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HomeMy WebLinkAbout07/20/1999, C9 - CONTRACT WITH URS GREINER WOODWARD CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT council. 11MmuoyD.e i7-20-99 � j ac En as Repout ;C9 C I T Y OF SAN L U IS O B I S P O FROM: John Moss,Utilities Directo �, Prepared By: Gary W. He erson, Water Division Manager SUBJECT: Contract with URS Greiner Woodward Clyde Consultants for the Salinas Reservoir Expansion Project. CAO RECOMMENDATION By motion, (1) Approve the contract with URS Greiner Woodward Clyde for the Salinas Reservoir Expansion Project for a total compensation not to exceed $828,610, and, (2) Approve advancing project funding identified as second year CIP project funding for this project in the amount of$351,200. DISCUSSION Background The City of San Luis Obispo has been pursuing the Salinas Reservoir Expansion Project for many years to increase available water supplies to meet existing and future community water needs. The project involves the installation of operable gates in the spillway which would increase the maximum water surface elevation by 19 feet. The project would increase the storage capacity from 23,843 acre feet(af)to 41,792 of which would increase the safe annual yield from the reservoir by 1,650 acre feet per year(afy). In 1988,the City hired the firm of Woodward-Clyde Consultants to prepare studies relative to the potential expansion of the reservoir. The final studies associated with preliminary geotechnical evaluation,seismic analysis,increased reservoir yield,and evaluation of alternatives was completed in December of 1990. The studies indicated that with modifications in the area of the right abutment,the dam could safely be expanded with the installation of spillway gates. Following completion of the feasibility studies, the City contracted with Woodward-Clyde to prepare the environmental impact report(EIR)for the proposed expansion project. The initial draft EIR for the Salinas Reservoir Expansion Project was released for public comment in November of 1993. The public comment period closed on January 3, 1994 and numerous comments and concerns were raised by individuals and agencies relative to the project related impacts. Based on the comments raised, the City Council approved an amendment to the contract for Woodward- Clyde to prepare a revised draft EIR for the project. The revised draft EIR was released for public comment in May of 1997. The Final EIR for the project addressed the comments received on both the initial and revised drafts of the EIR. The Final EIR was certified by the City Council on June 2, 1998 but the City has not made the determination to proceed with the project and therefore has not filed the formal"Notice of Determination" for the project. C9-1 Council Agenda Report—Contract with URS Greiner Woodward Clyde Page 2 On March 23, 1999, the City Council had a study session relative the "Water Supply". The meeting focused on the water supply projects currently being pursued by the City to meet existing and future city water demands. In addition to an aggressive ongoing water conservation program, the City is pursuing the Water Reuse Project,Nacimiento Pipeline Project and the Salinas Reservoir Expansion Project. While the City is very supportive of the Nacimiento Project, there are indications that the project may not be supported at this time by all the agencies which are currently involved in the project. If the project fails to move forward in the near future,the City will need to quickly move forward with the Salinas Reservoir Expansion Project to meet our communities water needs. At the study session in March,the Council agreed that the City should move forward with the additional work for the Salinas Reservoir Expansion Project which is outlined in more detail in the following sections and in Exhibit A and B to this report (Exhibit A & B are in the Council Office for review). Additional Work Necessaryfor the Project There are several areas of work associated with the potential expansion of the reservoir which must be addressed prior to initiating final design and construction. The four main issues are 1.)transfer of ownership of the dam and surrounding property,2.)resolution of the protest to the City's water rights permit, 3.) development of detailed mitigation plans, and 4.) additional structural analysis required for State Division of Dam Safety (DSOD) certification of the dam following ownership transfer. The work required for each of these areas is discussed in detail in the following sections. Ownership The U.S. Army Corps of Engineers(Corps)owns the dam,pipelines and pumping station as well as 4,400 acres surrounding the lake. The dam has not served a federal purpose for more than 40 years and the Corps has desired for many years (30+) to transfer the ownership of the dam and surrounding property to a local agency. For many years the City and the County have disagreed as to which agency should acquire ownership of the facilities and land. In 1992, the City Council supported transfer of the dam and property to the San Luis Obispo Flood Control and Water Conservation District (District). The