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HomeMy WebLinkAbout1990-05-22; City Council; 10627; SDG&E EXPANSION AT ENCINA PLANT CONTRACT WITH TETRA TECH, INC. TO PROVIDE ENVIRONMENTAL RESEARCH AND ANALYSIS SERVICES&.3 F * a. 0 g E 2 .. z 2 G a 5 d z 3 0 0 I / (9 ,*--e :I& CITY MGR~ CI~OF CARLSBAD - AGEN~BILL AB# /es:/,j17 TITLE: SDG&E EXPANSION AT ENCINA PLANT: DEPT. HDC CITY ATT @ MTG. CONTRACT WlTH TETRA TECH, INC. TO 5/22/90 PROVIDE ENVIRONMENTAL REsElIRcH DEPT. Pln AND ANALYSIS SERVICES RECOMMENDED ACTION: That the City Council ADOKT Resolution No. gfi-iq / , approving an agreement between the City of Carlsbad and Tetra Tech, Inc. to provide environmental research and analysis services associated with the City’s participation in San Diego Gas and Electric Company’s request to the California Energy Commission to construct a 460 MW power plant at the existing Encina Power Plant site, and authorizing the encumbrance of funds, in an amount not to exceed $75,000.00 from salary savings within the Planning Department to pay for services to be provided by Tetra Tech under this agreement. ITEM EXPLANATION On December 12, 1989, SDG&E informed the City Council that it intended to file a Notice of Intention (NOI) with the California Energy Commission to consider SDG&Es Encina Power Plant as one of five alternative sites on which to construct a 460 MW combined-cycle electric power plant. At that meeting the Council expressed concerns over the environmental, economic, social and other impacts associated with the proposed expansion and expressed its desire for further information. On January 23, 1990 the City Council: a) approved emergency ordinance NS-108 placing a moratorium on the processing of City permits required for expansion of the existing Encina Power Plant; and b) adopted resolutions 90-14 and 90-15 authorizing the City to seek proposals for legal and environmental consultants to assist the City in the proceedings before the Energy Commission. On May 9, 1990 the City Council authorized a contract with the firm of Jackson, Tufts, Cole, and Black, to provide special legal counsel in this matter. In keeping with Council’s further direction, staff has identified a scope of work to provide the City with needed environmental consulting services. These services - to be provided during a period of up to 18 months - would include: 1. Conduct a literature search of original source documents dealing with a range of environmental issues concerning the Agua Hedionda Lagoon, offshore area, and the Encina Power Plant site, and identify issues warranting further discussion and study by the Energy Commission prior to making a finding of suitability for this site; ... 0.. ... i., - , 0 e PAGE 2 OF AGENDA BILL NO. /?/($a7 R- 2. Assist the City of Carlsbad to review and comment upon potential environmental impacts and other information to be produced as part of the Energy Commission Notice of Intention process; and Work with the City staff and special legal counsel in recommending strategies for the City of Carlsbad. 3. Following the issuance of an RFP to ten qualified firms and the conduct of a formal consultant selection process, staff has identified the firm of Tetra Tech, Inc. as most qualified to undertake successfully the identified scope of work. FISCAL, WACI' Tetra Tech's contract would be implemented on a "time and materials" basis, with a not-to-exceed cost of $75,000.00 An undeterminable portion of this amount is reimbursable through the California Energy Commission. If research to be undertaken under this agreement uncovers additional subjects requiring consultant services, or if the case proceeds beyond the NO1 proceedings, there will be additional future expenditures to be determined at that time. Funding for this agreement will be made available from salary savings within the Planning Department. If additional funding is necessary, it will have to come from other General Fund sources. EXHIBITS 1. City Council Resolution No. qo -iL\[ . approving an agreement with Tetra Tech, Inc. for the provision of environmental consulting services and the encumbrance of up to $75,000 from the salary savings within the Planning Department. 2. AGREEMENT between the City of Carlsbad and Tetra Tech, Inc. .i . ii. 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. 90-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND TETRA TECH, INC. FOR ENVIRONMENTAL CONSULTING SERVICES, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, WHEREAS, the City Council has determined previously that it will be necessary to obtain environmental consulting services to assist the City in proceedings before the California Energy Commission regarding SDG&E's application to expand power generating facilities at the existing Encina Power Plant located in the City of Carlsbad, California, and: WHEREAS, a formal consultant search and selection process has been completed resulting in a recommendation to enter into an agreement with Tetra Tech, Inc., and: WHEREAS, the City of Carlsbad and Tetra Tech, Inc. have reached an agreement regarding the provision of environmental services, and; WHEREAS, the City is a local agency and authorized under the Energy Commission's rules to seek, and will seek, to the maximum extent possible, reimbursement of its time and costs incurred in the Energy Commission's proceedings. