HomeMy WebLinkAbout06/16/1992, C-12 - WHALE ROCK COMMISSION MEETING, THURSDAY, JUNE 18, 1992 Whale 'Rock Commission Meeting Agenda
June 18, .1992 '
Page 2.
z Declaration of old boai. surplus = Hamilton
III. BUSINESS, UEMS
1. Election of Officers .- Annual election of the Whale Rock Commission
Chairperson, Vice Chaii and Secretary:
2. Annual Budget and Financial Statement/Review and Approval = Hetland
1 Upgrade of existing pump facilities/authorize approval of plans and
specifications - Zweig
t
MEETING DATE
June2
WHALE ROCK COMMISSIO REPORT '�"_- 2
FROM: Wham T. Hetland, Utilities Directo repared By: Gary W. Henderson
SUBJECT:
State Water Project - Whale Rock Exchange
BACKGROUND:
See attached report.
EEENGDOTE;
TI
ONO AM city o� san lues oBispo ME "NG
MIGn COUNCIL AGENDA REPORT
FROM: William T. Hetland W 1 PREPARED BY:Gary W. Henderson 4 Q A
Utilities Director Water Division Manager
SUBJECT: State Water Project - Whale Rock Exchange
CAO RECON MENDATION: Direct Staff to Proceed with Alternative 3 or 4 and negotiate
Agreements with Involved. Agencies and Return to Council for
Final Approval.
BACKGROUND:
The City Council approved the City's participation in the State Water Project on April 21,
1992. Following this derision, a number of agencies have requested that the City of San Luis
Obispo exchange water from Whale Rock Reservoir for State Water which would eliminate the
need to build all or a portion of the Cborro Valley pipeline.
The idea of an exchange was presented.in the environmental impact report prepared for the
local facilities portion of the State Water Project. The exchange was identified as the preferred
alternative, from an environmental standpoint, to the construction of the Cborro Valley
pipeline. The Cborro Valley pipeline would begin at the Cuesta Tunnel (which was
constructed to convey water from Salinas Reservoir) and proceed up the valley parallel to the
Whale`Rock pipeline to Morro Bay and then proceed on to Cayucos (see Attachment 1 for
map of the Cborro Valley pipeline).
PURPOSE
The purpose of this report is to assess the impact of the exchange on the City's water supply
resources and identify other area of concerns which the Council needs to be aware of prior to
making a policy decision on the exchange. If
the City of San Luis Obispo does not
participate in the State Water project, it is Table 1: Requested Exchange Amounts
assumed that no exchange would be possible.
The agencies that are interested in an City of Morro Bay 1,313 of
g County Water Works District #8 80 of
exchange and the amounts of water Morro Rock Mutual Water Co. 61 of
requested are shown in Table 1. If all the Paso Robles Beach Water Assoc. 40 of
agencies were included in the exchange, the Cuesta College 200 of
total amount would be 2,119 acre-feet per County Operate ins 425 of
year (afy). This large amount of yearly
exchange from Whale Rock Reservoir would TOTAL 2,119 of
have a significant impact on the City's safe
annual yield estimate.
_ city of san lues o5ispo
MaZa COUNCIL AGENDA REPORT
State M12ter Project - Whale Rock Exchange
Page 2-
PROCEDURE
The City of San Luis Obispo has adopted a multi-Water resource supply policy. A computer
model was developed based on the coordinated operation of the two reservoirs and recent
hydrologic information. Based on this ana])Sis, City CounCil recently adopted a revised
combined safe annual ylield of 7,735 afy (assuming 500 afy of groundwater). This computer
model was utilized to determine the impact of exchanging Whale Rock water for an equal
amount-of State Water.
The computer model is based on a number of assumptions which have a direct impact on the
ability of the City of San Luis Obispo to participate in an exchange of water. The model
assumes that groundwater (500 afi,) and state inciter are used first, then Salinas Reservoir is
used next to meet the City's Water demand. Whale Rock water is the last to be used and is
primarily held in storage as a back-up reserve. The analysis also assumes that each year a
minimum of 1,000 of is used from Whale Rock due to water quality problems at Salinas
Reservoir (i& algae blooms, sediment unshed in during storms, etc). This is an important
assumption and has a direct impact on the amount of water that the City can exchange with
other agencies. Except for the above amount withdrawn from Whale Rock, Whale Rock is
only used when Salinas reaches minimum pooL By managing the water supply in this manner,
the Cfty increases the overall yield from the reservoiM
Based on the above assumptions; staff analyzed the impact of an exchange on the City's safe
annual yield estimates. Figure 1 shows the impact on the Or/s yield with varying exchange.
amounts. The figure indicates that
exchanging Whale Rock water for State
Water can have a significant impact on the - — - —
CSty's safe annual yield. This reduction in
yield is due to Wbale Rock being used by the
exchange agencies and not being available as
a City bacl-up to Salinas Reservoir. It
basically eliminates the CiVs advantage of .
coordinated use of the two reservoirs.
RESULTS
Attempting to uitbdraw 2,119 afy in addition 9 '
to the 1,000 afy which is already assumed, o .,, ,m am +ow 12nD
exceeds the Ciry,s safe annual yield from °'°"ANU"'°""f WN
Whale Rock Reservoir. Therefore, the City
would be unable to meet the full requested Figure 1: Impacts of Exchange Amounts
exchange amount. It was %ben determined,
based on hydrologic data from September 1943 to December 1991, that the maximum excbanee
amount, in addition to the 1,000 afy, that could be withdrawn from Whale Rock would be 19145
LA-42
city of san Luis o5ispo
Iffiamia
Mom COUNCIL AGENDA REPORT
State-Water Project - Whale Rock Exchange
Page 3
afy. The major problem with exchanging this amount of water is that the critical time period
controlling the computer analysis is the end of the data in the program (ie. December 1991).
Therefore, the critical time period has not ended and since Whale Rock Reservoir did not see
a significant increase in storage this year, the amount calculated as a maximum (ie. 1,145 afy) is
questionable. If this amount was exchanged on an annual basis, there would be a reduction of
880 afy in the City's yield. This indicates that the City would lose the majority of the increased
yield attributable to the coordinated operation of the two reservoirs.
In order for the City to avoid being negatively impacted, it is assumed that any decrease in the
City's safe annual yield would need to be offset by an equal amount of state Water above the
Whale Rock exchange amount. Therefore, the City would not support a one for one exchange
for state water. It is obvious from the above discussion, that the City cannot pro»de all of the
requested exchange amounts. The amount requested by the City of Morro Bay is
approximately 62% of the total requested and as such has a drastic impact on the possibility of
an exchange. With the reduction in City yield shown in Figure 1, an exchange with Morro Bay
would not appear to be in the City of San Luis Obispo or Morro Bay's best interest because of
the large exchange amount results in a significant reduction in safe annual yield. In other
words, if the City of San Luis Obispo were to exchange water with only Morro Bay, who has a
maximum requested allotment of 1,313 afy, the City would only exchange approximately 800 afy
(see Fig. 1 - 800 exchange + 550,reduction a 1,350) of water from Whale Rock Reservoir in
order fo offset the amount of safe annual Meld lost due to the exchange.
CMC/CAL POLY EXCHANGE
The California Men's Colony has requested an exchange of 400 afy of state water for an equal
amount of Whale Rock water with Cal Poly. Cal Poly will not have a pbl;ical connection to
the State Water Project, the exchange would require an agreement with the City to accept the
state water into our system and provide water to Cal Poly through their existing connections to
our system. The exchange which the California Men's Colony is negotiating with Cal Poly -AU ..
have a minimal impact on the City of San Luis Obispo. The impact is significantly less than an
exchange of the City's Whale Rock water because the City can deliver water from any of our
sources to Cal Poly (ie. the reservoirs can still be operated in a coordinated fashion).
