HomeMy WebLinkAbout6. Special Provisions - 1000164A
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Tank Farm and Orcutt Roundabout Off-Site Mitigation Planting
Specification No. 1000164-A
December 2022
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Tank Farm and Orcutt Roundabout Off-Site Mitigation Planting
Specification No. 1000164-A
December 5th, 2022
TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION ........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD .................................................................................................................................................... IV
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR TANK FARM AND ORCUTT ROUNDABOUT OFF-SITE MITIGATION PLANTING,
SPECIFICATION NO. 1000164 ................................................................................................................ A
LIST OF SUBCONTRACTORS ................................................................................................................. B
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. C
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... C
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. C
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... C
NON-COLLUSION DECLARATION .......................................................................................................... E
BIDDER ACKNOWLEDGEMENTS ........................................................................................................... F
QUALIFICATIONS .................................................................................................................................... G
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. H
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
4 SCOPE OF WORK ............................................................................................................................. 1
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................... 2
20 LANDSCAPE .................................................................................................................................... 2
DIVISION XIII APPENDICES .................................................................................................................... 4
APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until
11:00 a.m. on January 10, 2022
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
Tank Farm and Orcutt Roundabout Off-Site Mitigation Planting, Specification No.
1000164-A
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
Standard Specifications and Engineering Standards referenced in the Special Provisions
may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
A printed copy may be obtained by paying a non-refundable fee of:
1. $30.00 if picked up in person, or
2. $40.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website listed above or at the office of the City
Engineer.
Contact the project manager, Jennifer Rice at 805-781-7058 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
Permitting of the Orcutt/Tank Farm Roundabout Project requires off -site
streambed/waters enhancement to compensate for permanent impacts to jurisdictional
aquatic features. The identified 0.02 acre off -site mitigation site is an approximately 59-
foot stretch of the stream corridor, located approximately 800 feet downstream of the
confluence of Barrandca Creek and Hansen Creek.
The project estimated construction cost is $65,000
Contract time is established as 10 working days, and the Plant Establishment Period is
five years following the completion of working days.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A or C27 Contractor's License at the time of the bid
opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
All of the referenced projects must be for restoration or landscape projects in
establishment of native plants.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non -responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non -responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
1. knowledge
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid
forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR TANK FARM AND ORCUTT ROUNDABOUT OFF-SITE
MITIGATION PLANTING, SPECIFICATION NO. 1000164-A
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 20 Site Preparation LS 1
2 20 Plantings and Seedings LS 1
3 20 5 Year Plant Establishment
Period (Year 1) MONTHLY 12
4 20 5 Year Plant Establishment
Period (Year 2-5) QUARTER 12
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
BID FORMS
BID FORMS
B
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more t han
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
BID FORMS
C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state fo r any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment , order, or determination that is
BID FORMS
BID FORMS
D
under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
BID FORMS
BID FORMS
E
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
BID FORMS
BID FORMS
F
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
BID FORMS
G
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include restoration
or planting of native plants? Yes □
No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include restoration
or planting of native plants? Yes □
No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include restoration
or planting of native plants? Yes □
No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
BID FORMS
BID FORMS
H
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
SPECIAL PROVISIONS
1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications .
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. Tank Farm and Orcutt Roundabout Off-Site Mitigation Planting Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2020 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Section 3, 20, and 73 for general, material, construction,
and payment specifics.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan:
Work hours are restricted to 7 a.m. to 4 p.m.
Project site can be accessed off of Twin Creeks Road and is adjacent to a shared use
path. Provide traffic control plan and traffic control application at or before the
preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control
application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records
(Labor Code 1776) with:
Furnish the Engineer one Portable Document Format (PDF) file which contains all certified
payroll records for the prior month’s work. Redact the PDF file making the employee’s social
security number illegible. Failure to submit PDF file with other monthly payroll records is
considered an incomplete payroll submission and penalties will be assessed.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
20 LANDSCAPE
Add to Section 20-1.03C(3) CONSTRUCTION, Roadside Clearing – Weed Control:
Prior to plant installation, the site will require weed control activities to reduce competition
and aid in the establishment of the mitigation plantings. Weeding activities will include
hand removal of non-native species.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3
Add to Section 20-3.01A(3)(b) GENERAL, General - Submittals - Vendor
Statements:
The contractor shall prepare and submit a planting plan to be reviewed prior to installation.
Some plants required may not be readily available and must be grown specifically for this
project. Submit a statement within 30 days after Contract approval from the vendor that
the order to grow the plants, including inspection plants and replacement plants, has been
received and accepted by the vendor. The statement from the vendor must include the
plant names, sizes, and quantities and the anticipated delivery date. Notify the Engineer
when the vendor has started growing the plants.
Replace the 1st paragraph of Section 20-3.01A(3)(c) GENERAL, General -
Submittals – Certificates of Compliance with:
Submit a certificate of compliance for soil amendment.
Replace the 1st and 2nd paragraphs of Section 20-3.01B(10) GENERAL, Materials –
Wood Plant Stakes with:
Each plant stake for trees must be nominal 2 by 2 inches or nominal 2 inches in diameter
and long enough to keep the tree in an upright position.
Replace the 1st paragraph of Section 20-3.01B(11 ) GENERAL, Materials – Plant Ties
with:
Each plant tie for trees must be a (1) minimum 3/4-inch-wide, UV-resistant, flexible vinyl
tie complying with ASTM D412 for tensile and elongation strength, or (2) lock -stitch,
woven polypropylene with a minimum 900 lb tensile strength.
Add to Section 20-3.01C(5) GENERAL, Construction - Maintain Plants:
The contractor shall prepare and submit a maintenance plan to be reviewed by the
Engineer.
The contractor shall supply the water necessary for plant establishment. Watering is
required for the first 3 years. Watering can be done with hand watering, or water truck and
hose, or similar method, and will be performed as follows:
1. October 1st through May 31st, water the area after each period of two weeks with
no rain event.
