TO: Members of the Governing Board of Lake Berryessa Resort Improvement District
FROM: Christopher Silke, District Engineer
REPORT BY: Christopher Silke, District Engineer
SUBJECT: Professional Services Agreement 240306B with GHD, Inc. and Associated Budget Amendment for Program 19007 Wastewater Ponds Groundwater Inflow Mitigation
RECOMMENDATION
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Approve and authorize Agreement No. 240306B with GHD, Inc. for a maximum of $60,188 to conduct geotechnical site investigations and develop a technical report that recommends the basis for designing construction upgrades to Wastewater Ponds 1 - 3 earthen berms, and approve a Budget Amendment. (Fiscal Impact: $60,188, LBRID Fund 5220, Subdivision 5220500, Project 19007, Not Budgeted; Discretionary)
[4/5 vote required]
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BACKGROUND
Heavy rainfall, runoff, and saturated soil conditions in the winter of 2017 caused a series of spills from District infrastructure. The Central Valley Regional Water Quality Control Board (Regional Board) subsequently served the District with a Notice of Violation in April 2017. To address the violations, Regional Board ordered the District to complete a Revised Water Balance Evaluation and submit a Work Plan if a registered California Professional Engineer finds there is insufficient storage and/or disposal capacity. The District authorized Agreement No. 170871B with GHD, Inc. in May 2017 to provide engineering study services. The scope of the investigation centered on Water Balance Update and Calibration Model tasks executed in conformance with the Regional Board guidelines. The basis for conducting a technical review of the wastewater ponds and irrigation facilities was to assess the adequacy for storing and handling a 100-year annual return precipitation winter period. GHD, Inc. was also tasked with inspecting the original inlet piping constructed in the mid-1960s for Ponds 1 through 3. In their June 2017 Revised Water Balance Report, the engineering consultant team concluded the lack of any pond liner barrier or means to intercept groundwater flow upgradient of the ponds was responsible for large seepage inflow volume as soils became saturated in the winter of 2017. Additional drainage improvements alongside Ponds 1 through 3 would reduce surface water runoff during intense storm events.
GHD, Inc. published an Inflow / Infiltration Mitigation and Storage Expansion Work Plan as mandated by Regional Board. First initiatives recommended in the plan were to survey as-built bathymetry of storage
ponds to estimate capacities, perform geotechnical exploration borings to bedrock or boulder refusal, sample soils for classification, and obtain contiguous northern perimeter surface topography adjacent to all ponds.
Amendment No. 1 to Agreement No. 170871B with GHD, Inc. was approved in March 2018 to advance the project into a technical feasibility analysis, furnish a geotechnical opinion on the suitability for constructing a groundwater cutoff wall, and mapping for future base plan design. GHD, Inc. stated in their geotechnical findings sub-report that the wastewater ponds site soils were conducive to an engineered vertical trench and drain pipe collector at the underlying bedrock interface surrounding the northerly perimeter of Ponds 1, 2, 3, 7 & 8. District staff compiled all technical project documentation and maps into a Final Feasibility Report filed with Regional Board in May 2018. Preliminary total project costs (engineering, permitting, administration and construction) to install a vertical trench drain, replace the vintage 10" tar-coated steel pond inlet pipe, re-grade drainage channels at the site and build earthen berm heights at Ponds 1 - 3 were estimated to be $1,250,000. A Clean Water State Revolving Fund project application in the amount of $2,370,274 was filed with the State Water Resources Control Board, Division of Financial Assistance (DFA) in September 2018 seeking principal forgiveness to cover preliminary engineering, engineering design, permitting, administrative, and construction costs. State officials with Small Community Wastewater Grant Program oversight stated that the District would be potentially eligible for principal forgiveness if it maintains designation as a Disadvantaged Community (DAC). Rural Community Assistance Corporation (RCAC) was hired by the District to update its Median Household Income (MHI) because the DAC status had expired on December 31, 2017. RCAC household income survey methodology conforms with SWRCB standards. Certified results of the District's survey found the MHI to be $43,200 which is significantly below 80% of the statewide income average for DAC classification.
Amendment No. 2 to Agreement No. 170871B with GHD, Inc. was approved in September, 2018, and expanded the scope of services to include additional design and bid-phase consulting services increasing the contract amount by $106,247 for a new maximum of $184,858.
Amendment No. 3 to Agreement No. 170871B with GHD, Inc. was approved in March 2019 to expand the scope of services for Stormwater Inflow / Infiltration Monitoring as ordered by the Central Valley Regional Water Quality Board. Engineering fees for the contract supplement added $46,488 to the budget for an adjusted total of $231,346.
Amendment No. 4 to Agreement No. 170871B with GHD, Inc. was approved in January 2020 expanding the scope of services to include a Preliminary Engineering Report in accordance with DFA Guidelines thereby increasing the consulting fees by $8,196 to a new maximum amount of $239,542.
Preliminary design plans and technical specifications for the project have been submitted to SWRCB and Central Valley RWQCB for review and comment. Widening and raising the earthen berm height of Ponds 1 -3 is a capital improvement priority for the District. Agreement No. 170871B and its Amendments 1 - 4 and the most recent GHD, Inc. Prime Consultant Agreement for the cultural resource professional services have expired. District staff recommend approval of a new Agreement to complete the geotechnical design elements that will lead to preparation of final plans and specifications upon receipt and acceptance of the State Water Resources Control Board Funding Agreement.
Requested Actions:
1. Approval and Authorization for the Chair to sign Agreement 240306B with GHD, Inc; and
2. Approval of Budget Amendment for the following:
a. Increase revenue of $60,188 to Intrafund Transfers In in LBRID Capital Improvement Project 19007 Division 52205; and
b. Increase appropriations of $60,188 to Consulting Services in LBRID Capital Improvement Project 19007 Division 52205; and
c. Increase appropriations of $60,188 to Intrafund Transfers Out in LBRID Operations Division 52200 using available fund balance. Balance of LBRID Operations Available fund balance will be approximately $487,124
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The District applied for a principal forgiveness loan (grant) through the Clean Water State Revolving Fund administered by State Water Resources Control Board (SWRCB), Division of Financial Assistance in September 2018 for the Groundwater Inflow Mitigation project. A Funding Agreement is anticipated in the first half of 2024. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
There is no future fiscal impact beyond the current fiscal year. However, should the grant be approved, Consultant fees initially paid for by LBRID fund balance will likely be eligible for reimbursement. |
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Consequences if not approved: |
Central Valley Regional Water Quality Control Board may initiate enforcement action against the District for non-compliance with ordered construction upgrades at the wastewater pond site. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is statutorily exempt from CEQA pursuant to CEQA Guidelines section 15262 as a feasibility or planning study for possible future construction or repairs, and categorically exempt from CEQA pursuant to CEQA Guidelines section 15301 as the repair, maintenance, or minor alteration of existing public facilities involving negligible or no expansion of existing or former use.