HomeMy WebLinkAbout2007/04/03 Item 3
CITY COUNCIL
AGENDA STATEMENT
~'Yf:. elIT OF
..lE~ (HULA VISTA
Meeting Date: 4/3/2007 Item.3
ITEM TITLE:
RESOLUTION AUTHORIZING THE APPROPRIATION
OF $70,000 FROM AVAILABLE BALANCE OF TRUNK
SEWER CAPITAL RESERVE FUNDS TO PROJECT NO.
SW249 FOR THE PREPARATION OF A JOINT FEASIBILITY
STUDY FOR THE CONSTRUCTION OF A WASTEWATER
RECLAMATION PLANT.
CITY ENGINEER 51 ~
INTERIM CITY MANAGER d I
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES X NO
BACKGROUND
Concurrent with the General Plan Update, the City prepared a Wastewater Master Plan Update,
which estimated that the City requires additional treatment capacity for five to six million gallons
per day of sewage with build-out. Several options are being pursued to meet this anticipated need.
One option for the provision of the additional treatment capacity is the construction of an
independent potentially City-owned, wastewater reclamation facility. To facilitate this, the City
has partnered with Sweetwater Authority and Otay Water District for a joint feasibility study for a
Wastewater Reclamation Plant that would serve the needs of the three agencies. The study had an
initial estimated total cost of $150,000 to be shared across the three agencies. The study has
gained the support of the San Diego County Water Authority, which has resulted in the award ofa
$25,000 grant.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines at this time; therefore,
pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Once the project has been defined, environmental review will be required and a CEQA
determination completed.
RECOMMENDATION: That Council approve the Resolution authorizing the appropriation of
$70,000 from the available balance of Trunk Sewer Capital Reserve Funds to Project SW249 for
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Meeting Date 4/3/2007
the preparation of a Joint Feasibility Study for the construction of a Wastewater Reclamation
Plant.
BOARDS/COMMISSION RECOMMENDATION: At its July 31, 2006 meeting, the
Interagency Water Task Force endorsed this effort given the regional need to increase sources and
use of recycled water.
DISCUSSION
Sewage generated in the City of Chula Vista is conveyed to the City of San Diego's Point Lorna
and Southbay Treatment Plants through a contract with the City of San Diego. "Treatment
capacity rights" is the maximum amount of sewage that an agency can send into the treatment
system on any given day through its contract with the City of San Diego's metropolitan sewage
system. Treatment capacity is quantified in terms of million gallons per day (mgd).
The Wastewater Master Plan Update was done concurrently with the General Plan Update to
quantify the amount of sewage that would be generated by the City at buildout under any of the
land use scenarios evaluated as part of the General Plan Update. Based on those findings, steps
would be taken to ensure that the City either had adequate capacity rights or a plan to acquire the
rights in the Metro system to sustain the projected development contained within the adopted
General Plan.
The City currently has treatment capacity rights to 19.843 million gallons per day. The overall
Metro system capacity has been increased from 240 mgd to 255 mgd with the completion of
Southbay Water Reclamation Plant (a 15 mgd plant). Upon completion of the capacity re-rating
process (currently underway), it is estimated that the City will gain an additional 1.021 mgd of
treatment capacity rights as our portion of the addition of that plant, giving the City a total
capacity of20.864 mgd.
Based on current projections, the City's existing Metro capacity rights will be exceeded by year
2011. Projections show that the City will be generating approximately 26.2 mgd at build-out
(2030) meaning that the City requires an additional five to six mgd of treatment capacity to sustain
the City at buildout.
Additional capacity can be secured in a variety of ways: the purchase or lease of the required
capacity rights from another participating agency in the Metro system that has excess capacity
rights, the construction of a treatment facility (i.e., a reclamation plant), partnering with the City of
San Diego to accelerate or increase existing plant expansions, and/or planned large developments
designed to include reclamation plants.
Construction of a New Treatment Facility
While all options to secure additional capacity are being explored, tonight's action applies specifically
to the effort to assess the feasibility of the City of Chula Vista constructing a wastewater reclamation
plant.
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Meeting Date 4/3/2007
The type of wastewater reclamation plant under consideration is commonly referred to as a "Scalping
Plant" because it operates as follows: flow is diverted ("scalped") from an adjacent sewer line into the
plant where it undergoes treatment to generate Title 22 recycled water that could be used for irrigation
or industrial purposes. The resulting by-product of the treatment process (Le., effluent with a high
solids concentration) is then sent back into the same adjacent sewer line for transport to the wastewater
treatment facility. Otay Water District and Sweetwater Authority recently completed independent
studies that indicate that both agencies have a need for recycled water that could be generated through
this partnership.
The project team is currently considering two potential sites for this facility:
. Site I - This site is generally located at the southwest comer of the intersection of Main
Street and Fourth Avenue, Chula Vista. At this location, the plant could be served by Salt
Creek, Date/Faivre and Main Street Trunk Sewer lines.
. Site 2 - This site is generally located at the end of Quarry Road in the vicinity of the State
Route 125 crossing of the Sweetwater River on San Diego County property. At this location
the plant could be served by the Spring Valley Outfall since that line also conveys flow from
Chula Vista.
The project team is collaborating with City staff in reviewing available options for the siting of this
facility, to ensure that sites being considered have not been previously identified for other higher
priority City projects.
Other Agency Interests
Sweetwater Authoritv
Sweetwater Authority does not currently have recycled water capabilities. Recently Sweetwater
prepared a Recycled Water Master Plan that evaluated the potential market for recycled water and the
Agency's ability to meet the needs of its potential customers either through the utilization of its
existing potable water distribution systems and water sources or through the construction of new
recycled water distribution systems and new recycled water sources.