2. During June 1st through September 30th, water the area deeply once per month to
ensure that water is reaching depths of greater than one foot. Overhead watering
should be avoided during this time, as it may burn or damage the plants during hot
weather.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4
Maintenance during the “5 Year Plant Establishment Period” shall include, but is not limited
to: maintenance of adequate mulch, removal of weeds, rodent control, and replacement
of dead and dying plants, as needed. Contractor must provide the appropriate frequency
of maintenance for successful plant establishment.
Payment will be made monthly for the first year and quarterly thereafter for the first five
years.
Final Payment will not be released unless plants have been satisfactorily maintained for
at least 5-years after planting.
Add to Section 20-3.02C(3)(b) PLANTING WORK, Construction – Planting Plants -
Trees, Shrubs, and Vines:
Gopher wire baskets shall be used for trees and shrubs. Baskets must be Digger’s Root
Guard or approved equal.
Replace the 3rd paragraph of Section 20-3.02C(3)(d)(vii) PLANTING WORK,
Construction – Planting Plants – Cuttings, Liners, Plugs, and Seeding Plants -
Seedling Plants with:
Plant seedling plans between October 20th and March 20th.
Seed shall be hand broadcast and raked in to ensure contact with the soil surface.
Add Section 20-3.03 PLANTING PAYMENT:
As shown on the bid item list, the lump sum price paid for the planting includes all of the
work involved in furnishing and installing the plants as specified in the Standard
Specifications, and these special provisions including but not limited to the fol lowing
items:
1. Clearing and Grubbing
2. Prepare Hole
3. Planting
4. Prepare Water Pollution Control Program
DIVISION XIII APPENDICES
Appendix A: Form of Agreement
Appendix B: Orcutt Tank Farm Roundabout Mitigation Monitoring Plan
APPENDIX
APPENDIX
0
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
APPENDIX
APPENDIX
1
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
APPENDIX
APPENDIX
2
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
Orcutt Tank Farm Roundabout Project
Mitigation and Monitoring Plan
prepared by
City of San Luis Obispo
Public Works Department, Transportation Planning/Engineering
911 Palm Street
San Luis Obispo, California 93401
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
January 2021
APPENDIX B
Table of Contents
Mitigation and Monitoring Plan i
Table of Contents
Executive Summary ................................................................................................................................ 1
1 Introduction .................................................................................................................................... 2
1.1 Project Location .................................................................................................................. 2
1.2 Project Description .............................................................................................................. 2
2 Existing Site Conditions – Project Site ............................................................................................ 8
2.1 Methodology ....................................................................................................................... 8
2.2 Vegetation Communities .................................................................................................... 8
2.3 Soils ...................................................................................................................................11
2.4 Hydrology ..........................................................................................................................11
2.5 Jurisdictional Areas ...........................................................................................................12
3 Proposed Mitigation .....................................................................................................................13
3.1 Identified Mitigation Objectives .......................................................................................13
3.2 Site Selection .....................................................................................................................13
3.3 Environmental Setting – Mitigation Site ...........................................................................13
3.4 Determination of Credit ....................................................................................................15
3.5 Site Protection Instrument................................................................................................15
4 Mitigation Work Plan ....................................................................................................................16
4.1 Site Preparation ................................................................................................................16
4.2 Plantings ............................................................................................................................16
4.3 Irrigation ............................................................................................................................17
4.4 Schedule ............................................................................................................................18
5 Management Activities .................................................................................................................19
5.1 Maintenance Plan .............................................................................................................19
5.2 Monitoring Requirements .................................................................................................19
5.3 Performance Standards ....................................................................................................20
6 Long-Term Management Plan ......................................................................................................21
7 Adaptive Management Strategy ...................................................................................................22
8 Financial Assurances .....................................................................................................................23
9 References ....................................................................................................................................24
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
ii
Tables
Table 1 Impacts to USACE, RWQCB, and CDFW Jurisdictional Areas ............................................12
Table 2 Recommended Riparian Mitigation Seed Mix ..................................................................17
Table 3 Recommended Riparian Mitigation Container Stock .......................................................17
Figures
Figure 1 Regional Location Map ....................................................................................................... 3
Figure 2 Mitigation and Project Locations ........................................................................................ 4
Figure 3 Project Location and Impacts .............................................................................................. 5
Figure 4 Vegetation Communities .................................................................................................... 9
Figure 5 Mitigation Area .................................................................................................................14
APPENDIX B
Executive Summary
Mitigation and Monitoring Plan 1
Executive Summary
Rincon Consultants, Inc. (Rincon) has prepared this Mitigation and Monitoring Plan (MMP) to
provide specific details for the compensation of unavoidable impacts to Waters of the United States
(U.S.) and Waters of the State of California for the proposed Orcutt Road Improvement Project
(project). The proposed project is located at the intersection of Orcutt Road and Tank Farm Road in
the City of San Luis Obispo, California.
The proposed project will consist of roadway improvements to the intersection of Orcutt Road and
Tank Farm Road, including: a roundabout, sidewalks, landscaping, a culvert extension, a culvert
replacement, and a bioretention drainage basin. The proposed project will include: a culvert
extension by approximately 20 feet to the west under Orcutt Road including 13 feet of new rock
slope protection (RSP); a culvert replacement consisting of a 60-inch corrugated metal pipe under
the residential driveway off of Orcutt Road; and a culvert modification at Tank Farm Road that will
include a bioretention outfall structure connection to the existing culvert. The proposed project
would permanently fill Waters of the U.S. under U.S. Army Corps of Engineers (USACE) and Regional
Water Quality Control Board (RWQCB) jurisdictions including approximately 0.002 acre of non-
wetland waters. In addition, the project would permanently impact a total of approximately 0.01
acre of streambed and Waters of the State that fall under the jurisdictions of the California
Department of Fish and Wildlife (CDFW) and RWQCB, respectively.
