PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
AGREEMENT WITH WATER SYSTEMS CONSULTING, INC. FOR ENGINGEERING
DESIGN SERVICES FOR A NEW GROUNDWATER PRODUCTION WELL
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Water Systems Consulting, Inc. in the amount of $445,559 for engineering design services for the New Groundwater Production Well project.
BACKGROUND:
Well 23, located on Huber Street in Grover Beach, is the most productive municipal well in the City’s infrastructure. In 2017, the well started to show signs of failure and staff developed a tiered repair strategy to keep the well in operation. The repairs were successful; however, they were estimated to keep the well in operation for an additional 7 – 12 years, and due to the nature of the repairs, the well can never be repaired again.
As part of the Central Coast Blue Project, the City purchased a parcel (APN 060-543- 016) located at 980 Huber Street, Grover Beach, which is directly across the street from Well 23. The City has since transferred the property the Central Coast Blue Regional Recycled Water Joint Power Authority (JPA); however, prior to transferring the property to the JPA, the City reserved an easement on the parcel for the relocation of Well 23. The City, along with the partner cities of Grover Beach and Arroyo Grande, plans to construct an Advanced Water Purification Facility on the parcel. In addition, the City also plans to drill and construct a new municipal drinking water well within the easement, relocating the existing aging Well 23 approximately 125 feet from its current location across Huber Street. It is envisioned that the new groundwater production well will be built in concurrence with Central Coast Blue.
Staff issued a Request for Proposals (RFP) for engineering design services for the New Groundwater Production Well project. One proposal was received on January 19, 2023, from Water Systems Consulting, Inc. (WSC). The proposal was evaluated by a review panel based on the following:
Understanding of the scope of work to be performed
Methods, schedule, and procedures to be used
Management, personnel, and experience
Consultation and coordination with the City of Pismo Beach
WSC’s cost proposal is provided as Attachment 1.A.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with WSC
12.B-1Council Agenda 2-7-2023
in the amount of $445,559 to complete the engineering design of the New Groundwater Production Well project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $445,559 in the Water Enterprise Fund. The Fiscal Year (FY) 2023 budget includes $500,000 for the New Groundwater Production Well project. Compared to the budget, this leaves a remaining budget surplus of $54,441.
Water Enterprise Fund
New Groundwater Production Well Budget $500,000
WSC Engineering Design Services contract $445,559
Remaining Budget $54,441
The remaining budget will be used for construction costs. The actual construction cost will not be known until the project has been advertised and bids are received for the project. Once the project has been bid, staff will return to Council at that time to award the project and request additional funds.
ALTERNATIVES:
1. Do not authorize the contract; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: WSC Cost Proposal
2. WSC Vendor Agreement
Prepared by: Meeting Date: February 7, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
12.B-2Council Agenda 2-7-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH WATER SYSTEMS CONSULTING, INC. IN THE AMOUNT OF $445,559 FOR ENGINEERING DESIGN SERVICES FOR
THE NEW GROUNDWATER PRODUCTION WELL PROJECT
WHEREAS, Well 23, located on Huber Street in Grover Beach, is the most productive municipal well in the City’s infrastructure; and
WHEREAS, in 2017 the well started to signs of failure and staff developed a tiered repair strategy to keep the well in operation for an additional 7 – 12 years; and WHEREAS, as part of the Central Coast Blue Project the City purchased a parcel (APN 060-543-016) located at 980 Huber Street and plans to drill and construct a new municipal drinking water well within an easement on the parcel; and WHEREAS, the new well will relocate and replace the existing aging Well 23; and WHEREAS, staff issued a Request for Proposals for engineering design services for the New Groundwater Production Well project and received one proposal on January 19, 2023; and
