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HomeMy WebLinkAbout04/04/1995, C-2 - AMENDMENT NO. 4 TO THE CONTRACT WITH WOODWARD-CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT. II"ul`�I�IIIII � MEETING DATE: �� city of san Lacs oBIspo Aril 4 1995 COUNCIL AGENDA REPORT nT: '' NUMBER: FROM: John Moss . itl\ Prepared By: Gary W. Henderson-*v/H Utilities D" ctor Water Division Manager SUBJECT: Amendment No. 4 to the. contract with Woodward-Clyde Consultants for the Salinas Reservoir Expansion Project. CAO RECOMMENDATION: By Motion, approve Amendment No. 4 to the contract with Woodward-Clyde Consultants for the Salinas Reservoir Expansion Project increasing the maximum compensation by $57,200. DISCUSSION: On February 21, 1995, the City Council endorsed the proposed strategy for proceeding with the Salinas Reservoir Expansion Project. Council directed staff to develop a formal amendment to Woodward-Clyde's contract for the next phase of work (Phase III). The formal amendment and scope of work have been completed and are attached as Attachment A to the staff report. The main goal of Phase III will be to determine what type of mitigation strategies will be acceptable to the regulatory agencies (Fish and Game, Fish and Wildlife, Corps of Engineers, etc.)and identify the additional studies or information necessary to accomplish future preparation of the detailed mitigation/mitigation monitoring plans for the project. The specific items which are include in the scope of work for Phase 11 are: ■ Consultations and Negotiations with Key Permitting and Regulatory Agencies Regarding Mitigation Needs/Requirements ■ Prepare Detailed Mitigation Program Work Plan, Including Cost Estimates and Schedule ■ Technical Workshop Presentations to Agencies ■ Prepare Work Plan for Phase IV The completion of the work outlined for Phase III is expected to be accomplished within four months of authorization to proceed by the City. FISCAL IMPACT: Approval of the recommended amendment will increase.the existing contract.with Woodward- Clyde Consultants from $329,400 to $386,600. A total of$300,000 was approved for additional studies related to the Salinas Reservoir Expansion project as part of the 1994-95 Budget (page E-3). (Originally, the 1993-95 Financial Plan, page E-5, reflected $1.3 million for design and city of san L.Ais OBISPO COUNCIL AGENDA REPORT studies for 1993/94. This was updated as part of the 1994 water fund analysis and 1994-95 budget. The budget was separated into two components: $300,000 for additional studies was moved to 1994/95, and $1 million for design was moved to 1995/96.) The $57,200 for this ammendment represents a cost ceiling for the workscope outlined in Attachment B. Actual billing will be done on a time and material basis. Attachment: A. Amendment No. 4 B. Detailed Scope of Work for Phase III I ILI Attachment A AMENDMENT NO. 4 CONSULTANT SERVICE CONTRACT BETWEEN CITY OF SAN LUIS OBISPO AND WOODWARD-CLYDE CONSULTANTS THIS AMENDMENT NO. 4, made in duplicate and entered into this day of April, 1995, by and between the City of San Luis Obispo (herein referred to as City) and Woodward-Clyde Consultant (herein referred to as Consultant), provides for changes to the Consultant Service Contract dated March 4, 1992, as follows: WITNESSETH: WHEREAS, City and Consultant completed and issued the Draft Environmental Impact Report for the Salinas Reservoir Expansion Project, and conducted Public Hearings in San Luis Obispo and Paso Robles; WHEREAS, the U.S. Army Corps of Engineers (ACOS) owns Salinas Reservoir/Dam and the surrounding property and has stipulated that the property must be transferred to local control prior to project approval and implementation; WHEREAS, a number of studies and surveys must be completed to allow the ACOE to transfer the property; _ WHEREAS, the City Council has directed that the detailed mitigation plans be developed for the expansion project prior to the certification of the environmental impact report; WHEREAS, additional consultations with regulatory agencies are required to develop the mitigation plan strategies; WHEREAS, Consultant has offered to provide the required services as detailed in the scope of work for Phase III of the Salinas Reservoir Expansion Project on the terms and conditions set forth in the AGREEMENT and as modified by this AMENDMENT; NOW, THEREFORE, in consideration of their mutual covenants the parties hereto agree as follows: 1. Description of Project. The basic description of the Project, as provided in Exhibit A to the Agreement remains unchanged. 