Compensatory mitigation for this project will include 0.02 acre of streambed/waters enhancement
at an offsite location. The proposed mitigation site is located approximately 0.5 mile west of the
site, over 800 feet downstream of the confluence of Barrandca Creek and Hansen Creek on the
Righetti Ranch. The overall objective is to successfully enhance existing jurisdictional areas and
create a mitigation site that provides a gain in overall functions and values and ecosystem services
compared to the existing condition of Waters of the U.S./streambeds/Waters of the State that will
be impacted by the project.
Jurisdictional Resource Jurisdictional Impacts Proposed Mitigation
USACE/RWQCB Non-Wetland Waters of the U.S. 0.002 acre/32 linear feet 0.004 acre non-wetland waters
enhancement
CDFW/RWQCB Streambed/Waters of the State 0.01 acre/32 linear feet 0.02 acre streambed/waters
enhancement
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
2
1 Introduction
Rincon Consultants, Inc. (Rincon) has prepared this Mitigation and Monitoring Plan (MMP) to
provide specific details for the compensation of unavoidable impacts to Water of the United States
(U.S.) and Waters of the State of California for the proposed Orcutt Tank Farm Roundabout Project
(project). This plan addresses all requirements of the Final Compensatory Mitigation Rule that was
issued on April 10, 2008 by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental
Protection Agency. These twelve components include:
Objectives
Site selection criteria
Site protection instruments
Baseline information
Credit determination methodology
A mitigation work plan
A maintenance plan
Ecological performance standards
Monitoring requirements
A long-term management plan
An adaptive management plan
Financial assurances
1.1 Project Location
The project site is located in the southeast corner of the City of San Luis Obispo (City), San Luis
Obispo County, California (Figure 1). Specifically, the project site is located at the intersection of
Orcutt Road and Tank Farm Road. The approximately center of the project is located at latitude
35.250409° and longitude -120.625414° (WGS84). The project site is located within the San Luis
Obispo and Lopez Mountain, California United States Geological Survey (USGS) 7.5-minute
topographic quadrangles. The Public Land Survey System depicts the project site within Township
31S, Range 13E, Section 06 and 07 of the Mount Diablo Meridian (California Department of
Conservation 2020). The project site, including all project components related to the roadway
improvements, will hereafter be described as the Project Area (Figure 2).
Compensatory mitigation for this project will include streambed/waters enhancement at an offsite
location. The proposed mitigation site is located 0.5 mile west of the Project Area, approximately
800 feet downstream of the confluence of Barrandca Creek and Hansen Creek on the Righetti Ranch
(Figure 2). Coordinates for the approximate center of the proposed mitigation area are 32.25215°N
and -120.63602°W (WGS 84 datum).
1.2 Project Description
The proposed project will consist of roadway improvements to the intersection of Orcutt Road and
Tank Farm Road (Figure 3). Improvements will include a roundabout, sidewalks, landscaping, a
culvert extension, and a bioretention drainage basin. The proposed project will include a culvert
extension under Orcutt Road, a culvert replacement under the residential driveway off Orcutt Road,
and a culvert modification at Tank Farm Road.
The existing concrete culvert under Orcutt Road will be extended by approximately 20 feet to the
west. The existing headwall, wing walls and footings will be removed and replaced with a concrete
box culvert extension and new headwalls and wing walls. The existing rock slope protection (RSP)
APPENDIX B
Introduction
Mitigation and Monitoring Plan 3
Figure 1 Regional Location Map
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
4
Figure 2 Mitigation and Project Locations
APPENDIX B
Introduction
Mitigation and Monitoring Plan 5
Figure 3 Project Location and Impacts
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
6
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APPENDIX B
Introduction
Mitigation and Monitoring Plan
7
will be removed and replaced with the extended concrete culvert and approximately 13 feet of RSP
will be placed beyond the end of new culvert apron for erosion protection.
The existing corrugated culvert pipe under the residential driveway will be removed and replaced
with a 60-inch corrugated culvert pipe. The new 60-inch culvert pipe will be embedded 1-foot and
backfilled 1-foot of native stream gravel for a natural bottom. New concrete retaining walls will be
constructed upstream and downstream of the culvert. No RSP is proposed upstream or downstream
of the culvert.
All work is proposed during the dry season, when surface water will not be present; therefore, no
dewatering or diversion plan is proposed.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
8
2 Existing Site Conditions – Project Site
The project site occurs on Assessor’s Parcel Number 004-706-024, which has been used as grazing
land for cattle from approximately 1939 through the present day. The parcel contains one
residential unit, outbuildings, and structures. Properties in the vicinity of the site include a City park
and residential to the south, rural residential/ranch property to the east, and construction of a new
residential property to the north. The Study Area is defined as the Project Area plus a 25-foot buffer,
encompassing roughly 4.40 acres (Figure 2 and Figure 3).The majority of the Study Area contains
paved roadways. The topography of the Study Area is flat. Elevation on-site occurs at approximately
250 feet above mean sea level.
2.1 Methodology
On September 9, 2020, Rincon biologists Carolynn Daman and Billy Fletcher surveyed the Study Area
on foot for potential wetland and non-wetland jurisdictional features, including streams that might
exhibit an ordinary high water mark (OHWM) and that might constitute other waters of the U.S.
and/or State or CDFW-jurisdictional streambed and/or riparian habitat. Current federal and state
policies, methods and guidelines were used to identify and delineate potential jurisdictional
features and are described in detail in the delineation report (Rincon 2020).
During the field delineation, Rincon took photographs of potential jurisdictional features and the
surrounding areas. General site characteristics were noted, and vegetation present on-site with a
focus on vegetation associated with any jurisdictional features was documented. Vegetation
communities were classified using A Manual of California Vegetation, Second Edition (MCV2; Sawyer
et al. 2009), which establishes systematic classifications and definitions of vegetation communities.
For those vegetated areas that could not be classified per MCV2, industry-standard vegetation
community names were used. Additionally, land cover types were characterized in areas that lacked
vegetation. Data collection was focused at areas where the Study Area intersected a potential
jurisdictional feature and chosen as best representation of the conditions at the site.