District currently operates the dam and water delivery facilities. The intent is to maintain the existing conditions with the District providing operation and maintenance activities relative to the dam and pipelines. The County General Services Department would continue to operate and maintain the park and recreation facilities and management of the property surrounding the lake. City and County staff have developed the draft agreements relative to transfer of the property and operations and maintenance of the facilities. There are three separate agreements: 1.) ownership transfer, 2.) operations and maintenance of dam and related facilities, and 3.) operation and maintenance of recreation facilities and surrounding property. These agreements are expected to be presented to the Council for approval later this year and then presented to the Board of Supervisors for their approval. C9-2 Council Agenda Report—Contract with URS Greiner Woodward Clyde Page 3 The work required to allow the property to be transferred from the Corps to a local agency includes the following: ♦ National Environmental Policy Act(NEPA)compliance ♦ Hazardous Material Evaluation ♦ Cultural Resources Compliance ♦ Property Boundary Line Delineation ♦ Coordination with Corps and Other Agencies The detailed scope of services for each of these areas is outlined in the proposal from URS Greiner Woodward Clyde dated June 25, 1999 (Exhibit A). The estimated budget for the activities listed above is$292,910. Water Rights Permit Hearing The City's water rights permit (#5882) was issued by the State Water Resources Control Board (SWRCB) on June 4, 1941 for diversion and storage of up to 45,000 acre feet per year of water from the Salinas River. Water rights permits are issued for a period of time (up to 10 years) to allow the permittee the ability to put the water to full beneficial use. Once the permittee has used the maximum amount of water allowed by the permit,they can request a"license"for that amount. Since the gates were not installed during the original construction,the maximum permitted storage has not been accomplished and the City has requested numerous time extensions to our permit. This is a common practice for municipalities that are not using their full permitted water rights but will need the water to meet future growth within the community. In 1991,the City requested a ten year time extension for our permit from the SWRCB. The time extension request was publicly noticed and one protest was received by the SWRCB during the formal protest period. The protest was filed by the California Sportsfishing Protection Alliance (CSPA) which claimed potential impacts to downstream fishery resources. The resolution of the protest will require a hearing before the SWRCB. Preparation for the hearing will require coordination with legal counsel and the consultants that prepared the analysis relative to downstream flow impacts,biological resources,etc. The detailed scope of services for URS Greiner Woodward Clyde support for the hearing are outlined in Exhibit B. The estimated budget for these services is $25,000. In addition to these costs, it is estimated that the legal counsel for the hearing will cost an additional $25,000. A separate contract for legal services will be brought to Council for approval later this summer. C9-3 Council Agenda Report—Contract with URS Greiner Woodward Clyde Page 4 CEQA Compliance The Final Environmental Impact Report for the Salinas Reservoir Expansion Project was certified by the City Council on June 2, 1998. The"Notice of Determination" (NOD)has not been filed for the project and the final decision to proceed with the project has not been made. Prior to filing the NOD,the detailed mitigation plans must be prepared so that"findings" for potential project related impacts can be made. Development of the detailed mitigation plans will require negotiations with private property owners in the vicinity of the reservoir. Surveys of potential mitigation sites will be undertaken to determine whether the site will be an appropriate site for proposed enhancements. The detailed work scope is outlined in Section 2 of Exhibit A and is estimated to cost$174,200. Dam EngineermgStudies The Salinas Dam is currently owned by the U.S. Army Corps of Engineers and as such falls under the federal guidelines for dam safety and oversight. Following the transfer of ownership to a local agency,the dam will be under the jurisdiction of the Department of Water Resources,Division of Safety of Dams(DSOD). Additional analysis is required to ensure that the dam can be certified by DSOD following the ownership transfer. The additional analysis includes hydrology and hydraulics studies, concrete sampling of the existing structure, seismic analysis, and abutment stability review. Preliminary studies were completed in 1990 relative to the structural adequacy of the existing dam. Since that time,some of the design criteria for dams have be modified and more detailed analysis is required to insure that the dam can be expanded and meet the requirements of DSOD. The additional work related to the dam engineering studies are outlined in