensive . He discussed lease negotiations and was concerned
with the; restructions placed on the property use , e .g. cattle use
and dredging. He concluded that parcel purchases would be most
beneficial and that the lease for the pond area cost approximately
$2000.00 annually .
��S
WHALE ROCK COMMISSION MEETING
June 19, 1991 Minutes
Page 4.
Commr. Salvato suggested negotiating a lease with cattle
restrictions .
Mr . Enns discussed the bedrock and minimum quality of the CAWO
wells and was concerned about the wells being too close to, the
ponds . He noted that the quality was presently acceptable in
all wells.
'Commr. Dunn moved to approve the purchase of the five acre
parcel and theexercising of eminent domain , should that be
necessary . Commr . Gerard seconded the motion. The motion passed
unanimously.
Robert Lye, member of the Paso Robles Beach Water Association
Board was concerned about cattle and agriculture contamination
in the percolation pond areas.
Mr . Purdy , representative CAWO, felt the wells would then require
full water treatment and that new wells would need to be drilled
or others relocated. He was also concerned about the ability
to achieve the 600 acre feet via pumping capacity.
Roger Lyon, Cayucos resident, favored parcel purchases of pond areas
in order to control the property use and fulfill contractual obli-
gations . He suggested a joint use agreement between Whale Rock
Members and Cayucos residents in order to develop area as a
Cayucos recreational area .
Commr . Gerard moved to direct staff to initiate action to acquire
the 12 . 7 acre parcel , including the ability to invoke eminent
domain. . Commr . Dunn seconded the motion. The motion, passed
unanimously .
Commr . Dunn stated he favored developing the area as a recreation
area upon its purchase, but felt the land use needed to be inves-
tigated at the time of purchase.
Commr . Gerard also suggested that staff investigate the possibility
that part of .the 50 acre feet could be negotiated out of the
Mainini Pease.
6.. SAN LUIS OBISPO WATER TREATMENT PLANT METER
Ken Weathers presented the staff report and and recommended that
the Commissionauthorize the purchase and installation of a new
30-inch meter for the San Luis Obispo Water Treatment Plant and
revise the method of determining water usage for Whale Rock Com-
mission members.
C-,ro
WHALE ROCK COMMISSION MEETING
June 19 , 1991 Minutes
Page 5 .
Mr . Weathers noted that the loss of 334 'acre feet could have
culminated in a leak situation tha.t has yet to be determined .
Commr. Dunn moved to approve the staff recommendation and
to amend the budget line item to reflect an expenditure cap
Of $11 ,000.00 . Commr. Gerard seconded the motion. The motion
pased unanimously .
7 . STATUS REPORT ON WHALE ROCK PUMP STATION MODIFICATION
Mr . Hetland presented the staff report and noted that he had
received about 95% of plan submissions and specs required
for the Whale Rock Pump Station upgrade project.
The Commission agreed unanimously to direct staff to proceed
with the project and file the report.
OTHER BUSINESS
Commr . Gerard introduced Ed Naretto as his Commission replacement
for the Cal Poly representative.
The meeting adjourned at 2 :45 p .m.
Respectfully submitted ,
Lisa Woske
Recording Secretary
MEETMG MM-
October
ATE:Oc ober 30 1991
WHALE ROCK COMMISSION REPORT nW NUMBER:
FROM: William T. Hetland, Utilities Director Prepared By: David Zweig
SUBJECT:
Amendment No. 1 to the contract with Kennedy/Jenks Consultants for the
design of the Whale Rock Pump Stations Upgrade.
BACKGROUND:
On June 20, 1990, the Whale Rock Commission entered into an agreement with
Leedshill-Herkenhoff Inc. (now Kennedy/Jenks Consultants) for the design of the
Whale Rock Pump Stations Upgrade. The project consists of expanding the capacity
of, and modernizing, the 30 year old Pump Stations A and B. The original consulting
contract was not to exceed $136,000.
After the pump stations are upgraded, it will be possible to meet the City's water
demand from the Whale Rock Reservoir alone if necessary. In June of 1990, the
possibility of the Whale Rock Reservoir becoming the City's sole source of water was
very real. Salinas Reservoir was low and the City's groundwater supply was uncertain.
Therefore, the pump station upgrade project was given the highest priority. Also at
that time, the consultant was told the Whale Rock Pipeline could only be shut down
for a few hours during construction. This design constraint severely limited the scope
of the upgrade.
Now, with conservation reducing demand, and the March rains and new wells having
increased the water supply, the requirements for the Whale Rock Pump Stations have
been reevaluated. While still essential; the upgrade project is no longer viewed to be
as urgent as it was a year ago. Furthermore, with alternate sources now available
(Salinas and groundwater) it will be possible to shut down the Whale Rock Pipeline
for several days, and perform a more thorough upgrade of the pump stations.
When Kennedy/Jenks Consultants (KJC) recently submitted a set of preliminary
plans and specifications to the City for review, several areas were identified in which
the design of the pump stations could be improved to better meet the needs of the
Whale Rock Commission. Most of the improvements will simplify the operation of
the pump stations, and result in better service and lower operation costs to Whale
Rock members.
Since the desired improvements are beyond the scope of the original contract, KJC
was requested to provide a cost proposal for tfie additional work. KJC's proposal
(attached) includes 7 items of work totaling $18,050.
WHALE ROCK COMMISSION REPORT
The improvements are needed for the following reasons:
1) Add Station Metering/Isolation Valves - Isolation valves will allow for
maintenance work to be performed on the pump stations without the need to
drain the mainline. Station meters are needed to control the variable speed
pumps.
2) VFD Pump Drivers - These drivers will improve the layout of the piping and
will save energy.
3) Change Exterior to All Split Face Block - At the request of Planning
Department.
4) Generator Size - This may be affected by the change in pump drivers.
5) Remove Catwalks/Replace with Doors - Needed to improve access for
maintenance and to provide a safe, unobstructed exit path.