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: '* 2. That the above recitations are true and correct. That the agreement between the City of Carlsbad and Tetra Tech, Incorporated is hereby approved. 3. That the Mayor is authorized and directed to execute said agreement for an on behalf of the City of Carlsbad. eo* . i .. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4. That the City will seek the maximum amount of reimbursement of its costs incurred in these proceedings pursuant to Section of 1715 of the Energy Commission's regulations. That upon receipt and analysis of information regarding potential impacts of the proposed Encina Power Plant expansion, the City Attorney and City Manager are directed to report to the City Council for further direction in these proceedings. 5. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of May 1 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: HA LLAAwi EN- 2, City Clerk KAREN R. KUNDTZ, Assistant City Clerk h (SEAL) 2 %% 0 a EXPANDED REQUEST FOR PROFESSIONAL CONSULTING SERVICES March 28, 1990 -- SDGM APPLICATION TO CALIFORNIA ENERGY COMMISSION San Diego Gas and Electric Company has made an application to the California Energy Commission to qualify two or more of five alternative sites for the construction of a 460 megawatt combined cycle thermal power plant. One of the proposed alternatives sites is the existing 920 MW Encina Power Plant located within the City of Carlsbad. Two others are located within San Diego County. One is located in Imperial County. The last is located in Riverside County. As provided by the Warren-Alquist Act the authority to grant certification of power plant sites is vested with the California Energy Commission. A two-step process is utilized by the Commission: 1) Notice of Intention (NOI). The NO1 represents a middle phase between the Commission's longterm planning activities and the actual certification of a specific plant site. The NOI's principal purpose is to identify several potential sites before a specific site proposal is selected for certification. In the NO1 the Commission makes a preliminary determination as to the need for a site, the acceptability and suitability of alternative sites, and alternatives to the proposed project. The NO1 consists of six phases: Pre-filing, Data Adequacy (a determination that the application touches on all the issues), Discovery (a period of data collection), Analysis (testimony, analysis, and studies), Hearings (public hearings with a two-member committee of the Commission), and Decision (the full Commission hearings). At the conclusion, the Commission may approve one or more sites for which the applicant may then file an Application for Certification. The NO1 process requires approximately twelve months. Application for Certification (AFC). The AFC represents the construction and operation pennit review of proposed project sites which have been approved via the NO1 process. Through the AFC the project's specific environmental impacts, mitigation measures, preliminary engineering design, and conformance with laws and standards are evaluated. The environmental review process maintains the intent of the CEQA process, but follows a unique procedure. The AFC certification decision allows the applicant to begin construction and, eventually, to operate the facility. The AFC must be completed within twelve months of the formal filing. 2) The current SDG&E NO1 proposal was submitted to the Energy Commission in December of 1989. It is now near the completion of the "Data Adequacy" phase of the process. The City has applied for formal Intervenor status and we anticipate it's acceptance upon completion of the "Data Adequacy" stage of the NOI. E"MENTAL SE'ITING Under the Encina alternative the new 460 MW facility is proposed to be incorporated within the existing power plant complex located on a portion of a 680 acre SDG&E holding encompassing + -. 0 0 the entire south shore of the Agua Hedionda Lagoon (see attached aerial photo). The lagoon extends from its mouth at the coast, to a point approximately 1.7 miles inland. The Atchison, Topeka and Santa Fe (AT&SF) railroad trestle and Interstate 5 freeway bridge cross the lagoon and divide it into three segments: outer (at the mouth, approximately 66 acres), middle (27 acres), and-inner (upstream, 295 acres) lagoons. The outer lagoon is the source of cooling water for the power plant, situated on the south shore. A rock-jetty entrance channel has been constructed to prevent the closure of the lagoon mouth, thereby maintaining a free exchange of water for the plant's cooling needs and, coincidentally, between the ocean and the lagoon system, The outer lagoon and inlet have been dredged biennially by SDG&E since approximately 1955. The physical improvements and maintenance dredging associated with the cooling water system have established a hydrological environment which affects a number of other processes, including the transport of sand in the littoral drift, the scouring and deposition of bottom sediments between the three lagoon sediments, and the creation of a