2.2 Vegetation Communities
Six vegetation communities and land cover types are mapped within the Study Area: landscaped,
ruderal, developed, wild oats and annual brome grassland, arroyo willow thicket and cottonwood
forest (Figure 4). Paved roadways and sidewalks without vegetation were mapped as developed.
Landscaped areas were found along the park and sidewalk south of Tank Farm Road are mapped as
landscaped. This land cover type includes native trees, such as California sycamore (Platanus
racemosa) and coast live oak (Quercus agrifolia), with lawns and ornamental shrubs.
Ruderal vegetation covers a large proportion of the Study Area, located adjacent to paved
roadways. These areas are frequently mowed and include primarily non-native species such as
mustard (Hirschfeldia incana), English plantain (Plantago lancelota), fennel (Foeniculum vulgare),
and jointed charlock (Raphanus sativus).
APPENDIX B
Existing Site Conditions – Project Site
Mitigation and Monitoring Plan 9
Figure 4 Vegetation Communities
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
10
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APPENDIX B
Existing Site Conditions – Project Site
Mitigation and Monitoring Plan 11
Wild oats and annual brome grasslands are the dominant vegetation community within the Study
Area. This community was observed north of Tank Farm Road and west of Orcutt Road surrounding
the intermittent streams and consists of the following grasses and herbaceous: slender oat (Avena
barbata), foxtail chess (Bromus madritensis), Bermuda grass (Cynodon dactylon), common tarweed
(Centromadia pungens), annual beard grass (Polypogon monspeliensis), and mustard.
The small area of arroyo willow thicket within the Study Area is located south of Orcutt Road and
consists primarily of arroyo willow (Salix lasiolepis) with one California sycamore in the overstory
and wild teasel (Dipsacus fullonum) in the understory. Because this community is directly associated
with a hydrologic feature located outside the Study Area, it is considered riparian habitat.
The small area of cottonwood forest is dominated by Fremont cottonwood (Populus fremontii) with
red willow (Salix laevigata), California bay (Umbellularia californica) and coast live oak overstory.
The understory is comprised of mulefat (Baccharis salicifolia), toyon (Heteromeles arbutifolia), and
annual beard grass. The cottonwood forest habitat is located east of the arroyo willow thicket south
of Orcutt Road and is also considered riparian habitat because of its association with a hydrologic
feature located outside the Study Area.
2.3 Soils
The study area contains three soil map units from two soil series: Cropley clay, 0 to 2 percent slopes,
MLRA 14; and Los Osos-Diablo complex, 5 to 9 percent slopes and 9 to 15 percent slopes (U.S.
Department of Agriculture, Natural Resources Conservation Service [USDA, NRCS] 2020a). Cropley
clay soils are moderately well drained, clay soils originating from sedimentary rock and this soil unit
within the Study Area is considered to be a hydric soil (USDA, NRCS 2020b). This soil type is found
around the intersection of Tank Farm and Orcutt Roads. Los Osos and Diablo soils are moderately
deep and well drained, loamy clay soils originating from residuum weathered from sandstone and
shale. This soil series is found in the northern branch of the Study Area and at the eastern and
western ends of the study area.
2.4 Hydrology
Two intermittent streams (IS-1 and IS-2, Figure 3), two wetlands, and a roadway drainage were
observed within the Study Area. Additional information regarding these features is presented in the
Jurisdictional Delineation Report (Rincon 2020).
IS-1 enters the Study Area from the east and flows through a large concrete culvert under Orcutt
Road before its confluence with IS-2. IS-2 enters the Study Area parallel to the west side of Orcutt
Road and passes through a 24-inch corrugated metal pipe culvert under a residential driveway
before its confluence with IS-1, which continues to meander before it passes a large box culvert
under Tank Farm Road and continues in a southernly direction. During the time of the survey, no
water was present within these streams. Both of these streams are intermittent systems; therefore,
the channels contain surface flow for extended periods of time after a precipitation event due, in
part, to groundwater discharge. Historical aerial images show evidence of water present in channels
well into the summer, typically outside of the rainy season for the region. Wetlands and the
roadway drainage in the Study Area will not be subject to any impacts from the proposed project.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
12
2.5 Jurisdictional Areas
The project area contains non-wetland and wetland waters of the U.S., which are potentially subject
to USACE and RWQCB jurisdictions. In addition, wetland and non-wetland waters of the State,
streambed, riparian habitat, drainage, and culverted waters potentially subject to CDFW and
RWQCB jurisdictions were also identified within the project area. Table 1 below summarizes the
total permanent impacts to the jurisdictional features onsite. Temporary impacts will occur where
RSP is being placed and vegetation disturbed adjacent to permanent impacts (Figure 3). Temporary
impact areas contain non-native annual grassland and ruderal vegetation (see photographs in
Attachment A). In the temporary impact area where IS-1 crosses under Orcutt Road, vegetation
cover is approximately 80 percent with bare ground cover at approximately 20 percent. In the
temporary impact area where IS-2 crosses under the private driveway, vegetation cover is
approximately 70 percent with bare ground cover at approximately 30 percent. Non-native plants
are dominant (Avena and Bromus spp.) in all temporary impact areas and are heavily grazed by
cattle. Temporary impacts will be returned to pre-project conditions.
Table 1 Impacts to USACE, RWQCB, and CDFW Jurisdictional Areas
Jurisdictional Resource Jurisdictional Impacts Proposed Mitigation
USACE/RWQCB Non-Wetland Waters of the U.S. 0.002 acre/32 linear feet 0.004 acre waters enhancement*
CDFW/RWQCB Streambed/Waters of the State 0.01 acre/32 linear feet 0.02 acre streambed/waters
enhancement
*Impacts to non-wetland waters are also included within the impacts to Water of the State due to the overlap between federal and state
jurisdictional areas. Therefore, the 0.004 acre of non-wetland waters enhancement proposed for Waters of the U.S. mitigation will be
included within the 0.02 acre of mitigation proposed for Streambed/Waters of the State.