2. Scope of Services. The Scope of Services, as set forth in Exhibit A to the Agreement is modified to add the following (refer to Attachment I of this Amendment No. 4 for more information): 1 C-�-3 A. Consultations and Negotiations with Key Permitting and Regulatory Agencies Regarding Mitigation Needs/Requirements B. Prepare Detailed Mitigation Program Work Plan,Including Cost Estimates and Schedule C. Technical Workshop-Presentations to Agencies D. Prepare Work Plan for Phase IV 3. Compensation. The cost estimate in Exhibit A of the AGREEMENT shall be changed to increase the maximum compensation by $57,200 to $386,600. All other terms for compensation remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the year and date first written above. CITY OF SAN LUIS OBISPO WOODWARD-CLYDE CONSULTANTS By: Mayor ATTEST:- City Clerk APPROVED AS TO FORM: 2 Woodward-Cade W Attachment B Engineering d sciences applled to the earth 8 its environment March 15, 1995 Mr. Gary Henderson Water Division Manager City of San Luis Obispo 955 Morro Street San Luis Obispo, California 93401 Subject: Scope of Work for of Phase III - Salinas Reservoir Expansion Project Dear Mr. Henderson: UTMODUCTION This letter describes Woodward-Clyde's (W-C) Scope of Services for accomplishment of Phase III ("Follow Up to Draft EIR") on the subject project. The scope presented herein includes a description of Phase III subtasks III-1 through III-4, as well as an estimated schedule and budget for completion of the Phase III services; this scope has been reduced as requested by the City in our telephone conversation of March 14, 1995. This Phase III scope description supplements the information presented in W-C's Draft Proposed Strategy and Outline for a Phased Approach to Completion of the Salinas Reservoir Expansion Project and Property Transfer, letter dated September 29, 1994. The September 29, 1994 document presents the conceptual overall strategy and phased approach (Phases III- DQ for completion of the Salinas Reservoir Expansion Project, as requested by the City. DESCRIPTION OF PHASE III SERVICES Phase III services consist of four discrete subtasks, as follows: • Task III-1: Consultations and Negotiations with Key Permitting and Regulatory Agencies Regarding Mitigation Needs/Requirements • Task 111-2: Prepare Preliminary Mitigation Program Work Plan (based on results of Task III-1), Including Cost Estimates and Schedule MADMTROPOSAURR-PRO(946Bt104P)itch March 15, 1995 Woodward-Clyde consultants I 17 19 5951 Encina Road Suite 200 Santa Barbara,California 93117 t Oji �j(� (805)964-6010 • Fax(805)964-0259 ` Woodward-Clyd%. W Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 2 • Task III-3: Technical Workshop Presentations to Agencies • Task III-4: Prepare Work Plan for Phase IV W-C's originally proposed Phase III services included public outreach and additional biological surveys — these subtasks have been deleted from Phase III as per the City's request. We understand that additional biological surveys maybe conducted in future project phases, if deemed necessary based on forthcoming Phase III regulatory agency consultation. Delaying additional biological surveys until after agency consultation (e.g., California Department of Fish and Game, U.S. Army Corps of-Engineers, and U.S. Fish and Wildlife Service) is completed will allow agency concerns and requirements to be incorporated into the scope of additional survey programs, as applicable. Summary descriptions of each Phase III subtask follow. TASK III-1: CONSULTATIONS AND NEGOTIATIONS WITH KEY PERMI71TING AND - REGULATORY AGENCIES REGARDING MITIGATION NEEDS/ REQUIREMENTS The objectives of this task are: 1) establish a dialogue with key permitting and resource agencies regarding the Salinas Reservoir Expansion Project; 2) identify biological mitigation requirements of these key permitting and resource agencies; and 3).initiate, as appropriate, early negotiations concerning biological mitigation in anticipation of later project permitting. The Draft EIR for the project identified several potentially significant biological impacts that may or may not be mitigated to a level of insignificance, as listed below: • Loss of oak and pine woodland in the inundation zone, including more than 4000 oak trees • Inundation of 89 acres of freshwater marsh and streambank woodland • Potential disturbance of sensitive breeding birds in the upper reservoir riparian zone due to inundation BV+DM%PROPOSALXRR-PRO(946BO04P)keb March 15. 