thermal plume in the near offshore area. These, in turn, affect the biological regimes of both the ocean and lagoon environments. SDG&E indicates that the proposed plant expansion would increase the cooling water need by approximately 60 percent. When combined with the existing cooling volumes, the total cooling water requirement would correspond to approximately 70 percent of the estimated tidal prism. The power plant is bounded on the west by Carlsbad Boulevard, with public beaches and the Pacific Ocean beyond. The northerly edges of the plant form the southerly shores of the outer and middle lagoons. The site is bisected by the AT&SF rail right-of-way. Immediately to the east is the CALTRANS right-of-way for 1-5. The plant's major transmission lines extend easterly, across 1-5 and through rights-of-way beyond. SDG&E leases these transmission line rights-of-way to agricultural interests. To the south is Cannon Road, with single-family and multi-family subdivisions beyond. RELATIONSHIP OF CONSULTANT SERVICES TO ENERGY COMMISSION PROCESSES The City Council is quite concerned about issues pertaining to the proposed expansion of the Encina Power Plant site. The Council has given staff direction to participate fully in all aspects of the NO1 and AFC processes, including specific direction to retain consultants to assure that the Energy Commission processes achieve a rigorous environmental scrutiny of the Encina site. At this time the City is seeking consultant services to aid in the NO1 process only. The next phases of the NO1 process provide opportunities to identify issues, problems, studies and information which ought to be considered in the Energy Commission's analysis of the site's suitability for a new power plant. City staff has neither the time nor the expertise to review fully all of the submittals of the applicant, to search out additional historical technical documents and information, to digest this information so as to understand what it all means, and to use this information to suggest what issues, problems or additional studies ought to be discussed further in the NO1 process. The City is seeking assistance to do this research and analysis quickly and, then, to stand with the City to participate in the NO1 dialogue to present and discuss the results of the consultant's research together with that of other parties. c- 2 -9 * e 0 The is of the essence in this matter as the window of opportunity to submit requests for information, to raise issues, and to request studies of the Energy Commission is determined by the statutory requirements of the NO1 process. If, as part of the NO1 process, the Encha site is accepted by the Energy Commission as a site which SDG&E may bring subsequently to the AFC process, the City may then wish to retain a consultant for additional technical and environmental services. In this eventuality the City may issue a separate Request for Professional Services, or it may negotiate an addendum to the contract of the consultant chosen to perform the current requested services. SCOPE OF WORK: .- . k The Consultant's Responsibilities; The consultant shall undertake and compete Tasks 1 2 and 3 pursuant to the provisions of this section. Task 1: Locate, review and evaluate existing environmental and technical documents, studies and data pertaining to the Agua Hedionda Lagoon and Encina Power Plant with regard to subjects listed following. 1.1 Locate historical environmental and scientific literature, data and studies on the Agua Hedionda Lagoon (including adjacent uplands and its drainage basin) and the existing Encina Power Plant site (including its initial construction, expansion, and operation). Review the NO1 application submitted by SDG&E to the Energy Cornmission (as supplemented and amended) relevant to environmental issues pertaining to the site and lagoon. Analyze this collected literature and evaluate the methodologies, findings and conclusions contained therein. Look for processes and trends that are identifiable over time. Identify issues and problems which should be brought to the attention of the Energy Commission during the NO1 or AFC processes through answering the following questions: What conditions and processes existed prior to construction of the existing plant? (What are the baseline data?); What has happened as a consequence of the existing plant construction and operations? (Take note of the initial and subsequent construction phases); What might be the consequences of the proposed plant expansion? Extrapolate identified trends or problems through construction and operation for twenty years. Identify any studies which should be done in order to clarify or resolve issues and problems identified above. 1.2 1.3 1.4 1.5 3 -. e e 1.6 Products the consultant shall prepare and deliver to the city: a. - Ten (10) copies of an annotated bibliography of all the literature, studies, and data researched in the conduct of tasks 1.1 through 1.5. Where possible, one (1) copy each of those key original source materials used to fomulate issue statements or cited in the final report. Fifty (50) copies of a final report, to contain at least the following sections: executive summary, methodology, analysis, conclusions, and recommendations. b. C. 1.7 Presentations: a. City Council, in Carlsbad, to present the report, findings and recommendations (one hearing); Energy Commission hearings (two hearings; may be in Sacramento and/or Carlsbad). b. Task 2: Assist the City of Carlsbad to review and comment upon potential environmental impacts and other information to be produced as part of the Energy Commission Notice of Intention process. 