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 *
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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 $75,000.00 from salary savings
within the Planning Department to pay for services to be provided by Tetra Tech under
this agreement.
ITEM EXPLANATION
On December 12, 1989, SDG&E informed the City Council that it intended to file a
Notice of Intention (NOI) with the California Energy Commission to consider SDG&Es
Encina Power Plant as one of five alternative sites on which to construct a 460 MW
combined-cycle electric power plant. At that meeting the Council expressed concerns
over the environmental, economic, social and other impacts associated with the
proposed expansion and expressed its desire for further information.
On January 23, 1990 the City Council: a) approved emergency ordinance NS-108
placing a moratorium on the processing of City permits required for expansion of the
existing Encina Power Plant; and b) adopted resolutions 90-14 and 90-15 authorizing
the City to seek proposals for legal and environmental consultants to assist the City in
the proceedings before the Energy Commission.
On May 9, 1990 the City Council authorized a contract with the firm of Jackson, Tufts,
Cole, and Black, to provide special legal counsel in this matter.
In keeping with Council’s further direction, staff has identified a scope of work to
provide the City with needed environmental consulting services. These services - to be
provided during a period of up to 18 months - would include:
1. Conduct a literature search of original source documents dealing with a
range of environmental issues concerning the Agua Hedionda Lagoon,
offshore area, and the Encina Power Plant site, and identify issues warranting
further discussion and study by the Energy Commission prior to making a
finding of suitability for this site;
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PAGE 2 OF AGENDA BILL NO. /?/($a7
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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.
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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:
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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.
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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)
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EXPANDED REQUEST FOR PROFESSIONAL CONSULTING SERVICES
March 28, 1990
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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
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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.
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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:
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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
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1.6 Products the consultant shall prepare and deliver to the city:
a.
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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.
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- 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.
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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.
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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.
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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.).
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- 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).
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A'ITACHMENTS:
Standard draft City consultant contract
Aerial photo of area
Expansion site plan (from NOI)
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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
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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.
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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
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TETRA TECH,INC.
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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.
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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.
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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.
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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
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Attachments
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TETRA TECH.INC.
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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:
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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)
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(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)
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(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
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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.
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(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-
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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.
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(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
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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)
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IN WITNESS WHEREOF, the parties hereto have executed this agreement
OR the day and year first above written,
AlTEST:
APPROVED AS TO FORM:
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