1995 -- Woodward-Clyde Cormultants Woodward-Clya.. W Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 3 • Potential disturbance of the California red-legged frog and southwestern pond turtle in the upper reservoir riparian zone due to inundation • Potential temporary disturbance to aquatic species and raptors due to construction activities at the dam and the recreational facilities The Draft EIR presented several options to mitigate the loss of oak woodlands, all involving some type of restoration and/or protection of oak woodlands. This mitigation could require substantial planning, funds, and available land. No specific mitigation is proposed for the impacts to the upper reservoir riparian zone and its sensitive. species because the extent of impacts is largely unknown. Hence, a program of monitoring is recommended, followed by the development of a mitigation approach for any observed residual impacts after project implementation. The California Department of Fish and Game (CDFG) commented on the Draft EIR, indicating that more definitive mitigation should be developed for the project. Their comment reflects the importance of developing a feasible mitigation approach at an early stage of the project planning in order to fully understand the mitigation requirements for the project and their effects on project costs and feasibility. There are several key agencies that will issue key permits (including associated biological- related mitigations) for the project, as listed below: 1) A 1601/1603 Streambed/Lake Alteration Agreement from CDFG will likely be required for the dam base strengthening and recreation facilities relocation activities. 2) An Army Corps of Engineers (ACOS) 404 permit will also be required for dam base strengthening and recreational facilities relocation activities. The 404 permit may also be required for increasing the water level in the lake. 3) The U.S. Fish and Wildlife Service (USFWS) will provide comments to the ACOE on the 404 permit, and may require a Section 7 endangered species consultation if the project could affect listed species such as the tidewater goby, or the red-legged frog if it is listed in the future. BWDMIPAOPOSAL\RR-PRO(946BOD41)keb March 15. 1995 Woodward-Clyde Consultants Woodward-Clyd. w Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 4 4) The Regional Water Quality Control Board (RWQCB) must issue a 401 water quality certification in order for-the ACOE 404 permit to be valid. This agency has broad jurisdiction over water quality and wetland issues. Task III-1 will involve contacting the above agencies and setting up meetings to discuss the project and the mitigation requirements that each permitting agency would apply to the project. We plan to meet with each agency independently in order to focus on their specific requirements and jurisdiction. We envision two or three meetings with each of the above agencies. At the first meeting with each agency, the purpose and scope of the project would be fully described with maps and aerial photos. The results of the Draft EIR studies and the impact conclusions would be summarized. At that point, we would request any informal comments by the agency representatives on the permit or authorization that they would need to issue for the project,-their concerns about any particular biological impact, and the nature of any mitigation.that they believe would be necessary. This meeting would be informal and represent a exchange of information and an initial "brainstorming" session about mitigation. Representatives of W-C and the City of San Luis Obispo would be present at each meeting. W-C would prepare a summary of the meetings. Following the first meeting with each agency, W-C would also prepare a memorandum describing the permit jurisdiction of each agency, their concerns about biological impacts, their authority to require mitigation, and their ideas or directives on appropriate mitigation. Using the data gathered from the first round of agency meetings, W-C will refine the conceptual mitigation approaches in the Draft EIR and present them to the City staff for review and comment. Mitigation concepts will be ranked according to effectiveness, feasibility, and cost criteria. W-C will summarize the results of the mitigation concept evaluation and ranking process in a memo to the City. It is currently envisioned that this subtask can be accomplished within 10 weeks of authorization to proceed. A second and possibly third meeting would be conducted with appropriate agencies to present the listing of potential mitigation concepts. At each agency meeting, we will elicit their interest and concerns about the alternative concepts.in order to determine which concept BXADMXPROPOSALXRR-PRO(94613004P)Imb Mareh 15. 