Section 4 of Exhibit A. The estimated budget for completion of these studies is$336,500. Summary The additional work associated with the Salinas Reservoir Expansion Project, as outlined in this staff report and the attached exhibits,involves four main areas of work: 1.)transfer of ownership of the dam and surrounding property,2.)resolution of the protest to the City's water rights permit,3.) development of detailed mitigation plans, and 4.) additional structural analysis required for State Division of Dam Safety(DSOD) certification of the dam following ownership transfer. The total budget related to these activities is estimated at $828,610. The nine to ten month schedule for the work (as shown in Exhibit A) is very optimistic and work is likely to extend into the next fiscal year. ALTERNATIVES ■ Use in-house staff resources. The studies and additional analysis require technical expertise which is beyond the capabilities of the city staff. There are some areas which are currently C9-4 Council Agenda Report—Contract with URS Greiner Woodward Clyde Page 5 proposed to be handled by city staff and these areas could be expanded if staff resources were available. Due to current city staff workloads, assumption of additional workload responsibilities would have impacts in other areas which would not be acceptable. Therefore, this alternative is not recommended. ■ Delay this work This option is not consistent with prior Council direction. The delay could impact the City's water rights relative to expanding the capacity of the reservoir. Delaying work to a later date would also impact the City's ability to quickly move forward with the project if the Nacimiento Project fails to move forward. For these reasons,this alternative is not recommended. FISCAL IMPACT Approval of the contract with URS Greiner Woodward Clyde will provide for compensation for a total sum not to exceed$828,610. Funding for this project will be provided from the Water Fund. The Salinas Reservoir Expansion Project is identified in the 1999/01 Financial Plan, Appendix B on pages 63-67. There is $237,500 available from the 1998-99 budget,$240,000 identified in the 1999/00 approved budget for additional studies,and $930,000 identified in the 2000-01 budget for studies and design. This represents a total budget for the next two years of$1,407,500. The design work associated with the dam engineering analysis was not anticipated to occur until the 2000-01 fiscal year at the time the Capital Improvement Plans were being prepared. During development of this Phase I consultant services agreement for the Salinas Reservoir Expansion Project, it was determined that some of the analysis necessary for design should occur earlier than originally planned, that is in the 1999-00 fiscal year. The approval of the contract for Phase I work is $828,610. This will require approval to bring funding forward from the second year of the financial plan in the amount of $351,200. $578,800 will remain available in the 2000-01 budget for completing the additional design work associated with the next phase of the project. Approved Project Funding Phase Prior Budget 99-00 00-01 Total Study $237,500 $240,000 $230,000 $707,500 Design $700,000 $700,000 Total $237,500 $240,000 $930,000 $1,407,500 Recommended Project Funding Phase Prior Budget 99-00 00-01 Total Study $237,500 $591,200 $-0- $828,700 Design $578,800 $578,800 Total $237,500 $591,200 $578,800 $1,407,500 Attachment: Consultant Contract Agreement for Phase I for the Salinas Reservoir Expansion. Council Office for Review: Exhibit A: Phase I Scope of Services for Salinas Reservoir Expansion Project Exhibit B: Scope of Services to Support for Support for the S WRCB Hearing C9-5 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and URS Greiner Woodward Clyde, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, the City and Consultant have completed the Final Environmental Impact Report for the Salinas Reservoir Expansion Project; WHEREAS,the U.S.Army Corps of Engineers(ACOE)owns Salinas Reservoir/Dam and the surrounding property and has stipulated that the property must be transferred to local control prior to project approval and implementation; WHEREAS, a number of studies and surveys must be completed to allow the ACOE to transfer the property; WHEREAS,the City Council has directed that the detailed mitigation plans be developed for the expansion project prior to filing the "Notice of Determination" and proceeding with the Project; WHEREAS, additional hydraulic and structural analysis must be undertaken to provide information required by the State Division of Safety of Dams for certification of the facility; WHERERAS, a hearing before the State Water Resources Control Board to resolve the protest to the City's water rights permit will require the services of the Consultant; WHEREAS,Consultant has offered to provide the required services as detailed in the scope of work for Phase I of the Salinas Reservoir Expansion Proj ect(Exhibit A); WHEREAS, Consultant has offered to provide the required services as outlined in the "Scope of Services to Support the City of San Luis Obispo in the Upcoming State Water Resources Control Board Water Rights Hearing for the Salinas Reservoir Expansion Project" (Exhibit B) dated June 25, 1999. C9-6 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 as described in the proposal titled "Phase I Scope of Services for Salinas Reservoir Expansion Project", dated June 25, 1999 and the proposal titled "Scope of Services to Support the City of San Luis Obispo in the Upcoming State Water Resources Control Board Water Rights Hearing for the Salinas Reservoir Expansion Project" (Exhibit B)dated June 25, 1999. 