6) Evaluate Chorro Lateral - Need to investigate possible hydraulic impacts from
planned water treatment plant upgrade.
7) Revise Construction Costs - Construction costs may be impacted by the
preceding changes, and therefore must be recalculated.
FISCAL IMPACT
The current contract with KJC for the design of the Whale Rock Pump Station (dated
June 20, 1990) is for $136,000. The additional design and engineering services will
cost $18,050, bringing the total consultant contract to $151,550. The additional
amount is available in the Whale Rock Fund.
The design improvements will increase the construction costs. Previously, construction
costs had been estimated at $868,000 (page H-16, 1990 Budget). However, the more
current estimates are for construction costs of up to $917,000, including the design
amendments discussed above. The design improvements included in Amendment No.
1 are estimated to increase construction costs by $60,000.
RECOMMENDATION:
By motion, approve and authorize the Chairman to execute Amendment No. 1 to the
contract with Kennedy/Jenks Consultants in the amount of $18,050 for the design of
the Whale Rock Pump Station and approve the appropriation and trahsfer of $18,050
from the Whale Rock Fund to the Whale Rock Pump Station Capital Project.
Attachments:
1. Amendment No. 1 with attachment lA
2. Original Agreement with attachment A r:\d\wR\wRCAR
AMENDMENT NO. 1
TO
CONSULTANT SERVICE CONTRACT
BETWEEN CITY OF SAN LUIS OBISPO
AND
KENNEDY/JENKS CONSULTANTS
THIS AMENDMENT NO. 1, made in duplicate and entered into this
day of , 1991, by and between the Whale Rock
Commission (hereinafter referred to as "Commission") and
Kennedy/Jenks Consultants (hereinafter referred to as
"Consultant") , provides for changes to the Consultant Service
Contract dated July 31, 1990 (hereinafter referred to as the
"AGREEMENT") , as follows:
WITNESSETH:
WHEREAS, the Commission has reviewed preliminary plans
submitted by the Consultant;
WHEREAS, circumstances regarding water supply and demand
have changed since the Consultant Service Contract was entered
into;
WHEREAS, the Commission has requested the Consultant to
provide a proposal to incorporate design improvements into the
plans and specifications.
WHEREAS, the Consultant has offered to provide the required
services on the terms and conditions set forth in the AGREEMENT
and as modified by this amendment and in accordance with
attachment IA;
NOW, THEREFORE, in consideration of their mutual covenants
the parties hereto agree as follows:
1. Basis of Design. The basis of Design for the project
shall be modified only as provided in Attachment IA.
2. Scope of Services. The scope of services, as originally
set forth in Section A of attachment A of the Agreement,
is modified by the addition of seven (7) new items of
work, which are described in Attachment lA of this
amendment.
3. Fees and Conditions. Attachment A, Section D of the
AGREEMENT shall be changed to increase the maximum
compensation by $18, 050. The new consultant contract
budget shall be as outlined on pages 3 and 4 of
Attachment lA of this amendment.
4 . Time of Completion. Attachment A. Section E of the
Agreement shall be modified as follows: Within 35
OCT 16 '91 03:17PM PUBLIC WKS UTILITIES P.326
working days of the Consultant receiving notice to
proceed on the proposed modifications, the Consultant
will submit to the Commission a Draft Final set of plans
and specifications for review and comment by the
Commission. Following receipt of Commission commenter
final plans and specifications will by prepared by the
Consultant and submitted to the Commission within three
(3) weeks.
IN WITNESS WHEREOFr the parties have executed this AMENDMENT
on the year and date first written above.
CON:
By
/L
V I GTS �i2F�/�E.✓T
COMMISSION
By
Ron Dunin, chairman
ATTEST
John Dunnr Secretary
[ILT- 16 -91 WED 16 : 13 G3 P • 03 �-
ATTACHMENT 1A
Kennedy/Jenks Consultants
Engineers and Scientists
Marathon Plaza,Tenth Floor
303 Second Street
San Francisco,California 94107
7 October 1991 415.243.2150
FAX 415-896.0999
Mr. David Zweig 11
Water Projects Manager
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Subject: Modifications to Basis of Design, Plans and Contract Documents
Whale Rock Facilities Upgrade
K/J 900101.00
Dear Mr. Zweig:
It was a pleasure meeting with you and City of San Luis Obispo (CITY) staff on 22 August
1991 to discuss proposed modifications to the operational philosophy and design
constraints of the Whale Rock Facilities Upgrade Project. Although the proposed
modifications will result in several changes to the basis of design, plans and contract
documents for the Whale Rock Facilities Upgrade, Kennedy/Jenks Consultants (K/J) and
Leedshill-Herkenhoff, Inc. (LH) feel that the proposed modifications to the project enhance
and support the CITY's revised operation and maintenance philosophy.
Per our telephone conversation on 3 October 1991, the telemetry system design for the
Whale Rock system has been dropped from the scope of services described herein. It is
our understanding that Pump Stations A and B are to be provided with local controls only,
as was stipulated in the original 20 June 1990 contract.
The following presents a description of the proposed modifications to the project and the
estimated budget for K/J and LH to incorporate them into the project based on information
obtained from our 22 August meeting, the CITY's 5 September and 20 September letters
to K/J and several telephone conversations with Bill Hetland and yourself.
1. The allowable station shutdown time will be extended to five (5) days. This
extended shutdown time allows for the installation of station metering and isolation
valves which provide a better means to control the pump station capacity and
allows for the CITY's rehabilitation of the existing individual pump valves or other
station facilities not within the project. Because the CITY has decided not to use
the Hydra-Stop system, it is understood that the CITY will assist and advise the
Contractor with respect to draining the existing conduits for installation of the
meters and valves.