The impact on the Ciry's safe annual yield due to an exchange between CMC and Cal Poly, is a
result of state water being delivered at a constant rate throughout the year but Cal Poly's water
demand fluctuating during the period. Fifteen (15) acre-feet per year is loss through
evaporation due to water left in storage resulting from the variation in Cal Poly's demand.
This means that if CMC Aishes to exchange 400 afy of Whale Rock water they 'Au need to
provide 400 afy to Cal Poly and 15 afy to the City of San Luis Obispo. This item AU have to
be addressed in negotiations with CMC and Cal Poly.
pi city of San 1Li1S OBISPO
EftZa COUNCIL AGENDA REPORT
State%Vater Project - V1'hale Rock Exchange
Page 4
OTHER CONCERNS
Since State Water is delivered at a constant rate to participating agencies, it is questionable if
the City of San Luis Obispo can currently use more than the 3,000 afy. This is due to the fact
that currently the City is using approximately 5,000 afy but the daily demand fluctuates
throughout the year. There are currently days during the year that the demand may not equal
the constant delivery rate of state water if the City agrees to exchange a large amount of
Whale Rock water. The demand is expected to increase following the end of mandatory
rationing but may require the City to cut back requested state water deliveries in the interim.
This may cause an increase in the unit cost of state water which would need to be recovered
from the agencies involved in the exchange.
The City's current water right permit for Whale Rock Reservoir defines the service area as the
City of San Luis Obispo and Cuesta College. An exchange with any other agencies AU require
an application for change of service area to be filed with the State Water Resources Control
Board. This change of service area will require CEQA review and State Board approval.
There are a number of other technical issues which will have to be addressed in the
agreements between the City and the agencies if such an exchange were to take place. The
agreements will have to be carefully prepared to insure that the City is protected under present
and future conditions (ie. the City's water supply resources are not adversely impacted). These
agreements would be brought back to Council for their approval
ALTERNATTVES
A number of alternatives are listed below for consideration. The impacts of each alternative
are sboam in Table 2.
Alternative 1: Exchange the maximum amount of 1,145 afy distributed proportionally
among all requesting agencies. To offserthe reduction in the City's safe
annual yield, the agencies would have to provide the City with 2,025 afy of
State water. The agencies would only receive 54% of the requested
amount of state water but would still be required to purchase 96% of the
state water which they have requested. A major problem with this
alternative is that the City could not currently utilize 5,025 afy (3,000 +
2,025) at a constant rate. This amount of water exceeds our daily demand
for most of the year. This. alternative is not recommended
Alternative 2: Agree to exchange water with all the agencies, except Morro Bay. The
total exchange amount would be 806 afy which would need to be offset
with approximately 1,355 afy of state water. The agencies would either
have to increase their allocation request or reduce the amount of water
requested to be exchanged from Whale Rock. Each agency would receive
approximately 60% of the state water exchanged with the City.
city o f_san Luis OBispo
COUNCIL AGENDA REPORT
State Water Project . Whale Rock Exchange
Page S
Alternative 3: Agree to exchange water with only Cuesta College and the Cayucos Water
agencies (ie. County Waterworks District #8, Morro Rock Mutual Water
Co. and Paso Robles Beach Water Assoc.). If you assume that Morro Bay
sill not participate in the exchange'but will still receive state water, a
pipeline would be built to provide water to Morro Bay and would pass
right by the California Men's Colony. The County Operations Center
could therefore be served through an existing connection to CMC's system
and would be able to utilize existing wells to provide for their pealing
needs (unlike Cuesta College). The total exchange amount would be 381
afy which would requireapproximately 530 afy (ie. 149 afy reduction to
City + 381 afy exchange) of state water to offset the reduction in the
City's yield. Each agency would receive approximately 72% of the state
water exchanged with the City.
It should be noted that Cuesta College already receives water from the
City of San Luis Obispo. Any amount of State Water exchanged with
Cuesta, will have a positive impact on the City's water supply situation by
offsetting the current demand on Whale Rock Reservoir.
Altirrnative 4: Only exchange water with the Cayucos Area Water Organizations. The
total amount of the exchange would be 181 afy which would require
approximately 210 afy of state water. The agency would receive
approximately 8617c of the state water exchanged with the City. The
County Board of Supervisors have approved state water for County
Waterworks District No. 8 in Cayucos contingent on an exchange. If an
exchange can not be agreed upon, there is a serious question as to whether
the other two Cayucos agencies could afford to construct the pipeline from
Morro Bay to Cayucos. If this alternative were implemented, Cuesta
College would need to negotiate with CHIC to provide for peaking
capability.
Alternative 5: No exchange of Whale Rock water for state water. This would effectively
eliminate the Cayucos Area Water Agencies from participation in the state
water project.
city of san Luis oBispo
Maize COUNCIL AGENDA REPORT
State VPater Project - Whale Rock Exchange
Page e
Table II: Summary of Alternatives
e c' SWP Amount Exchanee Amount % of SWP Amount Exchan$ed
L All 2,025 11145 549o'
2. All, except 1,355 806 605b
Morro Bay
3. Cayucos & 530 381 72°Jo
Cresta College
4. Cayucos 210 181 $6%
FISCAL IMPACT:
There would be a financial benefit to the City of San Luis Obispo depending on the amount of
water exchanged. Savings would result from decreased pumping required from Salinas or
Whale Rock Reservoir. The City could also benefit from increased deliveries of State Water if
the proposed hydroelectric facility were constructed by the City at the first City turnout from
the pipeline at Reservoir No. L The increased flows, if delivered to this location, would.result
in increased energy production. The exact extent of the benefits to the City have not been
estimated at this time due to the large number of alternatives.
There would also be a savings to the agencies that.participate in the exchange resulting from
not having to construct the pipeline up the Cborro Valley. The agencies would have to provide
for treatment of the surface water from Whale Rock which would reduce their potential
savings.
RECOMMENDATION:
Staff recommends the Council direct staff to proceed with Alternative 3 or 4, staff would work
with Cuesta and CMC to negotiate an agreement to.provide for Cuesta's pea]dng needs. Also,
recommend that CMC accept state water directly if a pipeline is constructed to their facilities.
These alternatives would have the least impact on the City's water supply resources while sell
accommodating the needs of Cuesta College and Cayucos Water agencies.
Attachment: 1. Map of Proposed Chorro Valley Pipeline
AFTACHMENT 1
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DRAFT
WHALEROCR COMMISSION MEETING
MARCH 26, 1992
CITY HALL HEARING ROOM
MEMBERS PRESENT: RON DUNIN, City of San Luis Obispo
JOHN DUNN, City of San Luis Obispo
CARMEN SALVATO, Calif. Men's Colony
CARLOS MADRID, Calif. Dept. Water Resources
ED NARETTO, Calif. Polytechnic Univ.
BILL STATLER, City of San Luis Obispo
STAFF PRESENT: BILL HETLAND, Utilities
GARY HENDERSON, Water. Div. Mgr.
BOB HAMILTON, Water Supply Supv.
LISA WOSRE, Recording Secretary
PUBLIC COMMENT PERIOD
Bruce Gibson, PO Box 1363, Cambria, stated he operated water wells on Whale
Rock land and that rights are being challenged by adjacent property owners.
He submitted documentation. He also asked that if a trail was instated,
that it be developed away from his well.