2.1 Review and evaluate documents and data produced by the Energy Commission, SDG&E, and others in light of information and findings developed in Task 1. When appropriate prepare draft written comments on documents and data reviewed in Task 2.1. When appropriate, present comments generated in Tasks 2.1 and 2.2 and expert testimony to the City Council and, on behalf of the City, at Energy Commission hearings. 2.2 2.3 Task 3: Confer with City staff and other consultants, including special legal counsel, in the development of tactics and strategies. B. THEClTY'SRESFQNSIBILlTIES 1. 2. The City shall make payment to the consultant as provided in a formal agreement. The City shall make available to the consultant all currently held background information and technical documents. The City shall coordinate all meetings, including City hearings and associated noticing requirements. 3. 4 -. 0 0 - C. PRELIMINARY LIST OF F.NVlRO"TAL SUBJE(;Ts FORCONSULTANT RESEARCH AND ANALYSIS: 1. Air quality. Analyze the history and current status of emissions monitoring at the Encina Power plant. Confer with the Air Pollution Control District on current issues and possible future problems with the proposed expansion. Evaluate the status of Best Available Control Technology (BAC") as currently implemented for the existing plant and proposed by SDG&E for the expansion. Review the statutory basis and theory of "offsets" and evaluate the options proposed by SDG&E for Encina. 2. Hydrology and tidal prism As indicated in the "environmental setting" section, the existing physical constructs made at the lagoon entrance channel, the circulation of cooling water, and the historic periodic maintenance dredging of the entrance and outer lagoon have dictated a hydrological environment which affects a number of marine physical and biological processes. For some time the City's Beach and Erosion Committee has become increasingly concerned about how the existing plant affects: a. b. C. d. The transport of sand along this section of the coast and its deposition on the beaches and within the lagoon; The degree and significance of entrainment of fish and other biota at the cooling water intake; Effects upon lagoon flushing and water quality as larger portions of the tidal prism have been required for cooling in response to previous plant expansions; The observed scouring and deposition of bottom sediments between the three lagoon segments resulting currently in the presence of large "holes" (24 to 36 feet deep) near the footings of the AT&SF trestle and 1-5 bridge and the presence of sand bars at other locations within the lagoon. Consultant research should identify ongoing processes, whether these processes have or could create problems, and the degree (if any) that these processes and problems are caused or aggravated by the existing power plant. Then research should focus upon the proposed plant expansion and the impact which its construction and operation might have on the identified processes and problems. 3. Water quality Evaluate the historical and current water quality of the near-shore and lagoon environments for standard parameters, including but not limited to: pH, salinity? turbidity, BOD, claxity, /coliform count, and fertilizer and pesticide run-off. Special attention should be given to temperature and the thermal plume of the cooling system outfall. 5 I 0 0 4. Biology Evaluate historical and current species composition and diversity for intertidal, pelagic, and benthic environments. 5. Sedimentation Evaluate sediment deposition in the lagoon from all likely sources, including tidal flux, upstream runoff and adjoining agriculture practices. Take note of any data (such as coring studies) evaluating the accretion of sediment pollutants, and, if noted, identify potential sources such as agricultural run-off or power plant stack fallout. 6. Other subjects In the course of researching the above topics the consultant may come upon information which suggests additional areas of concern. In this event the consultant should bring the issues to the attention of the City staff to discuss the treatment of the information. OTHERRELATEDACTMTIES: The City anticipates contracting for additional specialized services to assist with its involvement with the SDG&E proposals. Currently two other contracts are anticipated: 1. The City is entering into an agreement for special legal counsel to assist the City to optimize its understanding and participation in the Energy Commission procedures. The counsel will also participate on a team (consisting of elected officials, City staff, and other consultants) to evaluate information as it becomes available and, in response, to develop tactics and strategy. The City Council has directed staff to evaluate the existing zoning and general plan land use designations for the full 680-acre SDG&E holdings, including the power plant. Development of the necessary studies is likely to include land use, environmental and economic consulting services. These needs are being evaluated and requests for consultant services are being developed. - 2. REQUEsr FOR RESPONSES AND PROPOSAIS Qualified firms should submit letters of interest accompanied by documentation setting forth: the firm's qualifications for the specific requested work (including staff who will work on this contract), the firm's approach to all of the tasks, plus the firm's cost estimates and proposed form of remuneration (lump sum, graduated payment, time and materials, etc.). 