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Home My WebLink About0611.000~, . . , ' ,~ " :"" December 13, 1990 THE HONORABLE CITY COUNCIL palo Alto, California ,/ 9 Regional Water Quality control P15nt -»udget Amendment Ordinance And AMendment No. 1 to consultant Agreement No. COQI.?? Members of the Council: Report. in Brief This report requests that Council approve the attached Budget Amendment Ordinance for $241,000 to fund tasks resulting from new regulatory aqeney-requirements and f"rom a la'W'5uit filed by a coalition of environmental groups. The report also requests that council approve and authorize the Mayor to exacute Amendment No. 1 to consultant agreement No. C0014794 with James H. Montgomery consulting Enqinaers, Inc. for $169,000 to perform additional work to .eet the new reg'.llatory l!q8-ncy requirements. Funds are available in the wastewater Fund System lmprovemsnt R6s~rve4 Background The Regional Water Quality Control Plant (RWOCP) was mandated to initiate environmental studies by the Regional water Quality Control Board (Regional Board) and the Bay Area Air Quality Manaqeaent District (Air District]. On October 9~ 1990, council authorized the execution oZ a consultant agreement with James H. Montgomery Consulting Engineers, Inc. to conduct those st~dies on lih.i.ch staff had sufficient guidance from the. regulatory agencies ~ Additional required studies were not included, as staff bad inSUfficient guidelines from the regulatory agencies to develop a detailed conaultant scope of work or cost (CMR:521:0}. ~~~n of Additional Needs Since approval of the FY 199~-91 RWQCP operating budget, staff has identified the followinq additional tasks which will need to be funded this fiscal year: o Environaental Studies Further requiresents on the RWQCP have been recently identi fied. by the Regional Board and Air District.. The requirements include a study to determine site-specific water quality standards tor the RWOCP, as 'Well as additional sediment bioassay testinq, source control, and air emissions risk: assessment 'Work. The cost for these tasks is $16g,OOO~ -l- C!IR:61l:0 o o The Raqional Board has mandated that the City conduct biological testing to detecmine the basis for new standards which are specific to the existing conditions in lower San Francisco Bay and are applicable to the three sewage treatr:&-nt pla.nts discharging: south of. the OUmbarton Bridge. As a result, statf will work closely with San Jose, Santa Clara and SUnnyvale to ensure that the .ork is coordinated and not duplicated between the cities. The Regional Board also has required additional sediment bioassay testinq to more accurate1y detenaine the toxiCity of the sediments in the Bay and added source control programs to regulate more discharqers, including automotive repair facilities. The Air District has recently finalized its guidelines on the preparation of risk assessments. As a result, it has become necessary to perform additional air monitoring to estimate the impact of air emissions from the RWQCP. The new quidance requires an analysis of risks from ingestion and dermal exposure, in addition to the inhalation pathway originally envisioned. It also requires 8 more detailed analysis of the area potentially affected by the ~WQCP. o OUtside Legal Services A lawsuit filed in Federal court by the Sierra Club, Citizens :tor a Better Environment and The Audubon Society this fall impacts the three sewage treatment plants which discharge south of the Dumbarton Bridqe and results in the need to have a carefully coordinated response. The City of sunnyv~le will take a lead role in dealing with the lawsuit. In order to coapensate the City of Sunnyvale tor coordination tasks to be furnished by outside counsel, staff recommends inclusior. of funding for that purpose in the amount of $25, 000. These leqal coordination costs could not ~ve been foreseen at the time of budget preparation. o Remodeling When the budget was prepared, it appeared that relocation of several Utilities Department employees from the RWQCP to the Municipal Services Center would provide sufficient space for FY 1990-91. Ho'Wever, new mandates from the requlatory Agencies for increased laboratory work necessitate a remodel