WHEREAS, the proposal from Water Systems Consulting, Inc. (WSC) was evaluated by a review panel and the panel recommended WSC be selected to perform the work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Water Systems Consulting, Inc. (cost proposal provided as Exhibit A) in the amount of $445,559 for engineering design services for the New Groundwater Production Well project.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
12.B-3Council Agenda 2-7-2023
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
12.B-4Council Agenda 2-7-2023
Attachment 1
City of Pismo Beach
New GW Production Well (Well 23)
1/19/2023
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WSC
Labor
Hours
WSC
Labor Fee Expenses WSC
Fee Labor Fee Labor Fee Total Fee
Justin Pickard Jeffery
Lawrence
Michael
Goymerac
Michael
Steele
Joseph
Kingsbury
Omid
Tavanger Peter Kvam Christopher
Durbin Kay Merrill
Billing rates, $/hr $335 $380 $255 $245 $275 $255 $220 $170 $170 $225 $200 0 Project Management and Meetings
0.1 Project Administration 4 1 48 24 77 18,040$ 400$ 18,440$ 1,415$ 19,855$
0.2 QA/QC 12 24 36 13,140$ 300$ 13,440$ 13,440$
0.3 Kickoff-Meeting 2 2 8 12 2,820$ 600$ 3,420$ 3,301$ 398$ 7,118$
0.4 Well Site Evaluation Meeting 3 3 6 1,590$ -$ 1,590$ 1,157$ 2,747$
0.5 Well Design Review Meetings 6 6 12 3,180$ 100$ 3,280$ 1,555$ 4,835$
0.6 Well Equipping Schematic Design Review Meeting 2 3 5 1,170$ -$ 1,170$ 472$ 1,642$
0.7 Well Equipping Design Review Meetings 4 6 10 2,340$ 1,000$ 3,340$ 943$ 4,283$ SUBTOTAL 16 25 65 0 11 0 17 0 24 0 0 158 42,280$ 2,400$ 44,680$ 6,130$ 3,110$ 53,919$ 1 Well Site Evaluation
1.1 Data Collection and Utility Research 1 2 1 2 6 1,460$ -$ 1,460$ 1,460$
1.2 Draft Layouts for Drilling 4 8 4 4 20 4,780$ 100$ 4,880$ 796$ 5,676$
1.3 Technical Memorandum 2 6 4 8 4 24 5,520$ 100$ 5,620$ 1,642$ 7,262$ SUBTOTAL 0 0 7 8 13 0 14 8 0 0 0 50 11,760$ 200$ 11,960$ -$ 2,438$ 14,398$ 2 Production Well Bid Package
2.1 Draft 90% Technical Plans, Specifications, and Bid Documents 8 60 32 100 23,980$ 500$ 24,480$ 24,480$
2.2 Final Technical Plans, Specifications, and Bid Documents 4 16 16 36 8,140$ 200$ 8,340$ 8,340$ SUBTOTAL 0 0 12 0 76 0 0 48 0 0 0 136 32,120$ 700$ 32,820$ -$ -$ 32,820$ 3 Well Equipping Schematic Design
3.1 Preliminary Design Report 20 4 2 8 40 12 4 90 20,190$ 400$ 20,590$ 5,693$ 26,283$ SUBTOTAL 0 0 20 4 2 8 40 12 4 0 0 90 20,190$ 400$ 20,590$ 5,693$ -$ 26,283$ 4 Well Equipping Design
4.1 60% Well Equipping Draft Design Submittal 20 4 2 36 60 90 212 44,310$ 900$ 45,210$ 22,770$ 67,980$
4.2 90% Well Equipping Draft Design Submittal 30 4 2 50 80 110 276 58,230$ 1,400$ 59,630$ 17,135$ 76,765$
4.3 Final Well Equipping Design Submittal 8 30 8 24 2 72 15,870$ 500$ 16,370$ 10,493$ 26,863$
4.4 Contract Bid Front End Documents Well Equipping 4 4 6 12 4 30 7,150$ 100$ 7,250$ 943$ 8,193$
4.5 Contract Documents for SWRCB and County Well Equipping 4 8 4 16 3,460$ 100$ 3,560$ 3,560$
4.6 Engineer's Estimate (60%, 90%, 100%) Well Equipping 12 6 16 34 8,110$ 200$ 8,310$ 2,358$ 10,668$ SUBTOTAL 4 0 78 14 4 122 184 232 2 0 0 640 137,130$ 3,200$ 140,330$ 53,698$ -$ 194,028$ 5 Permitting and Environmental Coordination
5.1 Amended Domestic Water Supply Permit 4 4 24 8 2 42 9,100$ 200$ 9,300$ 9,300$
5.2 Water Well Construction Permit 4 2 2 8 1,910$ -$ 1,910$ 6,176$ 8,086$
5.3 City of Grover Beach Permit 4 6 4 2 16 3,360$ 100$ 3,460$ 3,460$ SUBTOTAL 0 0 12 0 6 0 30 12 6 0 0 66 14,370$ 300$ 14,670$ -$ 6,176$ 20,846$ 6 Well Drilling and Installation Construction Services
6.1 Well Installation Bidding Assistance 1 6 7 1,905$ -$ 1,905$ 2,737$ 4,642$
6.2 Well Installation Construction Management 4 8 12 3,220$ 100$ 3,320$ 30,590$ 33,910$
6.3 Well Installation Construction Field Oversight 0 -$ -$ -$ 46,184$ 46,184$
6.4 Well Construction Report 2 16 40 24 2 84 18,130$ 400$ 18,530$ 18,530$ SUBTOTAL 0 0 7 0 30 0 40 24 2 0 0 103 23,255$ 500$ 23,755$ -$ 79,511$ 103,266$ COLUMN TOTALS 20 25 201 26 142 130 325 336 38 0 0 1243 281,105$ 7,700$ 288,805$ 65,520$ 91,234$ 445,559$ 1 1
1 OT 1 Well Equipping Construction Services
OT 1.1 Well Equipping Bidding Assistance 2 12 2 16 16 48 11,910$ 200$ 12,110$ 12,110$ OT 1.2 Engineering Services During Construction Support 4 28 50 140 222 52,210$ 1,000$ 53,210$ 53,210$ OT 1.3 Construction Management and Inspection Services 570 230 800 174,250$ 3,500$ 177,750$ 177,750$ Well Equipping Construction Services TOTAL 0 6 40 2 0 66 156 0 0 570 230 1070 238,370$ 4,700$ 243,070$ -$ -$ 243,070$ OPTIONAL TASKS TOTAL 0 6 40 2 0 66 156 0 0 570 230 1070 238,370$ 4,700$ 243,070$ -$ -$ 243,070$
ALL FIRMS
Rates are subject to revision as of January 1 each year.