Otay Water District
Otay Water Authority currently has a wastewater reclamation plant and distribution systems, which
they use to serve their customers. A significant portion of their customer base is located in the eastern
territories of the City. Through a recent evaluation of their recycled water generation capabilities
(including the supplemental flow obtained through a long-term purchase agreement with the City of
San Diego) and the market demand, Otay determined an expansion of their recycled water generation
capabilities is necessary.
By constructing a wastewater treatment plant that would generate five to six mgd of recycled water,
which could be utilized by Otay and Sweetwater, the City could prevent five to six mgd of flow from
going into the Metro system, hence meeting the capacity need.
In recognizing these intersecting interests the three agencies decided to pursue a joint project,
beginning with a feasibility study that would examine how to address the needs of all three agencies.
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Meeting Date 4/3/2007
Since they were on a very aggressive schedule, Sweetwater elected to be the lead agency for the
purpose of retaining a Consultant to prepare the feasibility study and managing the project.
San Diego County Water Authority
Given the regional need to increase sources and uses of recycled water, the project was supported
by the San Diego County Water Authority with the award of a $25,000 grant.
Project Status & Funding Request
Interagencv Expenditures - Consultant Costs
After reaching tentative interagency agreement on the scope and goals of the study, the City
agreed to participate in the partnership with the understanding that individual agency contributions
would not exceed $50,000 (within the City Manager's approval authority). (See Attachment I).
The $25,000 San Diego County Water Authority grant brings the total cost to be shared by the
three partners to $125,000 or about $42,000 each.
The project team, made up of staff from the three agencies, issued a Request for Proposals, and
received responses from two consultants. After evaluating the proposals, RMC Water and
Enviromnent was selected. RMC is a local San Diego firm with experience in reclamation plant
design and will prepare the feasibility study for an amount not to exceed $144,000. It is
anticipated that this study will be completed within the next four months. A copy of the
consultant's scope of services for the project is attached (See Attachment 2).
In-house Project Expenditures - City Staff Costs
In addition to the shared costs incurred by City, there are other in-house project-related
expenditures associated with this project. City staff is currently participating in the study and
assisting the Consultant with the following tasks: quantification of the flow generation from the
City, review of the siting criteria, determination of infrastructure requirements, review of
economic feasibility plans, comparison of plant costs to Metro Expenditures, determination of rate
impacts and other related project tasks needed to complete the project. The in-house costs are
currently estimated at $20,000.
Therefore, the City's total cost to complete the project is currently estimated at $70,000.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund with this action. Chula Vista's portion of the project cost
will be funded by the Trunk Sewer Capital Reserve Fund. Shared project costs are not to exceed
$150,000 without prior written approval, with each of the three participating agencies contributing
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Meeting Date 4/3/2007
no more than $50,000. Otay Water has requested an additional task specific to their situation
($20,000 cost) that is being paid solely by their agency (See Attachment 3). City in-house staff
costs are estimated at $20,000. Therefore, approval of this resolution will authorize the
appropriation and utilization of $70,000 of Trunk Sewer Capital Reserve Funds for this project.
ATTACHMENTS
1. Letter of interest/Support for Funding the Study
2. Scope of Services
3. Fiscal Analysis - Project Cost Estimate.
Prepared by: Anthony Chukwudolue, Sr. Civil Engineer, Engineering Department
J: IEngineerlAGENDA \CAS2007\04-03-07\MBR.JointFeasibility. revisedL W.doc
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ATTACHMENT
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OFFICE OFTHE CI'TY MANAGER
JunE127, 2006
File No. 0790-SS-KY-70S
Mr. Dennis Bostad, General Manager
Sweetwater Authority .
P.O. Box 2328
Chula Vista, CA 91912-2328
Dear Mr. Bostad:
SUBJECT: Membrane Bioreactor Feasibility Study - Letter of Interesl/Support for Funding the Study
The City of Chula Vista understands that Sweetwater Authority (Sweetwater) and Otay Water District
(Otay), intend to pursue a feasibility study for a membrane bioreactor facility that will be built to meet the
needs of all the agencies involved. Furthermore, we also understand that San Diego County Water
Authority (SDCWA) has agreed to participate financially in this study and have provided funding in the
amount of $25,000 through their Financial Assistance Program. Based on the agreements reached at the
last staff meeting, all the work associated with this project will be coordinated through Sweetwater with the
assistance of a civil engineering consulting firm. Selection of the consultant will be made by Sweetwater's
Governing Board: however, a representative(s) from our agency will be participating to provide input in the
selection process. An initial scope of work was received with your letter. We understand that it is subject
to change and is dependent on the final terms of the consultant agreement.
The City of Chula Vista agrees to have this work completed and will proportionally share in the costs to
complete the study. In your letter, you indicated that the cost of the project would be for an amount not to
exceed $1S0,OOO. Based on our calculations, Chula Vista can antlcipate its cost to be approx. $42,000.
However, to accommodate incidental costs associated with projects of this nature, the City will be willing
to participate in the study up to an amount not to exceed $SO,OOO. Chula Vista will not be liable for
expenditures beyond this amount unless written approval is provided. Payment shall be forwarded to your
agency within thirty (30) days of receipt of your invoice and supporting documentation. Upon receipt of the
notice of funding from CWA, and finalizing the scope of work and contract with a consultant, the cost
sharing can then be formalized.
The City of Chula Vista's contact for this project shall be Leah Browder, Acting Director of Engineering.
Please direcl all correspondence and notices to her attention.