Kennedy/Jenks Consultants
Mr. David Zweig
City of San Luis Obispo
7 October 1991
Page 2
2. The new pumps will be provided with variable frequency drivers (VFDs) with solid
state controls. The existing pumps will be provided with electromechanical
controls. All controls will be specified as the products of one manufacturer to
maintain manufacturer consistency.
3. The pump station buildings will be of split-face block design. All architectural
"touches" will be eliminated.
4. One or two manufacturers will be listed in the specifications for the generator. K/J
and LH will reevaluate the required size of the generator to determine if it can be
reduced as a result of the VFDs.
5. The catwalks will be eliminated from the pump station buildings as requested by
CITY maintenance personnel. To satisfy OSHA requirements for an unobstructed
exit path, five exit doors will be provided for each pump station building.
6. The Chorro Lateral will be reevaluated with regards to hydraulic grade line to
coordinate with the water treatment plant improvements being designed by Black &
Veatch. K/J and LH will contact Black & Veatch, directly as instructed by the CITY,
and to obtain data regarding the water treatment plant improvements.
7. K/J and LH will develop revised construction costs to account for the modifications
described above, including the addition of the station metering and VFDs.
Kennedy/Jenks Consultants
Mr. David Zweig
City of San Luis Obispo
7 October 1991
Page 3
The estimated workhours and costs for incorporating the proposed modifications described
above are presented in the following table:
Item Estimated Estimated
Number Proposed Modification Workhours Cost
1 Add station metering/isolation valves 16 $ 900
2 Change pump drivers from
hydroconstant to VFD 64 $ 3,500
3 Change buildings to split-face block 12 $ 650
4 Specify generator size and equipment 4 $ 200
5 Remove catwalks/replace with five doors 121 $ 6,600
6 Evaluate Chorro Lateral 4 $ 200
7 Revise Construction Cost Estimate 8 $ 500
Project Management / Coordination /
Quality Assurance 50 $ 4,500
Direct Expenses $ 1,000
TOTAL WORKHOURS AND ESTIMATED
COST 279 $18,050
A summary of the previous construction cost estimate (prepared at the completion of the
95 percent submittal) along with estimates of the impacts on the estimate of the
modifications described herein is presented in Table 1.
Within 35 working days of K/J receiving notice to proceed on the proposed modifications,
K/J and LH will submit to the-CITY a Draft Final set of plans and specifications for review
and comment by the CITY. The Draft Final set will include the proposed modifications
defined herein as authorized by the CITY and review comments on the original project
scope of work as presented in the CITY's 3 June 1991 letter. Following receipt of CITY
comments on the Draft Final submittal, Final plans and specifications will be prepared by
K/J and LH and submitted to the CITY within three (3) weeks.
As shown above, we estimate that the additional work required to incorporate the
modifications described herein will require an increase to our contract budget of $18,050.
/0'��
Kennedy/Jenks Consultants
Mr. David Zweig
City of San Luis Obispo
7 October 1991
Page 4
A revised budget summary for the project is provided below:
Original Agreement dated 20 June 1990 $136,000
Credit for 35 Percent Progress Submittal Meeting [$2,500]
Requested Modifications, October 1991 $18.050
Proposed New Project Budget $151,550
If this proposal for additional services is acceptable, please provide us with written
authorization to proceed and an amendment to our contract dated 20 June 1990.
If you have any questions, please call either Elizabeth Teien at 415/243-2452 or Gerry
Nakano at 415/243-2441.
Very truly yours,
KENNEDYMENKS CONSULTANTS, INC.
Nct.—.2
Gerry S. Nakano, P.E.
K/J P 'ect Manager '
Donald R. Weiden
Vice President
cc: Jim Thomte, LH Project Engineer
Bill Bardin, K/J Project Director
asw�awwr�
.m.m,ahrh.oasa
Table 1
Impacts of Proposed Modifications
to Construction Cost Estimate
Construction Cost Estimate at 95 Percent Submittal:
Item Pump Station A Pump Station B Chorro P.S.
Controls $16,669 $16,669
Electrical $149,577 $151,062 $10,000
Mechanical $10,209 $10,209
Water System $87,714 587,714 511,122
Structural $73,792 $73.792
. �aeaaaaaaue tie==—a=ser xe---�=___
Subtotal $337,961 $339,446 $21,122
Combined Subtotal• Pump Stations A.B and Chorro $698,529
Overhead 15%
$104,779
Profit 10%
$69,853
Subtotal
$873,161
Tax 5%
$43,658
Total
$916,819
Construct=Cost Adjustments due to Proposed Modifications:
1. Add station metering(isolation valves
$21,784
2. Change pumps drivers to vFD $29,200
3. Change buildings to split-faee block SD
4. Specify generator size and egnipmeat SO
S. Remove eatwaGWiaatan five doors ($5,480)
6. Evaluate Chorro lateral SO
Subtotal
$45,504
Overhead(15%)and Profit(10%) $11,376
Subtotal
$56,880
Tax(5%) 52,844
-
Total
$59,724
Construction Cost Estimate at 95 Percent $916,819
Adjustments due to Proposed Modifications $59.724
Revised Construction Cost Estimate $976,543
rveosewr.wkl/et-5
04—Oct-91
CONSULTANT SERVICE CONTRACT
This contract, made this 20th day of June , 1990, by
and between the Whale Rock Commission (hereinafter referred to as
"Commission") , and Leedshill-Herkenhoff, Inca, an engineering
consultant (hereinafter referred to as "Consultant") .
WITNESSETH
WHEREAS, the Commission desires a study in accordance with
Attachment A; and
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. Commission. The Water Supply Supervisor shall be the
representative of the Commission for all purposes under
this agreement. The Water Supply Supervisor or his
designated representative hereby is designated as the -
Project Manager for the Commission 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 Commission's
representative. William J. Bardin is hereby designated
as the Project Manager for the Consultant. 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 Water Supply Supervisor.