Standard mileage rate $0.625 per mile (or current Federal Mileage Reimbursement Rate) 10% mark-up on direct expenses; 15% mark-up for sub-contracted services Task No. Task Description
WSC HarrisElectrical
1 12.B-5Council Agenda 2-7-2023
Attachment 1.A
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Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Water Systems Consulting, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Engineering Design Services for a New Groundwater Production Well
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2024. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of four hundred forty-five thousand five hundred fifty-nine dollars ($445,559), unless otherwise first approved in writing by CITY.
Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be
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adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
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Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Director of Public Works/City Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
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Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until su ch time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT 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 VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
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Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
12.B-9Council Agenda 2-7-2023
Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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Vendor Agreement (Rev. 2/2/2018)
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party
12.B-10Council Agenda 2-7-2023
Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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Vendor Agreement (Rev. 2/2/2018)
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Water Systems Consulting, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
12.B-11Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
6.5 Scope of Work
The scope of work for the new groundwater production well includes tasks for project management and meetings; two separate design packages for well drilling and equipping; permitting; bidding; and construction services. Both the well construction and equipping include preliminary design report documents and 60%, 90%, and 100% submittals. WSC welcomes the opportunity to negotiate our proposed scope of work with the City to help assure that it aligns with your goals and objectives.
Task 0 Project Management and Meetings
The project management task includes scope for WSC to manage and administer the project by coordinating with the internal team and subconsultants and implementing project controls to maintain the schedule and budget and provide regular progress reports. This task also includes time for comprehensive quality control of all deliverables, as well as time to prepare for and participate in seven (7) design meetings.
0.1 Project Administration
¾WSC will provide project administration and coordination with the City and subconsultants.
¾Prepare and maintain a project schedule with monthly updates to reflect project progress.
¾Provide monthly progress reports to the City summarizing project status, schedule changes, and project spend.
¾Prepare monthly invoices.
¾It is assumed that the project duration is 24 months and includes project management through construction services (Tasks 6 and 7). See attached project schedule in Section 7.0.
0.2 Quality Assurance/Quality Control
¾WSC senior technical staff will be responsible for executing the Quality Assurance and Quality Control (QA/QC) program.
¾WSC senior technical staff will provide comprehensive QC reviews of deliverables prior to submittal to the City for review. Anticipated deliverables are described in subsequent tasks.
0.3 Meeting #1 - Kick-Off Meeting
¾WSC will plan, organize, and conduct one (1) kick-off meeting. The purpose of the kick- off meeting will be to: (1) establish roles and responsibilities; (2) review scope, schedule, and deliverables; (3) review available data and establish data needs; (4) review the site layout and constraints; and (5) discuss the City’s preferences for design plans, building type, and technical specifications.
([KLELW$
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾WSC anticipates attendance of the Project Manager, Project Engineer, Hydrogeologist, and Electrical Engineer for a one and one half-hour meeting in person plus travel and preparation time.
0.4 Meeting #2 – Well Site Evaluation Meeting
¾WSC will plan, organize, and conduct a well site evaluation meeting. Discussion topics will include the proposed site layout, well drilling and construction, utility conflicts, access requirements for ongoing operations and maintenance, and conceptual well profile. The review will be followed by a discussion of the next steps for the well drilling design schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager and Hydrogeologist for a two-hour meeting in person plus travel and preparation time.
0.5 Meetings #3 and #4 - Well Design Review Meetings (Draft 90% and Final) ¾WSC will plan, organize, and conduct two design review meetings for the well drilling design. The purpose of these meetings will be to discuss the 60% (Draft) and 90% (Draft Final) plans, specifications, and engineer’s estimate of probable construction cost. The review will be followed by a discussion of the next steps and design completion schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for two (2) two-hour meetings in person plus travel and preparation time. The QA/QC Engineer and Project Hydrogeologist will attend via conference call or virtually.
0.6 Meeting #5 – Well Equipping Schematic Design Review Meeting ¾WSC will plan, organize, and conduct a schematic design review meeting for the well equipping design. The purpose of the meeting will be to review the submitted schematic design and confirm well equipping design specifics, technical specification preferences, and any other comments or preferences the City would like incorporated into the design. The review will be followed by a discussion of the next steps and the well equipping design schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for a two-hour meeting in person plus travel and preparation time. The Project Engineer will attend via conference call or virtually.
0.7 Meetings #6 and #7 - Well Equipping Design Review Meetings (60%, 90%) ¾WSC will plan, organize, and conduct two design review meetings for the well equipping design. The purpose of the meetings will be to discuss the 60% (Draft) and 90% (Draft Final) plans, specifications, and engineer’s opinion of probable construction cost. The review will be followed by a discussion of the next steps and design completion schedule. Draft agendas will be provided prior to the meeting. ¾WSC anticipates attendance of the Project Manager for two (2) two-hour meetings in person plus travel and preparation time. The Project Engineer will attend via conference call or virtually.