Since~
IJ? /~
I.Ji~_ThOmson
. Interim City Manager
cc: Dana Smith, Assistant City Manager
Leah Browder, Acting Director of Engineering
J;\Engin,erISEWERIMETRO\Capacity AcquisitionVoint-City-SW A-MBR-Feasibility-StudylSW A-Interest-Letter .3l:.doc
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910' (619) 691-5031 . FAX (619) 409-5884
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<\TTACHMENT 2.
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
RMC WATER AND ENVIRONMENT
This agreement is made and entered into as of tJOV.e..YY\ be,\-- q , 2006. by and
between the SWEETWATER AUTHORITY (hereinafter referred to as the "Authority"), a joint
powers agency operating under the Irrigation District Law, Water Code !l 20500 et seq., and
RMC Water and Environment (hereinafter referred to as "Consultant").
RECITALS
A. Three (3) agencies: Sweetwater Authority, City of Chula Vista, and Otay Water
District, are in need of professional services for the following project: MEMBRANE
BIOREACTOR FEASIBILITY STUDY (hereinafter referred to as "the Project").
B.
services.
Consultant is duly licensed and has the necessary qualifications to provide such
C. The Authority is acting as "lead agency" for the three (3) agencies to contract with
Consultant to have the said work completed.
D. The party's desire by this agreement to establish the terms for Authority to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
(1) Services.
Consultant shall provide the Authority with the services described in the Scope of Services
attached hereto as Exhibit "A.n
(2) Comoensation.
(a) Subject to Paragraph 2(b) below, the Authority shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit 'B."
(b) Consultant will perform services on a time-and-material basis. In no event
shall the total amount,paid for services rendered by Consultant pursuant to Exhibit "A" exceed
the sum of (One Hundred and Forty-Four Thousand Dollars) ($144,000). Periodic payments shall
be made within thirty (30) days of receipt of a statement for services rendered. Payments to
Consultant for work performed will be made on a monthly billing basis.
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AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
RMC WATER AND ENVIRONMENT
This agreement is made and entered into as of , 2006, by and
between the SWEETWATER AUTHORITY (hereinafter referred to as the "Authority"). a joint
powers agency operating under the Irrigation District Law, Water Code ~ 20500 et seq., and
RMC Water and Environment (hereinafter referred to as "Consultant").
RECITALS
A. Three (3) agencies: Sweetwater Authority, City of Chula Vista. and Otay Water
District, are in need of professional services for the following project: MEMBRANE
BIOREACTOR FEASIBIL TIY STUDY (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Authority Is acting as "lead agency" for the three (3) agencies to contract with
Consultant to have the said work completed.
D. The party's desire by this agreement to establish the terms for Authority to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
(1) Services.
Consultant shall provide the Authority with the services described in the Scope of Services
attached hereto as Exhibit "A."
(2) Comoensation.
(a) Subjectto Paragraph 2(b) below, the Authority shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
"
(b) Consultant will perform services on a time-and-material basis. In no event
shall the total amount.paid for services rendered by Consultant pursuant to Exhibit "A" exceed
the sum of (One Hundred and Forty-Four Thousand Dollars) ($144,000). Periodic payments shall
be made within thirty (30) days of receipt of a statement for services rendered. Payments to
Consultant for work performed will be made on a monthly billing basis.
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AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
(3) Additional Work.
If changes in the work seem merited by Consultant or the Authority, and informal
consultations with the other party indicate that a change is warranted, it shall be processed by
the Authority in the following manner: a letter outlining the changes shall be forwarded to the'
Authority by Consultant with a statement of estimated changes in fee or time schedule. An
amendment to the agreement shall be prepared by the Authority and executed by both parties
before performance of such services or the Authority will not be required to pay for the changes
in the scope of work. Such amendment shall not render ineffective or invalidate unaffected
portions of this agreement.
(4) Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by Authority.
(5) Time of Performance.
Consultant shall perform its services hereunder in a prompt and timely manner, in
accordance with the Activity Schedule shown in Exhibit "C" and shall commence performance
upon receipt of the written Notice to Proceed from the Authority. The Notice to Proceed shall set
forth the date of commencement of work.
(6) Delavs of Performance.
Neither Authority nor Consultant shall be considered in default of this agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots, and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage, or
judicial restraint. .
Should such circumstances occur, the non-performing party shall, within a reasonable
time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this agreement.
.
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3-9
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
(7) Comoliance with Law. .
(a) Consultant shall comply with all applicable laws, ordinances, codes, and
regulations of the federal, state, and local govemment.
(b) Consultant shall assist the Authority in obtaining and maintaining all permits
required by federal, state, and local regulatory agencies.
(c) Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of its services or operations performed under
this agreement.
(8) Standard of Care.
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
. (9) Assianment and Subconsultant.
Consultant shall not assign, sublet, or transfer this agreement or any rights under or
interest in this agreement without the written consent of the Authority, which may be withheld for
any reason. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the
performance of services hereunder.
(10) Indeoendent Consultant.
Consultant is retained as an independent Consultant and is not an employee of Authority.
No employee or agent of Consultant shall become an employee of Authority. The work to be
performed shall be in accordance with the work described in Exhibit "A: subject to such
directions and amendments from Authority as herein provided.
(11 ) Intearation.
This agreemertt represents the entire understanding of Authority and Consultant as to
those matters contained herein, and supersedes and cancels any prior oral or written
understanding, promises or representations with respect to those matters covered hereunder.
This agreement may not be modified or altered except in writing signed by both parties hereto.
This is an integrated agreement.
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3-10
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
(12) Insurance.
A. Commercial General Liabilitv
1. The Consultant shall take out and maintain, during the performance
of all work under this agreement and for twenty-four (24) months following the date of Project
completion and acceptance by the Authority, in amounts not less than speCified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the Authority.