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.
b. Laws to be observed. Consultant shall to the extent of
its abilities:
(1) Procure all permits and licenses, 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 Commission'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 Commission and shall
not be made available to any individual or organization
by Consultant without the prior written approval of the
Commission'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 Commission
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 Commission shall
compensate Consultant for the costs of duplicating of
such copies at Consultant's direct expense.
e. ' Ouallfication of Consultant. Consultant represents
that it is qualified to furnish the services described
under this agreement.
f. Follow-on Consultinc services. Commission and
Consultant agree that certain of the work to be
performed by Consultant cannot be defined adequately
2
/0
prior to the completion of the predesign services and
that additional consulting work related to the
execution of the project and not covered in Attachment
A will be needed during performance of this agreement.
It is intended that such categories of work be
classified as Follow-on Services. Follow-on Services
will be negotiated as they become defined.
3. DUTIES OF COMMISSION
The Commission shall provide the review and direction of the
project.
4. COMPENSATION
For the services described in Attachment A which are to be
performed by the Consultant, the Commission agrees to pay,
and the Consultant agrees to accept, compensation in
accordance with the methods and schedules set forth in
Attachment B. Compensation for follow-on services shall be
as set forth in the written authorization for such services.
Payment to the Consultant for completed work, is due upon
receipt of invoice by Commission.
5. TIME FOR COMPLETION OF THE WORK
Specific authorization to proceed with work described in
Attachment A shall be granted in writing by the Commission
within a reasonable time after the effective date of this
agreement. The Consultant shall not proceed with the work
without. such authorization. The work shall be completed
within 210 days after receipt of the authorization to
proceed.
6. TEMPORARY SUSPENSION
The Commission's Project Manager 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.
7. SUSPENSION/TERMINATION
a. Right to Terminate. The Commission retains the right
to terminate this agreement for any reason by notifying
Consultant in writing seven (7) 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, Commission shall be obligated to compensate
3
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 Commission 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.
8. INSPECTION
Consultant shall furnish Commission with every reasonable
opportunity for Commission 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 Commission'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.
9. OWNERSHIP OF MATERIALS
All 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 Commission, and shall be delivered to the
Commission upon demand. The Consultant -nay retain a
reproducible copy for their records.
10. ASSIGNMENT: SUBCONSULTANTS• EMPLOYEES
This agreement is for the performance of professional
services of the Consultant and is not assignable by the
Consultant without prior consent of the Commission in
writing. The Consultant may employ other specialists to
perform special services as required with prior approval by
the Commission.
11. NOTICES
All notices hereunder shall be given in writing and mailed,
4
C.: 'l0 mow
postage prepaid, by Certified Mail, addressed as follows:
To Commission: Whale Rock Commission
City of San Luis Obispo
955 Morro Street Obispo
San Luis Obispo, CA 93401
To Consultant: William J. Bardin
Leedshill-Herkenhoff, Inc.
303 Second St. Suite 880 North
San Francisco, CA 94107
12. INTEREST OF CONSULTANT
Consultant covenants that it presently has not 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 a officer or employee of
the Commission. It is expressly agreed that, in . the
performance of the services hereunder, Consultant shall at
all times be deemed an independent• contractor and not an
agent or employee of Commission.
13. INDEMNITY
Consultant hereby agrees to indemnify and save harmless
Commission, its officers, agents, and employees of and from:
a. Any and all claims and demands which may be made
against Commission, 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 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 Commission, its officers, agents, or employees
by reason of any injury to or death of or damage
suffered or sustained by any employee or agent of
Consultant under this agreement, however caused,
5
a
excepting, however, any such claims and demands which
are the result of the negligence or willful misconduct.
of Commission, its officers, agents, or employees;
d. ' Any and all claims and demands which may be made
against Commission, 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
violationof any law or regulation or of any term or
condition of any permit is due to negligence on the
part Qf 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 Commission, its officers, agents,. or employees
in any such suit, action or other legal proceeding,
when same were due to negligence of the Consultant.
14. 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
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.
15. INSURANCE
For the duration of this agreement, the Consultant shall
maintain the following minimum public liability and property
damage insurance which shall protect the Consultant from
claims for injuries, including accidental death, as well as
from claims for property damage which may arise from the
performance of work under this agreement. The limit of
liability for such insurance shall be as follows:
a. Comprehensive general liability insurance, including
personal injury liability and broad form property
damage liability. The combined single limit for bodily
injury and property damage shall be not less than
6
$500,000.
b. Automobile liability injury and property damage
liability insurance covering owned, non-owned, rented
and hired cars. The combined single limit for bodily
injury and property damage shall be not less than
$500, 000.
C. Statutory workers compensation and employers liability
'insurance for the State of California.
The Consultant shall also maintain professional liability
insurance covering damages resulting from errors or omissions of
the Consultant.. The limit of liability shall be not less than
$1,000,000 -
The
1,000,000 •The Consultant-shall submit to the Commission certificates for
each of the policies listed above. Each certificate shall
provide that the, insurance company give written notice to the
Commission at least 30 days prior to cancellation or any material
change in the policy. Certificates for comprehensive general
liability and automobile liability policies shall provide that
the Commission is named as an additional insured.
16. 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.
17. 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.
18. 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.
19. DISCRIMINATION
7
-�� `04�
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 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. 00)
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.
20. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between Commission 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. .
CONS L
C
By
W-
illiam J. BardnhdeLehirke
off,S
Inc:
WHALE ROCK COMMISSION
By.