12.B-12Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Deliverable:Project Schedule, Monthly Progress Reports, Monthly Invoices. Meeting Agendas and Notes.
Assumption:- Meetings will be held within five (5) business days after technical submittals. - Project duration is 16 months.
Task 1 Well Site Evaluation
Task 1 includes data collection, research, and preparation of a well site evaluation technical memorandum. This document will present WSC’s evaluation of the selected well site, detailing design considerations and potential conflicts.
1.1 Data Collection and Utility Research
¾WSC will gather and review record maps of existing and proposed facilities, including available information and data for the City’s existing groundwater production well, underground utilities, and the proposed Central Coast Blue design.
1.2 Draft Layouts for Drilling
¾WSC shall prepare a detailed aerial base map of the site. The map will show existing conditions, buildings, etc. and include overlays of:
(1)proposed well location,
(2)existing underground utilities,
(3)designated FEMA Flood Zone,
(4)delineated regulatory setback/separation and 50-foot control zone requirements (5)delineated wellhead protection zones (2-, 5-, and 10-year time of travel), (6)point sources of possible contaminating activities (PCAs) within the identified wellhead protection zones using Department of Toxic Substances Control (DTSC) EnviroStor and SWRCB GeoTracker online databases,
(7)layout of well drilling/construction equipment, including proposed location(s) for noise mitigation sound walls, and
(8)conceptual footprint of the new production well facility within the proposed AWPFfacility, access road, and parking lot. Consider impacts to construction of the AWPF facility.
The map will be used for permit applications, including the Vulnerability Assessment for the preliminary Drinking Water Source Assessment permit amendment application, and will facilitate evaluation of the site for the purpose of constructing a new production well. ¾WSC will conduct a site reconnaissance to verify measurements and identify potential conflicts from existing conditions/infrastructure. The base map will be updated based on any new information obtained during the reconnaissance.
1.3 Well Technical Memorandum
¾A well site evaluation technical memorandum will be prepared documenting the conceptual well design, which will be further developed as part of Task 2. The document will include findings from Tasks 1.1 and 1.2 above.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾The technical memorandum will be revised based on comments received by the City and additional permitting agencies.
Deliverable:Draft and Final Well Site Evaluation Technical Memorandum.
Assumption:The technical memorandum will undergo review by the City and permitting agencies.
Topographic survey and geotechnical investigations will be completed as part of Central Coast Blue. WSC assumes utility maps will be available from the Central Coast Blue utility research.
Task 2 Production Well Bid Package
The production well bid package task includes the preparation of the well drilling and installation bid package, including technical plans, specifications, and bid documents. Draft (60%) and final (90%) submittals are included to allow for comprehensive review by the City and regulatory agencies.
2.1 Technical Plans, Specifications, and Bid Documents
WSC will prepare the technical plans and specifications for the construction of the new groundwater production well to be included in the Notice Inviting Bids issued by the City. The bid package will include, but is not be limited to, the following items:
¾Bidding list based on the specifications for equipment, materials, and records required to be furnished by the drilling contractor.
¾List of permits to be acquired by the drilling contractor, including Underground Services Alert notification. Compliance with National Pollutant Discharge Elimination System (NPDES) and general construction permit requirements.
¾Controls for job site conditions (e.g., control of drilling waste, power, lighting, water, site materials, and work damage).
¾Noise mitigation specifications and requirements.
¾Mobilization, demobilization, site cleanup, and restoration requirements. ¾Drilling method and recommendations, including drilling fluid properties and collection method for formation samples.
¾Geophysical surveying and drift, plumbness, and alignment procedures for pilot and reamed boreholes.
¾Well screen, casing, ancillary tubing, gravel pack, and annular seal material specifications.
¾Primary and secondary well development procedures and criteria specifications. ¾Aquifer pumping test procedures and measurement specifications. ¾Spinner (flowmeter) survey protocol and specifications. ¾Downhole video survey specifications.
¾Plumbness and alignment survey methods and acceptance criteria for the completed well.
¾Well disinfection materials, procedures, and acceptance criteria in accordance with American Water Works Association standards.
12.B-13Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Deliverable:Draft (90%) and Final (100%) Production Well Bid Package including drawings, specifications, cost estimates, and bid documents. Draft 90% documents to be submitted in electronic formats. Response to City and agency comments on the draft 90% bid documents.
Final (100%) submittal will include a complete stamped and signed plan set, specifications, and final well construction cost estimation.
Assumption:WSC will utilize the City of Pismo Beach’s existing “front-end” bidding documents for 90% and 100% submittals.
Task 3 Well Equipping Schematic Design
The well equipping schematic design task includes preparation and submittal of a preliminary design memorandum. This report will set the framework for the well equipping design.
3.1 Preliminary Design Memorandum
¾WSC shall prepare a Preliminary Design Memorandum (PDM) based on City guidance to summarize the well equipping project design criteria. ¾The intent of the PDM is to gather and confirm project data and to present preliminary design options (pump size, building type, disinfection requirements, etc.). The PDM will assume some production capacity based on nearby wells to preliminarily size pumps and piping, and include design plans of up to 30% completion. Design drawings including a site plan, single line diagram, and process and instrumentation diagram will be included at the 30% level.
