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HomeMy WebLinkAbout08/19/2003, C4 - GROUNDWATER DEVELOPMENT PROJECT council Aug. 19, io j acenaa uepoRt C CITY O F SAN LUIS OBISPO FROM: John Moss,Utilities Direc*N--" Prepared By: Gary W.Henderson,Water Division Manager SUBJECT: GROUNDWATER DEVELOPMENT PROJECT CAO RECOMMENDATION Approve the contract with Stetson Engineers Inc. for Phase 1 services for the Groundwater Development Project for an amount not to exceed$125,750 and authorize the Mayor to execute the contract. DISCUSSION Background The City of San Luis Obispo has been pursuing the opportunity to increase the City's available water resources by increasing the use of groundwater for a number of years. Several studies have been undertaken to determine the additional yield from the groundwater basin as well as the potential impacts associated with increased withdrawals. While the studies indicated that significant increases in groundwater pumping could have impacts on stream flows in San Luis Obispo Creek, adequate historical data is not available to quantify the impacts. In June of 2002 Council identified increasing production from groundwater as a Tier 1 (highest priority)water supply project. The project goal will be to develop the necessary facilities to allow the City to produce 1,000 acre feet of groundwater per year. The project may include an exchange of recycled water from the City's Water Reclamation Facility with agricultural groundwater users. Agricultural exchange opportunities may provide 400—800 acre feet of groundwater for City potable uses. The groundwater in the area bounded by Los-Oros Valley Road—Madonna Road—South Higuera Street is contaminated with nitrate and tetrachloroethylene (PCE). This area provides the greatest potential for groundwater production but will require the construction of water treatment facilities to remove these contaminates. On May 6, 2003, the City Council approved the request for proposals for the Groundwater Development Project and authorized staff to solicit proposals. Proposals were received on June 11, 2003 from five consulting firms. A review committee interviewed the two top ranked firms and selected Stetson Engineers based on their relevant experience and the overall team that was brought together for the project. Scope of Work As presented to Council on May 6, 2003, the revised strategy for moving forward with Council Agenda Report—Groundwater Development Project Page 2 increasing groundwater production envisioned an agricultural exchange of groundwater for recycled water which would minimize potential impacts to the creeks in the area. During proposal review and discussions with the consultants, it was identified that additional technical analysis of the potential impacts to surface water flows in the creek from increased groundwater pumping was warranted and has been included in the Phase 1 scope of work. The proposed scope of work as described in more detail in Exhibit A of Attachment 1 has been broken into three phases. The approval of this agreement with Stetson Engineers is only for the work scope items identified as Phase 1. The Phase 1 work scope includes the following tasks which will provide the preliminary design report and initial environmental screening for potential project"fatal flaws".. Phase 1: ■ Hydrogeologic and well capacity evaluation ■ Groundwater quality evaluation ■ Analysis of alternative treatment methods ■ Alternative treatment plant sites and pipeline routes ■ Analysis of potential blending of water sources ■ Treatment waste stream impacts to WRF effluent quality&use for irrigation ■ Hydrologic impact analysis ■ Initial consultation with National Marine Fisheries Service ■ Preliminary environmental review ■ Cost comparison of alternatives ■ Summary report and-recommended project alternative Phase 2: ■ Geotechnical work ■ Site surveying ■ Preliminary facilities design • Operational strategy to minimize environmental impacts ■ Compliance with CEQA ■ Preparation of technical studies ■ Preparation of initial environmental study ■ Consultation with State Department of Health Services &RWQCB ■ Refined cost estimate for project Phase 3: ■ Final plans and specifications for facilities ■ Staffing evaluation for new treatment facilities ■ Engineers final cost estimate The detailed scope of work is provided in Section A of Attachment 1 to this report. The scope of work identified for Phases 2 and 3 will likely be revised following completion of each previous phase. The contract for the project will be awarded and negotiated for each phase as project 04 '0- I Council Agenda Report—Groundwater Development Project Page 3 details are refined. The schedule for completion of the work under this project will seek completion of plans and specifications by spring 2005 so that construction may begin summer 2005. FISCAL IMPACT The 2003-05 Financial Plan (Appendix B,Capital Improvement Plan, Pages 53-55) identifies $150,000 in 2003-04 for preliminary design and environmental review and$250,000 in 2004-05 for design. The cost associated with the contract with Stetson Engineers for Phase 1 of the project is $125,000. Stetson Engineers have Table I—Groundwater Project: Estimated Costs provided preliminary Phase 1: Feasibility Studies $125,750 estimates for the current and subsequent phases of the Phase 2: Preliminary Desi $119,600 project as shown in Table 1. Phase 3: Final Design $59,300 The current total budget for Total: Project Design $3047650 the project through final design is $400,000. ATTACHMENTS 1. Agreement for Consultant Services with Stetson Engineers - 3 Attachment 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of ,by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Stetson Engineers Inc., hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on May 6, 2003, the City Council approved the request for proposals for the Groundwater Development Project per Specification No.90140. WHEREAS, on June 11, 2003, City received proposals for analysis, study, environmental and design services for the Groundwater Development Project per Specification No.90140. WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until completion and acceptance of said services. Consultant shall complete the work for Phase I as outlined in the proposal within four months from execution of the agreement. 2. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay and Consultant shall receive compensation in a total sum not to exceed$125,750 for Phase I of the project work scope as identified in Exhibit A. 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 consultant services for Phase I work scope as described in Exhibit A and 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 Utilities Director of the City of San Luis Obispo. l Attachment 1 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 Pam King Public Works Department City of San Luis Obispo 955 Mono Street San Luis Obispo,CA 93401 Consultant Jeffrey D..Helsley,P.E. Stetson Engineers Inc. 3104 East Garvey Avenue West Covina,CA 91791 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 first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation: By: By: Lee Price,City Clerk David F.Romero,Mayor APPROVED AS TO FORM: CONSULTANT: By: � """t By: nathan Lowell,City Attorney f'� � I Exhibit A SCOPE OF WORK: GROUNDWATER DEVELOPMENT PROJECT I. PHASE 1 —EVALUATION OF PROJECT ALTERNATIVES AND POTENTIAL IMPACTS The objective of phase one is to identify project alternatives and preliminary identification and evaluation of potential impacts and regulatory issues that may slow or prevent development of any of the alternatives.. A. Hydrogeologic and Well Capacity Evaluation This task will include review of hydrogeologic data for the project area and City wells for determination of the need for new wells and selection of well locations. B. Ground Water Quality Evaluation Existing ground water quality data will be reviewed for consideration of water treatment alternatives and potential new well sites. If there is insufficient ground water quality data, recommendations for additional data collection (to be conducted by the City) will be provided. Potential future water quality based on existing information on contaminant areas will be evaluated and a wellhead protection analysis using EPA's WHPA program will be performed to evaluate capture zones around existing and potential new wells. C. Analysis of Alternative Treatment Methods Evaluate the best available treatment technologies (BAT) for PCE, Nitrate and Manganese and contact potential vendors for Capital and Operation and Maintenance (O&M) cost data based on the anticipated ground-water quality. Equipment manufacturers will be contacted to allow a preliminary evaluation of treatment facilities. D. Alternative Treatment Plant Sites and Pipeline Routes Evaluation of the potential drinking water treatment facility sites will include the existing WRF site to minimize costs to the City. The evaluation will also consider the alternative well and facilities sites, land status, availability and acquisition, access, and zoning. E. Analysis of Potential Blending of Water Sources Review water quality from other sources for consideration of blending with treated ground water to minimize overall costs to the City. Determine potential range of water quality of potable water produced by the proposed ground water treatment plant. C4_b F. Treatment Waste Stream Impacts to WRF Effluent Quality and Use for Irrigation A preliminary evalution of the brine waste stream will be evaluated and the WRF process will be reviewed and discussed with City staff for a preliminary determination of the potential impact of the brine on the treatment plant effluent and its potential effect on irrigation uses. G. Hydrologic Impact Analysis Evaluate the potential impact of project on ground water levels and San Luis Obispo Creek stream flow. Include analysis of well locations, well field configuration, seasonal pumping distribution. Develop pumping and operational strategy to minimize impacts while maximizing ground water yield. This analysis will use statistical and empirical methods to develop stream flows and analytical methods, along with information from previous hydrogeologic studies to evaluate the potential impact of ground water pumping on stream flows. H. Initial Consultation with NMFS The Stetson team will work with the City's fisheries biologist on potential hydrologic impact of project alternatives on fisheries and the initial consultation with NMFS. L Preliminary Environmental Review Preliminary environmental review for the study area and a limited number of alternatives will be needed to assist with site selection and recommendations for project alternatives. Identify key environmental issues related to the project alternatives that may result in costly and time consuming environmental review processes. Prepare a preliminary environmental evaluation, in matrix format, of potential impacts associated with each of the proposed project alternatives discussed above. The evaluation will include a preliminary identification of areas in which environmental impacts may occur. A potential level of significance will be assigned to each of the impact issue or area in the absence of necessary studies. A preliminary policy consistency analysis will be prepared for each of the alternatives to determine if the proposed project alternative would be consistent with the federal, state, and local plans and policies. J Cost Comparison of Alternatives Develop present worth costs