Doug erard Chairman
8
• LEEDSHILL-HERKENHOFF, INC.
s08 Second Street,Suite 880 NOM
Sen Francisco.Ca0lomia 84107
4151243.OM ATTAMEW "A"
June 4, 1990
Whale Rods Commission
Attention: Mr.. William Hetland, Director
Utilities Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, Cardomia 93408
Subject: Design of Upgrades to Whale Rods Pump Stations
Scope•of Work for Proposed Engineering Services
Dear Commission Members:
In accordance with your request, LEEDSHILL HERKENHOFF, INC. (I-H) is pleased to
submit a proposed scope of engineering services to the Whale Rock Commission
(COMMISSION). The scope of engineering services is based on study recommendations
contained in the LH report Whale Rock Pump Stations Preliminary Design of Upgrade and
Expansion, dated January 1990.. The recommendations consist of expanding the flow
capacity of the Whale Rods System; reconfiguring the pipeline outlet at the water
treatment plant forebay;adding a backup power supply at each pump station; conducting
a surge analysis and design modification, if needed, to upgrade existing surge facilities;
and evaluating and designing improvements to increase the peak pumping rate at the
Chorro Lateral Pump Station.
The purpose of this project is to evaluate alternatives and design modifications for
increasing the pumping rate at Chorro Pump Station and to prepare contract documents
for the construction of the recommended improvements to the Whale Rock system and
Chorro Pump Station. LH has provided a detailed scope of work and cost estimate for
completion of the above tasks.
LH also will provide constriction administration services during construction of system
improvements; however, these services are not included as part of the submitted
engineering services, and a detailed scope of work and budget estimate will be provided
at the conclusion of the design phase of work.
SAN FRANCISCO - SAN DIEGO • DENVER • ALBUOUEROUE • SANTA FE • PHOENIX 610_�S
LNLEEDSNpl•HERI®iMOFF.RtG
Mr. Wilriam Hetland —
June 4, 1990
Page 2
A. SCOPE OF WORK
Task 1: Gather and Review Data
LEEDSHILL-HERKENHOFF will. conduct a project kick-off, meeting with
COMMISSION staff to review the major goals and objectives of this study;
identify and'dscuss any changes to the project that may have occurred since
LH's reconnaissanoe4evel field visit in the summer of 1989; assess project con-
straints; and. collect additionalL detailed information required to design this
project.
DuringLH's Phase 1 study of upgrading and expanding the Whale Rock Pump
Stations, existing data were collected. This information was appropriate for an
evaluation of the.current pump stations and evaluation of alternatives. However,
additional, more specific information will be required to conduct an in-depth
analysis of pipeline surge; evaluate existing pipeline conditions; evaluate the
Chorro Pump Station capacity; and design integration of pump station
operations into the recently installed telemetry system. Interviews and
discussions with staff operational personnel will also provide LH with insight into
the operational characteristics of the existing system
A field reconnaissance will be performed to verify and supplement previously
collected data and to obtain information on the Chorro Pump Station. Additional
field measurements will be made of the pump station sites to verify as-built
drawings. The piperine route will be traveled, and exposed valves will be
catalogued It is anticipated that the COMMISSION will provide a staff member
to assist in gathering information and performing field reconnaissance work.
Task 2: Evaluate Surge Protection
An analysis will be made of the surge protection capability of the existing Whale
Rock Pipeline. Design criteria for the surge analysis will be discussed with
COMMISSION staff and established in the Basis for Design document discussed
in Task 4. Once criteria are agreed upon, the UOT computer model by Stoner
Associates, Inc. will be used to evaluate transient pressures and flows in the
piperine. If model results show that surge-related pressures in the existing
pipeline exceed allowable levels, surge protection alternatives will be evaluated
for inclusion in the project design. The findings, conclusions and recommenda-
tions from the surge protection evaluation will also be included in the Basis for
Design document
. - Y
MLEEOSNILL•NOWINNOFF.W.
Mr. WiilGam Hetland —'
June 4, 1990
Page 3
Task 3: Evaluate Chorro Pumo Station
LH will conduct an evaluation to determine alternative ways to increase the peak
pumping rate. Alternatives which have been identified and which will be studied
in further detail include replacing or increasing the number of existing pump
bowls,'revising electrical equipment to allow simultaneous operation of the two
pumping units, changing the pump speed, and replacing one of the pumping
units. LH will develop cost estimates for practicable alternatives and develop a
recommended course of action. _Five copies of the analysis and recommenda-
tions will be'submitted to the COMMISSION for review and comment.. Once
comments are received, LH will incorporate the findings; conclusions, and
recommendations in the Basis for Design document prepared under Task 4.
Task 4: Establish Design Criteria
Upon-completion of Tasks 1 through 3 and discussions with COMMISSION staff,
LH will prepare a Basis for Design document setting forth design criteria,
responsibidies of project participants, results of the surge analysis, results of the
Chorro Pump Station evaluation, a specifications outline, and drawing list The
Basis for Design establishes criteria to be met in design of the project features
which include the following elements:
- Selection of 2-200 hp variable speed pumping units and motors, selection
of pump and motor layouts and design of associated valving and piping at
each pumping station.
- Structural design of slabs for new units, new concrete block superstructure,
including sound attenuation and ventilation at Pump Station A,and upgrade
of steel siring superstructure, at Pump Station B. As part of design, LH will
investigate local ordinances/requirements for sound attenuation for Pump
Station A.
- Design of new electrical control buildings and complete new electrical
systems for both existing and new pumps at each pump station.
- Design of emergency generators to provide back-up to a single pump at
each pump station in case of power failure.
L1'10"�7
L� ®
LSHILL-HERKENNOFF,W.
Mr. William Hetland —
June 4, 1990
Page 4
Design of the COMMISSION's portion of the new electrical service entrance
at each pump station. Coordination with PGandE for PGandE portion of the
electrical service entrance.
- Specification of new instrumentation and local controls components
-compatible with the new City of San Luis Obispo's `telemetry/SCADA
cdntrol'system'. It is assumed that the telemetry/SCADA control system
'black boxes' in the existing pump stations will be re-located to the new
electrical control buildings and that no control system design or associated
communication rinks will be required other than instrumentation and local
control components.
Design of a bypass at EP powerplant to allow flows to bypass the
powerplant and go .directly to the water treatment plant forebay.
Modification of facilities to incorporate surge-related details, excluding major
surge protection improvements.