¾The PDM details will include: Hydraulic analysis including system curve and design operating points (based on well production and distribution system pressures), well setting depth, well static and pumped levels, pump curves, recommended pump selection, and well operating parameters. The PDM will also describe above grade equipment, instruments, and facilities such as electrical panels, controls, standby power connection, chemical injection, well building construction, site layout, grading, and other related items. A limited drawing set will be included in the PDM including a site plan, single line diagram, and process and instrumentation diagram. ¾WSC shall provide an electronic copy of the draft report to the City and other permitting agencies. The PDR will be revised as necessary to document the comments and decisions made during the PDM review meeting.
Deliverable:Well Equipping Schematic Design Preliminary Design Memorandum Assumption:Survey and geotechnical engineering were performed as part of the Central Coast Blue project. No water system modeling is included in the design, WSC will meet pressure and flow as currently met by the existing well.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Task 4 Well Equipping Design
The well equipping design and bid package task includes the preparation of the well equipping bid package, including technical plans, specifications, a cost estimate, and bid documents. Draft (60%), draft final (90%) and final (100%) submittals are included to allow for comprehensive review by the City and regulatory agencies.
4.1 60% Draft Design Submittal
¾WSC will prepare and submit the 60% Draft Well Equipping Design Submittal (preliminary drawing set, outline specifications, and 60% opinion of probable construction cost) for review.
¾The plans will include the following elements: new well pump and motor; wellhead piping and appurtenances; pump-to-waste piping; a new building to house the well, electrical, and chemical feed systems; a new electrical service, main switchboard, motor control center, instrumentation, and SCADA control; and site improvements including grading and paving.
¾WSC shall prepare all general, civil, mechanical, and structural drawings. Electrical design will be completed by J Calton Engineering.
¾WSC will conduct Meeting #6 with City staff to discuss the 60% Draft Design Submittal and receive comments. Design drawings and specifications will be revised according to City comments.
4.2 90% Draft Design Submittal
¾WSC will submit the 90% Draft Final Design Submittal (drawings, specifications, and 90% opinion of probable construction cost) for review. The Draft Final Design Submittal will incorporate the City’s comments from the 60% submittal. ¾WSC will prepare technical specifications in 50 Division CSI format, including the bid schedule, measurement, and payment provisions, Division 01 General specification, and required technical specifications. It is assumed that front end bid documents from the City will be used for this project.
¾WSC will conduct Meeting #7 with City staff to discuss the Draft Final Design Submittal and receive comments.
¾Draft final bid documents, drawings, and specifications shall be submitted to the City as well as other permitting agencies including the DDW, County of San Luis Obispo Department of Environmental Health, and the City of Grover Beach for review.
Documents will be revised according to received comments.
4.3 100% Design Submittal
¾WSC will submit the Final Well Equipping Design once the City approves the Draft Final Design. This set will incorporate received comments.
¾The Final Design will include front end contract documents, a complete stamped and signed plan set, specification booklet, and final opinion of probable construction cost.
12.B-14Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
4.4 Contract Bid Front End Documents
¾WSC shall prepare contract documents in accordance with the City requirements starting at the 90% design level. WSC shall use the City’s existing front-end documents and update as required with project specific technical information.
4.5 Contract Documents for SWRCB and County Well Equipping ¾WSC shall submit contract documents to the DDW and the County Department of Environmental Health at the 90% design level. Comments from regulatory agencies will be incorporated into the 100% design submittal. The 100% design submittal will be submitted to the City of Grover Beach for review and issuance of a building permit.
4.6 Engineer’s Opinion of Probable Construction Cost (60%, 90%, 100%) for Well Equipping
¾WSC will prepare and submit an opinion of probable construction cost with the 60%, 90%, and Final Design submittals.
¾The 60% cost opinion will be commensurate with a Class 4 estimate as defined by the Association for the Advancement of Cost Engineering (AACE). ¾The 90% cost opinion will be commensurate with a Class 3 estimate as defined by AACE.
¾The 100% cost opinion will be commensurate with a Class 2 estimate as defined by AACE.
Deliverable:Draft (60%), Draft Final (90%) and Final (100%) Well Equipping Design Documents including drawings, specifications, cost estimates, and bid documents. Response to City and Agency comments on the draft final design package.
Assumption:WSC will utilize the City of Pismo Beach existing front-end bidding documents at 90% and 100% design levels. The well building will be concrete masonry unit (CMU) construction with a removable roof or skylight for well maintenance. WSC assumes no architectural design or fire protection systems are required. WSC will work with the City during preliminary design to select a building type (i.e., CMU, pre-fabricated, awning, or other) that best suits the City’s future needs. Scope does not assume preparation of pre-procurement separate documents for long lead equipment. No significant pipeline design work is expected and connections will be made to the existing Pismo conveyance pipeline in Huber Street. WSC cannot guarantee that the City’s actual project costs will not vary from cost opinions or estimates due to circumstances related to competitive bidding procedures, market conditions, and other economic conditions that could impact project costs. City front-end documents will be used for design packages. City and City legal counsel will supplement the City standard front-end documents as necessary to satisfy project requirements.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Task 5 Permitting and Environmental Coordination
During the preliminary design phase, WSC will identify and prepare a list of all permits applicable to well construction and equipping. The anticipated individual permits are listed below in subtasks
5.1 – 5.3.