Staff agreed to review the documentation and bring the item before the
Commission should action be required.
Robert Lyon, PRBWA and CAWO representative, stated the Cayucos Water
purveyors were concerned about the standing moratorium and discussed the
need for state water and the .ability to afford it. He suggested a possible
exchange. He also discussed water quality and treatment. He felt the
solution depended on cooperation with other agencies.
Paul Enz, PRBWA representative, discussed current water quality and fencing
of livestock.
I. INFORMATION ITEMS
1. Cayucos Treatment: Mr. Henderson discussed treatment requirements of
the State Department of Health Services for the wells serving Cayucos. He
stated the Health Dept. felt the wells were under the influence of surface
water and will require treatment. He noted it was the City Attorney's position
that the agencies who utilized these wells should handle the treatment issues.
Mr. Enz stated that the Cayucos agency was looking into the matter and asked
that this item remain open.
2. Property Acquisition: Mr. Henderson presented a status report on the
acquisition of the Mainini property. He stated that staff was awaiting a A/*1-1.3
WHALE ROCK COMMISSION MEETING
MARCH 26, 1992
PAGE TWO
response from the Cayucos agency on the water treatment issues. Staff will
bring back a report when that information is received.
3. Financial Statement: Mr. Hetland presented the staff report on the
budget. He noted the fund balance had been reduced due to the Pump Station
upgrade project and that adequate reserves should be remaining.
4. Reservoir Status: Mr. Hamilton presented the storage update report
and stated there were 18,463.1 acre/feet in storage.
5. Coastal Streams Diversion Project: Mr. Hetland presented a memo from
the City of Morro Bay, stating that they no longer desired to proceed with
the project.
Mr. Dunn was concerned that the application needed to be formally discontinued
and directed staff to ensure that the application had been dropped. Staff
agreed to bring back a report.
II. ACTION ITEMS
1. Minutes: The draft minutes of the October 30, 1991 regular meeting
were approved as submitted.
2. Energy Efficient Pump Repairs: Mr. Hamilton presented the staff report
requesting authorization to purchase pump replacement parts to upgrade pump
efficiencies, which would reduce energy expenses. He discussed PG&E's parti-
cipation in the project and that PG&E had given pre-approval for rebuilding
the remaining pumps, based on evaluation and testing of new component efficiency.
Commr. Narretto moved to approve staff recommendation. Commr. Madrid seconded
the motion. The motion passed unanimously.
3. Reservoir Fence Replacement: Mr. Hamilton presented the staff report
requesting authorization to proceed with the plans and specifications and
procure bids for the replacement of approximately 1.25 miles of barbed wire
fence, noting the correct cost of the project would be a total of $130,000
prorated over 10 years. He discussed the need for the fencing, due to livestock
in the area.
Commr. Dunn moved to approve the staff recommendation. Commr. Naretto
seconded the motion. The motion passed unanimously.
4. Calendar Annual Budget Meeting: The meeting was set for Thursday,
June 18, 1992 at 1:30 p.m. in the Council Hearing Room.
WHALE ROCK COMMISSION MEETING
MARCH 26, 1992
PAGE THREE
III. DISCUSSION
1. Establish Trails at Whale Rock: Mr. Henderson presented Pete Jenney
from the Parks Department. Mr. Jenney discussed a proposal for a trail system
and requested the Commission grant conceptual approval so the project could
move into the next phase.
Mr. Jenney discussed the cooperative arrangement necessary for trail estab-
lishment and stated that the trail would be a straight in/out system around
the lake, accessed from Cayucos, and would be developed away from the fishing
area, lakefront, and private property. He noted it would be within the
reservoir right-of-way. He stated there were 4 acres of state proposed
surplus land which gave an opportunity for linking. He said there were
negotiations for trail maintenance and suggested the County or a private
foundation fund the maintenance, which would be already established.
Commr. Dunn agreed that it would be an asset to the community, subject to
the details being worked out (e.g. water quality, liability, easements, and
maintenance).
Commr. Dunin was concerned about the Joint Powers Agreement between the City,
County and Commission being clear about this project.
Commr. Salvato did not feel this Commission should be the lead agency.
Commr. Dunin noted that he agreed with Commr. Salvato, but did support
the project in concept. He felt staff should direct negotiations so as not
to encumber any responsibility by the Commission or the City of San Luis Obispo.
Commr. Dunn moved to support the concept and direct staff to continue working
out the details and negotiations. Commr. Naretto seconded the motion. The
motion passed unanimously.
The meeting adjourned at 2:30 p.m. to the next special meeting of June 18, 1992.
Respectfully submitted,
Lisa Woske
Recording Secretary
MEETING DATE:
June 18. 1992
WHALE ROCK COMMISSION REPORT NUMBER:
II - 2
FROM: William T. Hetland, Utilities Directokr Prepared By: Robert Hamilton
SUBJECT:
Surplus Whale Rock Utility Boat
BACKGROUND:
A 21 foot Crestliner has been in service as the utility boat at Whale Rock Reservoir
since 1969. Last year, the Commission replaced the Crestliner with a smaller, more
suitable utility boat and the Crestliner is now out of service and available for
salvage.
In accordance with the City's Fleet Management Program, the following surplus vehicle
information is included for reference.
Vehicle Department and Division - Utilities/Whale Rock
City Asset No. - 6911
VIN No. - MA84JO0819
Year of First Service - 1969
Odometer Reading - n/a
Justification for Disposal - vehicle has been replaced
Estimated Value - $1500
Location of Vehicle - 108 Old Creek Rd., Cayucos
Contact Person - Robert Hamilton, Water Supply Supervisor
RECOMMENDATION:
Declare the Crestliner utility boat surplus and authorize the City Finance Department
to prepare a Council Agenda Report and after approval, sell the Crestliner in accordance
with the City's Property Disposal Policy. Funds received for salvage will return to the
Whale Rock Fund
MEETING(AM-
June 18 1992
WHALE ROCK COMMISS N REPORT NUMBER:
III - 2
FROM: William T. Hetland, Utilities DirectokpPREPARED BY: Sue Baasch 14
SUBJECT:
WHALE ROCK RESERVOIR 1992-93 BUDGET
BACKGROUND:
RECOMMENDATION:
■ Approve Whale Rock Reservoir 1992-93 Budget.
■ Approve Capital Improvement Request for balance of funding required to
construct Whale Rock Pump Station.
■ Approve policy guideline regarding Fund Balance Reserves.
DISCUSSION
BacAW=nd
Under the City's two year financial plan process, the 1991-93 Financial Plan
establishes the primary program and guidelines to be used in preparing the 1992-93
Budget Although budgets are adopted annually under the two-year plan concept, it is
intended that appropriations in the second year of the plan will be based upon the
framework and foundation developed during the two-year planning and budgetary
process.
APPENDIX A, Sections 1 and 2, provide documentation for the Whale Rock 1992/93
operating and capital programs. Section 3 updates the changing Fund Balance.
APPENDIX B outlines a recommended polity regarding Fund Balance reserves.
The following is a summary of the changes and recommendations from the 1991/93
Financial Plan presented one year ago:
APPENDIX A
Section 1 - 1992/93 Whale Rock Opemtbig Budget
The operating budgets shown in Appendix A are from the approved 1991-93 Financial
Plan. Reservoir operations and the fishing program were approved for a total of
$617,600 in 92/93. The updated fund balance shows total operating costs of $615,575.
This reflects reductions of $2,025 due to 15% cuts in the training, travel, meetings
and association line items, as well as mid-year adjustments deleting budgeted amounts
for retirement for temporary personnel.