Modification of Chorro Pump Station to increase the pumping capacity.
Five copies of the Basis for Design will be submitted to the COMMISSION staff for review
and approval. LH will proceed with final design when approval of the Basis for Design
and surge protection and Chorro Pump Station analyses and recommendations are
received from COMMISSION staff.
Task 5: Preparation of Drawings and Contract Documents
a. Prepare 35 Percent Progress Submittal
Final design drawings, contract documents, a cost estimate and a construction
schedule will be prepared using the agreed-upon design criteria LH anticipates
a 35 percent progress submittal to the COMMISSION staff for review and
comment The submittal will include drawing layouts, draft contract documents,
preliminary cost estimate and construction schedule. Five submittal sets win be
provided to the COMMISSION. COMMISSION staff will have two weeks to
review and comment on LH's submittal. LH staff will be available to meet with
COMMISSION staff to discuss their comments to the submittal. Design changes
made after approval of the 35% submittal will be considered as changes in
scope and completed as additional services.
�=lo aZ8
LMLEEDSXILL•NEAI MHOFF.NQ
Mr. William Hetland —'
June 4, 1990
Page 5
b. Prepare Final Submittal
After COMMISSION staff approval of the 35 percent submittal, LH will prepare
final drawings, contract documents, construction cost estimate and schedule for
a single construction contract in sufficient detail and.clarity for construction by
an experienced contractor.
It is anticipated that 24 drawings will be submitted for design of the-electrical
system, pump system and pipeline surge.protection facilities:. a cover sheet with
a vicinity map, one sheet showing locations for the surge protection facilities,
one detail sheet for surge protection facilities, two site layouts for the pump
stations, two detaff sheets for civil and mechanical work for the.pump stations,
one detail sheet for the EP powerplant bypass,eight sheets.for electrical and
controls systems site, righting, power and instrument plans, and eight sheets
for electrical details including one-line diagrams, schedules, schematics and
"details.
Although dependent upon results of the Chorro Pump Station evaluation, it is
assumed that two additional drawings will be required for Chorro Pump Station
modifications.
Using estimated construction quantities determined in preparing the final
contract documents, a detailed construction cost estimate will be prepared.
All drawings and contract documents will undergo a quality assurance review by
LH prior to submittal to the COMMISSION.
The final construction documents, construction schedule and the construction
cost estimate will be submitted to the COMMISSION staff. The date for receipt
of bids will be established. One set of reproducible drawings and one unbound
set of contract documents will be provided to the COMMISSION staff for
reproduction and distribution by the COMMISSION to bidders.
Task 6: Assist COMMISSION with Bidding Award and Pre-Bid Conference
LH will assist COMMISSION staff with distribution of the contract documents to
contractors-and suppfers, interpretation of the drawings and contract documents
during the bidding period, preparation of technical addenda, and attendance at the
pre-bid conference.
MuEDS„LL.MEFIKENNOFF:-M
Mr. Wiiff6m Hetland _
June 4, 1990
Page 6
B. ADDITIONAL SERVICES
If requested and authorized by the COMMISSION,the following additional services will be
provided: .
1. Meetings and presentations in addition to those specified in Tasks 1, 5 and 6.
2 Copies of reports, drawings, and contract documents submittals in addition to
those specified in Tasks 4 and 5.
3. Work resulting from changes in the drawings or specifications made at the
direction of the COMMISSION staff after approval of the 35 percent submittal.
4. •Design of major surge protection improvements beyond the surge-related details
described under Task 4 or preparation of more than the two drawings assumed
for surge protection details as described under Task 5.
5. Preparation of more than the two drawings assumed for Chorro Pump Station
modifications as described under Task 5.
6. Assistance in preparing construction permit application or obtaining necessary
regulatory approvals.
7. Conducting detailed sound attenuation analyses for Pump Station A, if required
to meet local ordinance requirements.
8. Any other work item not specifically mentioned above.
C. COMMISSION-FURNISHED SERVICES
It is agreed that COMMISSION will provide the following:
1. Copies of relevant reports, boundary maps, as-built drawings, etc., including
record drawings, manufacturer's literature, and pump curves for the Chorro
Pump Station.
2 Permits and approvals from regulatory bodies."
L➢io-30
LMSMILl•MENIOIMOFF.MC `
Mr. William Hetland _
June 4, 1990
Page 7
3. Coordination and arrangement with adjacent residents needed to construct the
proposed modifications.
4. Standard drawings, details and general conditions section of the bid documents.
5. Staff.personnel for assistance during LH field reconnaissance and for routine
monitoring ofi the contractor's progress during construction.
6. Free and clear access to the project sites and adjacent areas as required for LH
to perform ita duties under this scope of work.
D. FEES AND CONDITIONS:
1. Consulting engineering services will .be provided in accordance with LH's
Standard Schedule of Fees, a copy of which is attached.
2 Based on LH's knowledge of the work described herein, it is recommended that
COMMISSION budget$126,200 for all work except that related to Chorro Pump
Station and $9,800 for work related to Chorro Pump Station. LH's total fee will
not exceed the combined$136,000 budget amount without written authorization
from the COMMISSION.
3. Estimated fees and budget amounts for additional services will be established
at the time such services are authorized by the COMMISSION.
E. TIME FOR COMPLETION
1. The Basis for Design, including pipeline surge analysis and evaluation of Chorro
Pump Station, will be submitted to the COMMISSION within 60 days following
notice to proceed.
2. The 35 percent submittal (final construction contract documents and cost
estimate described in Task 5) will be submitted to COMMISSION within 60 days
following COMMISSION approval of the conceptual design. The final submittal
will be made within 60 days of receipt of comments from the 35 percent
submittal.
LMLEEDSMILL•MERKOiMOFF.MC.