ing project in this fiscal year. Offices will be relocated and centralized in the Water Quality Administration Buildinq in order to tree up space in the Operations Building for an expanded laboratory program~ The additional laboratory area is necessary to accommodate more sophisticated equi~ent and procedures necessitated by the latest regulatory requirements. The estimated cost for the remodeling is $35,000. -2- CMR:611:0 .. '. - Dilcussioo of Consultant AqreemeCt AF.endment Pha.se I of the Aqraement 'With James X. Montgomery Consultinq Engineers, Inc. anticipated two phases of work. The first phase for $141,443 is currently underway .. The second phase was purposely held back until staff could clearly identify the scope and cost. Now that the. regulatory aqeney requirements are known, staff recomaends that council approve Amendment No. 1 in the amount of $169,000 for Phase II t4sks as previously described. Sum"lry of Costs Following is a summary of costs: o o o o environmental studies agreement amendment additional aqreement continqen~y outside legal services remodeling TOTAL 169,000 12,000 25,000 35.QOO $241.000 Staff recommends ~~at Council approve a Budget Amendment Ordinance in the a.ount of $241,000 to fund these tasks, whiCh will reduce the Wastewater FUnd system Improvement Reserve from $2,741,'80 to $2,500,480 .. ~end4ti9DS Staff recommends that council! 1. Approve a 8ud<Jet Amendment Ordinance in the amount of $241, 000 for environmental studies, litigation and remodeling. 2 ~ Approve and authorize the Mayor to exec'Ute the attached Amendlaent No. 1 to con8ultant aqreement No. CO<l14794 with James X. Montgomery Consulting Engineers, Inc., for Phase II work in the amount of $169,000. 3. Increase ~e city Kanaqsr's or his designee's authority to negotiate and execute one or more additional amendments to Consultant Agree.ent No. C0014794 for additional services related to or inci~ental to the scope of work or services, the value of" all of which a_endlnents shall not. exceed $17,000. This represents an increase in staff's authority from $5,000 to $17,0(10 for all amendments. Respectfully submitted, PHILIP BOBEL En9ineering Manaqer aiR:61l:0 -3- • ~-4. ad.L'_~ DAVID G. ADI'.HS Director o~ Public Works ~~lt~ ct ty Manager Related CMR:521:0 Attachwlents: Budget Amendment Ordinance bendment No. 1 -4- CMR: 611:0 o OR')INANCE NO. ORDINANCE OF 1'HE COUNCIL OF 1'HE CIT'! OF PALO ALTO AMENDING THE BUDGET FOR THE FIS~AL YEAR 1990-91 TO PROVIDE AN ADDITIONAL APPROPRIATION FOR 1'HE REGIONAL WATER QUALITY CONTROL PLAh~ FOR REGULATORY REQUIREMENTS, AND FOR LEGAL AND REMODE:LING EXPENSES WHEREAS. pursuant to the provisions of section 12 of Article III of the Charter ot the City of Palo Alto, the Council on June 18 1 1990 did adopt a budget Lor fiscal year 1990-91i and WHERE.~S, 8 number of new requlatory requirements have been isposed on the Reqional Water Quality Control Plant (RWQCP); and WHEREAS, the Council ~esire:::9 that Ule City ente.r into an agree.ent with t."te City of Sunnyva.le under which the city of Sunnyvale will be raiJlbursed in t".he amount of Twenty Five Thousand Dollars ($25,000) for leqal tee.s to be incurred by that City in connection with its coordination of the dischargers' response to litigation ar..c! aduaini&trativc: proceedinqs related to South Say water quality; and ~, additional workspace is needed to adequately house Environmental Co.pliance Division staff at the RWQCPi NOW, THERl:FORE, the council of the City of Palo Alto does ORDAIN as follows: SECTION la The &UlI!I ot Two Hundred Forty-one Thousand Dollars ($2.1,000) is bereby appropriate.d to Wastewater Treatment Su:bfu.1'iQ budget as follows, and the Wastewater Fund. System IBlprovement Reserve (SIR) is correspondingly reduced. o $206,000 to contract Services (environmental and legal services) .. o $10,000 to Facilities and Equipment purchases (remodalinq) • o $2510~O to SUpplies and Materials (rp~odeling). SECtION 2. This transaction will reduce the Wastewater Fund SLa fro. $2,741,480 to $2,500,480 as of October 31, 1990. SECTION 3. The Council of the city of Palo Alto here~y finds that the enactaent. of this ordinance is not a project under the california Environaental Quality Act and, therefore, no environmen tal i~ct a •• ea .. ent ia necessary. . .; .. o IEctIM ,. xunicipal Code • .. 