WHALE ROCK COMMISSION REPORT
Whale Rock Reservoir 1992-93 Budget
Page 2
Section 2 - 1992/93 Whale Rock Capital Improvement Progrmn
This request seeks appproval to identify additional construction funding for the
previously approved Whale Rock Pump Station project. It also identifies additional.
funds approved at the October 1991 Commission meeting for the design of this
project.
Section 3 - Cha VbW Fund Bakuwz
This section contains the Whale Rock Fund Balance statement as of June 30, 1992.
APPENDIX B
FUND BALANCE DESIGNATIONS AND RESERVES
It is recommended that the Whale Rock Commission adopt a budget policy requiring
a minimum of 20% of operating expenditures in the Whale Rock Fund. To date, all
Whale Rock operating and capital expenditures have been on a "pay as you go" basis.
Approval of the Whale Rock Pump Station project will significantly reduce fund
balance. If any other projects were to be approved in the immediate future, fund
balance might drop below the recommended 20%, requiring assessments from the
member agencies.
-/ '�
APPENDIX A.
1992 -93 BUDGET . - -
Whale.
U GET - -Whale. Rock Reservoir
Section 1
Operating Programs
PUBLIC UTILITIES -
PROGRAM:. Reservoir Operations OPERATION: Whale Rock Commission
DEPARTMENT: Utilities FUND: Whale Rock Fund
1989-90 1990-91 1991-92 1992-93
PROGRAM COSTS ACTUAL BUDGETED REQUESTED PROPOSED
Staffing S 149,300 S 169,800 S 185,500 S 195,600
Contract services 21,100 55,200 48,100 30,500
Other operating expenditures 232,100 328,700 351,800 368,900
Minor capital 0 12.ppp _0 _0
Total S 4027500 S 565,700 S 585,400 $ 595,000
PROGRAM DESCRIPTION
The Whale Rock commission is a joint powers agency with six voting members who represent three state agencies and
the city. This commission was formed to build the Whale Rock Reservoir and set policy for its operation. The City of
San Luis Obispo, California Men's Colony(CMC), and California Polytechnic State University(Cal Poly) are the actual
water users, sharing the costs and benefits of the reservoir in proportion to their original investment, with the city at 55
percent, Cal Poly at 34 percent, and CMC at 11 percent.
The reservoir operations program provides for raw water storage in a 40,600 acre-foot reservoir and raw water delivery
through 19 miles of conduit and two pump stations to the agencies of the Whale Rock commission. The program goal
is a reliable, easily treatable supply of raw water for the participating agencies and other customers. This program has
six major activities:
■ Water collection, storage and delivery. Collecting and storing raw water, pumping raw water to member agencies
and other customers (20 percent of the program)
■ SuneMance. Patrolling and inspecting the dam, reservoir, conduit and pump stations to prevent vandalism and
contamination (20 percent of the program)
■ Equipment maintenance. Performing periodic preventive maintenance,repairing damaged equipment,and replacing
worn and obsolete parts (35 percent of the program)
■ Recosdk ,pfn& Preparing records and reports for local, state, and federal agencies (15 percent of the program)
■ Powergenemtiort. Generating electricity from a 48 kilowatt turbine generator for sale to Pacific Gas & Electric (5
percent of the program)
■ Gm=dwaterrechmgin& Releasing and ponding water to recharge aquifers used for the town of Cayucos (5 percent
of the program)
STAFFING SUMMARY
Regular Positions
Utiltities Director 01 0.1 0.1 0.1
Utilities Engineer 0.1 0.1 01 0.1
Water Division Manager 0.1 0.1 0.1 0.1
Administrative Analyst 0.1 0.1 0.1 0.1
Administrative Secretary 0.1 01 0.1 0.1
Water Supply Supervisor 1.0 1.0 1.0 1.0
Water Supply Operator _Q -a _4 -
Total 3.5 3.5 3S 3.5
Temporary positions:
Full-time equivalents 0.4 0.4 0.4 0.4
D-44 -��-Z
PUBLIC UTILITIES
PROGRAM: Reservoir Operations (continued)
DEPARTMENT: Utilities
SIGNIFICANT EXPENDITURE AND STAFFING CHANGES
■ 1991-93: Ongoing replacement of the reservoir fences at about 1-1/4 miles per year will require an additional
58,000 each year.
■ 1991-92: A baseline cathodic protection survey for the delivery pipeline will cost 511,600 in 1991-92.
■ 1991-93: Increasing use of Whale Rock water will require additional electricity for pumping at a cost of 560,000
in 1991-92 and$65,400 in 1992-93.
■ 1991-92: A seismic safety evaluation of the dam required by the state will cost 55,3W in 1991-92.
1991-93 PROGRAM OBJECTIVES
■ 1991-92: Complete the telemetry system installation
■ 1991-92: Install meter in order to more accurately measure clic amount of water distnbuted to the City by the
Whale Rock Commission (CIP project)
■ 1992-93: Construct pump station modifications to improve water flow during peak delivery operations
PERFORMANCE AND 1989-90 1990.91 1991-92 1992-93
WORKLOAD INDICATORS ACTUAL PROJECTED ESTIMATED ESTIMATED
Ace-feet of raw water pumped . 3,576 3,500 3,500 300
Reports filed with regulatory agencies 100 100 100 100
Interruptions in water delivery 6 12 6 6
D-45
PUBLIC UTILITIES
PROGRAM: Whale Rock Fishing OPERATION: Whale Rock Commission
DEPARTMENT: Utilities FUND: Whale Rock Fund
1989-90 1990-91 1991-92 1992-93
PROGRAM COSTS ACTUAL BUDGETED REQUESTED PROPOSED
Staffing $ 10,700 $ 11,800 $ 18,400 $ 18,400
Contract services 6,600 8,500 2,500 2,900
Other operating expenditures 800 1,400 112(10 1,300
Minor capital 0 0 Q —0
Total $ 18,100 $ 21,700 $ 22,100 $ 22,600
PROGRAM DESCRIPTION
The Whale Rock fishing program provides for the operates and maintains the fishing facilities built in 198L The program
goal is clean, functional fishing facilities which do not jeopardize the purity of the raw water in the reservoir. This
program has three major activities:
■ C4=?na servLm Collecting fees, controlling admittance,providing direction and advice(34 percent of the program)
■ Buildings and grounds maWawnce. Cleaning and tending buildings, removing trash and litter, performing minor
repairs (33 percent of the program)
■ SwveMv= Patrolling fishing activities to prevent contamination of the reservoir (33 percent of the program)
STAFFING SUMMARY
Temporary positions:
Full-time equivalents 1.1 1.1 Ll 1.1
SIGNIFICANT EXPENDITURE AND STAFFING CHANGES
None
1991-93 PROGRAM OBJECTIVES
■ Continue to work toward achieving program goals
PERFORMANCE AND 1989-90 1990-91 1991-92 1992-93
WORKLOAD INDICATORS ACTUAL PROJECTED ESTIMATED ESTIMATED
Fishing revenue ($) 2,000 2,000 3,000 4,000
Patrons 958 1,000 1,200 1,400
D-46
�,z-a3
Section 2
Capital Improvement Plan
1992-93 Budget Request
CAPITAL IMPROVEMENT PLAN
PROGRAM: Whale Rock Reservoir
REQUEST TITTLE: Whale Rock Pump Station
Project Description
This request would approve additional funding for the construction of this previously approved project. In 90/91, the
Commission approved the expenditure of$868,000 for the construction of the Whale Rock Pump Station. The revised
estimate for construction, including contingency, electrical requirements, inspection and construction management
services, is $1,147,000.
