HomeMy WebLinkAbout03/06/2007, C6 - CONSULTANT SERVICES FOR WRF NPDES PERMIT REISSUANCE o •
council
j ac En as REpont 1b.N.6C�
CITY OF SAN LU IS OBISPO
FROM: Department Head: John Moss, Utilities Director
Prepared By: David Hix, Wastewater Division Manager
SUBJECT: CONSULTANT SERVICES FOR WRF NPDES PERMIT REISSUANCE
CAO RECOMMENDATION
1. Approve agreement with Larry Walker Associates for assistance on review and
negotiation of the Water Reclamation Facility's National Pollutant Discharge Elimination
System (NPDES)Permit for an amount not to exceed$25,000.
2. Appropriate $25,000 from Sewer Fund Working Capital to Wastewater Administration
contract services for these services.
DISCUSSION
The Water Reclamation Facility's (WRF) NPDES expires in May 2007 and is currently in the
process of being renewed and reissued by the Regional Water Quality Control Board (RWQCB).
On November 30, 2006, the City submitted an application with a substantial amount of
documentation to the RWQCB for the renewal of this permit. Recent correspondence with
RWQCB staff disclosed that the permit is in a draft form and may be ready for City review in the
next 30 to 60 days.
This permit is of special interest to the City because it will contain language with compliance
deadlines and schedules for denitrification and Trihalomethane (THM) reduction. These new
requirements have significant cost implications which may require the construction of expensive
new facilities with costly annual operating expenses. Other new requirements may be
exceedingly stringent and difficult for the City to meet resulting in violations and compliance
issues. This permit will also differ from past permits in that it has been developed by a
consultant hired by the RWQCB, will be significantly more complicated and is approximately
140 pages as compared to the 31 pages of the WRF's current permit. Staff does not possess the
full range of expertise necessary to review and provide comments on this permit.
Larry Walker Associates (LWA) specializes in water quality regulations and studies and has
extensive knowledge with the State water quality regulations and policies. LWA has assisted the
City in negotiating the City's current NPDES permit, along with numerous studies and is currently
working on the San Luis Obispo Creek UAA and is very familiar with the Central Coast Regional
Board and its Basin Plan. Few firms posses the expertise, experience and excellent service offered
by LWA.
Staff is currently working with the RWQCB on determining if the Municipal and Domestic
Supply (MUN) beneficial use for San Luis Obispo creek is appropriate. The MUN designation is
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Consultant Services for WRF NPDES reissuance Page 2
the driver for these stringent new requirements and is based upon the San Luis Obispo Creek's
surface water being used as a potable water source. The City has contended for many years that
there has never been anyone using the surface water for MUN and, because it's comprised
predominantly of wastewater effluent, it is not an appropriate source of potable water. The
document that the City has developed to support de-designation is referred to as a Use
Attainability Analysis (UAA) and uses a federally approved method for determining appropriate
beneficial uses. If the UAA process determines that the MUN designation does not exist, then
many stringent requirements would be removed for the WRF's permit. This work continues,
with hope that a reasonable outcome may be forthcoming in Fall or Winter of 2007-08.
FISCAL IMPACT
Consultant services for this project will cost $25,000. There is adequate funding in working
capital in the Sewer Fund for this project. This request is for the appropriation of$25,000 from
working capital to Wastewater Administration, contract services.
ALTERNATIVES
Council could choose to deny this request. This is not recommended because staff does not
posses the experience or expertise to adequately provide comments given the complicated nature
of the proposed draft permit and critical nature of the outcome.
ATTACHMENTS
1. Agreement
2. Larry Walker Proposal
G:Utilities/LWA2007NPDESconultserv.CAR
Attachment 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on by
and between the CITY OF SAN LUIS O$ISPO, a municipal corporation, hereinafter referred to as City, and
LARRY WALKER ASSOCIATES,hereinafter referred to as Contractor:
WITNESSETH:
o ,
WHEREAS, the City wants to Assistance on Review and Negotiation of the Water Reclamation facility's,,
National PoTItitant Discharge Elimination System Permit:
WHEREAS, Contractor-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:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as
first written above,until acceptance or completion of said services.
2. - CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation in a total sum not to exceed$25,000.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set
forth in Exhibit A attached hereto and incorporated:into this Agreement. Contractor further agrees to the contract
performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement.
5. 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.
6. 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 Yepresentation 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.
Attachment I
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Agreement Page Z
7. 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 John Moss
Utilities Director
City of San Luis Obispo
879 Motto Street
San Luis Obispo,CA 93401
Contractor Larry.Walker Associates
707 4`" Street
Davis,CA. 95616
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each parry 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:
City Clerk David F. Romero,Mayor
APPROVED.AS TO FORM: CONTRACTOR
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Attachment 1
Exhibit B -
CONTRACT PERFORMANCE TERMS
1. Business Tax. Contractor 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. Contractor wan-ants that it possesses, or has arranged through subcontracts,
alb 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. Contractor 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 that
Contractor is required to pay.
5. Permits and Licenses. Contractor-shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. Contractor 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 Contractor'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. Contractor 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 Contractor's operations, it shall be replaced or restored at Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began work.
9. Immigration Act of 1986. Contractor warrants on behalf_ of itself and all sub-contractors
engaged for the performance of-this work that only persons aufhonzed 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. p
10. Contractor Non-Discrimination. In the performance of this work, Contractor 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.
11. Work Delays. Should Contractor 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
Attachment 1
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Exhibit B:Contract Performance Terms 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 Contractor.
