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
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Woodward-Clyd%. W
Mr. Gary Henderson
City of San Luis Obispo
March 15, 1995
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• 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
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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.
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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
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Mr. Gary Henderson
City of San Luis Obispo
March 15, 1995
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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
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Mr. Gary Henderson
City of San Luis Obispo
March 15, 1995
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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
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Mr. Gary Henderson
City of San Luis Obispo
March 15, 1995
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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
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