This project will increase the capacity of the Whale Rock conveyance system by adding-two 200 horsepower pumps
and back-up power at each of the two pump station sites.
Project Objectives
■ Provide adequate conveyance capacity to meet expected daily demands under drought conditions.
Existing Situation
The present Whale Rock conveyance pipeline and pump stations do not have adequate capacity to meet expected peak
daily demands of the member agencies under drought conditions. As the reservoir level drops, the pumping demand
increases. Also, during extended drought situations the Salinas Reservoir cannot be utilized to supply water, therefore
the full demand for surface water supplies is placed on the Whale Rock facilities. The two conditions necessitate
increasing the pumping capacity of the system.
Goal and Policy links
■ Whale Rock Commission Meeting, October 30, 1991, authorizing Amendment 1 to the design contract with
Kennedy/Jenks Consultants.
■ Whale Rock Commission Meeting, June 20, 1990, at which time Commissioners voted to direct staff to pursue
this project per the findings of the engineering consultant, Leedshill-Herkenhoff.
■ Water Management Plan
Project Work Completed
Kennedy/Jenks Consultant (KJC) have completed the plans and specifications for this project and are ready to proceed
into construction. The estimates below include construction administration and the implementation of a telemetry
system.
Schedule and Project Costs
Amendment No. 1 to the design contract for $18,050 is identified in 1991/92 The increased cost of contraction,
including contingency, electrical requirements, inspection and construction services, is identified in 1992/93.
Prior Project
Bud¢et(s) 1991-92 1992-93 1993-94 199495 Total
Pbasin
Study $ 35,000 $ 35,000
Design $ 136,000 $ 18,050 $ 154,050
Construction $ 868.000 $ S 279, $ 0 j; $1,147,
Total $1,039,000 $ 18,050 $ 279,000 $ 0 $ 0 $113361050
Recommended Funding Sources:
Whale Rock Fund $1,039,000 $18,050 $ 282,000 $ 0 $ 0 $1,339,050
The capital control account has $697,360 to support this activity. Approval of this request would authorize transfer
of$449,640 from working capital to the capital control account for the remaining required funds.
Alternatives
■ Defer or delay the project. Deferral of the project is not recommended by the Whale Rock commissioners or
staff, as the Whale Rock conveyance system is over twenty years old, and the equipment is deteriorated and
in need of replacement and upgrade.
Section 3
Changes in, Fund Balance
CHANGES IN FUND BALANCE
WHALE ROCK COMMISSION
1989-90 1990-91 1991-92 1992-93
ACTUAL ACTUAL BUDGET PROPOSED
Revenues.
Service Charges
Member Agency Contributions 240,500 314,500 388,700 366,300
Water Distribution Charges 254,400 236,603 280,500 308,500
Other Revenues 0 1,545 1,000 1,000
Total Service Charges 494,900 552,648 670,200 675,800
lnvestment and Property Revenues 114,200 104,155 82,800 50,000
Total Revenues 609,100 656,803 753,000 725,800
Expenditures
Operating Programs
Public Utilities 420,600 461,878 615,023 615,575
General Government 86,600 90,800 96,700 103,000
Total Operating Programs 507,200 552,678 711,723 718,575
Capital Projects 98,600 155,494 1,213,150 0
Total Expenditures 605,800 708,172 1,924,873 718,575
Other Sources (Uses)
Operating Transfers Out (6,800) 0 (5,000) (5,200)
Revenues and Other Sources Over(Under)
Expenditures and Other Uses (3,500) (51,369) (1,176,873) 2.025
Fund Balance, Beginning of Year 1,368,000 1,364,500 1,313,131 136,258
Fund Balance, End of Year $1,364,500 $1,31.3,131 $136,258 $138,283
APPENDIX B
FUND BALANCE DESIGNATIONS
AND RESERVES
Whale Rock Reservoir
WHALE ROCK
FUND BALANCE DESIGNATIONS AND RESERVES POLICY
The Whale Rock Commission will maintain a fund balance of at least 20% of operating
expenditures in the Whale Rock Fund. This is considered the minimum level necessary
to maintain the Commission's credit worthiness and to adequately provide for:
■ Economic uncertainties, local disasters, and other financial hardships
or downturns in the local or national economy.
■ Contingencies for unseen operating or capital needs.
■ Cash flow requirements.
The Commission may designate specific fund balance levels for future development of
capital projects which it has determined to be in the best long-term interests of the
Commission.
In addition to the designations noted above, fund balance levels will be sufficient to meet
funding requirements for projects approved in prior years which are carried forward into
the new year; debt service reserve requirements; reserves for encumbrances; and other
reserves or designations required by contractual obligations, state law, or generally
accepted accounting principles.
(pis-A9
MEETING DATE:
June 18 1992
WHALE ROCK COMMISSION REPORT MEMNUMBER:
III - 3
FROM: William T. Hetland, Utilities Director PREPARED BY: David Zweig/Sue Baasch
SUBJECT:
WHALE ROCK FACILITIES UPGRADE PROJECT
BACKGROUND:
RECOMIdENDATIONS:
1. Approve plans and specifications for Whale. Rock Facilities Upgrade Project,
soliciting of bids, and contract award by the CAO of the City of San Luis Obispo,
if the lowest responsible bid is within the Engineer's cost estimate.
2. Approve and authorize the Chairman to execute the attached contract with
Kennedy/Jenks Consultants in an amount not to exceed $69,500 for construction
support services for the Whale Rock Facilities Upgrade Project..
3. Approve the expenditure of $38,400 for the purchase of telemetry equipment for
the Whale Rock system, $20,000 for PG&E work at the pump stations, and
$50,000 for construction inspection.
DISCUSSION:
Plans and Specifications
On June 20, 1990, the Whale Rock Commission entered into an agreement with
Leedshill-Herkenhoff Inc. (now Kennedy/Jenks Consultants "KJC') for the design of the
Whale Rock Pump Stations Upgrade. The project consists of expanding the capacity of,
and modernizing, the 30 year old Pump Stations A and B. After the pump stations are
upgraded, it will be possible to meet all of the Commission agencies' water demands
from the Whale Rock Reservoir, alone if necessary. This feature is important during
emergency situations, such as the interruption of the Salinas Reservoir water supply and
during extended droughts. Additionally, the expanded capacity of the Whale Rock
pipeline may also prove to be useful in delivering Lake Nacimiento water to Commission
agencies in the future.
The planned Whale Rock Facilities Upgrade Project will include the following items of
work:
1. Replace two existing corrugated metal buildings with new concrete block
pumphouses at Pump Stations A and B.
2. Add two new 200 HP pumps to each of the two pump stations.
3. Add emergency generators to each of the two pump stations.
4. Upgrade and modernize the electric controls at pump stations A and B.
L#I-a-30
WHALE ROCK COMMISSION REPORT
Whale Rock Facilities Upgrade Project
Page 2
5. Replace two pumps and the electric controls at the Chorro Pump Station.
6. Upgrade electrical controls at the Chorro pump station to current code
requirements and permit the simultaneous operation of the two pumps.
7. Upgrade surge protection air valves at five locations along the Whale Rock
pipeline.
KJC has now completed the plans and specifications for the aforementioned project and
staff recommends that the Commission proceed with the construction phase.