2. INCORPORATION BY REFERENCE. Consultant's proposals dated June 25, 1999,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing consultant services as specified in this Agreement, City will pay and Consultant shall receive compensation in a total sum not to exceed $828,610. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Consultant agrees with City to provide consultant services as described in Exhibit A and 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 Utilities Director 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. C9-7 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 955 Morro Street San Luis Obispo, CA 93401 Consultant Robert Ray URS Greiner Woodward Clyde 130 Robin Hill Road, Suite 100 Santa Barbara, CA 93117 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk Mayor Allen Settle APPROVED AS TO FORM: CONSULTANT By: o y C9-8 INSURANCE REQUIREMENTS: Consultant Services The 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, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) 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 Limits of Insurance. Consultant shall maintain limits no less than: 1. 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. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. 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 the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: C9-9 14 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of 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 City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. 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. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN. Verification of Coverage. Consultant shall finnish 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. C9-10 M COUNCIL O CDD DIR - ®CAO O FIN DIR F TING AGENDA 0 ACAO D FIRE CHIEF DA E 'I�ITEM #C 4 Exhibit C ®ATTORNEY DPW DIR 0 CLERKIORIO D POLICE CHF CONTRACT PERFOR NMRIMMS D M DIR 1. Business Tax. Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. Consultant warrants that it possesses,or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with applicable federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Consultant is required to pay. 5. Permits and Licenses. Consultant shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 6. Safety Provisions. Consultant shall conform to the applicable rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City,furnish, erect and maintain such fences,temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Consultant shall provide and install suitable safeguards, approved by the City,to protect City property from injury or damage. If City property is injured or damaged as a result of Consultant's negligent performance, it shall be replaced or restored at Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 9. Immigration Act of 1986. Consultant warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Consultant Non-Discrimination. In the performance of this work,Consultant agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default,act,or omission of the City,or by strikes, fire, earthquake,or any other Act of God,or by the inability to obtain materials,a uip E NED labor due to federal government restrictions arising out of defense or war prog s,then the J U L Z 0 1999 SLO CITY CLERK Exhibit C:Contract Performance Terms Page C-2 time of completion may,at the City's sole option,be extended for such periods as may be agreed upon by the City and the Consultant. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Consultant(Net 30). 13. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 15. Interests of Consultant. Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Consultant further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,Consultant shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Consultant agrees to defend, indemnify, protect and hold the City and its officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Consultant's employees, subconsultants or officers which arise from or, are connected with or are caused or claimed to the extent caused by the negligent acts or omissions of Consultant, and its subconsultants, officers or employees,in performing the work or services herein, and all reasonable and necessary expenses of investigating and defending against same,provided, however, that Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents,officers or employees. 17. Year 2000 Compliance. The Consultant warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. Upon request by the City, the Consultant will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance.