SR 07-23-2019 3F
City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.F
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To: Mayor and City Council
From: Susan Cline, Director, Public Works, Water Resources
Subject: Award Request for Proposal and enter into a Professional Services
Agreement with Dudek for the Preparation of a Groundwater Sustainability
Plan and Approve First Amendment for the Santa Monica Basin Groundwater
Sustainability Agency Memorandum of Understanding
Recommended Action
Staff recommends that the City Council:
1. Award RFP#161 for the Preparation of a Santa Monica Basin Groundwater
Sustainability Agency (Agency) Groundwater Sustainability Plan (GSP) to Dudek,
a California-based company, for compliance with the California State Sustainable
Groundwater Management Act (Act) for the Water Resources Division;
2. Authorize the City Manager to negotiate and execute an agreement with Dudek,
in an amount not to exceed $1,300,000 (including a $149,000 contingency) for
two years with future year funding contingent on Council budget approval.
3. Approve the First Amendment to the Memorandum of Understanding (MOU)
(Attachment A) for the Agency that confirms Dudek as the consultant and a 50:50
cost-sharing agreement with the City of Los Angeles Department of Water and
Power (LADWP) for the $1,300,000 contract. The City and LADWP will each pay
$650,000 for this project.
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions
section of this report.
Summary
The Water Resources Division is charged with providing a safe, sustainable water
supply to Santa Monica’s 93,000 residents and 2,741 commercial and inst itutional
customers. The City of Santa Monica (City) is on track to achieve water self-sufficiency
by 2023, leading to long-term cost benefits for ratepayers and establishment of a
diverse and drought-resilient local water supply. Currently, the local water supply is
approximately 70% groundwater extracted from the Santa Monica Groundwater Basin
(Basin).
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The City is one of five member agencies of the Santa Monica Basin Groundwater
Sustainability Agency (Agency). The Agency’s formation was mandated by the
Sustainable Groundwater Management Act (Act) of 2014, which was enacted by the
State of California to ensure that groundwater across the state is managed sustainably.
The Agency is responsible for developing a Groundwater Sustainability Plan (GSP). The
GSP will be the first comprehensive groundwater assessment and management plan
specific to the Santa Monica Basin. As the lead entity for the Agency, the City would
hire a consultant to coordinate, prepare and submit a final GSP by the regulatory
deadline of January 31, 2022. Staff recommends Dudek as the best qualified firm to
provide GSP services for the project over a two-year period with options to renew as
needed.
Discussion
The Agency comprises five local government agencies with boundaries that are ful ly or
partially overlying the Basin. The cities of Santa Monica, Beverly Hills, Los Angeles,
Culver City, and the County of Los Angeles entered into a Memorandum of
Understanding (MOU) in 2017 to cooperatively manage the Basin in a responsible and
sustainable manner, which includes the preparation of a GSP. The First Amendment to
this MOU documents the selection of a GSP consultant and the revised cost-sharing
agreement with the member agencies. The Agency members have designated the City
as the coordinating entity since the City is the sole extractor of groundwater in the basin
for drinking water purposes and the City has prepared extensive technical analysis
supporting the recently updated Sustainable Water Master Plan, which documents the
City’s goal to achieve water self-sufficiency by 2023. The City, as the sole drinking
water producer, and the City of Los Angeles, as the largest owner of land within the
basin, will equally share the costs for the GSP consultant contract. As part of GSP
development, the Act requires the Agency to understand the basin context, basin
conditions, hydrogeological conceptual model, and the basin water budget, as well as
provide a description of the sustainable management criteria for the basin, conduct
stakeholder engagement, monitor network planning, and identify project and
management plans.
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The Act requires the Agency to submit a GSP by January 31, 2022. The Agency intends
to prepare one GSP covering the entire Santa Monica Basin. The City will be
responsible for coordinating with the four other member agencies to provide the GSP
consultant with all available groundwater management documents and data.
The GSP scope of work is as follows:
• Regulatory notification
• Project management
• Interested party and stakeholder engagement
• GSP development
• Preparation of a GSP basin groundwater model
• Supplemental studies and analyses
• Preparation of work plan for GSP implementation
• As-needed technical assistance
Past Council Actions
May 8, 2017
(Attachment B)
MOU for the Formation of the Santa Monica Basin
Groundwater Sustainability Agency
Vendor Selection
RFP Data
RFP Posting
Date
RFP Posted
on
RFP Advertised In (City
Charter & Municipal Code)
# of Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
3/5/2018 City’s Online
Bidding Site
Santa Monica Daily Press 105 4 4/23/2019
RFPs Received Selection Criteria
Advisian Municipal Code SMMC 2.24.190
Dudek Evaluation Criteria Past experience, technical competence, ability to
meet project requirements, adequacy of response,
records of past performance, and demonstrated
thoroughness in work approach.