Construction Support Services
The original contract for the Whale Rock Facilities Upgrade Project design stated that
Leedshill-Herkenhoff Inc. (now called KJC) will provide construction administration
services, with the understanding that a detailed scope of work and a budget estimate
be submitted at a later date. KJC has now submitted the attached proposal for
construction administration services which is satisfactory to staff.. The proposal by KJC
includes the following features:
1. Provide assistance to the Commission following bid opening.
2. Attend a pre-construction meeting.
J. Provide general construction support services.
4_ Review shop drawings.
5. Perform limited engineering inspection.
Day-today inspection and administration for this project will be provided by City staff,
at a cost to the Commicg;on not to exceed $50,000. KJC personnel will only be utilized
for the specialized functions described above.
Telemetry Equipment
The implementation of a telemetry system for the Whale Rock Pipeline and pump
stations is now in progress. Additional equipment is needed to make the telemetry
system fully functional, and to tie it in to the new pumps being supplied as part of the
Facilities Upgrade Project.
The telemetry system will consist of computers, electronic controls, and radios which will
allow for the operation and monitoring of the pipeline and pumps by a single individual
at a remote location (the Whale Rock Office in Cayucos). The pump stations now
require several people to operate manually. The planned telemetry system will allow for
more efficient and safer operation of the Whale Rock system:
WHALE ROCK COMMISSION REPORT
Whale Rock Facilities Upgrade Project
Page 3
FISCAL IMPACT:
The total estimated cost for this project is $1,147,000, as summarized below:
Construction $919,500 + 5% contingency 965,600
Construction Svcs $ 69,500 + 5% contingency 73,000
Telemetry Equipment 38,400
PG&E 209000
Inspection - Force Account 50.000
TOTAL $1,147,000
The 90/91 Budget identified $868,000 for the construction of this project. Now that
design is complete, the revised engineering estimate, including a 5% contingency is
$965,600. Construction managment, telemetry equipment, electrical requirements, and
staff inspection bring the total cost of construction to $1,147,000. In October 1991, the
Whale Rock Commission approved an amendment to the design contract authorizing an
additional $18,050, bringing the total design costs to $151,550. These expenses were
approved to come from the Whale Rock Fund Balance.
The Whale Rock Fund has projected funds to support this activity as follows:
Proj Working Capital - 6/30/92 $ 590,900
Capital Control Account 692.36
Total available funds $1,2839260
Amount of Request $1,147.00
Remaining $ 1363,260
Attachments: 1) Kennedy/Jenks contract
2) Plans and specifications (available in Council Office for inspection)
7
CONSULTANT SERVICE CONTRACT
This contract, made this day of , 1992, by and
between the Whale Rock Commission (hereinafter referred to as
"Commission") , and Kennedy/Jenks Consultants, (hereinafter referred
to as "Consultant") .
AITNESSETE:
WHEREAS, Commission desires to engage consultant to provide
construction support services for the Whale Rock Facilities Upgrade
Project, by reason of its qualifications and experience for
performing such services;
WHEREAS, Consultant has offered to provide the required services
on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROJECT COORDINATION
a. Commission. The Director of Utilities shall be the
representative of the Commission for all purposes under
this agreement. The Director, or designated
representative, hereby is designated as the Project
Manager for the Commission and shall supervise the
progress and execution of the project under this
agreement.
b. Consultant. Consultant shall assign a single Project
Manager to liaison with the Commission's representative.
Should circumstances or conditions subsequent to- the
execution of this agreement require a substitute Project
Manager for any reason, the Project Manager replacement
. 7 shall be subject to the prior written acceptance and
approval of the Commission.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all
specified services as set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
b. Laws to be observed. Consultant shall, with the care and
skill ordinarily exercised by members of the profession:
(1) Procure all permits and licenses, pay charges and
fees, and give all notices which may be necessary
and incidental to the due and lawful prosecution of
1
the services to be performed by Consultant under
this agreement;
(2) Keep itself informed of all existing and proposed
federal, state and local laws, ordinances,
regulations, orders, and decrees which may affect
those engaged or employed under this agreement, any
materials used in Consultant's performance under
this agreement, or the conduct of the services under
this agreement;
(3) At all times observe and comply with, and cause all
of its employees to observe and comply with all of
said laws, ordinances, regulations, orders, and
decrees mentioned above.
(4) Immediately report in writing to the Commission's
Project Manager any discrepancy or inconsistency it
discovers in said laws, ordinances, regulations,
orders, and decrees mentioned above in relation to
any plans, drawings, specifications or provisions
of this agreement.
c. Release of reverts and information. Any reports,
information, data or other material given to, or prepared
or assembled by, Consultant under this agreement shall
be the property of Commission and shall not be made
available to any individual or organization by Consultant
without the prior written approval of the Commission's
Project Manager. The Consultant shall be allowed, for
promotional purposes, to make known the nature of the
assignment in a general statement during the project and
may reproduce design information after it has become
public information or upon completion of this project.
d.:: Copies of reports and information. If Commission
requests additional copies of reports, drawings,
_. specifications, or any other material in addition to what
the Consultant is required to furnish in limited
quantities as part of the services under this agreement,
Consultant shall provide such additional copies as are
requested, and Commission shall compensate Consultant for
the costs of duplicating of such copies at Consultant's
direct expense.
e. oualification of Consultant. Consultant represents that
it is qualified to furnish the services described under
this agreement.
2
3. DUTIES OF CITY
The Commission agrees to cooperate with consultant to perform
that work described in Exhibit "A" attached hereto and
incorporated by this reference.
4. COMPENSATION
a. The Consultant will perform the work as described in
Exhibit "A" and Consultantagrees to accept compensation
in accordance with the schedule set forth in Exhibit "A".
b. Consultant will bill Commission on a monthly basis for
services performed during that month. Commission will
pay this bill within 30 days of receipt.
5. TIME FOR COMPLETION OF THE WORK
a. Project shall be completed in 4 weeks from date of
completion of construction.
b. Time extensions may be allowed for delays caused by
Commission, or factors not directly brought about by the
negligence or lack of due care on the part of the .
consultant.
6. TEMPORARY SUSPENSION
The Utilities Director shall have the authority to suspend
this agreement wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on
the part of Consultant to perform any provision of this
agreement. Consultant will be paid the compensation due and
payable to the date of temporary suspension.
7. SUSPENSION/TERMINATION
a: Rigbt to Terminate. The Commission retains the right to
terminate this agreement for any reason by notifying
Consultant in writing seven days prior to termination and
by paying the compensation due and payable to the date
of termination; provided, however, if this agreement is
terminated for fault of Consultant, Commission shall be
obligated to compensate Consultant only for that portion
of Consultant services which are of benefit to
Commission. Said compensation is to be arrived at by
mutual agreement of the Commission and Consultant and
should they fail to agree, then an independent arbitrator
is to be appointed and his decision shall be binding upon
the parties.
3
b. Return of Materials. Upon such termination, Consultant
shall turn over to the Commission immediately any and all
copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by
Consultant, and for which Consultant has received
reasonable compensation, or given to Consultant in
connection with this agreement. Such materials shall
become the permanent property of Commission. Consultant,
however, shall not be liable for Commission's use of
complete documents if used for other than the project
contemplated by this agreement. Consultant maintains
ownership interest over copyrighted material.
S. INSPECTION
Consultant shall furnish Commission with every reasonable
opportunity for Commission to ascertain that the services of
Consultant are being performed in accordance with the
requirements of this agreement. All work done and all
materials furnished, if any, shall be subject to the
Commission' s Project Manager's inspection and approval. The
inspection of such work shall not relieve Consultant of any
of its obligations to fulfill its agreement as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, models, plan documents and other
materials prepared by or in possession of Consultant pursuant
to this agreement shall become the permanent property of the
Commission, and shall be delivered to the Commission upon
. demand. The consultant may retain a reproducible copy for
their records. Consultant maintains ownership interest over
copyrighted materials. Use of such materials on any project
other than the project contemplated by this agreement shall
be at the Commission's sole risk.
