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HomeMy WebLinkAbout01/09/2001, C8 - CONTRACT FOR PHASE II GROUNDWATER EVALUATION STUDYAD counat acEnba nEpont C I T Y OF S A N L U I S O B I S P O M.fi"Dw Jan. 9 2000 Im N.bv C8 FROM: John Moss, Utilities DirectJrZter Prepared By: Gary Hender Division Manager Arild SUBJECT: Contract for Phase 11 Groundwater Evaluation Study CAO RECOMMENDATION Approve contract with TEAM Engineering and Management for an amount not to exceed $27,000 for preparation of the Phase II Groundwater Evaluation Study and authorize the Mayor to execute the contract. DISCUSSION Background In 1998, staff identified the need to study the San Luis Groundwater Basin to determine if additional long -term water resources could be supplied from this source to meet the City's water demands. The idea was to evaluate the use of the groundwater basin in conjunction with the City's two surface water supplies to potentially increase the safe annual yield from all of the sources. As a component of the Council's 1999 -01 Major City Goal for Long Term Water Supply Development, it was identified that the groundwater basin analysis would be completed and presented to Council in the summer of 2000. The City Council approved a contract with TEAM Engineering and Management to prepare an evaluation of the potential for increasing water supplies from the groundwater basin. The study was completed in July of 2000 and presented to Council in August. The preliminary analysis indicates that conjunctive use of groundwater along with our surface water supplies could increase the safe annual yield by approximately 900 acre feet per year to a total of 8,430 acre feet (for year 2001). Based on the results of this study, Council directed staff to prepare a contract amendment with the consultant for additional analysis relative to potential impacts to riparian, stream, and subsidence issues. These issues need to be addressed prior to initiating review for CEQA related issues. Phase H Groundwater Study The purpose of the Phase II study will be to perform the analysis that Council requested. In order to accomplish this, it will be necessary to develop a groundwater simulation computer model for the San Luis Groundwater Basin. The Department of Water Resources (DWR) has completed a draft evaluation of the San Luis and Edna Valley Groundwater Basins several years ago. The study included the development of a groundwater simulation computer model which would be useful for the additional studies identified under this proposed contract. The draft study has not been finalized and an estimated date for finalization can not reliably be counted on based on past C8 -1 Council Agenda Report — Phase II Groundwater Evaluation Study Page 2 experience with the DWR. City staff review of the draft study noted several problems and inconsistencies which DWR has indicated have been corrected. Since the report has not been finalized, DWR's policies do not allow release of the computer model for our use. DWR has offered to allow the City and our consultant to review the information at their offices and meet with staff that were responsible for the report. This will likely assist in the preparation of the computer model for the San Luis Groundwater Basin and minimize costs. The scope of work (Exhibit A to Attachment 1) identifies the tasks to be covered in the next phase of studies associated with increasing groundwater production. The main purpose of the study is to analyze various groundwater pumping scenarios and evaluate potential environmental impacts which could occur as the result of the increased extractions. The main areas of potential impacts are associated with potential reductions in stream flow, riparian vegetation impacts, and ground subsidence. The intent of the study will be to develop pumping strategies that will not result in impacts to the environment. Based on the analysis of potential pumping scenarios, the computer spreadsheet model which was used in the previous study will be utilized to evaluate the potential increase in safe annual yield for the City. In addition, the study will provide recommendations for siting new wells which will be necessary to achieve the groundwater quantities identified in the report recommendations. Next Steps and Schedule The following list identifies the anticipated steps through project construction for the groundwater program. The schedule is optimistic and may change as the program is more clearly defined in the future. Steps 1. NPDES Permit Resolution 2. Environmental Review 3. Well / Treatment Site Selection & Acquisition 4. Preliminary Design 5. Final Design 6. Construction Estimated Start / Completion May 00 — June 01 April 01— July 01 May 01— November 01 July 01— January 02 January 02 — March 02 June 02 — March 03 C8 -2 Council Agenda Report — Phase II Groundwater Evaluation Study Page 3 FISCAL IMPACT The contract for the Phase Il Groundwater Study with TEAM Engineering and Management requires funding not to exceed $27,000. The previous contract with TEAM Engineering and Management for Phase I included $5,000 for contingencies. None of the contingency was utilized under the previous contract and is available to support a portion of the funding. The additional $22,000 is available in Water Fund carry-over which has approximately $490,000. ALTERNATIVES The Council could decide not to pursue the continued investigation of the potential of increasing safe annual yield of the City's water resources through the coordinated operations of our surface water and groundwater resources. Staff does not recommend this alternative since the City must secure additional water resources to meet the goals adopted in the General Plan and this project may prove to be significantly