of various alternatives using repayment periods and interest rates developed in consultation with City staff. Contact potential vendors for approximate Capital and Operation and Maintenance (O&M) cost data. The cost analysis will include costs associated with land acquisition (in conjunction with City Staff), and disposal of solid wastes generated by the treatment process. ( ' f K Summary Report and Recommended Project Alternative A summary report of the alternatives, including the recommended alternative, will be prepared. Findings will be presented at a public hearing before the City Council. II. PHASE 2 - PRELIMINARY DESIGN AND DETAILED ENVIRONMENTAL REVIEW AND REGULATORY ANALYSIS FOR SELECTED ALTERNATIVE Upon selection of a preferred alternative by the City, the preliminary engineering design of project facilities will be developed. This would include treatment plant site, treatment process, pipelines, wells, pumps, controls and related equipment. Geotechnical analysis of the sites, surveying for all facilities, and regulatory (DHS, RWQCB, etc) and environmental (CEQA, NUFS, etc) compliance analysis and consultation would also occur in this phase. A more detailed hydrologic impact analysis than the preliminary analysis completed under Phase 1 may be needed to satisfy fisheries concerns. New wells and facilities will be designed in accordance with applicable standards. Water treatment facilities will be designed in accordance with DHS and RWQCB requirements and an operational strategy to minimize environmental impacts will be developed. In addition, an operations and maintenance plan will be developed for the preferred alternative along with a refined cost estimate. III. PHASE 3- FINAL PLANS,SPECIFICATIONS,AND COST ESTIMATE Final plans and specifications will be prepared according to City standards and integrated into bidding documents for each project. Pre and post bid assistance will be provided, as needed. A staffing evaluation analysis will be prepared. Stetson will coordinate with City staff to evaluate cost effective treatment process that satisfy RWQCB requirements for discharges and DHS amended water supply permit requirements. In addition, Stetson will work with City staff to integrate proposed treatment facilities into the City's existing facilities. Stetson will work with City staff to develop the final cost estimate with the objective of facilitating the bidding process and project review by the City Council. • C 1"� \ 1 Y Exhibit B CONTRACT PERFORMANCE TERMS 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 applicable 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 applicable 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 negligent performance, 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-contractors 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-contractors 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. J 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 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-contractor 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 contractor 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 officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Consultant's employees, subconsultants or officers which arise from or are connected with or are caused or claimed to the extent caused by the negligent acts or omissions of Consultant, and its subconsukants, officers or employees, in performing the work or services herein,and all reasonable and necessary 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 negligence or willful misconduct of the City, its agents, officers or employees. 17. Year 2000 Compliance. The Consultant warrants that the goods or services provided to the City, including those provided through subcontractors, 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 I warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. 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. 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 completed 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. Any re-use of such materials on extensions of this project or on another project without Consultants written approval shall be at the City's sole risk. Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized or modified in the performance of the services shall remain the property of the Consultant. All documents, including, but not limited to, drawings, specifications, and computer software prepared by Consultant pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to Consultant. City shall defend, indemnify, and hold harmless Consultant against all claims, losses, damages, injuries,and expenses,including attorneys'fees,arising out of or resulting from such reuse. 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. 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 3'/i", high-density, write-protected diskettes or CD- ROM, formatted for use on IBM-compatible systems. Each diskette/CD must be clearly labeled and have a printed copy of the directory. 24. 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-contractors. 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 Employer's 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. • Employer's 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 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, and employees are to be covered as additional insured's 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 or employees. • For any claims related to this project, Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers, officials or employees 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 or employees. i • 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 ANU. 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.