10.-• ASSIGNMENT. SUBCONSULTANTS, EMPLOYEES
This agreement is for the performance of professional services
of the Consultant and is not assignable by the Consultant
without prior consent of the .Commission in writing. The
Consultant may employ other specialists to perform special
services as required with prior approval by the Commission.
11. NOTICES
To Commission: David Zweig, Water Projects Manager
Utilities Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
4
To Consultant: Elizabeth Teien, Project Engineer
Kennedy/Jenks Consultants
Marathon Plaza, Tenth Floor
303 Second Street
San Francisco, CA 94107
12. XNTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and
shall not acquire any interest, direct or indirect, financial
or otherwise, which would conflict in any manner or degree
with the performance of the services hereunder. Consultant
further covenants that, in the performance of this agreement,
no subcontractor or person having such an interest shall be
employed by Consultant. Consultant certifies that no one who
has or will have any financial interest under this agreement
is an officer or employee of Commission. It is expressly
agreed that, in the performance of the services hereunder,
Consultant shall at all times be deemed an independent
contractor and not an agent or employee of Commission.
13. INDEMNITY
Consultant hereby agrees to indemnify and save harmless
Commission, its officers, agents, and employees of and from:
a.. Any and all claims and demands which may be made against
Commission, its officers, agents or employees by reason
of any injury to or death of any person or corporation
caused by any negligent act or omission of Consultant
under this agreement or of Consultant's employees or
agents;
b.. Any and all damage to or destruction of the property of
Commission;- its officers, agents, or employees occupied
or used by or in the care, custody or . control of
Consultant, or property of others, or in proximity to the
site of Consultant's work, caused by any negligent act
or omission of Consultant under this agreement or of
Consultant's employees or agents;
C. Any and all claims and demands which may be made against
Commission, its officers, agents or employees by reason
of any injury to or death , of or damage to property
suffered or sustained by any employee or agent of
Consultant under this agreement, however caused;
excepting, however, any such claims and demands which are
the result of the negligence or willful misconduct of
Commission, its officers, agents, or employees;
5
/.2-37
d. Any and all claims and demands which may be made against
Commission, its officers, agents, 'or employees by reason
of any infringement or alleged infringement of any patent
rights or claims caused by the use of any apparatus,
appliance, or materials furnished by Consultant under
this agreement; and
e. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of
any term or condition of any permit, when said violation
of any law or regulation or of any term or condition' of
any permit is due to negligence on the part of the
Consultant.
Consultant, at its own cost, expense, and risk, shall
defend any and all suits, actions, or other legal
proceedings that may be brought against or for employees
on any such claim or demand of such third persons, or to
enforce any . such penalty, and pay and satisfy any
judgment or decree that may be rendered against
Commission, its officers, agents, or employees in any
such suit, action or other legal proceeding, when same
were due to negligence of the Consultant.
14, WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the
Labor Code of the State of California, which require every
employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with
the. provision of that code, and it certifies that it will
_. _ ._ comply with such provisions before commencing the performance
of .the work of this agreement.
15.__ INSURANCE
At. the request of the Commission, Consultant shall provide
proof of comprehensive general liability insurance ($1, 000,000
including automobile) and professional liability insurance
($1,000, 000) satisfactory to the Commission. Commission shall
be an additional named insured. insurance requirements are
attached as "Exhibit B".
16. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
6
C/�-3g
17. WAIVERS
The waiver by either panty of any breach or violation of any
term, covenant, or condition of this agreement or of any
provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach or violation of the same or
of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be deemed to
be a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement
or of any applicable law or ordinance.
18. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs
and attorney's fees expended in connection with such an action
from the other party.
19. DISCRIMINATION
No discrimination shall be. made in the employment of persons
under this agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall
thereby be found in material breach of this agreement.
Thereupon, Commission shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from
the amount payable to Consultant the sum of Two-hundred-fifty
Dollars ($250) for each person for each calendar day during
which such person was discriminated against, as damages for
said breach of contract, or both. Only a finding of the State
of California Fair Employment Practices Commission or the
equivalent federal agency or officer shall constitute evidence
of a violation of contract under this paragraph.
20. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between Commission and Consultant and supersedes all prior
negotiations, representations, or agreements, either written
or oral. This document may be amended only by written
instrument, signed by both Commission and Consultant. All
provisions of this agreement are expressly made conditions.
This agreement shall be governed by the laws of the State of
California.
7
IN WITNESS WHEREOF, Commission and. Consultant have executed this
agreement on. the. day and year first above written.
Kennedy/Jenks Consultants Whale Rock Commission
By• By:
8
Exhibit A
Kennedy/Jenks Consultants
Engineers and Scientists
Newhon Plan.Tenth Hoar
303 Se=rd Sreet
San Rancista iNarnia-5,007
28 January 1992
FAX 415-225-M029
Mr. David Zweig
Water Projects Manager
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Subject: Proposal for Engineering Services 1
Construction Support Services for Whale Rock Facilities Upgrade
K/J P91-151-SFO REVISED
Dear Mr. Zweig:
In response to your request, Kennedy/Jenks Consultants (KIJ) is pleased to submit this
proposal to provide construction support services to the Whale Rock Commission
(Commission) for the Whale Rock Facilities Upgrade Project.
UNPERSTANDING OF THE PROBLEM .. . .,
The Whale Rock Facilities Upgrade Project (Project), which involves the upgrade of the
Commission's Pump Stations A and B and Chorro Pump Station and surge protection along
the Whale Rock conduit, is currently in the final design stages. K/J is currently managing
and coordinating the design of the project.wluch'is being performed by Leedshiil-
'Herkenhoff, Jnc. fLM).
Once the plans and contract documents are finalized, in accordance with Task 5 of K/J's
current agreement with the Commission (dated 4 June 1990), K/J will provide the `
Commission with one.(1) set of reproducible plans and one unbound set of contract
documents.. Per Task 6 of that agreement, K/J wW also assist the Commission with the
f ollowing: '
• Distribution of the contract documents to contractors and suppliers;
• Interpretation of the drawings and contract documents during the bidding
period;
• Preparation of technical addenda;
• Attendance at the pre-bid f "- AA lu i
ik
Constance. �3!,
'!iris JAN so . =?
�T
Kennedy/Jenks Consultants
Mr. David Zweig
City of San Luis Obispo
28 January 1 SS2
Page 3
Task 4: Review Shop Drawings
K/J will review shop drawings submitted by the Contractor for general conformity with the
project plans and specifications and recommend appropriate action. It is anticipated that
all shop drawings will be submitted by the Contractor to the Commission and that the
Commission will forward two complete sets to K/J for our review. K/J will make every
effort to return reviewed shop drawings to the Commission within seven (7) working days
of receiving them. One marked up set of shop drawings will be returned to the
Commission for their review, action and transmission back to the Contractor. Eased on
the Draft Final Plans and Specifications submitted to the Commission in late Decamnber
1991, K/J anticipates reviewing approximately 40 to 45 shop drawings (total submittals
plus resubmittals) for this project.