5.1 Amended Domestic Water Supply Permit
¾Per Title 22 regulations, the City must request an amended Domestic Water Supply Permit prior to constructing the new well. WSC will assist with the permit application process by providing the City with the following preliminary documents which are to be submitted to DDW:
(1)A source water assessment for the proposed new well
(2)Documentation (map) demonstrating that the well site control zone with a 50-foot radius around the well can be established for protecting the source from vandalism, tampering, or other threats at the site by the owner (City) (3)Design plans and specifications for construction of the new well (4)Documentation required for compliance with the California Environmental Quality Act
¾Upon receipt of DDW’s conceptual site approval for the proposed new production well and following the completion (including equipping) of the new well, WSC will prepare and submit to the City all required documents for the Drinking Water Source Assessment and Protection Program (DWSAP). We anticipate these documents will include, but not be limited to:
(1)Profile of the finished borehole showing the encountered strata (2)Copy of the well construction permit issued by the County of San Luis Obispo Department of Environmental Health
(3)California DWR Well Completion Report
(4)Pump test data
(5)As-built plans
(6)Final version of the Drinking Water Source Assessment (7)Final version of the Well Data Sheet
(8)Chlorination Data Sheet
(9)National Sanitation Foundation (NSF) 61 certification of equipment in contact with water including, but not limited to, well pump, flowmeter, valves, etc. (10)NSF 60 certification of chemicals used for well treatment, including disinfection (11)Initial water quality results, including all chemical and bacteriological monitoring in accordance with the DDW’s regulations as stated in Title 22, CCR
5.2 Water Well Construction Permit
¾WSC will coordinate with the drilling contractor to provide project information needed for the water well construction permit application with the County of San Luis Obispo,
12.B-15Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
Department of Environmental Health Services. The contractor shall submit the application and pay for all associated permit fees.
¾WSC will prepare “Exhibit B” of the Water Well Construction permit application, which provides a statement that the new well will be used exclusively to provide groundwater to the public water supply system for human consumption. Accordingly, it is anticipated the San Luis Obispo Department of Environmental Health will treat the permit application as exempt from the requirements of the Executive Order N-7-22.
5.3 City of Grover Beach Building Permit
¾WSC shall coordinate and apply for a building permit with the City of Grover Beach. ¾Coordinate with City of Grover Beach to determine permitting requirements for well building and related infrastructure.
¾Prepare initial permit applications including drawings and calculations as applicable. ¾Participate in one (1) meeting with the City of Grover Beach Building, Planning, Public Works, and/or Engineering Departments. Address corrections on initial permit application and prepare revised drawings and application materials for the new well facility.
Deliverable:Documents required for the Amended Domestic Water Supply Permit Assumption:WSC assumes the City of Pismo Beach will be the primary contact for DDW and pay any fees for amending the Domestic Water Supply Permit. The City will submit final DWSAP documentation to DDW. The City of Grover Beach building permit will not include pipeline construction, and will be limited to the well building civil, structural, and electrical service drawings. WSC assumes all corrections will be addressed in the second plan check and a third submittal will not be required. Budget is based on an assumed level of effort of 16 hours. Groundwater produced from the new well during development and testing will be discharged to an existing storm water catch basin under the City’s NPDES permit. It is assumed that WSC will assist with the preparation of the PG&E service application, but the City will submit the application and required fees.
Task 6 Well Drilling and Installation Construction Services WSC can provide assistance to the City during the well installation bidding and construction. The specific services, as outlined below, include bid phase support through preparation of a final construction report.
6.1 Bidding Assistance
¾WSC will facilitate a pre-bid meeting at the well site with drilling contractors at the beginning of the bidding process. Discussions will be open to key issues in the technical specifications and to answer questions related to site conditions, preliminary well design, schedule, and contractual matters.
¾WSC will respond to bidder’s questions and prepare bid addenda, as necessary, during the bidding process.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾Upon completion of the bidding process, WSC will assist the City by reviewing and evaluating all bids received and will provide recommendations for contract award.
6.2 Construction Management
WSC’s project hydrogeologist will manage the overall drilling, construction, and testing of the new production well, and will be responsible for the final design as determined from the borehole lithology, geophysical logging, and results of mechanical grading analysis of selected formation samples.
Our subconsultant, CHG, will provide construction management services to confirm that the aspects of this work are carried out by the drilling contractor according to the well drilling and construction specifications. WSC’s project hydrogeologist will have direct contact with CHG to receive progress updates, relevant photographs, construction details, and notification of potential issues. CHG will also assist WSC with finalizing the design of the new well. Construction management services will include, but not be limited to:
¾Reviewing all drilling contractor submittals and providing recommendations for modifications so the submittals meet the requirements of the specifications. ¾Coordinate drilling contractor activities prior to mobilization. This will include verifying that the contractor has provided all submittals required by the technical specifications and that equipment delivered to the site meets the requirements listed in the specifications.