6 0 e - Six (6) copies of responses to this request are to be received by the City no later than 5:OO p.m. April 18, 1990. Responses should be mailed or delivered to: Dennis Turner, Principal Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Interviews with up to three finalists will be conducted in Carlsbad within two weeks of the closhg date for initial responses (approximately the week of April 30, 1990. Please take note of the provisions of the attached City of Carlsbad standard consultant contract. All questions and communications on this matter should be directed to: Dennis Turner (tele. 619- 438-1161, FAX: 619-438-0894). .c A'ITACHMENTS: Standard draft City consultant contract Aerial photo of area Expansion site plan (from NOI) DT:kd 7 - -1 0 0 @ [R) TETRA TECH. INC. 530 NORTHROSEMEADBLVO PASADENA CALlFORNlA 91107 TELEPHONE ala449 6400 April 18, 1990 P-24635 Mr. Dennis Turner Pri nci pal P1 anner City of Carlsbad P1 anning Department 2075 Los Palmas Drive Carlsbad, CA 92009-1576 Subject: Dear Mr. Turner: Tetra Tech, Inc. is pleased to respond to your request for Professional Consulting Services as described in your March 28, 1990 letter. This proposal package consists of this letter with accompanying attachments and documentation which supports our qualifications to assist the City of Carlsbad during the California Energy Commission (CEC), Notice of Intention (NOI) phase in reviewing and identifying environmental issues, problems, studies, and data relating to the new proposed SDG&E Encina Power Plant Expansion. COMPANY QUALIFICATIONS Tetra Tech, Inc. is a full-service environmental and engineering consulting firm with a staff of approximately 400 including more than 250 professionals. Headquartered in Pasadena, California, Tetra Tech operates from 6 offices in California and 15 other offices nationwide. With more than 24 years of experience, Tetra Tech has managed and conducted major environmental and engineering contracts for government and industry including extensive nationwide experience in environmental impact analysis and natural resources management. Additionally, Tetra Tech has conducted a number of very large environmental planning and assessment programs in conformance with the National Environmental Policy Act (NEPA) , the Cal iforni a Environmental Qual i ty Act (CEQA) , and simi 1 ar state and federal environmental regulations. The firm has successfully completed, or is currently managing more than 2,000 environmental programs throughout the United States. Most importantly, Tetra Tech has extensive experience in planning, organizing, and controlling simultaneous large environmental impact studies activities at multiple locations across the United States. These activities include: Proposal to Provide Environmental Consulting Services with Regard to the Proposed SDG&E 460 MW Encinas Power Plant at Agua Hedionda Lagoon b The preparation of the EIR for the Hyperion Treatment Plant Ocean Outfall. This is a complex marine orientated project which included field studies, data analysis, and coordinating all environmental permitting activities for the City of L.A. a - -. 0 e - Mr. Dennis Turner April 18, 1990 Page 2 The Metropol itan Water District Eastside Reservoir EIR/EIS Study. This project entailed the evaluation of six alternatives to provide an additional 1.1 million acre-feet of storage capacity for screening purposes. Some issues of concern were water qual i ty, hydro1 ogy, erosion and sedimentation, biology, and infrastructure. Technical support services for Section 201(h) of the Clean Water Act. Tetra Tech has provided the U.S. EPA program technical support since its inception in 1979. The work includes technical reviews of effluent treatment, evaluation of monitoring programs; data base development, data analysis and eval uat i on of numerical model s. e The U.S. Air Force Base Closure and Realignment Environmental Impact Analysis Proces (EIAP) Support. The EIS for the Naval Weapons Station Concord railroad and highway overpass The EIS for the Naval Regional Medical Center in San Diego. e Cultural resources surveys and monitoring at Vandenberg AFB for expansion of testing facilities for the Small ICBM and Peacekeeper Rail Garrison programs. The Environmental Assessment for Vandenberg AFB’s Comprehensive Plan 0 A detailed and comprehensive Statement of Qualifications is attached to this proposal. This SOQ illustrates Tetra Tech’s in-depth experience and expertise in environmental assessment and impact projects. In addition, Tetra Tech’s experienced and well-trained