Mr. Wilriam Helfand —'
June 4, 1990
Page 8
LEEDSHILL-HERKENHOFF appreciates the opportunity to prepare this proposed Scope
of Work for the COMMISSION. We look forward to working with you on the project If
you have any questions about the foregoing, please contact Bill Manderscheid, Polly .
Boissevain or myself at 415/243-9980.
Respectfully submitted, .
L/E�EDSHILL-HERKENHOFF, INC. _.
Witt Bardin, P.E.
Vice President
Enclosures
p900029.agr/bdl a
ATTACHMENT B
MUMMMILL•M M MMOFF.WG
COMPENSATION
1. Consulting engineering services will be provided in aocordance.with LEEDSHILL-
HERKENHOFF,- INC.'s 1990 Standard Schedule of Fees, a copy of which is
attached.
2 The total fee for all work specifically described in the Scope of Work is estimated
at$136,000. LEEDSHILL-HERKENHOFF, INC. will work on a%me and materials'
basis with total billings not to exceed$136,000. LEEDSHILL-HERKENHOFF, INC.'s
total fee will not exceed $136,000 without written authorization from the Whale
Rods Commission.
3. Fees for Additional Services will be established at the time such services are
requested and.authorized by the-Whale Rods Commission.
MLEENNILL-MERK800M.W.
1990 STANDARD SCHEDULE OF FEES
LEEDSHILL-HERKENHOFF follows the method set forth In Manual No. 45 of the American Society of Civil
Engineers for establishing fees. A new schedule of fees is issued at the beginning of each year. Unless
other arrangements have been made, fees for all work, including projects initiated In the prior year, are
based on the new schedule of fees.
PERSONNEL
Personnel charges for staff time spent on technical work, Including typing and preparation of reports,are
computed by multiplying salary cost by 2S. Salary cost includes direct payroll costs,payroll taxes,vacation,
holidays, sick leave, retirement, and employee insurance. Current rates are as follows:.
•Ciassiflgtion Hourly Salary Cost
Technical typing and aides $11.00 to $24.00
Technical Librarian 13.00 to 24.00
Drafter 12.00 to 24.00
Designer 18.00 to 28.00
Design Engineer 16.00 to 24.00
Assistant Engineer 19.00 to 27.00
Engineer 22.00 to 33.00
Senior Engineer 24.00 to 44.00
Principal Engineer/Gedogtst 35.00 to 55.00
Consultant 35.00 to 55.00
Senior Consultant 40.00 to 55.00
Time spent in travel In the Interest of the client is charged at standard rates but no more than 8 hours'travel
time is charged for any day. Time spent in court, hearings or depositions on behalf of the dent is charged
at 150% of the above rates, with a minimum of 4 hours charged for an a.m. car p.m. appearance and a
minimum of 8 hours charged for an a.m.Md a p.rrL appearance.
SERVICES OF CONSULTING SPECIALIST AND SUBCONTRACTORS
For reimbursement for the amounts paid by the Engineer to each consultant and subcontractor for services
and expenses directly connected with the work Actual cost plus 10% service charge.
DIRECT EXPENSES
For reimbursement of direct expenses incurred solely in performance of the work including, but not limited
to,subsistence, lodging,and transportation expenses for personnel while working in the field;communica-
tion expenses; in-house computer operations;and charges for printing and reproduction:Actual costs plus
10%service charge.Charges are not made for general secretarial services,office management,accounting,
and maintenance since these items are included in overhead.
INVOICES
Invoices are rendered monthly, either as a final or partial billing,and are payable upon receipt unless other
arrangements have been made previously.
900101/schedule.fee/2a
MEEING DATE:
October 30, 1991
WHALE ROCK COMMISSION REPORT MiM NUMBER:
FROM: Wham T. Hetland, Utilities Directo epared By: Robert Hamilton
SUBJECT:
Chorro Water Meter Replacement - Status Report
BACKGROUND:
On August 8tb, the water meter at the Chorro Reservoir turnout serving the California
Men's Colony was disassembled and inspected for repair. Originally installed in 1960 as
a compound meter capable of measuring very low flows, this meter has been converted
to a turbine type main line meter in recent years.
Initial inspections indicated severe damage to the impeller which had rendered the meter
totally inoperative. The manufacturer could give no indication as to why the meter had
failed in this manner. Subsequent study of the meter specifications indicated that the
meter had an excessively high pressure drop through the unit, contributing to reduced
flows to the water treatment plant, and increased pumping costs due to additional
pressure requirements at the Chorro turnout. Staff decided that replacement of the
meter was warranted.
A Rockwell Model 101 mainline water meter was installed which has improved flow
characteristics which will reduce backpressure through the Chorro turnout by
approximately 25 feet of water pressure (10.8 p.s.i.) and reduce energy requirements by
a corresponding amount. This will reduce operational costs and provide more efficient
operation of the conduit, while providing increased flows to the Chorro treatment facility.
The Rockwell meter is also capable of delivering more water in gallons per minute at
higher levels of accuracy.
Estimated replacement cost of the meter is approximately $2,500 since force account
labor was utilized for the installation, which was completed on October 14th, 1991.
RECOMMENDATION:
Receive and file.
is-3.�
M&TING DATE
October 30, 1991
WHALE ROCK COJA
MISSION REPORT rMMNUMSM:
FROM: William T. Hetlan Utilities Director Prepared By: Robert Hamilton
SUBJECT: Feasibility study on steelhead hatchery
BACKGROUND:
The Whale Rock Commission and staff have historically had a great deal of difficulty
maintaining the level of fishery at the Whale Rock Reservoir. The Department of Fish
and Game (DF&G) has insisted that the lake's steelhead gene pool remain pure, which
has made it very difficult for staff to acquire small fish each year for planting. A
Superior Court decision upheld by the State Supreme Court, requires that the
Commission annually plant over 17,500 steelhead in the reservoir to mitigate the Project's
impacts on the original Old Creek tributary. DF&G has not strongly enforced this
requirement because of the difficulty in obtaining "Whale Rock" steelhead.
