HomeMy WebLinkAbout01/06/2004, C6 - WATERWAY MANAGEMENT PLAN CONTRACT AMENDMENT SPECIFICATION NO. 90013A. council a nary 6, 2004
j acEnba Report a�N
C I T Y OF SAN L U IS O B I S P O
FROM: Michael D. McCluskey, Dir t roof Public Works �K
Prepared By: Jay D. Walter, City Engineer
SUBJECT: WATERWAY MANAGEMENT PLAN CONTRACT AMENDMENT
SPECIFICATION NO. 90013A.
CAO RECOMMENDATION
1. Approve and execute Amendment 1 to the Agreement with San Luis Obispo County Flood
Control Zone 9 to fund additional engineering services on the Waterway Management Plan for
San Luis Obispo Creek and authorize the Mayor to execute Amendment 1
2. After the County Board of Supervisors approves the use of Zone 9 reserves for this
amendment, transfer an additional $40,000 from Zone 9 Revenue to the project account.
3. Approve and execute Amendment 1 to the Agreement with Questa Engineering for engineering
services on the Waterway Management Plan for San Luis Obispo Creek in the amount of
$40,207.82.
DISCUSSION
Council approved the contract with Questa Engineering at the November 16, 1999 meeting. At this
time the Waterway Management Plan (WMP) for SLO Creek is nearing completion of the various
tasks necessary to complete the project. Council recently certified the Draft EIR for the WMP and
approved the various plan components, such as the Drainage Design Manual, Stream Management
and Maintenance Program, and the Waterway Management Plan. The County Board of Supervisors,
at the urging of the City Council, will consider the EIR and WMP for certification and adoption
within the next several months.
Questa Engineering has requested through the City that their contract be amended to cover increases
for indirect costs and additional services provided that were not included in the original scope of
work. In addition, the request also asks for some relief for direct cost overruns that are attributable
to the length of the contract, which has run far longer than originally anticipated.
The City entered into an agreement with San Luis Obispo County Flo6d Control and Water
Conservation District Zone 9 on January 4, 2000 to hire the contractor for the Waterway
Management Plan using Zone 9 revenues. The County appropriated$550,000 to the City to fund the
contract. Amendment 1 to the County agreement would appropriate an additional $40,000 from
Zone 9 revenues and make it available to the City to execute an amendment with Questa to fund the
additional services, as outlined in Exhibit A to Attachment 2.
CONCURRENCES
The Zone 9 Advisory Committee discussed this matter at their October 8, 2003 meeting (minutes
attached) and approved the amendment in concept. City staff,through Zone 9,has requested that the
Waterway Management Plan Contract Amendment 1
Page 2
County Board of Supervisors approve a transfer of funds from the general reserve of Zone 9 to the
City, so that the amendment can be funded.
FISCAL IMPACT
The cost of Amendment 1 to the Questa contract is $40,207.82. No General Fund revenues are
being requested for this amendment. The County is being asked to allocate additional Zone 9
General Reserve funds for the amendment. The tables below show the details of the additional
services and the status of the project budget.
Table 1 —Additional Services
Questa Engineering
Increased Labor and Overhead $3,000.00
Task 3 Design Procedures $4;500.00
Task 4 Stream Management and Maintenance Plan $3,000.00
Task 8 Habitat Mitigation&Monitoring Plan $3,500.00
Task 9 Meetings and Public Hearings $3,000.00
Subtotal: $17,000.00
Morro Group
Increased Labor and Overhead $6,890.00
Changes in CEQA Guidelines $3,945.32
Revised Findings $6,600.00
Response to Comments $4,800.00.