marine science group provides a wide range of environmental services. This team has conducted some of the largest and most complex marine and estuarine programs in the United States. For example, Tetra Tech managed the Remedial Investigation/Feasibility Study for the Commencement Bay Nearshore/Tidefl ats, which is the largest marine Superfund National Priorities List site in the country. The marine science group routinely performs marine and estuarine evaluations on an international, national and local level. Since 1966, Tetra Tech has completed over 1,000 marine and estuarine projects nationwide. Project locations include all U.S. coastal regions, including Alaska, Hawaii, Puerto Rico, the Virgin Islands, and territorial possessions in the Pacific Ocean. Project size has ranged from small coastal engineering projects to nationwide multidisciplinary environmental programs. TETRA TECH,INC. -< 0 0 Mr. Dennis Turner April 18, 1990 Page 3 The six specific marine technical service areas provided by Tetra Tech are: 8 Environmental Impact analyses 8 Marine and Estuarine Modeling 8 Marine Field Investigations 8 Coastal Engineering 8 Data Analysis and Information Management Regul atory Compl i ance Services 8 A detailed and comprehensive Statement of Qualifications is attached. This SOQ demonstrates our in-depth and broad experience in the marine environment. STAFF QUALIFICATIONS AND PROJECT MANAGEMENT In order to provide complete environmental and engineering consulting services, Tetra Tech has assembled a large multidisciplinary staff of scientists, engineers, analysts, technicians, and managers. The Tetra Tech professional staff covers more than 40 disciplines with over 300 individuals, including biologists, chemists, toxicologists, cultural resource specialists, geologists, hydrologists and water quality specialists, air quality scientists, socioeconomists, land use planners, transportation engineers, civil engineers, environmental engineers, hazardous waste speci a1 i sts, and pub1 ic health speci a1 i sts. Approximately 25 percent of Tetra Tech's professional staff hold doctorate degrees. A comparable proportion hold masters degrees. The scientific and engineering staff are augmented by field technicians, and an administrative and clerical staff provide technical, editorial, graphic, and accounting support. From its extensive professional labor pool, Tetra Tech can assemble project teams suited to meet the requirements of a broad range of environmental and engineering projects. In addition, the large size of the staff allows Tetra Tech to staff multiple projects simultaneously with the required number of technically qualified professional s. Tetra Tech recognizes that work on the City's team to evaluate environmental issues does not have the same project management needs as a typical EIR/EIS study. As a result, Tetra Tech proposes a more open and expandable project team than the standard EIR/EIS project organization. Tetra Tech proposes an overall Project Coordinator supported by Issues/Resource Managers and specialty staff (e.g., oceanographers, biologists, etc.). In addition, all reports, documents, and results will be reviewed by a highly experienced QA/QC officer. The Project Coordinator will be the focal point and single source of communication with the City and be responsible overall to meet the project objectives. He will assign specific data collection and review tasks to each corresponding Resource Manager, who in turn will call upon Tetra Tech's large labor pool if necessary and select the most appropriate specialty professional for the task. Resource Managers selected for this project are based on their extensive experience on that specific 0 0 issue. TETRA TECH,INC. -I 0 0 1 Mr. Dennis Turner April 18, 1990 Page 4 The Project Coordinator selected for this program is Dr. Salar Niku. Dr. Niku has over 20 years of experience which includes managing and administering over 50 major and mu1 ti-discipl inary projects. He has administered professional and technical staff, supervised subcontractors and provided cl ient 1 i ai son for 1 arge mu1 timil 1 ion dollar projects. He is currently Tetra Tech’s Chief Engineer, managing the Department of Engineering Services in Pasadena, California. Presently, we see the need for the following five Resource Managers for each of the following items: Air Quality - Mr. William Moreland Biology - Dr. Ted Turk Hydrology and Coastal Engineering - Mr. Javier Weckmann Water Quality - Dr. William Mullenhoff Sedimentation - Dr. William Brownlie Additional Resource Managers may be required and will be assigned to the team as the need arises. Items such as traffic/transportation, land-use planning, public health, or socioeconomics may become significant issues in the review phases of the project. Detailed resumes of the Project Coordinator and the Issues/Resource Managers and selected specialty staff are attached to this letter proposal. APPROACH TO WORK Task 1: Locate, review and evaluate existing environmental and technical documents, studies and data pertaining to the Agua Hedionda Lagoon and Encinas Power P1 ant. In general, this task will be handled, scheduled, and organized by the Project Coordinator. Each Resource Manager will be responsi bl e to 1 ocate, coll ect, review, analyze, and identify relevant environmental and technical data and documents (Subtasks 1.1 to 1.5). The Project Coordinator will then prepare the annotated bibliography and final report for submission to the City (Subtasks 1.6 and 1.7). The Project Coordinator will also be the prime Tetra Tech representative for presentations and hearings, but will be supported by the Resource Managers on a as- needed basis. There are numerous information sources for environmental and technical data concerning the Agua Hedionda Lagoon and Encina Power Plant or nearby area. These include the following: The QA/QC Officer assigned to this project is Dr. William Brownlie. 