4option. As provided in section 2.04.375 of the palo Alto this ordinance shall become effective upon IIITROI>UCED J.Nl) PASSED: AYES: IIOBS: ABSTl!I/TIOIfS: ABSI!IIT: ATTEST: APPROVED: city ClErk Mayor APPROVED AS TO FORK: Asst. City Attorney APPROVED: city IIanager Director of F~nance D~rector of Public Works 90-1.17 AIIl!!IDKZlI'r 110. 1 !'O CO!l'l'RACT 110. CO0147,. BI!lT1rI!DI Cln 01' PAl.O AL!l'O AIID JAHBS K. KOIITQOl(ERl'", COMSULT.IllQ BNGlliEBR8 ... INC. THIS AMENDMENT to Contract NOa c0014794. is made and entered into this day o£ • 199C~ by and between the CITY OF P.'-LO ALTO, a municipal corporation of California ... bereinBfter referred to as "CITY,· and JAMES MoO MONTGOMERY, CONSULTING ENGINEERS.. nrc. (Taxpayer Identification Number 95- 1878805), a California Consultinq Enqineering Corporation, with offices at 355 Lennon Lane, Walnut Creek, CA 94598, hereinafter referred to as ·CONSOLTANTD; J, I C J ,. 1 L s: WHEREAS,. Contract No. COO!4794 was previously entered into. between CITY and CONSULTANT for the provision of consulting enqineerinq senlices to conduct environmental studies for the Regional Water Quality Control Plant; and ~ ... the parties desire to amend saie:! agreement to allow CONSULTANT to proceed with Phase II of the agreement's scope of services; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto aqree as follows; SECTION 1. The followil19 paragraphs of Contract No. COO~4794 are hereby amended to read as follows: 8. Paraqraph 4.1.2. 4.1.2 Phase II of Basic services. Under Phase II of the Basic Services, CONSULTANT sball perform the following tasks described in Section I of Exhibit -A-: Subtasks 2.2-2.8, related to the -Cost/Impact Analysis of Achieving water Quality Based Effluent Limits.-CONSULTANT shall proceed with Phase II of the Basic Services after the executi~n of Amendment Number 1 to this Aqreement and. upon receipt of Notice To Proceed under Pha~e II froa the PROJECT MANAGER. b. Paraqraph 6.1.3. 6.1.3 In consideration tor the .full performance ot Phase Xl or the Basic Services described in section 4.1 of this Agreeaent, CITY agrees to pay CONSULTANT a fee not to exceed One Hundred Eighteen Thousand Five Hundred Fifty Nine Dollars ($U8,559.00). 1 101206 We: 0010241 · ; o c. Parac;raph 6 ~ 1 ~ 4. 6.1. 4. The amount of CONSULTANT'S compensation tor Phase II of the Basic Services shall be calculated as set forth in Exhibit -B w • up to the maximum amount set forth in para.qraph 6.1.3. d. Paragraph 6.1.6. 6.1.6. lor Additional Services. For CONSULTANT IS additional services, as described in Section 4.2 of this Agreement, cOlIpensation shall be as prescribed in Exhibit -B", but not to exceed Fifty-nine Thousand Four Hundred Fifty-one Dollars ($59,451.t>O) for the first year of the tena of this Agreement. CONSULTANT's compensation for additional services shall be co-mputed on a time and materials basis as shown in Exhibit -B-. The rate schedules shall be updated on January 1 of each year. e. Paragraph 7.2 7.2 TIME IS OF THE ESSENCI .It is unde.r9tood and agreed that time is of the essence of this Agreement. and that .. followinq receipt of Notice to Proceed.. CONSULTANT shall commence 'Work on initial tasks under Phase I of the Basic Services in accordartCe with the time schedule set fortb in Exhibit -A-. Work on subsequent tasks under Pha5e I shall proceed in accordance with said time schedule. ~ork under Phase II of the Agreement shall proceed following the approval and execution of Amendment Number 1 to this Agreement and CONSULTANT's receipt of Notice To Proceed under Phase II. SECTION 2. Except as herein modified., all other provisions of and exhibits and amendments to said agreement shall remain in tull force and effect. IN WITNESS WHEREOF .. the parties bereto have executed this Amendment the day and year first above written. ATTEST: city CIerI< APPROVED AS TO FORM: Assistant City Attorney APPROVED: Assistant city Kana~er 2 CITY OF PALO ALTO Kayor JAKES K. MON"l'GOKERY, CONSULTING ENGINEERS, INC. // J By: tM.-. (" 7:ctW Its: ~~a /h's;cf,J- ." Director of Finance Risk lIanager APPROVED AS TO CO!I'l'EN'l': Director of PublIc Works J