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HomeMy WebLinkAbout05/03/2011, C11 - REGULATORY AND LEGAL SERVICES RELATED TO SAN LUIS OBISPO CREEK WATER QUALITY REGULATIONS Council ! j, acEnaa REpoRt c CITY OF SAN LUIS OBISPO FROM: Carrie Mattingly,Utilities DirectorCP Prepared By: David Hix,Wastewater Division Manage ] SUBJECT: REGULATORY AND LEGAL SERVICES RELATED TO SAN LUIS OBISPO CREEK WATER QUALITY REGULATIONS RECOMMENDATION 1. Approve an agreement with Larry Walker Associates for completion of the Municipal and Domestic beneficial use Use. Attainability Analysis and development of a draft trihalomethane site specific objective for an amount not to exceed$141,200. 2. Approve funding for Somach, Simmons& Dunn for legal services related to water quality regulations for an amount not to exceed $50,700. 3. Authorize the use and transfer of$115,900 from the sewer fund general carryover account to the wastewater administration contract services account to fund these consulting services. DISCUSSION Numerous water quality regulations determine the discharge limitations for the City's Water Reclamation Facility (WRF) into San Luis Obispo Creek. The WRF operates under a National Pollutant Discharge Elimination System (NPDES) permit which determines the discharge limits based upon the creek's beneficial uses. The creek's Municipal and Domestic (MUN) beneficial use establishes drinking water standards for the WRF's discharge which are the major cost drivers associated with future WRF upgrades. In May of 2005 the City Council authorized the City's regulatory consultant, Lang Walker Associates (LWA), to perform a feasibility analysis of the available regulatory options related to water quality regulations in San Luis Obispo Creek. This study determined that a Use Attainability Analysis (UAA) was the most feasible and favorable regulatory option to determine the reasonable beneficial uses of the creek. The UAA was finalized in 2007 and has concluded that the MUN beneficial use does not exist and cannot be achieved. The study recommends dedesignation of San Luis Obispo Creek for the MUN beneficial use. City and Regional Water Quality Control Board (RWQCB) staff have been meeting regularly to discuss the MUN beneficial use and dedesignation. All regulatory options have been explored and the RWQCB will be asked at its May 5, 2011 meeting as to whether or not it desires to continue the process and direct staff to prepare a future item on dedesignation of San Luis Obispo Creek for MUN. This is a critical step in the City's efforts to remove the MUN designation,negotiate future NPDES permits, and manage costs for the future WRF upgrade. C11-1 Regulatory and Legal Services for SLO Creek Water Quality Regulations Page 2 Moving forward with the dedesignation process will require the City to utilize additional regulatory and legal consultant services. Staff is requesting Council approve an agreement with the City's water quality consultant, Larry Walker Associates (LWA) and authorize additional funding for the City's retainer agreement with Somach, Simmons & Dunn (SS&D) as well as LWA. The LWA agreement provides for the completion of the UAA and associated work efforts. Specifically the proposal provides public outreach support, completion of the UAA, CEQA scoping for the UAA, Board hearing support, scoping of a site specific objective for trihalomethanes (THMs) if required, and support for developing an appeal if the Board does not adopt the dedesignation. SS&D was originally retained by the City in December 2007, for an amount not to exceed $25,000, to provide legal services for dedesignation of San Luis Obispo Creek..This funding has almost been expended and this request for $50,700 will provide funding for the projected duration of the upcoming dedesignation process and associated water quality regulatory issues. The City currently has three existing contracts with LWA (2007 WRF NPDES permit negotiations; a THM feasibility study, and San Luis Obispo Creek MUN dedesignation). Each contract has a remaining balance. Staff is proposing to consolidate the three contracts into one under the attached proposal and agreement, adding additional funding to accomplish the proposed work. SS&D and LWA have been key participants in the City's efforts to explore regulatory options, in negotiations with regulators, in preparing communications with both legal and water quality staff from the RWQCB, SWRCB, and EPA, and in assisting the development of crucial documents and agreements. Both firms have extensive knowledge and experience with water quality regulations, policies, laws, and the City's NPDES permit and have developed a strong working relationship with all involved parries. CONCURRENCES The City Attorney has reviewed this report and attached agreement and concurs with this recommendation. FISCAL IMPACT The total fiscal impact is $191,900, including $141,200 ($76,000 of which is from existing contracts) for water quality consulting services with Larry Walker Associates, and $50,700 for legal services with Somach, Simmons & Dunn. The LWA proposal consolidates three existing water quality contracts with LWA for various water quality studies with combined available balances of$76,000. These funds will be used towards the LWA proposal amount for a net cost of $65,200. There is adequate funding in the sewer fund general carryover account for this request. Table 1 summarizes the cost of the proposed services identified to complete the UAA. C11-2 Regulatory and Legal Services for SLO Creek Water Quality Regulations Page 3 Proposer Proposal Conihined Balance of Existin- Coiaracts Total Larry Walker Associates $141,200 $76,000 $65,200 SS&D $50,700 1 $0 $50,700 $115,900 A budget amendment request will be prepared to transfer the net $115,900 from the sewer fund general carryover account to the wastewater administration contract services account. ATTACHMENTS 1. Agreement and Proposal from Larry Walker Associates 2. Agreement with Somach, Simmons & Dunn C11-3 �\ Attachment 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and LARRY WALKER ASSOCIATES,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City wants to Completion of a MUN Uses Attainability Analysis and development of a Draft Site Specific Objective Approach. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. 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 first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed$141,200. 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 provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B 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 City Administrative Officer 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 any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. C11-4 Attachment 1 Agreement Page 2 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 Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo,CA 93401 Contractor Larry Walker Associates Attn: Sue Fishel 707 Fourth Street, Suite 200 Davis,CA. 95616 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 Municipal Corporation By: City Clerk Mayor Jan Marx APPROVED AS TO FORM: CONTRACTOR By: City Attorney C11-5 TTACHMENT 1 ExWbitA 1629 Queen Anne Ave N. Suite 104 I 206.257.0610 www.lwa.com Seattle,WA 98109 L A R R Y WALKER ASSOCIATES February 10,2011 Mr.Dave Hrx Wastewater Division Manager City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Proposal for Completion of a MUN Use Attainability Analysis and Development of a Draft THM Site Specific Objective Approach Dear Mr.Hix: Per your request,Larry Walker Associates (LWA) has developed the following proposal to complete the Use Attainability Analysis for the MUN designated use in the lower portion of San Luis Obispo Creek,support adoption of a Basin Plan Amendment(BPA) to incorporate the findings of the UAA and,if necessary,develop a draft THM Site-Specific Objective (SSO)Work Plan for trihalomethanes Cl f i ls). The goal of the a UAA and support of a BPA is the dedesignation of the MUN use which should allow the City of San Luis Obispo Wastewater Reclamation Facility(WRF) to complywith limits for THMs and nitrate without extensive facility improvements. LWNs scope of services,schedule,and cost estimate are presented below. SCOPE OF SERVICES LWA tasks anticipated under this proposal are as follows: Task L Public Outreach Support. Support the development of a public outreach strategy to identify key individuals or groups to engage. Develop meeting materials for use by City staff and participate in meetings as needed(assumed two meetings for budgeting purposes) Task 2. Complete Use Attainability Analysis. Update the 2006 Draft Use Attainability Analysis document to incorporate additional information developed since the submittal of the draft. Conduct revisions based on Regional Board staff,Peer Review,and 45-day Public Comment Period comments. Task 3. CEQA Scoping Process.Develop information as needed,including but not necessarily limited to,CEQA scoping meeting agenda,executive summary,and Page 1 C11-6 Exhibit, . .CTACHMENT 1 presentation.Participate in CEQA scoping meeting in the City. Note that this task may not be necessary as a CEQA scoping meeting was held in December 2006. Task 4. Regional Board Agenda Item Package. Develop draft.Regional Board Resolution,Basin Plan Amendment,and CEQA Scoping Document. Participate in conference calls with City and Regional Board staff to discuss draft documents and subsequent revisions (assumed four conference calls for budgeting purposes). Revise said documents based on City,Regional Board,Peer Review, and 45-dayPublic Comment Period comments. Develop response to comments in support of revisions. Task 5. Regional Board Hearing Support. Prepare presentations in support of an informational item presentation as well as the Regional Board adoption hearing. Attend the Regional Board and State Board adoption hearings. Prepare information necessary to support the administrative record. Participate in conference calls with City and Regional Board staff(assumed two conference calls for budgeting purposes). Task 6. THM Site-Specific Objective (SSO) Approach Document Based on the outcome of the UAA process,it may be necessary to develop an SSO to address THM effluent limits. If necessary,a THM SSO Approach Document will be developed to identify appropriate approaches for developing SSOs for THMs for SLO Creek downstream of the WRF. Additionally,a cost estimate to implement the approach(es) will be provided. Participate in conference calls with City and Regional Board staff(assumed two conference calls for budgeting purposes). Task 7. Miscellaneous Meetings and Contract Management A number of meetings and or conference calls maybe necessary to support the above tasks that have not been explicitly budgeted for within the task Assumed five conference calls and two in person meetings for budgeting purposes. Task 8. Support State Board Appeal. In the event that the Regional Board does not vote for adoption of a Basin Plan Amendment during the Regional Board Adoption Hearing,services will be provided as-needed to develop an appeal strategy and information to support an appeal to the State Water Resources Control Board. Assumed three conference calls and two in person meetings for budgeting purposes. LWA SCHEDULE The following table outlines the number of months needed to complete the corresponding task Specific dates cannot be provided at this time as the timing of the initiation of each task is dependent on when the City determines an appropriate approach and level of support required based on discussions with regulatory agencies. The number of months necessary to complete tasks may vary to meet additional City or Regional Board requirements. Page 2 C11-7 Exhibit F A. ACHMENT 1 Task No. Task Description Months to Complete