Meetings and Public Hearings $972.50
Subtotal: $23,207.82
Total: $40,207.82
Table 2 — Amendment with Questa Engineering
Design Contract $545,529.00
Total Expended to date $514,251.10
Budget Remaining $31,277.90
Amendment 1 $40,207.82
Revised Contract Total $585,736.82
Table 3 —Amendment with SLO County
Original Zone 9 Appropriation $550,000.00
Amendment 1 $40,000.00
Revised Total $590,000.00
CU
'i
Waterway Management Plan Contract Amendment 1
Page 3
ATTACHMENTS
1. Zone 9 Amendment 1
2. Questa Amendment 1
3. Original Zone 9 Agreement 1-4-00
4. Original Questa Agreement 11-29-99
5. Zone 9 Meeting Minutes 10-8-03
I:\_Council Agenda Reports\2003 agenda reports\Engineering and Maintenance Services(Walter)\90013 WMP Contract
Amendment.doc
ATTACHMENT 1
AMENDMENT NO. 1 TO AGREEMENT BETWEEN
SAN LUIS OBISPO COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT ZONE9
AND THE CITY OF SAN LUIS OBISPO FOR
WATERWAY MANAGEMENT PLAN FOR SAN LUIS OBISPO CREEK
THIS AMENDMENT NO. 1 is made to the AGREEMENT BETWEEN SAN LUIS
OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE
9 AND THE CITY OF SAN LUIS OBISPO FOR WATERWAY MANAGEMENT PLAN FOR
SAN LUIS OBISPO CREEK of.January 4, 2000, ("AGREEMENT") made by and between
the San Luis Obispo COUNTY Flood Control And Water Conservation District Zone 9
("ZONE 9"), and the City of San Luis Obispo, ("CITY"), at San Luis Obispo, California, on
This Amendment No. 1 hereby amends Paragraph 5 of the AGREEMENT by
increasing the Zone 9 contribution as follows:
1. Paragraph"5.Budget"of the AGREEMENT is hereby amended by increasing the total Zone
9 contribution from $550,000 to $590,000.
IN WITNESS WHEREOF,this AMENDMENT NO. 1 has been executed by the parties
hereto,upon the date first above written.
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO COUNTY FLOOD
CONTROL AND WATER
By CONSERVATION DISTRICT,Zone 9
Mayor,
By
Chairperson of the Board of Supervisors
APPROVEDASTOFORMANDLEGALEFFECI: APPROVED ASTOFORMANDIEGALEFFECT:
City Attorney County Counsel
By By
Dated: �y��/� Dated:
ATTEST: ATTEST:
City Clerk Clerk,Board of Supervisors
V:\Water Resources Program2ONE 9\Questa Amedment.doc
ATTACHMENT 2
AMENDMENT ONE TO AGREEMENT
THIS AMENDMENT ONE TO AGREEMENT is made and entered in the City of San Luis Obispo on this
day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein
after referred to as City,and QUESTA ENGINEERING,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on November 29, 1999 the City entered into an Agreement with Contractor for engineering
services for the San Luis Obispo Creek Waterway Management Plan per Specification No. 90013A;and
WHEREAS, the City desires to amend the scope of services to include additional services not previously
identified and Contractor has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended as set forth in Exhibit A
attached hereto in an amount not to exceed$40,207. 82.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO
By:
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
By.
Ci ey Questa Engineering
Cis-S
EXHIBIT A
Additional Services for Waterway Management Plan
Questa Engineering Amount
Increased Labor and Overhead Costs: Payment to acknowledge increases in $3,000.00
indirect costs such as cost-of-living, wage increases, office overhead such as rent,
travel costs, insurance, disability, and worker's comp over an extended contract
period.
Additional Work for Task 3 Design Procedures:Additional information on urban $4,500.00
hydrology; such as storm drain inlets, curbs and gutters, and detention basins,
preparation of graphics in English and metric units,inclusion of erosion control and
stormwater quality management sections.
Additional Work for Task 4 Stream Management and Maintenance Plan: $3,000.00
Revisions to create simplified maintenance procedures guide.
Additional Work for Task 8 Habitat Mitigation&Monitoring Plan: Additional $3,500.00
information and work for preparation of the Army Corps Permit Application.
Additional Work for Task 9 Meetings and Public Hearings:Additional meetings $3,000.00
and presentations due to increased contract length and change in strategy.
Subtotal: $17,000.00
Morro Group
Increased Labor and Overhead Costs: Payment to acknowledge increases in $6,890.00
indirect costs such as cost-of-living, wage increases, office overhead such as rent,
travel costs, insurance, disability, and worker's comp over an extended contract
period.
Changes in CEQA Guidelines: Changes in review requirements that resulted in $3,945.32
additional document preparation time and copies, as well as additional work to
include sections covering standards for significance,cumulative impacts,and project
definition.
Revised Findings:Changes in the findings section that reflect recent court cases for $6,600.00
programmatic documents.