0 Local City and County agencies Local universities (UCSD, Scripps, etc.) 0 Local Air Pollution Control District and Water Resources Board State Environmental C1 earinghouse 0 Data collected by SDG&E & CEC Local environmental groups State Water Resources Board B: TETRATECH,INC. * .I 0 0 - Mr. Dennis Turner April 18, 1990 Page 5 The Project Coordinator will provide the City with weekly status reports on data coll ected and review results. Task 2: Assist City of Carlsbad to review and comment upon potential environmental impacts and other information to be produced as part of the CEC NO1 process. As documents and information are received by Tetra Tech, the Project Coordinator will distribute it to the appropriate Resource Manager, along with specific instructions (e.g., schedule, due date, report format, etc.). The Project Coordinator and Resources Managers will be available for expert testimony at CEC hearings on an as-needed basis. Task 3: Confer with City staff and other consultants, including special legal counsel in the development of tactics and strategies. The Project Coordinator and Resource Managers will be available on an as-needed basis for conference purposes. Meetings can be held at the City’s office, or at Tetra Tech’s San Diego office. In addition, the Project Coordinator and Resource Managers will be available for telephone conferences as required. COST ESTIMATE Tetra Tech proposes to perform the tasks described in this proposal and in your letter dated March 28, 1990 for a not to exceed amount of $75,000 on a time and materials basis using the attached rate schedule. It is Tetra Tech’s opinion that this amount will provide the required level of effort over the remaining eight months of the NO1 process that would be sufficient to; review, evaluate and analyze collected data; attend all public hearings and City meetings; and prepare the final Task 1 reports. If additional assistance is required during the NOI, or in the succeeding AFC phase, then the not-to-exceed amount may be modified. PROPOSED MODIFICATIONS TO CITY OF CARLSBAD STANDARD CONTRACT Tetra Tech suggests several modifications to the City’s standard contract included in the March 28, 1990 letter. These modifications are described in an attachment to this letter. In summary, Tetra Tech’s unique blend of experience in environmental and marine related projects, combined with its in-depth labor pool, can supply the City with the resources it requires for this project. TETRA TECH.INC. -. e I) Mr. Dennis Turner 0 April 18, 1990 Page 6 Enclosed please find six copies of this proposal. If you have any questions regarding this letter proposal, please do not hesitate to contact me or Dr. Niku at (818) 449-6400. I look forward to your favorable review of our submittal and to working with you on this important project. Sincerely, Senior Vice President RF: jl Attachments D B TETRA TECH.INC. ”. 0 0 . AGREEMENT , 19&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as CITY, and Tetra Tech, Incorporated hereinafter referred to as CONSULTANT. % THIS AGREEMENT is made thisdx%ay of RECITALS WHEREAS, the CITY, requires environmental documentation and analysis assistance for the proposed SDG&E Encina Power Plant expansion and California Energy Commission Notice of Intention, and WHEREAS, the CONSULTANT has the qualifications to prepare the needed environmental documentation and analysis, and WHEREAS, it is understood that the CONSULTANT shall be an independent contractor of the CIlY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT (a) The CONSULTANT shall undertake and complete Tasks 1, 2, and 3 pursuant to the Scope of Work contained in the CITY’S Expanded Request for Professional Consulting Services, dated March 28, 1990, a copy of which is attached to and made a part hereof, and the Approach to Work contained in CONSULTANT’S letter to the CITY, dated April 18, 1990, a copy of which is attached to and made a part hereof, which tasks consist of the following: 1 - 0 1 ) Locate, review, and evaluate existing environmental and technical documents, studies and data pertaining to the Agua Hedionda Lagoon and Encina Power Plant with regard to subjects listed in the Expanded Request for Professional Consulting Services; Assist the CITY to review and comment upon potential environmental impacts and other information to be produced as part of the California Energy Commission Notice of Intention process; and Confer with CITY staff and other consultants, including special legal counsel, in the development of tactics and strategy. 