less expensive on a cost per acre foot basis than other alternatives currently being pursued. ATTACHMENTS 1. Agreement with TEAM Engineering and Management for consultant services C8 -3 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and TEAM Engineering and Management, Inc., hereinafter referred to as Consultant. WITNESSETH: WHEREAS, the City wants to analyze the potential for increasing water supplies for the City of San Luis Obispo through the coordinated operations of our source water reservoirs and groundwater resources. WHEREAS, Consultant has worked with the City on the Salinas Reservoir Expansion Project and has first hand knowledge of the operation of the computer model which will be utilized for evaluating increased water supplies. WHEREAS, Consultant has completed a preliminary study of increasing the water resources available to the City through a coordinated operation of the two surface water reservoirs and the expanded use of groundwater. WHEREAS, additional analysis is necessary to evaluate the potential impacts associated with increasing groundwater extractions from the San Luis Groundwater Basin. WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as fast written above, until acceptance or completion of said services. Consultant shall complete the work as outlined in the proposal within 8 weeks from execution of this Agreement. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed $27,000. 3. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set XMA Agreement Page 2 forth in Exhibit A attached hereto and incorporated into this Agreement. Consultant further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant TEAM Engineering and Management, Inc. P.O. Box 1265 Bishop, CA 93515 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year fast above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Administrative Officer APPROVED AS TO FORM: CONSULTANT fir/Pi ROP'.. ;d / f/. 1 7A YJ C8 -5 Exhibit A SCOPE OF WORK Introduction The City of San Luis Obispo utilizes water from Salinas and Whale Rock Reservoirs to meet the majority of the water demand for the community. In addition, the City currently uses a small amount of groundwater from the groundwater basin which is designated as San Luis Groundwater Basin 3 -9 by the Department of Water Resources. The City had not utilized groundwater since the 1940's, but due to the drought which began in 1986, the City began a groundwater program to supplement dwindling water supplies in our surface water reservoirs. During the period of 1990 through 1991, the City pumped approximately 2,000 acre feet each year to stretch our water resources. The extensive drought and subsequent lowering of the groundwater levels resulted in ground subsidence in the area which caused damage to several buildings. . An evaluation of the potential for increasing water supplies for the City of San Luis Obispo through a coordinated operation of our two surface water reservoirs and use of groundwater was completed by TEAM Engineering and Management in July 2000. The study revealed the potential to increase the safe annual yield available to meet City water demands by approximately 900 acre feet per year. Increasing groundwater extractions has the potential to cause impacts to existing creek flows or cause additional subsidence. The next phase of study will involve the development of a groundwater basin simulation model which will be utilized to assess these potential impacts. The following tasks are identified for this study. Task I: Evaluate DWR Groundwater Model The Department of Water Resources has developed a groundwater simulation computer model for the San Luis and Edna Valley groundwater basins. There were problems encountered during development and calibration of the computer model. The report for the DWR study has not been finalized and as such, the computer model can not be released for use in this study. The information can be reviewed at DWR offices. This task involves meeting with DWR staff in Glendale and obtaining additional information and details on their modeling effort in order to better understand the problems associated with calibration and model development. Task 11: Data Compilation and Input Design groundwater model grid and compile necessary input data. Review available stream flow data and subsidence information for use in evaluating potential impacts. Task III: Model Calibration Calibrate and refine groundwater computer model using historic groundwater levels and pumping records. The model shall be calibrated to closely simulate historic information relative to how the groundwater basin responds to increased pumping levels and rainfall events. C8 -6 Exhibit A. Scope of Work Page A-2 Task N: Groundwater Pump Scenarios Develop various groundwater extraction scenarios with input from City staff. Operations scenaios shall be developed based on available storage in the reservoirs to assist in future operation decisions relative to annual groundwater production. Task V: Analyze Various Pumping Scenarios Utilizing the calibrated groundwater computer model, analyze various pumping scenarios to maximize potential groundwater production while minimizing or eliminating potential impacts. In addition, analyze and evaluate potential new well sites and provide recommendations to achieve increased groundwater production. Task VI: Analyze Safe Annual Yield Based on the results from Task V, evaluate various pumping scenarios to develop optimal operation strategies for maximizing the safe annual yield available to the City from all water sources. The spreadsheet model developed in the previous study will be utilized to evaluate additional yield. Task VII: Written Report The Consultant shall prepare a draft report for City review and comment. Comments shall be addressed and/or incorporated into the final report. The final report shall have an executive summary that is written to provide a clear understanding to non - technical readers. The report shall discuss the data and assumptions used, level of confidence in the results based on identified data limitations, and present the findings, recommendations and conclusions of the study. The report shall provide all information necessary to complete the environmental review process relative to potential impacts associated with increased groundwater extractions. 