Response to Comments: Not included in original scope of work, part of $4,800.00
City/County responsibility.
Meetings and Public Hearings: Additional meetings and presentations due to $972.50
increased contract length and change in strategy.
Subtotal: $23,207.82
Total: $40,207.82
Waterway Management Plan Exhibit A—Page 1
r
ATTACHMENT 3
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT ZONE 9
AND THE CITY OF SAN LUIS OBISPO FOR
WATERWAY MANAGEMENT PLAN FOR SAN LUIS OBISPO CREEK
This Agreement entered into the day of JAN 0 4 2000 199_ between
the San Luis Obispo County Flood Control and Water Conservation District, Zone 9
(hereinafter referred to as"Zone 9") and the City of San Luis Obispo (hereinafter referred
to as "City';
WITNESSETH
WHEREAS, Flood Control Zone 9 includes the San Luis Obispo Creek (hereinafter
sometimes referred to as "SLO Creek's watershed; and
WHEREAS, The City of San Luis Obispo is wholly contained within this watershed
and the Zone 9 boundaries; and
WHEREAS, by coordinating activities the City and Zone 9 can more economically
address issues within the watershed; and
WHEREAS, such a cooperative program has been successfully completed in the
past several fiscal years; and
WHEREAS, The City and Zone 9 worked together to define the scope of work and
select a consultant for the Waterway Management Plan for San Luis Obispo Creek, Phase
II Study Area; and
WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within
Zone 9 and makes recommendations to the Board of Supervisors; and
WHEREAS, the 1999/00 budget appropriates $380,000 for long-term creek
drainage plan, $170,000 for creek plan environmental compliance,
NOW,THEREFORE,in consideration of the mutual covenants,conditions,promises
and agreements herein set forth, Zone 9 and the City mutually covenant and agree as
follows:
Cis - r)
ATTACHMENT 3
1. Consultant Selection
The City and Zone 9 have jointly defined the scope of work and selected a consultant to
provide professional engineering design services for the Waterway Management Plan for
San Luis Obispo Creek Phase II Study Area.
2. Scope of Work
The consultant doing the Phase. II study will inventory and analyze the creek system,
identify and prioritize management problems and management needs, develop Design
Standards and Construction Guidelines, develop a Flood Management Plan, identify
maintenance needs,write a Storni-water Quality Plan,write an Environmental Review and
Permitting Plan, develop an Implementation Plan and a Public Involvement Program. The
Phase 11 creek study is intended to develop information necessary to comply with state and
federal permitting requirements
3. Environmental Compliance
The Phase II study includes preparation of an EIR/EIS to ensure environmental compliance
of the plans_developed in item 2, above.
4. Contract Administration
The City shall hire the consultants) and administer the consultant contract(s).
5. Budget
Zone 9 will contribute not more than$380,000 for Phase 11 program and plan development
and not more than $170,000 for environmental compliance work.
6. Term
This agreement will terminate on June 30, 2004, or at the completion of the Waterway
Management Plan for San Luis Obispo Creek study, whichever first occurs.
7. Indemnification and Sole Conduct
Each party hereto shall defend, indemnify and save harmless the other party and other
party's officers, agents and employees from and against all claims,demands, liability cost,
expense, damages, causes of action, including but not limited to inverse condemnation
and judgments arising out of the sole negligence or sole intentional acts of the party or its
officers, agents or employees or independent contractors solely responsible to such party
in performing or attempting to perform pursuant to the provisions of this agreement
including both acts and omissions to act.
ae .g
A!TAC91ME i I
8. Indemnification for Joint Conduct between Zone 9 and the City
The City shall defend, indemnify and save harmless Zone 9, and its officers, agents and
employees from and against any and all claims, demands, liabilities, costs, expenses,
damages, causes of action including but not limited to inverse condemnation and
judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and
their officers, agents, employees or independent contractors directly responsible to them
in performing or attempting to perform pursuant to the provisions of this agreement
including both acts and omissions and to act provided however that County shall be solely
responsible for the amount of judgment rendered solely against Zone 9 or one of its agents
or employees if such judgment is specifically rendered in court finding of responsibility by
Zone 9 or one of its agents or employees for an act of negligence and City shall not be
required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible
for anyjudgment rendered solely against it or its agents or employees which is based upon
acts or omission by it or one of its agents or employees.