2) 3) (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as provided for in this agreement. The CITY shall make available to the CONSULTANT all currently held background information and technical documents. The CITY shall coordinate all meetings, including City hearings and associated noticing requirements. The CITY shall respond to all of CONSULTANT'S telephone calls within 24 hours. (b) (c) (d) 2 e 0 (3) TERMINATION OF AGREEMENT The CITY may terminate this agreement at any time by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become the City’s property. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the date of notice of termination. RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the CONSULTANT under this agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. (4) (5) 3 L* 0 0 I (6) PAYMENT Payment for performance of the tasks described herein shall be made on a time and materials basis, using the CONSULTANT’S rate schedule revised and dated April 1 , 1990, a copy of which is attached to and made a part hereof. Invoices shall be submitted monthly by CONSULTANT for all work performed during the preceding month. Such invoices shall be payable by the CITY within 30 days after receipt thereof by CITY. In no event is compensation for required services to exceed $75,000.00 (7) TIME OF COMPLETION Within eight days of receipt of an executed copy of this agreement, CONSULTANT shall prepare and deliver to City a milestone schedule for work and products required for Task 1. Such milestone schedule is to show preliminary work and products for Tasks 1.1 through and including 7.5 to be completed no later than July 25, 1991. All tasks required under this agreement are to be completed within 18 months from the execution date of this agreement. (8) LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is in the sum of $75,000.00 which amount is estimated to be sufficient to compensate the CONSULTANT for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONSULTANT that said sum may not be sufficient, he shall immediately 4 c' a a so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $75,000.00 without appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, changes of the terms of this agreement seem merited by the CONSULTANT or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONSULTANT to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the City Manager. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONSULTANT or the CITY shall be ordered by the Planning Director who will inform a principal of the CONSULTANT'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. 5 I' @ . (IO) HOLD HARMLESS The CONSULTANT will indemnify the CITY against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by CONSULTANT agreement, including the defense of any action arising therefrom. CONSULTANT will reimburse the CITY for all costs, expenses and losses incurred by it in consequence of any claims, demands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT of this agreement. (1 1) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in effect or the premises are occupied by CONSULTANT, cause to be maintained in force and effect an insurance policy or policies which will ensure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of CONSULTANT. The liability under such insurance policy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by CITY, and shall be noncancelable except on ten days' written notice to CITY. Such policy shall name CITY as co- 6 a 0 .- *‘ - - insured and a certificate of insurance of such policy shall be filed with the CITY, evidencing CONSULTANT’S compliance with this requirenent. Any subconsultant retained by CONSULTANT to perform any of the services under this agreement shall maintain its own insurance policy or policies in accordance with the provision of this paragraph. (12) INDEPENDENT CONTRACTOR CONSULTANT in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the CITY by reason hereof, and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, workmen’s compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. The CONSULTANT shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sec. 1 101 -1 525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this agreement. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract or any part hereof or any monies due thereunder without the prior written consent of the CITY. 7 a m > (14) SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to be performed under this contract by CONSULTANT, the CONSULTANT shall be fully responsible to the CITY for the acts and omissions of Consultant’s subcontractor and of the persons either directly or indirectly employed by CONSULTANT. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. Every subcontractor shall be approved in writing by the CITY. (I 5) PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection 8 I) e W with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CIlY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this agreement. (1 6) 9 6 e W IN WITNESS WHEREOF, the parties hereto have executed this agreement OR the day and year first above written, AlTEST: APPROVED AS TO FORM: DT: I h 10