Task 5: Perform Limited Engineering Inspection
As stated above, K/J has assumed that the Commission will provide a full-time on-site
inspector to monitor the day-today progress of the Contractor. K/J will attend the
following site visits:
• Two one-day site visits (one day for pump station A and one day for pump
station E) to provide electrical inspection at each pump station prior to the
switch-over to temporary power. It is anticipated that electrical inspection
of Chorro pump station will occur on one of these two days.
• Two one-day site visits (one day for pump station A and one day for pump
station S) to provide general inspection at approximately the fifty (50)
Percent complete stage to determine if the work is, in general, proceeding in
accordance with the plans and specifications. It is anticipated that general
inspection of Chorro pump station will occur on one of these two days.
• During the final weeks of construction and prior to the Contractor's '
demobirization, K/J will make two one-day site visits (one day for pump
station A and one day for pump station S) to ascertain substantial
compliance by the Contractors with the requirements of the plans and
specifications especially with respect to electrical and mechanical
components.. It is anticipated that Chorro pump station will be visited during
one of these two days.
• Two-one day site visits for attendance at start-up (one day for pump station
A and one day for pump station E). It is anticipated that start-up of Chorro
pump station will also occur on one of these two days.
Kennedy/Jenks Consultants
Mr. David Zweig
City of San Luis Obispo
28 January 1992
Page 5
The following table presents our estimates of the hours and costs required to complete the
services described above:
':^3f'..el:_�a.:^a,: W-
WOMWM
. .. . ;. .f.•. ...... Descnptron �,�J :Estimaiedsi• :: ;::< :. ' � '. �' ' ��GiQd':'":'^"?;: ;. .;; :i?..ti%> ., :;:::.. ost ,
,
Task 1: Evaluation of Sid's 10 $1,000
Task 2: Ar+end Pre-Construction Meeting 24 $2,500
Task 3: Provide General Construction -
Support Services 96 $10,000
Task 4: Review Shop Drawings 248 $27,200
Task 5: Arend Site Visits 142 $15,800
Project Management 28 $2,700
Miscellaneous Direct Costs (Reproduction, —F I ..
Travel, etc.) $10,300
=TOTALRKHOURS AND ESTIMATED
548 $69,500
Our proposed budget of $69,500 will not be exceeded withoufauthorization from the -
Commission. However, our level of effort and costs are highly dependent upon the.
performance of the contractor. If there are relatively few resubmittals required and few
change orders, the level of effort and costs may be somewhat lower. Conversely, if many
resubmittals and change orders are required, the level of effort and costs may be higher
than those estimated above and a budget augmentation may be necessary. We wig
invoice.you monthly for the'woik and expenses incurred during the preceding month.
If additional services are requested and authorized by the Commission, they will be
completed by K/J at additional cost to the Commission on.a time and expense basis in
accordance with the arached Schedule of Charges.
This proposal is based on current projections of staff availability and costs, and therefore,
is valid for 90 days.
ClientlAddress: CITY OF SAN LUIS OBISPO Kennedy/Jenks Consultants
955 MORRO STREET
SAN LUIS OBISPO, CA 94301
Corrract/Proposal Da:e: 28 January 1992
Schedule of Charges January 1, 1982
Personnel Compensation
Classification Hourly Rate
Drafter!T echnician . . . . . . . . . . . . . . . . . . . . . . S52
Designer/Senior Technican . . . . .. .. . . . . . . . . . . 65
Engineer-Scienaist, Grade 3 . . . . . .... . .. ... . . . . .... 65
Enjinew-Sciernist, Grade 2 . . . . . . . . . . . . . . . . . . . . . 83
Engineer-Scientist, Grade 1 .. . . ... . . . . . . . . . .. . .. 95
Senior Engineer-Scientist . . . . . . . . . . . .. . . . . . . .110
Supervising Engineer-Scientist. . . . . . . . . . . . . . . . . . .118
- PrinciWConsuliant . . . . . .. . . . . . . . . ....... . .. . . .125
:. Laboratory Analyst. . . . ... . . . . . . . . . . . . . . . . . . . . . 53
word Processor . . . . . . .. . . . . . . . . . . . .. . .. . . .. . . A5 .
Non-Technical' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
'Non-technical tine will be charged only for preparation of technical repors and simflar material and
does not apply io rolihe administrative-type activities.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost
plus ten percent for items such as
a. Maps, photographs, reproductions, printing, equipment rert,al, and special supplies related to the work
b.'Consurants, soils engineers, surveyors, contractors, and other outside services
c. Rented vehicles, local public transportation and 'axis, travel and subsistence.
d. Telecommunications and delivery charges.
e. Special lees, insurance, permits, and licenses applicable to the work
f.. CFLYWde computer processing, computation, and proprietary programs purchased for the work
Reimbursement for owned automobW except trucks and four-wheel drive vehicles, used in connection
with the work will be at the rate of 359 per mile. The rate for trucks and four-wheel drive vehicles will be
S25 per day and 406 per mile.
Reimbursement for use of microcomputers.w81 be at the rate of S10 per hour. Reimbursement for use of
computerized dreing systems (CADD) will be at the rate of S20 per hour for microcomputer based
systems and Sao per hour for minicomputer based s;%ems.
Rate for professional staff for legal proceedings or as expert witnesses will e•h
be at a rate one and onaff
times the Hourly Pates specified above.
In-house laboratoy analysis, sampling vehicle, and equipment charges will be per current rate schedule
or special quotation.
Excise and gross receipts :axes, If any, will be added as a direct expense.
Additional processing ch&rges will be added for other than standard invoice backup dor-jmeralion...
The ioregoing Schedule of Charges is incorporated into the agreement for the services provided, effective
December 21, 1991 through December 18, 1992. A`er December 18, 1992, invoices will reflect the Schedule
of Charges cirrently in effect
44.1.11
EXHIBIT B
INSURANCE REQUIREMENTS FOR CONSULTANTS
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 the Consultant,
his agents, representatives, employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Comprehensive General LiabTty coverage (occurrence form CG OOD1).
2 Insurance Services Office form number CA OOD7 (Ed. 11M covering Automobile Liability, Code 1 (any auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance,
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limfts of Insurance
Consultant shall maintain Omits no less than:
1. General Liability: 51,000,000 per occurrence for bodily injury, personal Injury and property damage. If
Commercial General Liability or Other form with a general aggregate Omit 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 OmiL
2 Automobile Liability: 51,000.000 per accident for bodily injury and property damage.
3. Employer's Liability. S1,OOD,000 per accident for bodity'injury or disease.
4. Errors and Omissions Liability. s1,000,00D on a claims made, annual aggregate basis.
Deductible and Seff4nsured Retentions
Any deductibles or seltainsured retentions have been declared to and approved by the Commission.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions:
1. The Commission, its officers, officials, employees, agents and volunteers we to be covered as additional insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant or automobiles owned,
leased, hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope of
protection afforded to the Commission, Its officers, officials, employees, agents or volunteers.
2 For any claims related to this project, the Consultant's insurance coverage shall be primary Insurance rg fe"c"
the Commission, its officers, officials, employees, agents or volunteers. Any insurance or aeltansuranoe
maintained by the Commission, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with IL
3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall "I
affect coverage provided to the Commission, its officers, officials, employees, agents or volunteers.
4. The Consultant's Insurance shall apply separately to each Insured against whom claim Is made or suit is brougft,
except with respect to the limits of the insurer's liability.
5 Each insurance policy required by this clause shell be endorsed to state that coverage shall not be suspended,
voided,cancelled 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 Commission.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than B:DL
Verification of Coveraoe
Consultant shall furnish the Commission with original endorsements effecting coverage required by this clause. 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 Commission before work commences.