2. Coverage for Commercial General Liability insurance shall be at least
as broad as the following:
a. Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 0001).
3. Commercial General Liability Insurance must include coverage for the
following:
a. Bodily Injury and Property Damage
b. PersonallnjuryJAdvertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Explosion, Collapse and Underground (UCX) exclusion deleted
g. Contractual Liability with respect to this Contract
h. Broad Form Property Damage
i. Independent Contractor's Coverage
4. All such policies shall name the Sweetwater Authority, the Board
and each member of the Board, its officers, employees, agents, and Authority designated
volunteers as Additional Insureds under the policy.
5. The general liability program may utilize either deductibles or provide
coverage excess of a self-insured retention, subject to written approval by the Sweetwater
Authority. '..
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3-11
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
B. Automobile Liabilitv
1. At all times during the performance of the work under this agreement and for
twenty-four (24) months following the date of Project completion and acceptance by Authority,
the Consultant shall maintain Automobile Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the Authority.
2. Coverage for automobile liability insurance shall be at least as broad as
Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1
(any auto).
3. - The automobile liability program may utilize deductibles, but not a self-
insured retention, subject to written approval by the Authority.
4. All such policies shall name the Sweetwater Authority, the Board and each
member of the Board, its officers, employees, agents, and Authority designated volunteers as
Additional Insureds under the policies.
C. Workers' Compensation/Emplover's L1abilitv
1. At all times during the performance of the work under this agreement and for
twenty-four (24) months following the date of Project completion and acceptance by the
Authority, the Consultant shall maintain workers' compensation in compliance with applicable
statutory requirements and Employer's Liability Coverage in amounts indicated hereln.
2. Such insurance shall include an insurer's Waiver of Subrogation in favor of
the Authority and will be in a form and with Insurance companies acceptable to the Sweetwater
Authority.
3. If insurance Is maintained, the workers' compensation and employer's
liability program may utilize either deductibles or provide coverage excess of a self-insured
retention, subject to-written approval by the Authority. -
4. Before beginning work, the Consultant shall fumlsh to the Authority
satisfactory proof lha\ he/she has taken out for the period covered by the work under this
agreement, full compensation insurance for all persons employed directly by it to carry out the
work contemplated under this agreement, all in accordance with the ''Workers' Compensation
and Insurance Act," Division IV of the Labor Code of the State of Callfomia and any acts
amendatory thereof. Consultant shall require all subconsultants to obtain and maintain, for the
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3-12
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
period covered by the work under this agreement, workers' compensation of the same type and
limits as specified in this Section.
D. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this agreement and for
twenty-four (24) months following the date of completion of the Project and acceptance by
Authority, the Consultant shall maintain professional liability insurance, in a form and with
insurance companies acceptance to the Authority and in an amount indicated herein.
E. Minimum Policv Limits Reauired
The following insurance limits are required for the Contract:
Employer's Liability
Combined Sinqle Limit
$1,000,000 per occurrencel
$2,000,000 aggregate for bodily
injury, personal injury and property
damage
$1,000,000 per occurrence for bodily
injury and property damage
$1,000,000 per occurrence
$1,000,000 per claim and aggregate
Commercial General Liability
Automobile Liability
Professional Liability
(errors and omissions)
F. Evidence Required
1. Prior to execution of the agreement, the Consultant shall file with the
Authority evidence of insurance from an insurer or Insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG 2010 (or
insurer's equIvalent) ~gned by the insurer's representative and Certificate of Insurance (Acord
Form 25-5 or equivalent). All evidence of Insurance shall be certified by a properly authorized
officer, agent or qualified representative ofthe insurer and shall certify the names ofthe Insured,
any additional primary insureds, where appropriate, the type and amount of the insurance, the
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3-13
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
location and operations to which the insurance applies, and the expiration date of such
insurance.
G. Policv Provisions Required
1. All policies shall contain a provision for thirty (30) days advance written
notice by the insurer(s) to the Authority of any cancellation. Statements that the carrier "will
endeavor" and "that failure to mail such notice shall impose no obligation and liability upon the
company, its agents or representatives," will not be acceptable on certfficates.
2. All policies shall contain a provision stating that the Consultant's policies are
primary insurance and that the insurance of the Authority or any named insureds shall not be
called upon to contribute to any loss.
H. Qualifvina Insurers
1. All policies required shall be issued by acceptable insurance companies, as
detennined by the Authority, which satisfy the following minimum requirements:
a. Insurance carriers shall be qualified to do business in Califomia and
maintain an agent for process within the state. Such insurance carrier shall have not less than an
"A" policyholder's rating and a financial rating of not less than "Class VII" according to the latest
Best Key Rating Guide.
I. Additional Insurance Provisions
1. The foregoing requirements as to the types and limits of insurance coverage
to be maintained by Consultant, and any approval of said insurance by the Authority, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consuitant pursuant to this agreement, including but not limited to, the
provisions concerning indemnification.
2. ,If at any time during the life of the 'agreement, the Consultant fails to
maintain in full force any insurance required by the agreement documents, the Authority may
acquire the necessary insurance for the Consultant and deduct the cost thereof from the
appropriate progress 'payments due the Consultant.
3. The Consultant shall include all subconsultants as insureds under its
policies or shall fumish separate certfficates and endorsements for each subconsultant. All
coverages for subconsultants shall be subject to all of the requirements stated herein.
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3-14
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
4. The Authority may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
5. Neither the Sweetwater Authority nor the Board, nor any member of the
Board, nor any of the directors, officers, employees, agents, or volunteers shall be personally
responsible for any liability arising under or by virtue of the Contract.
(13) Indemnification.