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 Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of-Contractor 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 Contractor 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 Contractor in_preparing its invoices,to City as a condition precedent to any
payment to Contractor.
15. Interests of Contractor. Contractor 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. 'Contractor ftirther covenants that, in the
performance of this work, no sub-contractor or person having such an interest shall be employed.
Contractor 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, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Bold Harmless and Indemnification. Contractor 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 liability established for damages or injuries to any person or property,
including injury to Contractor'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 Contractor,
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 Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful miseonduct of the City, its agents, officers or employees.
17. Contract Assignment. Contractor 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.
�1,8. Termination. If, 'during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect-or failure to perform; which -notice mustgive Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or-cure the deficiency.
If Contractor 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 Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities or rights under the contract.
In said event, Contractor 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
G'6 —ele
Attachment 1
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Exhibit B:Contract Performance Terms Page B-3
Termination, minus any offset from stich 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 Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Contractor 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 Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
19. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Contractor 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.
20. Release of.Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Contractor 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 Contractor without the prior written approval of the City.
21. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's.direct expense.
22. Required Deliverable Products. Contractor will provide:
a. 2 copies of the final comments that addresses all elements of the workscope. Any
documents or materials provided by Contractor will be reviewed by City staff and,where
necessary, Contractor 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, Contractor 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.
Attachment 1
Exhibit B:Contract Performance Terms Page B-4
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to 3 public meetings to present and discuss its findings
and recommendations. Contractor shall attend as many "working" meetings with staff as
necessary in performing workscope tasks.
24. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by Contractor, its agents; representatives,employees, e.
or sub-contractors.
a. Minimum scope of insurance. Coverage shall be at least a .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 Contractor's
profession.
b. Minimum limits of insurance. Contractor 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 Contractor 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, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned, leased,
hired or borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers. G
Attachment 1
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Exhibit B:Contract Performance Terms Page B-5
• For any claims related to this project, Contractor'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 Contractor'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 voluriteers.
• Contractor'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 A:VII.
f. Verification of coverage. Contractor 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.
Attachment 2
707 4th Street, Suite 200 530.753.6400 �v.lwa.com •
Davis,CA 95616 530.753.7030 fax ��:JJJ��:
L A R R Y
W A L K E R
January 19,2007
Mr. Dave Hix Aell
City of Sari Luis Obispo ASSOCIATES
955 Morro;Street
San Luis Obispo, CA 93401
„
Proposal for Provide.Assistance on Review and Negotiation of the City of San Luis
Obispo Wastewater.Reclamation Facility's National Pollutant Discharge Elimination
System (NPDES) Permit
Dear Mr. Hix:
In response to your request,Larry Walker Associates ("LWA") is submitting this proposal to
provide assistance with review and negotiation of the City of San Luis Obispo Wastewater
Reclamation Facility's.National Pollutant Discharge Eliminadon System (NPDES) Permit.
LWA's scope of services, schedule,and cost estimate are presented below.
LWA SCOPE OF SERVICES
The following tasks are identified for this project:
1. Review pertinent documents and information including current NPDES permit, the
report of waste discharge application,annual discharge reports, any earlier
documents and-effluent testing results.
2. Evaluate options and provide input to the Regional Water QualitY Control Board
(Regional Board) staff regarding how to incorporate nitrate-nitrogen limits into the
permit in'advance of final approval of the use attainability analysis.
3.. Review the administrative draft of City's NPDES permit and identify issues of
concern and suggested changes the City should consider requesting. This will
include a detailed review of the reasonable potential analysis performed by the
Regional Board staff(or their contractor).
4. Meet with the City to discuss the administrative draft and the suggested changes.
5. Meet with the City and Regional Board staff(or contractor) to discuss the
administrative draft, the reasonable potential analysis, and the changes requested by
the City.
G. Review the tentative NPDES permit and advise the City as to its acceptability and, if
not acceptable, any additional changes that should be requested.
7. Meet with the City and Regional Board staff to review tentative permit.
3. Draft a comment letter, for City signature, on the tentative permit for submission to
the Regional Board.
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Attachment 2
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9. Advise the City on the preparation of oral comments for presentation at the
Regional Board hearing on the Permit.
LWASCHEDULE
The following table outlines the expected time to complete tasks once LWA has been given
the information needed to complete each task. The amount of time necessary to complete
tasks may vary to meet additional City or Regional Board requirements.
Task Time to Complete
Task
Task 1 —Review pertinent information 1 month
Task 2—Evaluate options for nitrate-nitrogen limits 1 month
Task 3—Review administrative draft NPDES Permit 1 month
Task 4—Meet with City NA
Task 5—Meet with City and RB NA
Task 6—Review tentative NPDES Permit 2 weeks
Task 7—Meet with City and RB NA
Task 8—Draft Comment Letter 2 weeks
Task 9—Advise City on oral comments NA
NA—Not Applicable
LWA COST ESTIMATE
The above work will be performed on a time and materials basis in accordance with our
standard billing rates. The level of effort necessary to assist with negotiation of an NPDES
Permit depends largely on the requirements contained in the Tentative Permit and the
resulting actions of the Regional Board. Assuming that the requirements in the Tentative
Permit reflect what we and the City currently expect, the number of meetings are as
estimated, and there is only one Tentative Permit issued,LWA agrees to perform the above
work for a cost not to exceed $25,000 without prior written approval of the City.
Please call if you have any questions or if you need additional information.
Sincerely,
etry . alker
Chief Executive Officer
Larry Waller Associates, Inc.
(530) 753-6400