HomeMy WebLinkAbout04/03/2007, C5 - CONSULTANT SERVICES FOR DEVELOPMENT OF LOCAL DESCHARGE LIMITS J 0
Consultant Services for Local Limits Page 2
unknown, but has taken up to a year in other regions. Once approved, the new local limits shall
be incorporated in the City's Sewer Use Ordinance, and then included in all of the industrial use
discharge permits.
Timing of the project is imperative because sampling must be conducted while Cal Poly is in
session to be representative of the typical operating conditions at the WRF. Cal Poly makes up a
significant portion of the WRF's flow while in session, and operates several regulated industrial
processes and discharges. During the summer, flows from Cal Poly drop considerably and
certain processes are shut down. Delaying this project until fall will not meet the State's
requirement to evaluate the local limits before the end of the calendar year. Additionally, staff
workloads in the fall and winter are very heavy due to other required in-plant sampling, State
audits of the pretreatment program and annual reports.
Why Consultant Services are Needed
This entire project requires strict adherence to Environmental Protection Agency (EPA)
guidelines and the federal pretreatment regulations for development of the limits and sampling.
Staff does not have adequate time or expertise to perform this complicated technical and time
intensive project. This request is for consultant services for development of the local limits and
the cost of laboratory analysis for the extensive comprehensive required sampling.
Larry Walker Associates, Inc. (LWA) specializes in water quality regulations and studies and has
extensive knowledge with the Federal Pretreatment Regulations and State water quality
regulations and policies. LWA has prepared several similar studies for other agencies and
provides support for all the documents and studies it develops. LWA is very familiar with the
City's NPDES permit and the RWQCB. Few firms posses the expertise, and excellent service
offered by LWA.
FISCAL IMPACT
Total cost of this project is $82,300. Consultant services for this project will cost $52,300 and
laboratory analysis will cost $30,000. Based on mid-year budget review projections of existing
working capital of $2.1 million in 2006-07, there is adequate funding in working capital in the
Sewer Fund to fund this project and retain working capital at policy levels. This request is for
the appropriation of $52,300 to Pretreatment contract services and .$30,000 to Pretreatment
laboratory services.
ALTERNATIVES
Deny this request. Not recommended; staff does not have the experience or expertise to
adequately develop local discharge limits given the complicated nature and critical nature of the
outcome.
ATTACHMENTS
1. Agreement
2. Larry Walker Proposal
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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 OBISPO, a municipal corporation, hereinafter referred to as City, and
LARRY WALKER ASSOCIATES,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS,the City wants development of technically based local limits for the Pretreatment program.
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$52,300.
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 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.
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Attachment 1
Agreement Page 2
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 Morro Street
San Luis Obispo,CA 93401
Contractor Larry Walker Associates
707 4t'Street, Suite 200
Davis,CA. 95616
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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:
City Clerk David F. Romero, Mayor
APPROVED AS TO FORM: CONTRACTOR
By`.
ity A ey
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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 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. 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 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. 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
Vis-s-
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Attachment 1
Exhibit B:Contract Performance Terms Page B-2
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 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 further 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. Hold 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 misconduct 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.
18. 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 must give 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.
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Attachment 1
Exhibit B:Contract Performance Terms Page B-3
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
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 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. 3 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
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Attachment 1
Exhibit B:Contract Performance Terms Page B-4
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.
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
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 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 perf
ormed by or
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Attachment 1
Exhibit B:Contract Performance Terms Page B-5
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.
• 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 volunteers.
• 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 ANII.
f. Verification of coverage. Contractor shall famish 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:
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707 4th Street,Suite 200530.753.6400 www.lwa.com
Davis,CA 95616 I 530.753.7030 fax I
L A R R Y
WALKER
March 15, 2007
IAI
Mr. Dave Hix
City of San Luis Obispo ASSOCIATES
955 Morro Street
San Luis Obispo, CA 63401
Re: Proposal to Assist Develop Local Limits for the City of San Luis Obispo
Per your request in a June 7, 2006 telephone conference call and a telephone call with
Patti Gwathmey on March 8, 2007, Larry Walker Associates ("LWA") is pleased to
provide the City of San Luis Obispo with the following proposal for professional services
to assist the City in the development/update of technically-based local limits.