1995 - Woodward-Clyde Consultants Woodward-Clyat; W Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 5 would meet their regulatory needs. We will attempt to distinguish between the agencies' "wishes" for mitigation, as opposed to their legal authority for certain mitigation. TASK III-2: PREPARE PRELIMINARY MITIGATION PROGRAM WORK PLAN, INCLUDING COST ESTIMATES AND SCHEDULE Based on the results of the agency meetings, W-C will prepare a draft Mitigation Program Work Plan. It will present a summary of alternative biological mitigation programs with a comparison of their advantages and disadvantages. A recommended mitigation program will be presented that appears to meet all of the permitting agency requirements, is feasible and likely to be successful, and is the most cost-effective of the feasible mitigation alternatives. The work plan will contain a conceptual description of the recommended mitigation program. In addition, the plan will describe the studies and agency coordination required to prepare a detailed mitigation design and implementation plan. This latter item will include a listing of action items that are also displayed in a process diagram and Gantt-type schedule. The work plan will be presented to the City for review and approval. W-C anticipates that we can accomplish Task III-2 within one month following completion of Task III-1. TASK III-3: TECHNICAL WORKSHOP PRESENTATIONS TO AGENCIES W-C will organize a presentation and workshop for the permitting agencies noted above to present the recommended mitigation concept, including the conceptual design and implementation plan. A joint.agency meeting will be conducted in which W-C will first describe the recommended plan, followed by a facilitated workshop to identify refinements to the plan and ideas to facilitate the implementation of the plan. W-C will seek agency concurrence and if possible, involvement in the mitigating program. We believe that the potentially large size and cost of the biological mitigation may require partnerships with resource agencies and private conservation organizations to ensure success. We would emphasize this theme at the workshop. It is currently expected that we can complete Task III-3 within two weeks following completion of Task III-2. B\ADMIMOPOSAURR-PRO(946BO04P)keb March 15.1995 Woodward-Clyde Consultants Woodward-Clyc W Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 6 TASK M4: PREPARE WORK PLAN FOR PHASE IV The objective of Task III4 will be to prepare a work plan for Phase IV. The Phase IV work plan will specify the following: objectives of subtasks, summary of planned work efforts to complete subtasks, estimated timeline to complete Phase IV activities, and refinement of estimated costs. It is currently expected that W-C can prepare the Phase IV work plan within several weeks, once Tasks III-1 through 111-3 are completed. SCHEDULE AND COST ESTIMATE Schedule W-C currently envisions that all Phase III services can be completed within four (4) months of our-receipt of authorization to proceed from the City of San Luis Obispo. Cost Estimate W-C estimates that our cost to complete the Phase III services described herein, including consideration of the stated assumptions, is.approximately $57,200. This cost is based on the following subtask estimates: • Task III-1 = $38,400 • Task III-2 = $9,800 • Task III-3 = $6,600 • Task 1114 = $2,400 MADM\PROPOSALM-PRO(946B004P)keb March 15.1995 Woodward-Clyde Con-1i-nta Woodward-Clyde W Mr. Gary Henderson City of San Luis Obispo March 15, 1995 Page 7 CONTRACTUAL BASIS W-C proposes to perform the Phase III services described herein on a time and materials basis in accordance with our existing contractual agreement (dated March 4, 1992) with the City of San Luis Obispo. W-C will not exceed the estimated cost of$57,200 without prior authorization from the City. W-C appreciates the opportunity to submit this work scope to the City of San Luis Obispo, and we look forward to the timely and efficient completion of the subject services. Please call the undersigned if you have any questions or comments. Sincerely, - � U R. Keith Julian Robert Ray Vice-President Project Manager MADMUWPOSAURR.PRO(946B900)keb March 15. 1995 - Woodward-Clyde Consultants