APPENDIX B
Proposed Mitigation
Mitigation and Monitoring Plan 13
3 Proposed Mitigation
3.1 Identified Mitigation Objectives
The primary objective of the mitigation is to enhance 0.02 acre of waters/streambed, including
0.004 of non-wetland waters of the U.S., to compensate for unavoidable permanent impacts from
the proposed project. The secondary objective is to return temporarily impacted areas to pre-
project conditions. A detailed discussion of assessment method and ecological performance
standards are located in Section 5.3.
3.2 Site Selection
Due to the limited potential for successful streambed mitigation within the project area, an offsite
mitigation area for permanent impacts was selected. The proposed mitigation area is an
approximately 59-foot stretch of the stream corridor, located 0.5 mile west of the Project Area,
approximately 800 feet downstream of the confluence of Barrandca Creek and Hansen Creek
(Figure 5 below, and Figure 2 above). This mitigation area is located on the Righetti Ranch property,
which is currently under development. This site was selected based on presence of stream banks
suitable for enhancement and in close proximity to impacted areas. Its location within and alongside
a creek that will provide appropriate hydrology for streambed enhancement/riparian creation. The
mitigation area will border the development of the Righetti Ranch property (currently under
construction) on both the east and west sides. Immediately north of the proposed mitigation area is
non-native annual grassland that will be kept as open space. The proposed mitigation area will also
be situated downstream and directly adjacent to a mitigation site for the Orcutt Area Specific Plan
Project, of which Righetti Ranch is a part, as well as another City-coordinated riparian mitigation
effort further upstream. As such, access for site preparation, weeding, and planting/seeding and
source of water for establishment of an irrigation system will be easily facilitated. Furthermore,
mitigation implemented at this site will complement other mitigation efforts and collectively
contribute to an increase in overall functions and values of the subject stream system.
Mitigation for temporary impacts will occur at the location of original disturbance, reversing
temporary impacts.
3.3 Environmental Setting – Mitigation Site
Rincon prepared a Biological Resources Assessment for the property on which the mitigation area is
located (Appendix A).
3.3.1 Vegetation
The mitigation area consists of an approximately 59-foot stretch of channel that contains primarily
non-native annual grassland vegetation. This section of the creek is currently lacking riparian
vegetation, likely due to previous disturbance, including grazing practices. Approximately 950 feet
upstream of the mitigation site, the stream corridor contains riparian habitat dominated by arroyo
willow and western sycamore, indicating that sufficient groundwater is likely present to support
more diverse riparian vegetation with shrub and tree components.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
14
Figure 5 Mitigation Area
APPENDIX B
Proposed Mitigation
Mitigation and Monitoring Plan 15
3.3.2 Soils
The mitigation site contains one soil map units: Los Osos-Diablo complex, 5 to 9 percent slopes
(USDA, NRCS 2020a), which also occurs in the Project Area and was previously described.
3.4 Determination of Credit
The area proposed for mitigation must provide the required compensation for unavoidable
permanent impacts to aquatic resources resulting from the permitted activity. All permanent
impacts to non-wetland waters of the U.S. and Streambed/Waters of the State will be mitigated at a
2:1 ratio. All temporary impacts will be restored to their original conditions. The selected mitigation
site is appropriately sized to accommodate these requirements. All temporary impacts will be
restored to their original conditions.
3.5 Site Protection Instrument
The City is the landowner of the mitigation site and the area will be maintained as public Open
Space as defined in and subject to Sections 12.22 and 12.23 of the City Municipal Code. The lots are
in the City Natural Resources and Ranger programs.
Temporary impact areas on contained on Assessor’s Parcel Number 004-706-024. The City will
maintain the area following return to pre-project conditions.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
16
4 Mitigation Work Plan
4.1 Site Preparation
Minimal site preparation is anticipated to ready the proposed mitigation site for planting. The
proposed mitigation plantings will be limited to the banks of the creek and immediately adjacent
uplands at the top of bank. Plantings will not occur in the streambed to avoid effects to flow
patterns and stormwater drainage. Site preparation may include minor changes in the elevation or
contour profile to provide the area with suitable planting surfaces and orientations. These slight
changes would be conducted with hand tools at the time of plant installation.
Temporary impact areas will be restored to pre-project contours prior to planting. Any additional
site preparation of these areas may include minor changes in the elevation or contour profile to
provide the area with suitable planting surfaces and orientations. These slight changes would be
conducted with hand tools at the time of plant installation.
Non-native annual grassland is currently the dominant vegetation type within the proposed
mitigation area and in temporary impact areas. Prior to plant installation, the site will require weed
control activities to reduce competition with and aid in the establishment of the mitigation
plantings. Weeding activities will include hand removal of invasive or non-native species, as feasible.
4.2 Plantings
The planting palette will focus on riparian species found in the vicinity of the proposed mitigation
area to enhance banks of existing streambeds, which are currently covered with wild oats and
annual brome grassland or ruderal vegetation. The mitigation plantings will be installed along both
banks of the stream and above, throughout the mitigation area to meet the minimum required
mitigation acreage. We recommend a combination of container plantings and application of seed.
Container plantings will include shrub and tree species and seed will consist of native riparian herb
and grass species. Seed would be hand broadcast and raked in to ensure contact with the soil
surface.
Temporary impact areas will be restored to pre-project conditions, or better. These areas are
currently covered with non-native annual grassland and ruderal vegetation and are heavily grazed
by cattle. Following culvert improvements, we recommend seed application only, due to probable
grazing of container plantings would by cattle. Seed would be hand broadcast throughout the
temporary impact areas and raked in to ensure contact with the soil surface.
In addition to including riparian plant species in the vicinity of mitigation area, additional species
were selected based on knowledge of the area and species selected for similar mitigation projects
nearby. California blackberry (Rubus ursinus) and mule fat (Baccharis salicifolia) were selected to
add to the riparian planting palette. The recommended riparian mitigation seed mix is shown below
in Table 2 and the recommended container stock is shown in Table 3. Adjustments to this plant list
may be required during mitigation implementation due to seed and/or plant availability, and
substitutions may be made through consultation with the restoration specialist or qualified
biologist, defined as an individual with at least a Bachelor of Science or Arts degree in a biology- or
environmental science-focused major and 3-5 years of professional experience that includes
ecological restoration.