9. Cooperation
Zone 9 agrees to cooperate with City in the defense of any such claims or litigations.
MDR3
IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year
first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Zone 9
By
Chairperso of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Cou I
By
)L;�ZAAOy9�
CITY OF SAN LUIS OBISPO
B :
Y - -
Mayor, Allen K. Settle
ATTEST: ATTEST:
Ci Clerk Clerk, Board of Supervisors
t:lhyd_ptanisusan199-00study.city.agr.Ind
APPROVED AS TO FORM:
J
Clty Attomey
• BOARD OF SUPERVISOR' ':NDA FOR JANUARY 4, 2000 _ PAGE 4A.TTf9ClIVtE
B-14 Request by Supervisor Achadjian to allocate$1,000 from District Four Community
Project funds to the San Luis Obispo Symphony to defray the cost of bringing the
"Strings in the School" program to school children in Nipomo. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
B-15 Request by Board Members to authorize the expenditure of$6,875($1,3 75 from each
District)to purchase five benches,to be placed in the Millennium Clock Plaza using
Community Project Funds. (RECOMMEND APPROVAL.)
En gingering Items:
ems:
-16 Request to approve an agreement between the City of San Luis Obispo and San Luis
Obispo County Flood Control and Water Conservation District, Zone 9 to jointly
sponsor a comprehensive waterway management plan for San Luis Obispo Creek;
2nd, 3rd, 4th and 5th Districts. (RECOMMEND APPROVAL AND INSTRUCT
CHAIRPERSON TO SIGN.)
B-17 Submittal of two resolutions accepting the relinquishment of rights of ingress and
egress and acceptance of an offer to dedicate for road widening on Templeton Hills
Road, (County Road No. 5162) in the community of Templeton; 1st. District.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
Personnel Items:
B-18 Submittal oftwo resolutions amending the Memoranda ofUnderstanding for the Law
Enforcement Unit and Supervisory Law Enforcement Unit. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
B-19 Submittal of a resolution establishing salaries and benefits for Management Peace
Officer classes.(RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON
TO SIGN.)
B-20 Submittal of a resolution amending salary and benefits for the Sheriff-Coroner.
(RECOMMEND APPROVAL AID INSTRUCT CHAIRPERSON TO SIGN.)
Planning Items:
B-21 Submittal ofa resolution accepting an avigation easement from Daniel Wrzenski and
Sue Wrzenski,trustees ofthe Daniel Wrzenski and Sue Wrzenski revocable trust,and
Richard Kelly and Janice Kelly, for property located near the Oceano County
Airport. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO
SIGN.)
B-22 Submittal of a resolution accepting an avigation easement from Robert Spencer and
Gay-Yvette Spencer,for property located near the San Luis Obispo County Airport.
(RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
B-23 Submittal of a resolution accepting an avigation easement from Jon Williams and
Kim Williams, for-property located near the Paso Robles Municipal Airport. /t r^ I l
(RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
_ _.._... TACH-MEN-T-4
a
AGREEMENT
THIS AGREEMENT,Specification No.90013A, is made and entered into in the City of San Luis Obispo
on this - 29 day of - November 1999 , by and between the CITY OF SAN
LUIS OBISPO,a municipal corporation,hereinafter referred to as City,and QUESTA ENGINEERING, hereinafter
referred to as Contractor.
WITNESSETH:
WHEREAS, on August 29, 1996, City requested proposals for Engineering Services: Flood Management
Plan per Specification No.9605A,which provided for Phase 1 and Phase 2 services;and
WHEREAS, the Council on December 3, 1996 authori7xd the CAO to enter into an agreement with the
Contractor when staff was ready to proceed with Phase 2 services;and
WHEREAS,the Staff and Consultant have negotiated the attached scope of work,
WHEREAS,a contract for surveying work has already been entered into;and
WHEREAS,the attached scope of work has the approval of involved Federal,State and County agencies.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as
fust written above,until acceptance of said engineering services.
2. INCORPORATION BY REFERENCE. City Specification No. 96-05A is hereby incorporated
in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing engineering services as.specified in this Agreement,
City will pay and Contractor shall receive therefore compensation based on time and expenses on a monthly basis,
with the total contract not to exceed$545,529.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to perform engineering
services as described in Attachment A attached hereto and incorporated into this Agreement.
5. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Director of Public Works of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
1
CteAa
J
ATTACHMENT 4
any force or effect,nor shall any such oral agreement,understanding,or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City Public Works
City of San Luis Obispo
955 Morro Street
San Luis Obispo,CA 93401
Contractor Questa Engineering Corporation
Box 70356
Pt.Richmond,CA
94807
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO,A cipal Corporation
R By:
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
9 �eI
2
1TTACHMENT 5
f -
SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
ZONE 9 ADVISORY COMMITTEE
Meeting Minutes
Wednesday, October 8,2003
1) No introductions. Attendance as follows:
Committee members: Steve Gregory; Jay Walter; John French, David Pereira, Ed Johnson,
Dave Romero. Quorum was present for this meeting.
Staff and Public:. Cynthia Koontz,Neil Havlik, Tim Tomlinson, Wayne Peterson, Janet
Andrews, Frank Honeycutt.
2) Approved August 13 and September 10, 2003 meeting minutes.
3) Public Comments: Cynthia Koontz announced she is leaving employment with the County;
Frank Honeycutt will take over her duties as secretary for the Zone 9 Advisory Committee.
4) Cynthia Koontz reported on the status of rainfall and stream flow gauges in Zone 9. County
staff is still waiting for a storm event so that rating curves can be developed for the stream
gauging stations(Since the gauges were installed no event significant enough.has occurred).
The rainfall intensity station gauges are in working order; there are still problems with the data
base software used to record the data(these are ALERT gauges which transmit data via radio
waves to a base station at the courthouse).
5) Jay Walter gave update to the response to NMFS comments on the Waterway Management
Plan(WMP) EIR. Questa Engineering and the Morro Group are compiling a reply for each
item of concern in the NMFS letter. This reply, along with all the comment letters,will be
included with the EIR package that will go to the City Counsel and the Board of Supervisors
for approval.
6) WMP EIR certification schedule-Jay Walter reported that the EIR is scheduled go before the
City Counsel on October 21; at the same time the Counsel will be asked to adopt the Waterway
Management Plan itself. Tim Tomlinson reported that County staff, lead by Mark Hutchinson;
is repairing to bring the EIR before the Board of Supervisors for certification within the next 2
months; concurrently the Board Will be asked adopt a resolution adding the design guidelines
from the Drainage Design Manual(DDM) as recommendations (not ordinances)to our County,
standards for projects in the SLO creek watershed. County staff will recommend these
guidelines, emphasizing that doing so will assist in streamlining the permitting process.
Tim conveyed that the Board is unfamiliar with the WMP and suggest the City send a letter
recommending the WMP to the Board; additionally Tim suggests a letter from the Avila
Advisory Group may be helpful in persuading the Board to certify the EIR and adopt the
resolutions regarding the DDM.
C:\DOCUME-lWouser\LOCALS-1\Temp\MINOCT-I.DOC prepared by C.Koontz,Public Works Staff Engine
7) Vote on Questa Engineering's request for budget augmentation(originally submitted in July
2003) of$42,207.82 (-7.5% increase over originally contract budget). $17,000 for Questa and
$23,207.82 for Morro Group (envir. coordinator). Jay Walter recapped the issues. The primary
reason for the request is that project more than doubled in duration due to the complexities.
Wayne Peterson expressed that issues come up during the course of the project that were
beyond anyone's reasonable and foreseeable anticipation when the original contract was
signed. Much discussion pursued.. Steve Gregory addressed the $l OK that was set aside for
Questa to attend meetings. After a lengthy discussion and some degree of input from every
member present, Steve proposed the following motion.
Motion: To approve the request by Questa for more funds with the understanding that the
$l OK designated for meeting attendance for Questa be revoked.
Motion carries.
8) Creek maintenance report by Neil Havlik. There are five sites in the City that have been or will
receive concentrated effort this year for maintenance. Neil explained that inspections and
subsequent maintenance work for the entire watershed are covered over a two year period. Neil
reviewed in detail the activities that have occurred or are planned for each site.
9) Motion: To commend and thank Cynthia Koontz for her able efforts for Zone 9.
Motion carries.
C:\DOCUME—I\slouser\LOCALS—I\Temp\MINOCT—I.DOC prepared by C.Koontz,Public Works Staff Engineer