1 *63VA Exhibit B CONTRACT PERFORMANCE 1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781 -7134. 2. Ability to Perform. Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Consultant is required to pay. 5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Consultant's operations, it shall be replaced or restored at Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 9. Immigration Act of 1986. Consultant warrants on behalf of itself and all sub - Consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Consultant Non - Discrimination. In the performance of this work, Consultant agrees that it will not engage in, nor permit such sub - Consultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, -or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time Exhibit B: Contract Performance Terns Page B•2 of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Consultant (Net 30). 13. 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 contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 15. Interests of Consultant. Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Consultant further covenants that, in the performance of this work, no sub - Consultant or person having such an interest shall be employed Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or Ii iho established for damages or injuries to any person or property, including injury to Consultant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Consultant, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same, provided, however, that Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, offuers or employees. 17. Year 2000 Compliance. The Consultant wan-ants that the goods or services provided to the City, including those provided through subConsultants, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault -free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Consultant. Upon request by the City, the Consultant will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18. Contract Assignment. Consultant shall not assign, transfer, convey or otherwise dispose of the . . contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. C8 -9 Exhibit B: Contract Performance Terns Page B-3 19. Termination. If, during the term of the contract, the City determines that Consultant is not faithfully abiding by any term or condition contained herein, the City may notify Consultant in writing of such defect or failure to perform; which notice must give Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract. In said event, Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for ,goods or services as of the last milestone or task satisfactorily delivered or completed by Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Consultant shall be based solely on the City's assessment of the value of the work -in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Consultant be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Consultant as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Consultant as part of the work or services under these specifications 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 . 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Consultant is required to furnish in limited quantities as part of the work or services under these specifications, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 23. Required Deliverable Products. Consultant will provide: a. Five copies of the final report which addresses all elements of the workscope. Any documents or materials provided by Consultant will be reviewed by City staff and, where necessary, Consultant will respond to staff comments and make such changes as deemed appropriate. b. One camera -ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction. C8 -10 Exhibit B: Contract Performance Terms Page B-4 C. When computers have been used to produce materials submitted to the City as a part of the workscope, Consultant must provide the corresponding computer files to the City, compatible with the following programs whenever possible: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw, Pagemaker • Computer Aided Drafting (CAD) AutoCad Computer files must be on 31/2 ", high - density, write- protected diskettes, formatted for use on IBM -compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to one public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or sub - Consultants. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1(any auto). • Workers' Compensation insurance as required by the State of California and Employers Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Consultant's profession. b. Minimum limits of insurance. Consultant shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employers Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self - insured retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or Consultant shall procure a C8 -11 Exhibit B: Contract Performance Terms Page &5 bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Consultant's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance .policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL f. Verification of coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C8 -12