¾Review drilling contractor’s pay requests to verify accuracy and completeness and notifying WSC of any needed revisions to be passed on to the contractor for modifications.
¾Review and respond to drilling contractor’s requests for information and change order requests as needed for legitimacy.
¾Logging essential documents, correspondence records, and field notes. ¾Informing WSC of proposed or anticipated deviations from the specifications by the drilling contractor and providing recommendations on the appropriateness of such changes to allow for approval or rejection.
¾Coordination with drilling contractor for water quality sampling and testing, and NPDES and storm water discharge permit compliance.
¾Coordination with drilling contractor to check that noise control practices are in conformance with local noise ordinances and policies.
¾Reviewing the draft DWR Well Completion Report for the new well submitted by the drilling contractor and providing recommended revisions, as needed. ¾WSC and CHG will chair a pre-construction meeting with the selected drilling contractor and City personnel to review key issues within the contract documents and technical specifications. Items discussed at the meeting will include required submittals and inspections, permitting, work schedule, invoicing, and communication protocols.
6.3 Well Construction Field Oversight
12.B-16Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
CHG will provide field (on-site) oversight services, under the direct supervision of a California Professional Geologist, during the drilling, construction, development, and testing of the new production well. We assume for this proposal that on-site oversight of these activities will be primarily conducted on a part-time basis as needed to oversee key items of work. However, full- time (24-hour operation) inspection and oversight will be provided at critical times, such as during well construction. Estimated durations for on-site oversight are provided for each well construction activity discussed below.
¾Conductor Casing Installation
Full-time field inspection (est. 14 hours) will be provided during conductor borehole drilling and logging, and conductor casing and sanitary cement seal installation for the new production well to verify that all materials are furnished and installed according to the technical specifications and regulatory requirements.
¾Contractor Mobilization
Part-time field inspection (est. 8 hours) will be provided during the period when the drilling contractor mobilizes the drilling rig and other equipment on to the well site. While on site, CHG will work with the contractor to locate the correct well location, inspect and document the drilling rig and supporting equipment, noise mitigation measures, and any other items and/or layouts necessary for the replacement well construction and well destruction project. ¾Pilot Borehole Drilling and Geophysical Logging
Part-time field inspection (est. 32 hours) will be provided during pilot borehole drilling.
Formation samples will be collected at 10-foot intervals (or more frequently depending on the stratigraphy encountered). Samples will be identified for material type and production potential by visually logging them in the field using the Unified Soil Classification System.
Formation samples will be organized and labeled by depth in boxes. Full-time inspection will be provided during geophysical logging of the completed pilot borehole. ¾Pilot Hole Evaluation Final Well Materials Design
The final lengths and dimensions of the well casing, screen, and annular materials will be determined based on the results of the borehole lithology, geophysical logs, and mechanical grading analysis of formation samples obtained from the pilot borehole.
A properly designed gravel pack and well screen will control sand production from the well when it is operating. Proper selection of the appropriate gravel pack material will be determined by mechanical grading analysis and will be designed based on industry standards regarding pack-to-aquifer ratios. Up to six (6) formation samples will be selected for mechanical grain size (i.e., sieve) analysis by a laboratory to assess permeability, sand migration potential, and uniformity coefficients. These analyses will be used as a basis for preparing the custom gravel pack and well screen design for the well.
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
The final well design will include recommended depth intervals and diameters for the well casing and screens, recommended final borehole diameters, and the proper screen opening size to complement the gravel pack designs.
WSC/CHG will submit a draft final well design recommendation memorandum to the City for consideration and approval. The final well design memorandum will incorporate comments received and will be submitted to the drilling contractor for execution. ¾Borehole Reaming and Caliper Survey
Part-time field inspection (est. 18 hours) will be provided during reaming (enlargement) of the pilot borehole to the final design diameter(s) and depth(s) to verify that the work is performed correctly, and that drilling fluid properties are maintained within parameters defined by the technical specifications. The caliper tool which measures the variation in borehole diameter as it is withdrawn from the bottom of the borehole will be inspected. The results of the caliper survey are translated into borehole volume that will be used to determine the appropriate volume of annular seal material to be added during well construction. ¾Well Casing and Screen, Gravel Pack, and Annular Seals Full-time field inspection (est. 48 hours) will be provided during casing, screen, appurtenances, gravel pack, and annular seal installation to verify that all materials are furnished and placed in accordance with the final well design and technical specifications.
Prior to installation, the gravel pack material and all well casing and screen will be inspected for compliance with the specified well design. During placement, the volume of gravel pack and cement seal materials will be checked against the volume calculated from the caliper log to confirm that there are no voids or bridges forming within the annular space.