Consultant agrees to protect, save, defend, and hold harmless the Authority and its Board
and each member of the Board, officers, agents, and employees from any and aJI claims,
liabilities, expenses, or damages of any nature, Including attorneys' fees, for injury or death of
any person, or damage to property, or interference with use of property, arising out of or in any
way connected with negligent acts, errors, or omissions or willful misconduct performed under
this agreement by Consultant, Consultant's agents, officers, employees, subconsultants, or
independent consultants hired by Consultant. The only exception to Consultant's responsibility to
protect, save, defend, and hold harmless Authority, is due to the sole negligence, willful
misconduct, or active negligence of Authority. This hold harmless agreement shall apply to ali
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount-of indemnification to be provided by Consultant.
(14) Laws. Venue. and Attornevs' Fees.
This agreement shali be interpreted in accordance with the laws of the State of Califomia.
If any action is brought to interpret or enforce any term of this agreement, the action shall be
brought in a state or federal court situated in the County of San Diego, State of California. In the
event of any such litigation between the parties, the prevailing party shall be entitled to recover
all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.
(15) Termination or Abandonment.
(a) AuthOrity has the right to terminate or abandon any portion or all of the work
under this agreement by giving ten (10) calendar days written notice to Consultant. In such
event, Authority shall be immediately given title and possession to all original field notes,
drawings and specifications, written reports and other documents produced or developed forthat
portion of the work wmpleted and/or being abandoned. Authority shall pay Consultant the
reasonable value of services rendered for any portlqn of the work completed priorto termination.
If said termination occurs prior to completion of any task for the Project for which a payment
request has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by Authority and
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3-15
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
Consultant of the portion of such task completed but not paid priorto said termination. Authority
shall not be liable for any costs other than the charges or portions thereof, which are specified
herein. Consultant shall not be entitled to payment for unperformed services. and shall not be
entitled to damages or compensation for termination of work.
(b) Consultant may terminate its obligation to provide further services under this
agreement upon thirty (30) calendar days' written notice to Authority only in the event of
substantial failure by Authority to perform in accordance with the terms of this agreement
through no fault of Consultant.
(16) Organization.
Consultant shall assign Harold Bailey as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the Authority.
(17) Notice.
Any notice or instrument required to be given or delivered by this agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested. postage prepaid. addressed to:
Authority:
Consultant
SWEETWATER AUTHORITY
Altn: James L. Smyth
P.O. Box 2328
Chula Vista. CA 91912-2328
RMC Water and Environment
Attn: Harold Bailey
12707 High Bluff Drive. Suite 200
San Diego, CA 92130
and shall be effective upon receipt thereof.
(18) Third PartY Riahts.
Nothing in this agreement shall be construed to give any rights or benefits to anyone other
than the Authority and the Consultant.
.
..
9
3-16
AGREEMENT FOR SERVICES
BETWEEN THE SWEETWATER AUTHORITY
AND
(Consultant)
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first
written above.
SWEETWATER AUTHORITY:
B, &tZMu~~
~ Dennis Efostad
General ~anager
CONSULTANT:
By:
--?' -C
(name)
77;}1fi'l/cJ::J ru~~J~
Ji:..J1.U;,c- f/;w jl/U-rr/'<7 {,-;4('
a.~ 1'"....
:;2ftt (... 0I:c.dc..'...vD _.{;(; ,;8il':?
&PV.:;,.t-,<. .....;;:.q
Approved as to form:
1fj~", J .~~
General Counsel
SWEETWATERAUTHO~TY
1:\engr\Gen\membrane b1orea~r\RMC ConsultantAgreemenldoc
,
'.
10
3-17
Project: Sweetwater Authority - Membrane Bioreactor Feasibility Study
Subject: Consulting Services Agreement dated November 2, 2006
Exhibit A
Scope of Work
The following designations are us<;d throughout the Scope of Work:
. Project, which refers to the Sweetwater Authority Membrane Bioreactor Feasibility Study
. Authority, 'which refers to the Sweetwater Authority
. City, which refers to the City of Chula Vista
. Otay, which refers to the Otay Water District
. RMC, which refers to RMC Water and Environment
The major tasks under are as follows:
. Task I - Collect and Review Existing Data
. Task 2 - Evaluate Recycled Water Demands
. Task 3 - Evaluate Wastewater Flows
. Task 4 - MER Evaluation
. Task 5 - Evaluate Recycled Water Infrastructure
. Task 6 - Economics
. Task 7 - Environmental
. Task 8 -Meetings
. Task 9 - Deliverables
. Task 10 - Project Management
The detailed scope of work for each task is provided below. Each task description includes approach and
assumptions.
l..
11/2/2005
A.l
Exhibit A - Scope of Work
3-18
Project: Sweetwater AuthoMty - Membrane Bioreactor Feasibility Study
Subject: Consulting Services Agreement dated November 2, 2006
Task 1
Collect and Review Existing Data
RMC shall be provided with and rcmew, while keeping a libraI)' of, information consisting of existing reports,
data, .information, and plans, including the following:
Sweetwater Authority Documents
A. Recycled Water Master prim, dated June 2005
B. Regional Membrane Bioreactor System Study, dated November 4, 2005
City of Chula Vista Documents
A. Spring Valley Outfall and City of Chula Vista Wastewater Flow Monitoring Data
B. Wastewater flow data, including daily flow variations for the Spring Valley Sanitation District's Spring
Valley Outfall, and the City's Salt Creek, Main Street, and Date-Fairve trunk pipelines
C. Wastewater Agreement with the City of San Diego
D. Plans for the Spring Valley Sanitation District Spring Valley Outfall Pipeline
E. Proposed Chula Vista Bayfront Master Plan implementation phasing
F. Water Reclamation Plant Feasibility Study, dated Apri12005, by Brown & Caldwell
Otav Water District Documents
A. Water Resources Master Plan, dated August 2002
B. Agreement with the City of San Diego, dated October 2003
C. Wastewater characterization, including total suspended solids erSS), biochemical oxygen demand
(BOD), chemical oxygen demand (COD), and other tests as requested by RMC at the prop!>Sed
locations of the two proposed MBR sites. RMC shall provide a list of constituents and collection
methods. Olay shall take the samples over a minimum two-week duration and perform the laboratory
tests requested by RMC. However, a sampling period of two weeks shall only give information for that
portion of the year. RMC shall seek additional water quality information from MWWD to better
understand if there are significant annual fluctuations in wastewater quality that would influence design
of facilities.