In reviewing the situation with the Department of Fish and Game representatives
on September 26th, the Department's local supervisor expressed concerns that the
steelhead population within the reservoir may be approaching the last year or two of
fertility. DF&G is concerned that the current drought has impacted the Whale Rock
steelhead fishery by reduction of runoff water available for spawning.
In addition to these immediate concerns, the DFG has agreed to assist staff in preparing
a feasibility study. The goal of the study will be to find the most cost efficient method
to maintain an effective fishery at Whale Rock. It will look at using other commercial
hatcheries on a contract basis and construction and operation of an on site steelhead
hatchery. The Department of Fish and Game feels that Whale Rock may be an ideal
location for incubation and development of local steelhead trout. The purity and
temperature of the source water, in conjunction with mandated downstream releases
provide a suitable scenario for hatchery consideration. Development of this small scale
hatchery would enable the Commission to closely control steelhead production and
better enable staff to meet the Court mandated planting requirements.
RECOMMENDATION:
Staff recommends continued cooperation with the Department of Fish and Game in
procuring native broodstock for immediate spawning and to maintain the Whale Rock
steelhead including development of a feasibility study for maintaining a steelhead fishery
at the Whale Rock Reservoir.
e-/D-3!o
MEEnNG M7-
October 30, 1991
WHALE ROCK COMISSION REPORT REMNUMBM:
ROOM: William T. Hetlan Utilities Director Prepared By: Robert Hamilton
SUBJECT:
Mainini Property
BACKGROUND:
The Cayucos area water agencies operate several domestic water wells downstream from
the Whale Rock Reservoir on Old Creek tributary. The Whale Rock Commission
maintains a percolation ponding area immediately below the dam site for recharge of the
groundwater basin in the area At times, these wells have over pumped the groundwater
basin and caused air entrainment in these water supplies. To compound matters, the
Whale Rock Commission does not have legal ownership of the ponding area, or a formal
agreement for access to and maintenance of these ponds.
At the Whale Rock Commission meeting held on June 19th, 1991, staff was directed to
initiate action to acquire the five acre percolation ponding area parcel and the 12.7 acre
parcel adjacent to the existing ponds.
In response to this directive, staff has met with the Mainini family's legal representative
on two occasions with limited results. While the Maininis would be receptive to a long-
term lease of the parcels, it appears that they are not interested in sale of the property
per the attached letter from the Mainini s legal representative Ogle and Merzon dated
October 12, 1991. Their attorney is requesting a hearing before the Whale Rock
Commission in regard to this matter.
RECOMMENDATION:
Receive report and request direction from Commission on proposed acquisition of these
parcels.
Attachment
P 02
i
1 ALw n►►1e►s
DOLE 6 bl=()N
A►ARR4R4R10 INC"O O raoreaaro"AL coR►ORAnoMG
VI&m" v OULi' irU MUMR63 DAY ■OULlVARD rAX; 14051 "a-7713
JAMu R.MSA3o..• 140MM NAT. CALWOMM 1344"M
VI IARL 6 IURR4MN6R IMVOI iia 74LJ•PRUIeATC 770 PTO=
VIAL" U'• Lu MAIL TO. Reay errlce PDX 730
October la, 1991
Mr. itcbert Hamilton
Whale stock Project
108 Old Creek Road
c:ayucos, CA 93430
Re: Mainint Property
Whale Rock Project
Dear Mr. Hamilton:
=n reply to your letter to me of September 26, 1991, 1 did
meet with Anna Mainint and her daughter, Jane Buffuna, concerning
that letter--as well as preceding correspondence and an examination
of all relevant documents. Mrs. Buffuna is the named executor _in
Angelo Mainini*s Will and is in the process of petitioning the
court for appointment. This means that, during the period of
administration of Angelo Mainini's estate, all decisions concerning
the Mainini property will necessarily be made by both Anna Mainini
and Jane Buffuna, in .her capacity as executor.
I have no intention of authoring an argumentative letter;
nonetheless, in the strongest possible terms, both of my clients
have instructed me to advise the Whale Rock commission, through
you, that they most strenuously object to any possible condemnation
of their property, and will resist any condemnation attempt at
every level, for instance through the judicial process as well as
politically.
My clients' position is based upon the premise, among others,
that any proposed condemnation is not authorized by any valid
Public use concept, it is unnecessary and it is unfair. Moreover,
they argue that acquisition by condemnation is not in the best
interest of the Whale Rock project.
The acquisition of the Mainini property was, obviously, not
deemed necessary when their property was condemned many years ago
for the construction of the dam and reservoir. Any "pounding"
requirements, aver the years, have been made available to the
Whale Rock project, by the Maininis, ' at a dirt-cheap rent. Any
new requirements for a larger pounding area,
mor restriction of
caL.tle yrazing, or similar matters have alr�ays, and are, agreed
Lo by the Maitainl faily.
P 03
■
raw arrleea
OGLE S MEAZON
Mr. Robert Hamilton
October 12, 1991
Page two
Your files will reveal that the proposed enlarged use,
described above, has been the subject of negotiation for two or
three years now. The Maininis have requested a very fair rent
adjuaLment to compensate them for this enlarged use by the
Whale Rock project. Instead they have been met by the threat
of condemnation. The most simple, mathematical exercise will
easily demonstrate that the yearly rent requested by the
Mainini family would not match the interest figure alone on the
funds the whale Rock project would expend to acquire the
property. The Maininis argue that such an expenditure of funds
would not be prudent.
I formally seek your written assurance that a copy of this
letter will be delivered by you to each member of the Whale
Rock commission as well as all administrative people- who are
involved. The Maininis, or their representatives, request a
hearing before the commission, concerning this letter and the
condemnation threat, before any further condemnation-related
activities are undertaken.
Sincerely,
e
cEo:dkr
CC: Anna Mainini
Jane Burfuna
e-10