LWA has considerable experience and expertise in the development and
implementation of local limits. LWA recently completed local limit development/updates
for the City of Grass Valley, City of Chico, City of Simi Valley, and Napa Sanitation
District. These projects have included all aspects related to the local limits development
process ranging from work plan development, implementation of the associated
monitoring program, and calculation of concentration-based local limits.
PROJECT APPROACH
The goal of this project is to derive technically-based local limits for the City's Water
Reclamation Facility (WRF) using current site-specific data and to gain Regional Water
Quality Control Board (Regional Board) approval of the derived local limits. Approved
local limits may then be adopted into the City' sewer use ordinance and inserted into
industrial wastewater discharge permits. LWA proposes to derive local limits following
the 2004 USEPA Local Limits Development Guidance (Local Limits Guidance),
according to the tasks outlined below.
Task 1. Collect and Review Background Information
LWA will collect and review background information in order to generate a list of
constituents for which the development/update of local limits are appropriate and to
determine the extent of additional monitoring data required for local limits
development/update. This list of constituents may differ slightly from the City's current
list of local limits constituents. The information to be reviewed will include the following:
Attachment
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• Existing Local Limits Report;
• Existing Sewer Use Ordinance;
2005 and 2006 Pretreatment Program Annual Reports;
Any USEPA and Regional Board Pretreatment Program audits;
Current industrial user survey; t
Recent industrial user monitoring data;
NPDES permit;
Domestic collection system data;
• WRF plant data (influent, primary effluent, final effluent, digester, biosolids); and
• WRF unit process diagrams and design capacity data.
Task 2. Develop Local Limits Work Plan t
LWA will develop a Local Limits Work Plan that outlines the steps required for local
limits development/update and approval by the Regional Board. The work plan will be
developed following Local Limits Guidance and federal pretreatment program
regulations. The work plan will include the following elements: _
WRF Description;
a
Local limits development approach;
Proposed monitoring plan, including identification of pollutants of concern and
sampling locations and procedures;
Appropriate detection limits for the analysis of each pollutant;
Sampling containers, container cleaning procedures and sampling procedures to
avoid contamination; and
Appropriate quality assurance/quality control (QA/QC) program for sampling and
analytical control.
LWA will submit a draft work plan for the City to review and comment. I
In accordance with Local Limits Guidance, sampling is typically conducted for a
minimum of two to seven consecutive days depending on the constituent. All sampling
shall be conducted under normal operating conditions during dry weather. Sampling will
s
follow the flow of the treatment process based on the hydraulic residence time (i.e., }
effluent sampling will be taken after influent sampling and lagged by the hydraulic {
residence time). Speck sampling requirements for local limits development will be
determined following an extensive data review (Task.1). Typical local limits sampling
locations include the following:
Domestic collection system—A minimum of one representative domestic
collection system trunk line is sampled to determine "uncontrollable" pollutant
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Attachment.,
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sources. This information is necessary to accurately allocate the maximum
allowable headworks loading for pollutants.
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Headworks—The treatment plant influent is sampled to determine the presence
of pollutants of concern and to provide data to conduct treatment process
removal efficiency analyses. Removal efficiencies are used to convert biological
process inhibition data into corresponding allowable headworks loadings.
Headworks sampling may not be necessary if adequate historical data are z
available.
• Primary treatment effluent—The treatment plant primary treatment effluent is
sampled to provide data to conduct primary removal efficiency analyses, which is
used to calculate secondary treatment inhibition levels.
• Final effluent—The treatment plant final effluent is sampled to provide data to
conduct treatment plant removal efficiency analyses and to calculate headworks
loading limits. Final effluent sampling may not be necessary if adequate
historical data are available.
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• Digester effluent—The treatment plant digester is sampled to provide data to
convert digester inhibition levels into corresponding allowable headworks
loadings. k
i
• Biosolids disposal—Waste activated sludge is sampled for the purpose of 71
comparing results to State and Federal biosolids regulations. Additionally,
sample results are used to determine allowable headworks loadings based on
these biosolids regulations. Biosolids data may also be used to estimate in-plant
removal efficiency for conservative pollutants with insufficient detected effluent
results.
Task 3. Provide Local Limits Monitoring Support
LWA will conduct a pre-monitoring site visit to determine the appropriate locations for
sample collection and equipment set-up. LWA will provide one staff person for
conducting sampling during the days in which organic pollutant samples are collected (4
days). The City will provide staffing to collect samples on the other days of the
monitoring program.
LWA will be available to the City prior to and during the implementation of local limits
monitoring to provide the City with direction, guidance, training, or assistance on an as-
needed basis. The extent of the effort under this task will be dictated by City needs.
Task 4. Establish Local Limits
LWA will develop and recommend local limits for appropriate wastewater pollutants.
Using site-specific data, existing data, and data obtained during local limits monitoring,
LWA will compute local limits for conventional and toxic pollutants following the Local
Limits Guidance. Local limits will be based on current NPDES permit requirements,
collection system and treatment plant performance data.
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Attachment
Numerical local limits, based on allowable headworks loading criteria, will be
established based on one or more of the following criteria:
Allowable headworks loading based on prevention of-
0 Pass-through;
0 NPDES permit effluent limits;
0 Interference with treatment plant operations;
0 Treatment process inhibition;
Collection system effects based on prevention of:
• Fire/explosion;
• Corrosion;
• Flow obstruction;
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• Heat effects; and
• Fume toxicity.
LWA will produce a Local Limits Report presenting the proposed local limits and
technical justification for their establishment. Local limits will be presented as maximum
allowable industrial loads (MAILS). The allocation of these MAILS is beyond the scope
of this effort. However, LWA will convert these MAILS to uniform concentration limits to
allow the City to compare proposed local limits to existing local limits and industrial user
data, which is typically the first step in determining appropriate local limit allocation
methods.
A draft report will be submitted to the City for review and comment. LWA will conduct a
conference call with the City to present the draft report and to discuss any comments
that the City may have on the draft report. A final draft report will be produced and
provided to the City for submittal to the Regional Board for comment and approval.
Task 5. Respond to Regional Board Comments
LWA will attend a meeting with the City and the Regional Board to discuss the final draft
report and provide the City with assistance in responding to Regional Board comments.
LWA will make necessary modifications to the final draft report-and finalize the Local
Limits Report.
Task 6. Project Management
LWA will provide sufficient management resources to track project schedule and
maintain sufficient personnel for project completion. LWA will also track and verify all
expenses and ensure the accuracy of each invoice and consistency with the approved
fee schedule. LWA will be responsible for resolving discrepancies as necessary.
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Attachment 2
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SCHEDULE
A proposed project schedule is provided in Table 1.
Table 1. Local Limits Development/Update Project Schedule
Completion
Task::, . - (weeks following
project start date)
Review background information 2
Submit draft Work Plan to the City 2
Receive City comments on draft Work Plan 3
Submit final Work Plan to the City 4 a
Complete Local Limits Monitoring Program 6
Receive Local Limits Monitoring results from contract laboratory 10
Submit draft Local Limits Report to the City 14
Revise Local Limits Report based on City Comments and submit to 15
Regional Board
Meet with City and Regional Board to discuss draft Local Limits Report When RB and City Staff j
are available
Finalize Local Limits Report based on Regional Board comments 2 weeks following
Fi
correspondence
BUDGET
The estimated cost for completion of this Scope of Services is $52,295. Fees will be
charged on a time and materials basis according to LWA's most current standard rate
schedule. The line item task costs are provided in Attachment A. The actual cost may
vary from the estimate if necessary to meet additional City or Regional Board
requirements.
Y
Please contact Chris Minton (310-394-1036) if you have any questions or if you need
additional information.
7-Sinc ly,
AAA -73
Larry F. alker
Chief Executive Officer
Larry Walker Associates, Inc.
(530) 753-6400
Enclosure: Attachment A- LWA cost estimate dated March 15, 2007
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