D. Current' Waste Discharge Permits
E. Recycled water demand data, diurnal demand patterns, and peaking factors
Other Documents
A. Basin Plan Objectives for all areas where recycled water shall be used
B. Spring Valley Sanitation District Water Reclamation Facility Project Feasibility Study, dated May 14,
1997, by Metcalf and Eddy
Task 1 AssumDtions:
. RMC shall be provided with information as listed above.
Task 2
Evaluate Recycled Water Demands
RMC shall receive from and review recycled water demand information from the Authority and Otay to be used
as the basis for determining recycled water average annual, peak month, and peak daily demands.
11/2/2006
A-2
exhibit A - Scope of Work
3-19
Project: Sweetwater Authority - Membrane Bloreaetar Feasibility Study
Subject: Consulting Services Agreement dated November 2, 2006
Subtask 2.1
REVIEW AUTHORITY RECYCLED WATER DEMANDS
RMC shall review the market analysis included in the Authority's R WMP, and shall evaluate haw the demands
shall be phased in over time (Bayfront Development) and how they coincide with Otay demands.
Subtask 2.2
REVIEW OTAY DEMANDS
RMC shall review Otay recycled water demands and assumptions on demand shifting between Otay and the
City of San Diego South Bay WRF.
Subtask 2.3 EVALUATE DEMAND CURVES
RMC shall develop recycled water demand curves (annual, monthly, and peak day) for both the Authority and
Otay for two separate time periods to be determined in consultation with the Authority.
Task 2 AssumDtions:
. RMC shall assume there are no demands associated with the proposed LS Power Plant.
. City expects to exceed its Metro capacity in 2010
. City expects to reach build out in 2030
. No change in Otay's recycled water projections from the Master Plan
Task 3
Evaluate Wastewater Flows
RMC shall evaluate wastewater flow and quality characteristics with the assistance of the City of San Diego
(Metro WW model) and Otay (wastewater sampling and analysis).
Subtask 3.1
EVALUATE WASTEWATER FLOWS
RMC shall evaluate current wastewater flows and future flows (for the time periods determined under task 2.3)
to be conveyed in the various trunk pipelines proximate to the two MBR siting options, including estimated
minimum, maximum, and average daily flows. RMC shall use historical data derived from the web-based flow
monitoring system effort for the analysis on current flow generation. Based on the City's future flow generation
data analysis, RMC shall determine the total available wastewater flow that could be conveyed to the proposed
MBR plant for each MBR siting option. This determination shall consider minimum flow requirements needed
to flush s~lids to the Metro system.
Subtask 3.2
WASTEWATER CHARACTERIZATION
RMC shall review available wastewater quality data, and provide to Otay a sampling plan to gather additional
data necessary to evaluate applicability to Title 22 requirements. Water quality data to be reviewed is expected
to include total suspended solids erSS), biochemical oxygen demand (BOD), chemical oxygen demand (COD),
and other tests as requested by RMC at the proposed locations of the two proposed MBR sites.
Subtask 3.3 TITLE 22 QUALITY DETERMINATION
Based on existing and additional water quality data collected by Otay, RMC shall evaluate wastewater quality to
determine if Title 22 (disinfected tertiary) water can be produced with an MBR plant with disinfection, without
additional treatment being required.
Exhibit A - Scope of Work
11/2/2006
A-3
3-20
Project: Sweetwater Authority - Membrane Biareactor Feasibility Study
Subject: Consulting Services Agreement dated November 2, 2006
Task 3 Assumotions:
. The City of San Diego monitors all the discharges from participating agencies into the Metro system. The
City bas been granted access to this web-based flow monitoring system.
. The City shall provide data on future flow generation from each of the wastewater basins, based on the
projections from the Wastewater Master Plan.
. Otay shall take samples over a minimum two-week duration and perform all laboratory tests as requested by
RMC.
Task 4
MBR Evaluation
RMC shall perform an MBR evaluation that includes the following subtasks:
Subtask 4.1
REVIEW SDCWA MBR STUDY
Review the San Diego County Water Authority Regional Membrane Bioreactor System Study, as it relates to
the Site 1 MBR facility.
Subtask 4.2
SIZE FACILITY
Based on recycled water demands and wastewater flow availability as determined in Tasks 2 "and 3, determine
appropriate capacity ofMBR plant <at both siting alternatives). Sizing sball consider seasonal as well as dally
demand peaking consideration.
Subtask 4.3
IDENTIFY Low DEMAND MANAGEMENT OPTIONS
Identify four potential strategies to store, retain, or optionally dispose of recycled water during low recycled
water demand periods. Identify advantages and disadvantages of each strategy.
Subtask 4.4
ANAL VZE RESIDUALS
Determine accurate estimates of the amount of residuals from the plant to be sent to Metro as measured by SS,
COD. and the quantity ofretum flow.