Larry Walker
ICF
Justification to Award
A three-person committee composed of staff from the Water Resources Division of the
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Public Works Department evaluated the proposals based on price, previous
experience, technical competence, ability to complete the work plan on schedule, cost
of services, and past record of performance (references). Based on the evaluations,
staff conducted interviews with the top two firms, Dudek and ICF. The committee
recommends Dudek as the best qualified firm. Dudek has the most direct technical
experience with preparing GSPs, a cohesive team that has worked together in a similar
capacity for several other agencies, and the most comprehensive understanding of the
project and proposed timeline that would ensure the project is completed on time and
the City, along with the Agency, achieves full regulatory compliance with the Act.
Financial Impacts and Budget Actions
Staff seeks approval to enter into a cost-sharing agreement with LADWP per the First
Amendment to the existing MOU to obtain the matching contribution of $650,000. If
approved, staff recommends the following budget changes in the Water Fund.
FY 2019-20 Cost-Sharing Agreement Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
50500001.415910 $650,000 C5006140.689000 $650,000
Total $650,000 Total $650,000
Staff seeks authority to approve funding from the Water Fund to award a Professional
Services Agreement with Dudek to provide GSP services for the Agency.
Agreement Request
Request Amount FY 2019-20 Budget
CIP Account #
Total Contract Amount
$1,050,000 C5006140.689000 $1,300,000
$1,050,000 Total $1,300,000
Future year funding is contingent on Council budget approval.
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Prepared By: Lisette Gold, Environmental Remediation Coordinator
Approved
Forwarded to Council
Attachments:
A. First Amendment - Santa Monica Basin Groundwater Sustainability Agency MOU
B. Santa Monica Basin Groundwater Sustainability Agency MOU - 2017 Signed
Document
C. Dudek Oaks Initiative Disclosure Form
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FOR THE FORMATION OF THE SANTA MONICA BASIN
GROUNDWATER SUSTAINABILITY AGENCY
This First Amendment to Memorandum of Understanding for the formation of the
Santa Monica Basin Groundwater Sustainability Agency (First Amendment), dated
_____________, 2019 for reference, is made and entered by and among the City of
Santa Monica (Santa Monica), a municipal corporation, the City of Los Angele s, by and
through its Department of Water and Power (LADWP), the City of Beverly Hills (Beverly
Hills), the City of Culver City (Culver City), and the County of Los Angeles (County),
each a “Party” and, collectively, the “Parties.”
WHEREAS, the Sustainable Groundwater Management Act (SGMA), as enacted
on September 16, 2014, and codified in California Water Code Section 10720 et seq., is
intended to enhance local and sustainable management of groundwater; and
WHEREAS, SGMA authorizes local public agencies that have water supply,
water management, or land use responsibilities within a groundwater basin to form a
Groundwater Sustainability Agency (GSA) to implement SGMA’s provisions within that
basin; and
WHEREAS, each Party is a local public agency that has water supply, water
management, or land use responsibilities within the Santa Monica Basin
(Basin Number 4-11.01 DWR Bulletin 118) (Santa Monica Basin); and
WHEREAS, the Santa Monica Basin has been designated as a medium priority
basin; and
WHEREAS, the Parties desire to collectively manage the Santa Monica Basin
within their jurisdictional boundaries; and
WHEREAS, the Parties intend to work collaboratively with each other and other
interested parties to develop and implement a single Groundwater Sustainability Plan
(GSP) to manage groundwater sustainably and cost-effectively in the Santa Monica
Basin pursuant to the requirements of SGMA; and
WHEREAS, the Parties have entered into that certain Memorandum of
Understanding for the Formation of the Santa Monica Basin Groundwater Sustainability
Agency (MOU) in accordance with California Water Code section 10723.6; and
WHEREAS, the Parties desire to authorize Santa Monica to develop the GSP in
accordance with the terms and conditions of this First Amendment ; and
NOW, THEREFORE, incorporating the above recitals herein and exhibit
attached, it is mutually understood and agreed by the Parties as follows:
1. AUTHORIZATION TO DEVELOP THE GSP. In addition to any duties
assigned to Santa Monica under the MOU, Santa Monica shall develop the GSP,
including, more specifically, the following tasks:
(i) The execution of a professional services agreement (PSA) with Dudek
(“Consultant”).
(ii) Sole administration of the PSA, including payment to Consultant and
exercise of all contract remedies set forth therein.