APPENDIX B
Mitigation Work Plan
Mitigation and Monitoring Plan 17
Table 2 Recommended Riparian Mitigation Seed Mix
Plant Species Recommended Seed (LBS PLS*)
Common yarrow (Achillea millefolium) 0.5 [or container stock]
Mugwort (Artemisia douglasiana) 3.0
Mule fat (Baccharis salicifolia) 0.2 [or container stock]
California barley (Hordeum brachyantherum ssp. californica) 12.0
*LBS PLS: Pounds of Pure Live Seeds per acre
Table 3 Recommended Riparian Mitigation Container Stock
Plant Species
Recommended Seed or Plant
Spacing Recommendation Recommended Container Size
Recommended
Number (Range)
Common yarrow
(Achillea millefolium)
2’ on center [or seed] 1-gallon containers 5-10
Mule fat
(Baccharis salicifolia)
8’ on center [or seed] 1-gallon containers 5-10
California coffeeberry
(Frangula californica)
10’ on center 5-gallon containers 2-3
Toyon
(Heteromeles arbutifolia)
10’ on center 5-gallon containers 2-3
Western sycamore
(Platanus racemosa)
15’ on center 5-gallon containers 2-3
California blackberry
(Rubus ursinus)
3’ on center 1-gallon containers 5-10
Arroyo willow
(Salix lasiolepis)
10’ on center 5-gallon containers 1-3
4.3 Irrigation
Mitigation plantings will require supplemental watering for the first three years to ensure successful
establishment. Supplemental watering can be done with temporary irrigation or other methods
such as hand watering or water truck and hose. The recommended irrigation regime is as follows:
Between the months of October and May, the mitigation areas should be watered after each
period of two weeks with no rain event. Each watering should provide at least the equivalent of
one inch of rainfall, based on approximate average rainfall in a two-week period from October
to May at a nearby rain recording station (Gas Company #3102, San Luis Obispo County Public
Works).
During June through September, the mitigation areas should be watered deeply once per month
to ensure that water is reaching depths of greater than one foot. Overhead watering should be
avoided during this time, as it may burn or damage the plants during hot weather.
Modifications to this irrigation plan may be required based on the observations during the
monitoring visits.
Irrigation is not recommended for temporary impact areas, as it may encourage growth of weedy
species.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
18
4.4 Schedule
Planting and installation within the mitigation area and temporary impact areas will be conducted in
the late fall to early winter, immediately following construction, to reduce the incidence of temporal
losses and take advantage of winter rains to aid establishment of the installed plantings.
APPENDIX B
Management Activities
Mitigation and Monitoring Plan 19
5 Management Activities
5.1 Maintenance Plan
Maintenance will be completed by a restoration or landscape firm experienced in establishment of
native plants and familiar with the sensitive nature of streams and riparian areas. Maintenance will
be funded by the City. Maintenance will be performed monthly for the first year and quarterly
thereafter for the first five years or until success criteria are met, whichever is longer.
During the maintenance period, maintenance activities in the mitigation area will include hand
watering (if temporary irrigation is not used), maintenance of adequate mulch, removal of weeds,
rodent control, and replacement of dead and dying plants, as needed. The proposed mitigation area
will be in close proximity to a community bike path, and additional protection, such as protective
wire baskets or cages, may also be required to further protect the mitigation plantings from
visitation from humans and both domesticated and wild animals.
Maintenance activities in the temporary impact area will include maintenance of adequate mulch,
and reseeding, as needed. Removal of weeds is not recommended due to dominance of non-native
annual grassland species in and around temporary impact areas. The proposed mitigation area is in
an area where cattle graze and additional protection, such as fencing, may also be required to
further protect the mitigation plantings from visitation from both domesticated and wild animals.
5.2 Monitoring Requirements
In order to demonstrate success of the mitigation, a qualified biologist or restoration specialist shall
monitor the progress of the mitigation plantings. To measure the establishment and success of the
installed container stock, each installed container planting will be assessed for health, vigor,
disease/pests, and survival. To measure successful seed germination and recruitment of riparian
vegetation as well as assess for the presence of invasive species, vegetation will be sampled using a
plot-based methodology. Four randomly chosen one-meter by one-meter plots will be assessed on
each bank (eight in total) within the mitigation area and two plots in equivalent locations adjacent
to and outside the mitigation area. Within each plot, the following data will be recorded:
List of all species observed
Absolute percent cover of vegetation and absolute percent cover of bare ground
Absolute percent cover of highly invasive species1
From these data, overall percent cover and cover of invasive species of the entire mitigation area
can be extrapolated. Additionally, the site will be visually inspected for trash, debris, cleanliness,
and signs of erosion.
Progress will be evaluated for five years or until performance criteria have been achieved,
whichever is sooner. Evaluations will be conducted at least monthly during the first two quarters of
the first year and quarterly thereafter for the first two years. Progress should then be evaluated
once per year for years three through five. The restoration ecologist or qualified biologist will
1 Defined as species listed as “High” by the California Invasive Plant Council
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
20
provide an annual monitoring report to document the overall health and vigor of the mitigation
plantings and identify any maintenance or adaptive management needs. After three years,
maintenance will cease and the mitigation area will be monitored for up to an additional two years
to ensure the habitat and plantings are becoming established and self-sufficient. Ongoing
monitoring will allow identification of any situations that require additional maintenance efforts to
ensure successful native plant establishment. If needed, additional weeding and mulching will be
done once or twice annually in the fourth and/or fifth year(s) to encourage successful
establishment.
5.3 Performance Standards
The mitigation site will have ecological performance standards to assess whether the mitigation
area is achieving its objectives (described in Section 3.1). The overall performance standard is to
successfully establish a mitigation area that provides equivalence or gain in functions, values, and
ecosystem services as compared to the existing waters/streambeds that will be impacted by the
proposed project. The following ecological performance standards may be used to evaluate the
mitigation area.