Subtask 4.5
IDENTIFY MBR FACILITIES
Determine appropriate MBR and associated facilities required to produce Title 22 recycled water.
Subtask 4.6
IDENTIFY DIVERSION FACILITIES
Determine facilities'required to deliver wastewater to the MBR.
Subtask 4.7
, DEVELOP SITE PLAN
Prepare Preliminary MBR Site Plan in sufficient detail to prepare preliminary construction cost estimate for the
facility. Operational storage and pumping requirements identified in Task 5 shan be included in the site plan.
'..
Task 4 Assumotions:
. This task will build upon the MWH SDCW A study.
11/212006
A-4
Exhibit A - Scope of Work
3-21
Project: Sweetwater Authority - Membrane Bioreactor Feasibility SbJdy
Subject: Consulting ServIces Agreement dated November 2, 2006
Task 5
Evaluate Recycled Water Infrastructure
RMC shall complete the following items as Task 5:
Subtask 5.1
EVALUATE AUTHORITY INTERTIE
RMC shall work with Authority staff to determine intertie pipeline sizes and alignments to serve planned
Authority distribution system.
Subtask 5.2
EVALUATE OTAY INTERTlE
RMC shall work with Otay staff to determine intertie pipeline sizes and alignments to serve Otay's recycled
water system.
Subtask 5.3 IDENTIFY OPERATIONAL STORAGE AND PUMP STATION
REQUIREMENTS
RMC shall identify operational storage (volume) and pumping requirements (capacity, HP) for service to the
Authority/Olay recycled water systems (as appropriate).
Task 5 Assumotions:
. Hydraulic modeling shall be performed by the Authority.
. For Site 1 MER alternative, RMC shall assume recycled water in the Authority's service area shall be
delivered to operational storage at the Judson Reservoir site, and that the infrastructure is as developed
nnder Task 5.l.
. For Site 2 MER alternative, RMC sball assume recycled water in the Authority's service area sball be
delivered to the service area from Otay's Pairymart Road Pipeline, and that the infrastructure is as
developed under Task 5.!.
. For Site 1 MER alternative, recycled water sball be delivered to Otay's Pairymart Road Pipeline from the
MER.
. For Site 2 MER alternative, recycled water shall be delivered to Otay's recycled water storage ponds.
Task 6
Economics
Task 6 shall include the following subtasks:
Subtask 6.1 CONSTRUCTION COST ESTIMATES AND ANNUAL O&M COSTS FOR
MBR FACILITIES
RMC shall prepare a construction cost estimate and annual operating and maintenance (O&M) costs for MER
facilities, influent divefs\on facilities, effluent pump station, operational storage, and intertie and distnbotion
pipelines. To be consistent with SRF funding requirements, RMC's analysis of cost shall comply with SWRCB
requirements of conducting a cost effectiveness evaluation of alternatives over a 20 year planning period. For
each alternative RMC shall:
. Estimate the alternative's capital cost and the year the alternative could most likely be placed in
service.
. Estimate the annual O&M costs of the alternative, by year, from start-up through the time period for
analysis and prepare annual cash flow diagrams.
. Estimates and timing of repair and rehabilitation, such as major equipment rehabilitation, needed
during the planning period.
11/2/2006
A.S
exhibit A - Scope of Work
3-22
Project: Sweetwater Authority - Membrane Bioreactor Feasibility Study
Subject: Consulting Services Agreement dated November 2, 2006
Intertie and distribution facility costs shall be distinguished between the Authority and Otay.
Subtask 6.2 QUANTIFY METRO COSTS
RMC shall determine the penalty costs over a 20 year planning period for the City of Chula Vista. RMC shall
determibe.the annual Metro treatment costs over a 20 year period considering flow, TSS, and COD. RMC shall
determine the cost differential for treatment at the MBR versus treatment by Metro.
Subtask 6.3
PREPARE LIFE-CYCl.E COST ESTIMATE
This task shall include:
o Calculate for each year, the net ownership costs - capital investment plus annual operating costs plus
capital reinvestment minus ancillary benefits (if any)
o Discount the net ownership costs to current dollars at a rate approximately equal to the City's
borrowing cost, to yield a single net present value of lifecycle ownership costs.
o Complete a lifecycle cost estimate that includes capital and O&M costs of the MBR and recycled water
conveyance facilities. The life cycle cost shall be estimated over 20 years, including all capital and
O&M costs, Metro penalties, costs and avoided costs.
o RMC shall identify all potential grants and subsides that could be applied toward this project.
Subtask 6.4
ANAL VZE COST SHARES, PRICING
This task shall include:
o Assist the Authority, Otay, and the City in analyzing lifecycle cost sharing scenarios.
o Assist the Authority in identifying the appropriate sales price for recycled water.
o Assist the City in determining appropriate wastewater capacity charges.
Task 6 Assumotions:
o The Metro agreement clearly states the penalties for exceeding capacity. While the Metro agreement
does not have a provision for renting capacity, it does not prohibit it. Hence, an agency may be able to
rent capacity from either San Diego or another participating agency for a period of time to fill a gap
that is not met otherwise. If the agency does not purchase capacity, the City of San Diego has the right
and obligation to build capacity for the agency and to charge them for it.
o Otay shall provide conveyance facility capital and annual O&M costs for Olay distribution facilities.
Task 7
Environmental
Subtask 7.1
EVALUATE PERMITTING NEEDS
RMC shall define required permits, and the appropriate environmental process for building an MBR for each
alternative. .
Subtask 7.2 BASIN PLAN OBJECTIVES
RMC shall evaluate Basu1'Plan obj ectives for areas where recycled water shall be used, and speci.lically address
regulatory issues as they relate to the use of recycled water in these areas.