Task Task 1 Public Outreach Support 2 months Task 2 Complete Use Attainability Analysis i month' Task 3 CEQA Scoping Process 1 month Task 4 Regional Board Agenda Item Package 1.5 months Task 5 Board Hearing Support 1 month Task 6 THM SSO Approach Document 3 months Task 7 Miscellaneous Meetings and Contract Management Ongoing Task 8 State Board Appeal 2 months 1 Represents the time required to update the 2006 Draft UAA document. Additional time will be needed to address Regional Board staff,Peer Review,and Public Comments. LWA COST ESTIMATE The total estimated cost to complete the Scope of Work is $141,178 as presented in the summary table below and detailed in the attached spreadsheet. LWA is currently under contract with the City for three separate projects related to the WRF. Given the importance of the UAA project,we are proposing the reallocation of the remaining funds (approximately$76,000) to complete the Scope of Work contained herein. If the existing funds were reallocated,an additional$65,178 in funding would be needed. Task Total Other No. Task Description Labor Direct Total Costs Task 1 Public Outreach Support $7,168 $778 $7,946 Task 2 Complete Use Attainability Analysis $13,248 $265 $13,513 Task 3 CEQA Scoping Process $11,728 $389 $12,117 Task 4 Regional Board Agenda Item Package $33,974 $33,974 Task 5 Board Hearing Support $18,028 $574 $18,602 Task 6 THM SSO Approach Document $23,632 $23,632 Task 7 Miscellaneous Meetings and Contract.Management $10,422 $778 $11,200 Task 8 State Board Appeal Support 1 $19,824 $370 1 $20,194 Total »»1 $138,024 $3,154 $141,178 Should you have any questions,please contact me at 206.257.0610 or chrism@lwa.com. Sincerely, Chris Minton Project Manager Page 3 C11-8 - Exhibit I Exhibit B ATTACHMENT 1 CONTRACT PERFORMANCE TERMS 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances,and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time C11-9 -- Exhibit I A?, XHMENY 1 Exhibit B:Contract Performance Terms Page 5-2 of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). D. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same,provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 17. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any fiuther duties,obligations,responsibilities or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of C11-10 AT C H M E NT 1 Exhibit i Exhibit B:Contract Performance Terms Page B-3 Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 19. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 22. Required Deliverable Products. Contractor will provide: a. Three copies of the final report that addresses all elements of the workscope. Any documents or materials provided by Contractor will be reviewed by City staff and,where necessary, Contractor will respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope, Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 31/2", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. C11-11 l -ACHiVIENT 1 >Exn,bul Exhibit B:Contract Performance Terms Page B-4 23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to 10 public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 24. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, employees or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto).. • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:.liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. C11-12 `TACHMENT 1 ExhibitE Exhibit B:Contract Performance Terms Page 13-5 • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,employees,agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Cll-13 Attachment 2 SOMACH SIMMONS & DUNN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 800 CAPROL MALL.SURE 1000.SACRAMEMIO.CA 93814 OFFICE:918.448.7979 FA%:918.448-8199 SOMAONLAW.COM April 19,2011 VIA EMAIL AND FIRST CLASS U.S.MAIL David C. Hix Utilities Department City of San Luis Obispo 879 Morro Street San Luis Obispo,CA 93401 RE: Cost Estimate for City of San Luis Obispo,San Luis Obispo Creek De-designation Process Dear Dave: Per your request,Somach Simmons & Dunn (SSD or we)have prepared the enclosed cost estimate with respect to assisting the City of San Luis Obispo (City) in the process for de-designating San Luis Obispo Creek. The cost estimate provided is for services anticipated to be provided between March of 2011 through December of 2012. In the enclosed Table,we have identified three primary tasks associated with this project. The tasks include: providing assistance to the City for the May 2011 workshop, providing assistance following the May 2011 workshop for any and all follow-up work that may be necessary,and submitting a request to the State Water Resources Control Board for their review of this issue should it be necessary. Should other assistance be necessary,we would look to the City for direction. We appreciate our continued relationship with the City and look forward to assisting you with this process. Very truly yours, /� 1 rti olc' Theresa A.Dunham Enc. TAD:cr C1.1-14 Attachment 2 Somach Simmons & Dunn Cost Estimate for City of San Luis Obispo San Luis Obispo Creek De-designation Process March 2011 through December 2012 Task Estimated Hours and Costs Task 1 —RWQCB May 2011 Workshop: (1) Prepare for workshop,participate in (1) 50 hrs @ $287301 = $14,375 conference calls,review materials (2) 25 hrs @ $265.00= $6,625 (2) Attend RWQCB Workshop Task 2—RWQCB Basin Plan Amendment Hearing: (1) Prepare for hearing,participate in (1) 50 hrs @ $287.50' _ $14,375 conference calls,review materials (2) 25 hrs @ $265.00= $6,625 (2) Attend RWQCB Workshop Task 3—Request to SWRCB for consideration on Own Motion Review (if necessary): Prepare letter request to SWRCB for own motion 30 hrs @ $287.50= $8,625 review if RWQCB fails to act on request for de- designation Total Cost Estimate $ 50,625 This reflects a combined rate for Roberta Larson($310.00 per hour)and Theresa Dunham($265.00 per hour). C11-15