(iii) Ensuring timely conformance of the GSP in accordance with SGMA.
(iv) Prior to initiating the development of the GSP, providing required notice
to the Department of Water Resources in accordance with California
Water Code section 10727.8
2. COORDINATION. Each Party hereby agrees to coordinate with Santa
Monica during the development of the GSP, including, more specifically, performing
the following tasks:
(i) Providing timely public notices within each Party’s respective
jurisdiction in accordance with California Water Code section 10727.8
and title 23, section 353.6 of the California Code of Regulations.
(ii) Within thirty (30) days of a written request by Santa Monica, providing
all unprivileged information, data, or documentation within the custody
of each Party’s respective jurisdiction to Santa Monica, to ensure that
the contents of the GSP conforms with SGMA requirements for
contents of the GSP.
(iii) Assuming responsibility for obtaining required approvals for each
Party’s adoption of the GSP.
3. NO WAIVER OF RIGHTS TO ADOPT THE GSP. Nothing herein shall be
construed to waive, modify, or void the requirement in the MOU for unanimous consent
of the Parties to adopt the GSP.
4. PAYMENT OF COSTS FOR GSP. The costs of developing the GSP shall be
allocated as follows:
(i) Santa Monica and LADWP shall share equally (50:50) in the
responsibility for payment to Consultant in accordance with the PSA.
Culver City, Beverly Hills, and the County shall have no obligation to
pay Consultant’s costs. Santa Monica shall make all payme nts to
Consultant in accordance with the PSA, and invoice LADWP on a
semi-annual basis on or about February 1 and August 1 for payments
made to Consultant during the periods (July 1 – December 31) and
(January 1-June 30), respectively. LADWP shall reimburse Santa
Monica for 50% of undisputed costs paid by Santa Monica to
Consultant in accordance with the PSA, within sixty (60) days of
receiving an invoice from Santa Monica. In the event that LADWP
disputes any costs of services provided under the PSA, LADWP shall
provide written notice to Santa Monica explaining the basis for the
dispute, and LADWP and Santa Monica shall meet and confer in good
faith to resolve such dispute within sixty (60) days of the notice issued
by LADWP.
(ii) Except as provided in subparagraph (i), above, each Party shall bear
its own costs for development of the GSP.
5. DESIGNATION OF WATER ADVISORY COMMITTEE. In accordance with
Water Code section 10727.8(a), the Parties hereby authorize Santa Monica to consult
with the Santa Monica Water Advisory Committee for the purposes of developing the
GSP.
6. TERM. This First Amendment shall become effective upon each Party’s
execution and shall terminate concurrently with the MOU.
7. MODIFICATION TO MOU. Except as expressly modified by this First
Amendment, all other terms and conditions of the MOU shall be and remain in full force
and effect.
[signature pages follow]
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
DEPARTMENT OF WATER AND POWER
OF THE CITY OF LOS ANGELES BY
BOARD OF WATER AND POWER COMMISSIONERS
By: _____________________________________
DAVID H. WRIGHT
General Manager
Date: _____________________________________
And: _____________________________________
BARBARA E. MOSCHOS
Secretary
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF SANTA MONICA
ATTEST: a municipal corporation
__________________________ By: ________________________
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
LANE DILG
City Attorney
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF BEVERLY HILLS
By: ________________________
SHANA EPSTEIN
Public Works Director
APPROVED AS TO FORM:
__________________________
JIM MARKMAN
City Attorney
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
CITY OF CULVER CITY
ATTEST:
__________________________ By: ________________________
JEREMY GREEN JOHN M. NACHBAR
City Clerk City Manager
APPROVED AS TO FORM:
__________________________
CAROL SCHWAB
City Attorney
IN WITNESS WHEREOF, each Party hereby has caused this MOU to be executed as
of the date and year written below:
COUNTY OF LOS ANGELES
APPROVED AS TO FORM:
__________________________ By: __________________________
MARY C. WICKHAM AMY J. BODEK, AICP
County Counsel Director of Regional Planning
Dudek
2019 corporate officer information:
Chairman/Chief Executive Officer: Frank J. Dudek
President: Joe Monaco
Secretary/General Counsel: Amy Paul
Treasurer/Chief Financial Officer: Christine Moore
Vice president/Engineering: Robert Ohlund
Vice President/Hydrogeology Peter Quinlan
Vice President/Environmental: Eric Wilson
Assistant Secretary: Emily Hart
Assistant Secretary: D. Michael Metts
Chief Information Officer: Brian Nordmann
REFERENCE:
Agreement No. 10884
(CCS)
&
MOU No. 10885
(CCS)