Task 7 Assumctions:
o RMC shall provide the agency name, contact number, permit title, when the process should be applied for,
and the timeline to receive the permit.
11/2/2006
A-6
Exhibit A - Scope of Wor\<
3-23
Project; Sweetwater Authority - Membrane Bloreactor Feasibility Study
Subject: Consul~ng Services Agreement dated November 2, 2006
Task 8
Meetings
RMC shall be responsible for preparation, attendance and recording of meeting proceedings (via meeting
minutes) of the following meetings:
. One kickoff meeting with the Agencies to review the existing reports and data being provided to RMC, and
to disCuss siting issues
. One workshop focusing on MER op~tion and costs
. One workshop focusing on ecanomics
. One meeting to review the drat!; report
Task 8 AssumDtions:
. Authority shall assist RMC is coordinating meetings (e.g. distributing agenda and providing meeting
location). RMC shall prepare meeting agendas.
Task 9
Deliverables
RMC shall be responsible fur submitting the following deliverables:
Subtask 9.1
REpORTS
. Outline of the proposed report
. Draft report
. Final report (including copies of a1l calculations, cost estimates and backup material)
Subtask 9.2
IMPLEMENTATION SCHEDULE
. Schedule for project implementation (mcluding preliminary and finaJ design, environmental activities,
construction, and start-up)
Subtask 9.3 MONTHLY PROGRESS REPORTS, MEETING MINUTES, ETC.
. Monthly progress reports (including one-page bullet item SIlIIlIIIary of activities initiated on-going, and/or
completed during the period)
. Meeting minutes for meetings listed in Task 8
Task 10 Project Management
RMC shall be responsible for managing the overall Project to completion. The purpose of this task is to
establish and maintain effective project management and communicaJion for the Project for a period of up to six
months (not including cO"sultant review time) from the receipt of the Notice to Proceed.
RMC shall provide quality control review for project deliverables consistent with RMC standard Quality
Assurance/Quality Review. procedures.
Task 10 AssumDtions:
.
The six month project completion time does not include three weeks for agency reviews of each of the draft
and finaJ report.
Exhibit A - Scope of Wori<
11/2/2006
A-7
3-24
RMC
Exhibit B
Fee Estimate
Sweetwater Authority MBR Feasibility Study
1. The Individual hDIJrly rates include salary, overhead. pIOfit. and ordinary apenses,lncluding teIecommunlcatioos. eomputer usage, and regutar reproducllon Jobs..
2006 billing rates are shown. Consultants reserve the right to adJust Its hourly rate structure at the beginning of the calendar year for all ongoing conb'aotS. RMC will
pJOVidlit advance notice 0( any rate changes affecting current contracts. Any adjustmenls in bllRng rat. ;w not anticipated 10 Incm1S8 the ovsrall project cost
2. Other diract costs (OCDs) Include large reprodudlon jobs, mneage, and travel expernlElS, and wiD be charged adUaI cost plus 1Q%.
Subconsullanls will be billed at actual cost plU9 10%.
.
'.,
C:\OQcuments and Settings\trichardson\Local Settlngs\Temparary Internet Files\0LK244\Exhibit B Fee Estimate
3-25
Exhibit C
Schedule
The schedule shall be as set forth in Exhibit A - Scope of Work
,
..
Exhibit C - Schedule
11/2/2006
C-l
3-26
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RESOLUTION NO. 2007-
RESOLUTION AUTHORIZING THE APPROPRIATION
OF $70,000 FROM THE AVAILABLE BALANCE OF THE
TRUNK SEWER CAPITAL RESERVE FUND TO PROJECT
NO. SW249 FOR THE PREPARATION OF A JOINT
FEASIBILITY STUDY FOR THE CONSTRUCTION OF A
WASTEWATER RECLAMATION PLANT
WHEREAS, the City prepared a Wastewater Master Plan Update concurrently with the
General Plan Update to quantify the amount of sewage that would be generated by the City at
build out under any of the land use scenarios evaluated as part of the General Plan Update; and
WHEREAS, staff estimates that the City will require an additional five to six million
gallons per day of sewage treatment capacity to sustain the City at build out; and
WHEREAS, one of several options being pursued to address this need for additional
treatment capacity is the construction of an independent City-owned wastewater reclamation
facility; and
WHEREAS, the City has partnered with Sweetwater Authority and Otay Water District
(together, Agencies) to conduct a joint feasibility study for a wastewater reclamation plant that
would serve the needs of the three Agencies; and
WHEREAS, the study has gained the support of the San Diego County Water Authority,
which has resulted in the award ofa $25,000 grant; and
WHEREAS, taking into consideration the award from San Diego County Water Authority,
the Agencies have estimated that the study will cost a total of $150,000, which would be shared
equally by the three Agencies, with each Agency being obligated to contribute up to $50,000; and
WHEREAS, staff estimates that an additional $20,000 is required to fund staffs effort in
coordinating with other Agencies' staff and the consultant, to complete the feasibility study; and
WHEREAS, the Sweetwater Authority is acting as the lead Agency and has entered into
an agreement with RMC Water and Environment to prepare the feasibility study; and
WHEREAS, funding the feasibility study is a proper use for the Trunk Sewer Capital
Reserve Fund pursuant to Chula Vista Municipal Code section 3.14.010.
3-28
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it authorizes the appropriation of $70,000 from the available balance of Trunk Sewer Capital
Reserve Funds to Project No. SW249 for the preparation of a joint feasibility study for the
construction of a wastewater reclamation plant.
Presented by
Approved as to form by
Scott Tulloch
City Engineer
'--r-:e...-<'\.. (/2~~
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\04-03-07\Joint-Feasibility-Study revised by ec.doc
3-29