1. Health, Vigor, and Survival of Plantings. Upon completion of the monitoring plan, riparian
habitat in the mitigation area will be intact, healthy, vigorous, and free of disease and/or pests.
The mitigation area will have at least 70 percent survival of installed container stock and will be
self-maintaining, free standing, and will not require additional assistance including irrigation,
exclusionary cages, fertilizers, and other types of mechanical supports.
2. Percent Cover of Native Species. Upon completion of the monitoring period, the percent cover
of native plants will be at least 75 percent that of comparable adjacent offsite areas as
evaluated using sample plots.
3. Percent Cover of Invasive Species. Upon completion of the monitoring plan, the percent cover
of highly invasive plant species will be not greater than 15 percent cover and no perennial
invasive species shall be present.
4. Site Cleanliness. Upon completion of the monitoring plan, the site will be free of trash and
debris. Additionally, the mitigation area will not show any signs of erosion.
Upon completion of the monitoring plan, temporary impact areas will have a total vegetation cover
within 10 percent of pre-project conditions (or better); for example, the performance standard for
the temporary impact area near IS-1 will be 70 percent vegetation cover since the area is currently
at 80 percent over. Percent cover of non-native vegetation will be no greater than pre-project
conditions.
If the ecological performance standards are not achieved after five years of monitoring and the site
is not on track to achieve the standards without intervention, adaptive management strategies shall
be implemented (Section 7).
APPENDIX B
Long-Term Management Plan
Mitigation and Monitoring Plan 21
6 Long-Term Management Plan
After the ecological performance standards have been achieved, the City will remain responsible for
long-term management unless an alternate agreement has been reached and a new responsible
party has been identified. However, the mitigation site is designed to be self-sustaining once
performance standards have been met. The need for active long-term management and
maintenance is not anticipated to ensure long-term sustainability. The primary reasoning for this
anticipated self-sustainability is the optimal site conditions of the mitigation site for the target
vegetation types. The mitigation site contains the necessary hydrologic and soil conditions for self-
sustaining waters/streambed-riparian habitat.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
22
7 Adaptive Management Strategy
As discussed previously, the City is expecting successful mitigation based on careful site selection as
presented in Section 3.2. The City is responsible for any unforeseen challenges or changes.
Monitoring visits by a qualified biologist or restoration specialist will begin the adaptive
management cycle. The quantitative and qualitative information gathered during these monitoring
visits will be used to evaluate the progress of the mitigation area. This evaluation will determine if
unforeseen challenges are threatening the success of the mitigation area and identify specific
problems. Once the problem is clear, the qualified biologist or restoration specialist can design
measures to address the issue. The measures may include site modifications, replacement plantings,
addition of a temporary irrigation system if it is determined that supplemental irrigation would aide
in plant establishment, and revised monitoring requirements.
If performance standards are not met after the five years of monitoring, additional plantings and/or
maintenance may be necessary. If excessive erosion is noted in the restoration area, cause(s) will be
assessed, and recommendations will be made to stabilize the restoration site. The purpose of
adaptive management is to provide a strategy to address unforeseen changes in site conditions. This
strategy will guide decisions for revising mitigation plans and implementing measures to address
both foreseeable and unforeseen circumstances that adversely affect compensatory mitigation
success. Specific adaptive management strategies will address both foreseen and unforeseen
circumstances relating to success of the program.
If required, the City would be responsible for implementing this work. The financial assurances for
this work are described below in Section 8.
APPENDIX B
Financial Assurances
Mitigation and Monitoring Plan 23
8 Financial Assurances
If success criteria are not met by the end of the monitoring period, then contingency measures will
be required. These measures may include adaptive management techniques to provide for the
success of the mitigation plantings or re-evaluation of success criteria. Contingency measures will be
funded by the City or the party determined to be responsible for long-term management.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
24
9 References
California Department of Conservation. 2020. Public Land Survey System. Available at:
https://data.ca.gov/dataset/public-land-survey-system-plss-sections
California Department of Fish and Wildlife (CDFW). 2020. Natural Communities List Arranged
Alphabetically by Life Form (PDF). Available from
https://www.wildlife.ca.gov/Data/VegCAMP/Natural-Communities#sensitive%20natural
%20communities. (Accessed May 2020).
Rincon Consultants, Inc. 2020. Jurisdictional Delineation for the Orcutt Tank Farm Roundabout
Project, City of San Luis Obispo, San Luis Obispo County, California. November 3.
Sawyer, J. O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation, Second
Edition. California Native Plant Society, Sacramento, California.
United States Department of Agriculture, Natural Resources Conservation Service. 2020a. Web Soil
Survey. Available at: https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
____. 2020b. National Hydric Soils List by State: California. Available at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcseprd1316620.html
APPENDIX B
Attachment A
Representative Site Photographs
APPENDIX B
Representative Site Photographs
Mitigation and Monitoring Plan A-1
Photograph 1. View of temporary and permanent impact areas where IS-1 crosses under Orcutt Road,
facing southeast.
Photograph 2. View of temporary and permanent impact areas where IS-2 crosses under the private
driveway, facing south.
APPENDIX B
City of San Luis Obispo
Orcutt Tank Farm Roundabout Project
A-2
Photograph 3. Proposed mitigation area, facing northeast.
APPENDIX B
Addendum to the Orcutt Tank Farm
Roundabout Mitigation and Monitoring Plan
Mitigation Details for Additional Jurisdictional Impacts
APPENDIX B
Rincon Consultants, Inc.