¾Initial Well Development by Airlifting and Swabbing
Part-time field inspection (est. 18 hours) will be provided during initial well development by airlifting and swabbing processes. Added dispersants, discharge water, turbidity, and sand content will be monitored to track the development progress of the well. ¾Well Development by Pumping and Surging
Part-time field inspection (est. 20 hours) will be provided during well development by pumping and surging. Tests performed by the contractor for sand content and specific capacity will be monitored frequently to measure the advancement of the development process and to verify that the well is developed to the point at which sand production is minimal and specific capacity is stable before beginning the aquifer pumping tests. ¾Aquifer Pumping Tests
Once the well development process is complete, aquifer pumping tests will be performed by the contractor and results will be used by WSC to determine well and aquifer characteristics. The following aquifer pumping tests will be performed:
12.B-17Council Agenda 2-7-2023
Attachment 2
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
x Step Drawdown Pumping Test (8 hours): Time drawdown measurements will be made to determine specific capacity and well efficiency relationships necessary to calculate the optimal production rate and pump setting. Typically, a minimum of three and up to six rates are selected for pumping, beginning with the lowest rate, and progressing to the highest. Full-time inspection by CHG will be provided during this test.
x Constant Rate Pumping and Recovery Test (24 hours): Time drawdown and recovery measurements will be made to estimate aquifer parameters. Typically, the well is pumped at a constant rate for a period of 24 hours which is followed with monitoring the recovering water level for a minimum of 4 hours. Part-time field inspection (est. 16 hours) will be provided by CHG during the constant rate, flowmeter (spinner) survey, and water level recovery testing. ¾Video Survey, Plumbness, and Alignment Surveys, and Final Disinfection Following removal of the test pump and equipment and bailing to remove sediments from the bottom of the well, CHG will provide full-time field inspection (est. 8 hours) of a downhole video survey to document the post-construction condition of the well structure.
Part-time field inspection (est. 16 hours) will be provided during plumbness and alignment surveys to check compliance with State well standards and disinfection of the well to verify that approved chemicals, concentrations, and methods are used by the contractor. ¾Well Completion, Post-Construction Site Evaluation, and Project Close-Out CHG will inspect the final wellhead completion to confirm that the well casing and appurtenances are finished as described by the technical specifications and final well design. Part-time field inspection (est. 8 hours) of the post-construction condition of the well site to verify that all equipment, materials, and trash have been removed from the site.
6.4 Well Construction Report
After well construction activities are completed, WSC will prepare a final construction report that documents the results of the drilling, construction, development, and testing of the new production well. The report, at a minimum, will provide a summary of the activities, materials, and post- construction results for the new well. The following field documentation will be appended to the Well Construction Report:
¾Copy of Water Well Construction permit approved by County Department of Environmental Health and any other permits required for the drilling/construction ¾A photographic log of well construction activities
¾Copies of reviewed submittals and responses to contractor’s requests for information (RFIs) and contract clarifications
¾Lithologic log
¾Borehole geophysical logs
¾Results of mechanical grading analyses for selected drill cuttings and gravel pack material
¾Copies of well construction, development, and aquifer testing field forms
6.0 Statement of Understanding and Scope of Work
Proposal for New Groundwater Production Well
City of Pismo Beach | 7-3
¾Copies of spinner/flowmeter log, plumbness and alignment test logs, and post- construction video log
¾Analyses and results of post-construction pumping tests ¾As-built diagram of the completed well
¾Results of water quality laboratory analysis
¾Copy of the California DWR Well Completion Report submitted by the drilling contractor Deliverable:Response to bidder’s questions and clarifications during bidding, as needed. Preparation of Bid addenda, as needed. Formal evaluation of contractor bids. Formation samples collected from conductor and pilot boreholes. Draft and Final Well Design Memo. Draft and Final Well Construction Report. Well construction documentation including permits, logs, sample results, testing field documents, and as-built well diagram.
Assumption:Water discharged during the drilling, development, and aquifer testing of the well will be collected by the contractor in on-site temporary water storage tanks for desilting and then discharged to the approved discharge point via a temporary pipeline. All report documents to be submitted electronically. Contractor will be responsible for collecting and submitting all water quality samples for analysis by a State-certified testing laboratory and paying lab fees.
Optional Task 1 Well Equipping Construction Services
WSC can provide assistance to the City during the bidding and construction of the well equipping.
The specific services, as outlined below, include responding to bidder inquiries, submittal review, responses to requests for information, review of change order requests, and part-time construction management. If WSC is awarded construction management services for the Central Coast Blue project, the cost of administering the new groundwater production well construction contract is estimated to be significantly reduced as the construction management team for Central Coast Blue will be providing oversight for construction and equipping of four injection wells and 11 monitoring wells. The Central Coast Blue construction management team will have the staffing, document control, and contract administration framework in place to efficiently manage the new groundwater production well construction at an incremental additional cost. Well equipping construction services are presented as an optional task so the City can decide whether to include these services as part of the overall Central Coast Blue construction management services scope, or as part of the new groundwater well design scope.
O1.1 Bidding Assistance
¾WSC will facilitate a pre-bid meeting at the well site with contractors at the beginning of the bidding process. Discussions will be open to key issues in the technical drawings and specifications and to answer questions related to site design. ¾WSC will receive questions from the City and prepare responses in the form of addenda. WSC will prepare up to two (2) addenda as part of the well equipping bid assistance.
¾Upon completion of the bidding process, WSC will assist the City by reviewing and evaluating all bids received and will provide recommendations for contract award.
12.B-18Council Agenda 2-7-2023
Attachment 2
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12.B-19Council Agenda 2-7-2023
Attachment 2