1530 Monterey Street, Suite
San Luis Obispo , California 93405
805 546 0600 O FFICE A ND FA X
info@rinconconsultants.com
www.rinconconsultants.com
September 17, 2021
Additional jurisdictional impacts associated with the Orcutt Tank Farm Roundabout Project (Project) will
be required to accommodate the widening of Orcutt Road. This addendum provides mitigation details for
additional impacts beyond those described in the Project Mitigation and Monitoring Plan (MMP), dated
January 2021. The MMP was submitted to the California Department of Fish and Wildlife (CDFW) in
January 2021, in support of the Notification of Lake or Streambed Alteration (Notification). The Project did
not receive a Lake or Streambed Alteration Agreement but was allowed to proceed under operation of law
on April 23, 2021. A new Notification to permit the additional jurisdictional impacts will be submitted to
CDFW in September 2021. The MMP was also submitted to the Central Coast Regional Water Quality
Control Board (RWQCB) in January 2021, in support of the application for a Clean Water Act Section 401
Water Quality Certification (Certification) for the Project. The Certification (Certification No. 3402 1WQ02)
was issued for the Project on June 2, 2021. The Certification will be amended in September 2021 to
include the additional impact area. The Project, and these additional impacts, qualify for use of the Clean
Water Act Section 404 non-notifying Nationwide Permit 14 from the U.S. Army Corps of Engineers.
1.0 Additional Project Activities and Jurisdictional Impacts
In addition to the project activities described in the MMP, a portion of the intermittent stream channel (IS-
2) that runs west of Orcutt Road will be graded and realigned, resulting in additional jurisdictional impacts.
These additional impacts will occur approximately 300 feet northwest of the intersection of Orcutt Road
and Tank Farm Road. The approximate center o f the additional impact area is located at latitude
35.251202° and longitude -120.626108° (WGS 84). The additional impacts extend southwest of the culvert
on IS-2 that will be replaced as part of the larger roundabout project (described in the MMP and pictured
in Attachment A-1). The additional project activities consist of grading and realigning a portion of IS-2 to
accommodate the widening of Orcutt Road, and installing a sidewalk along the roadside. The roadway
embankment will also be graded and recontoured, and the area will be hydromulched and hydroseeded.
The portion of IS-2 that will be impacted by the additional project activities is a heavily grazed and
impacted stream channel covered with non-native wild oats and annual brome grassland. Photographs of
the area are included as Attachment A-1.
Approximately 0.003 acre (58 linear feet) of the intermittent stream channel will be permanently
impacted with the placement of concrete for a sidewalk along the southwest side of Orcutt Road.
Approximately 0.047 acre (95 linear feet) of intermittent stream channel will be temporarily impacted
during the grading and recontouring work (Figure A-1). Table A-1 provides a summary of the additional
permanent impacts and proposed mitigation.
APPENDIX B
Table A-1 Permanent Impacts to Jurisdictional Areas
Jurisdictional Resource Permanent Jurisdictional
Impacts
Proposed Mitigation
CDFW/RWQCB Streambed/Waters of the
State
0.003 acre/58 linear feet 0.006 acre streambed/waters
enhancement
2.0 Proposed Mitigation
Temporary impacts to 0.047 acre of Waters of the State and 0.006 acre Waters of the U.S. will be
mitigated for by recontouring and stabilizing the streambed and banks to provide the same or better
ecological conditions as prior to the realignment. To mitigate for the permanent impacts to 0.003 acre of
Waters of the State, 0.006 acre of the realigned channel and associated streambed will be enhanced with
seeding of native, herbaceous plants . The mitigation area will be the same as the temporary impact area
(Figure A-1).
This mitigation for this work will include: 1) hydromulching of stream channel banks; and 2) hydroseeding
with a native seed mix. Table A-2 provides recommendations for the seed mix.
Hydromulch and native hydroseed will be applied to the entire area of disturbance related to the stream
channel realignment. Thus, approximately 0.05 acre of previously disturbed non -native grassland would
be improved, including the 0.006 acre required as mitigation for the permanent impacts.
Table A-2 Recommended Hydroseed Mix
Plant Species Recommended Seed (LBS PLS*)
Common yarrow (Achillea millefolium) 0.5 [or container stock]
Mugwort (Artemisia douglasiana) 3.0
Blue wildrye (Elymus glaucus) 4.5
California barley (Hordeum brachyantherum ssp.
californica)
12.0
Purple needlegrass (Nasella pulchra) 4.2
*LBS PLS= pounds of pure live seed per acre
These mitigation components will not only provide compensatory mitigation for the permanent and
temporary impacts from project activities, but will also stabilize stream banks and increase the species
diversity, habitat value, and ecosystem services of the stream corridor.
3.0 Mitigation Work Plan, Monitoring, and Management
Application of hydromulch and hydroseeding will occur in winter or early spring, to take advantage of the
rainy season and aid in the establishment of native vegetation. Necessary erosion control measures will be
implemented, in accordance with the Project Storm Water Pollution Prevention Plan and Erosion Control
Plan, to ensure that no sediment, mulch, or other potential pollutants enters IS-2 or other nearby
waterways.
The additional mitigation area will be monitored during mitigation monitoring visits conducted for the
Project, as described in the MMP. The following will be assessed during each monitoring visit:
APPENDIX B
germination of native seed, success of seeded native plant species, growth/competition of non-native
plant species, presence of trash or debris, and bank stabilization. The following performance standards
may be used to evaluate the additional mitigation area:
1. Native Species. Upon completion of the monitoring plan, the additional impact area within IS-2 will
have an established population of native grass and herb species.
2. Invasive Species. Upon completion of the monitoring plan, the additional impact area within IS-2 will
not be dominated by invasive species.
3. Site Cleanliness and Erosion. Upon completion of the monitoring plan, the site will be free of trash and
debris. Additionally, the mitigation area will not show any signs of erosion.
Additional watering, debris removal, and/or weeding will be performed as needed to ensure that
performance standards are met and native plant species are successful established within the additional
mitigation area. The monitoring and reporting schedule outlined in the MMP will also apply to the
additional mitigation area.
APPENDIX B
Figure A-1 Additional Jurisdictional Impact Area
APPENDIX B
Figure A-2 Jurisdictional Impact Area for the Orcutt Tank Farm Roundabout Project – Additional Impact Area Included
APPENDIX B
Attachment A-1 Photo Plate of Additional Impact Area
Photo 1. View of IS-2 and existing culvert under private driveway, facing northwes t.
Photo 2. View of IS-2 and grazed non-native grassland downstream of culvert, facing northeast.
APPENDIX B