HomeMy WebLinkAbout11/16/1999, C2 - AMENDMENT TO CONTRACTS FOR LEGAL AND CONSULTANT SERVICES RELATIVE TO HEARINGS FOR THE CITY'S WATER RIGHTS PERMIT AT SALINAS RESERVOIR counat M.Nov. 16, 1999
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C I T Y OF SAN LUIS OBISPO
FROM: John Moss, Utilities Director��"
Prepared By: Gary Henderson, Water Division Manager
SUBJECT: AMENDMENT TO CONTRACTS FOR LEGAL AND CONSULTANT
SERVICES RELATIVE TO HEARINGS FOR THE CITY'S WATER
RIGHTS PERMIT AT SALINAS RESERVOIR
CAO RECOMMENDATION
1. Authorize the CAO to approve the following contract amendments relative to legal and
consultant services for the State Water Resources Control Board hearings held for the City's
water right permit at Salinas Reservoir:
A. Amendment No. 1 to contract dated August 13, 1999 with URS Greiner Woodward-
Clyde International-Americas, Inc increasing the maximum compensation by $14,565
for a total compensation of$843,175.
B. Amendment No. 1 to contract dated September 1, 1999 with Hatch and Parent
increasing the maximum compensation by $60,000 (using $10,000 contingency
previously identified and $50,000 from water fund balance) for a total compensation
of$90,000.
2. Authorize the transfer of$64,565 from Water Fund balance for the additional costs identified
above.
DISCUSSION
The State Water Resources Control Board hearing relative to the City's water right permit for
Salinas Reservoir was completed on Monday, October 18, 1999. The hearing was originally
scheduled for one day and was rescheduled to two days shortly before the hearing date. Due to
the length of the proceedings, a third day was required and the hearing was continued to the
Monday of the following week.
Prior to the hearing, a contract for legal services with Hatch and Parent was approved by the City
Council for preparation of testimony and representation during this process. In addition, the
contract with URS Greiner Woodward-Clyde International-Americas, Inc (URSGWCIA) which
was approved by the City Council for additional work associated with the Salinas Reservoir
Expansion Project included$25,000 for consultant services and expert testimony at the hearing.
The cost estimates for legal and consultant services were developed several months before the
hearing. The estimates assumed that the hearing would require only one day to complete and the
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Council Agenda Report—Salinas Reservoir Water Rights Hearing Expenses
Page 2
number of witnesses would be limited. At the time, the hearing was assumed to involve only the
City and California Sportsfishing Protection Alliance (CSPA), who filed the original protest.
Prior to the hearing, the City of Paso Robles requested to be a party at the hearing. This request
was allowed by the Board,which added a third party to the proceedings and allowed Paso Robles
to provide testimony and cross examination during the hearings.
The number of witnesses providing testimony for CSPA far exceeded what was assumed in the
development of the cost projections. CSPA had a total of twelve witnesses (three of them were
subpoenaed). The City of Paso Robles also retained two expert witnesses to testify on their
behalf at the hearing. Significant additional time was required in preparation for the hearings
based on the amount of written testimony and exhibits that were submitted.
The process has not been completed and still requires preparation of closing statements by each
party to the proceedings (possibly including an attorney representing property owners in
Monterey County). Following submittal of the closing statements, each party will be allowed
additional time to prepare rebuttals of the other parties closing statements which will then be
submitted to the Board for consideration in their final decision. The preparation of these
documents will require additional services of both our legal counsel as well as our technical
consultants.
FISCAL IMPACT
The contract with Hatch and Parent was for $30,000 and the Council also approved a $10,000
contingency, for a total available funding of$40,000. An additional $50,000 is estimated to be
needed to cover expenses to date as well as costs to complete the remaining work discussed
above.
The contract with URSGWCIA included $25,000 for support services relative the State Board
hearing. An additional $14,565 is estimated to be needed to cover expenses to date as well as
costs to complete the remaining work discussed above.
Funding is available in the Water Fund Balance to fund the additional $64,565 for these two
contract amendments and retain working capital at minimum policy levels.
ATTACHMENTS 1. Amendment No. 1 to Agreement for Legal Services between the City
of San Luis Obispo and Hatch and Parent
2. Amendment No. 1 to Consultant Service Contract between City of San
Luis Obispo and URS Greiner Woodward-Clyde International-
Americas, Inc.
3. Budget Amendment Request
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AMENDMENTNO. 1
AGREEMENT FOR LEGAL SERVICES
BETWEEN CITY OF SAN LUIS OBISPO
AND HATCH AND PARENT
THIS AMENDMENT NO. 1, made in duplicate and entered into this day of
November, 1999, by and between the City of San Luis Obispo (herein referred to as City) and
Hatch and Parent(herein referred to as Counsel),provides for changes to the Agreement for Legal
Services dated September 1, 1999,as follows:
WITNESSETH:
WHEREAS,Counsel was retained to provide legal representation at the hearings before the
State Water Resources Control Board relative to the Salinas Reservoir Expansion Project and the
City's water rights permit;
WHEREAS, the scope of work associated with preparation for the hearings and
participationin the proceedings increased significantly from original estimates;
WHEREAS, additional costs were incurred relative to the time needed to complete the
hearings(three days instead of one day originally estimated);
WHEREAS,additional work will be necessary relative to preparation of closing statements
and review of other parties closing statements;
NOW,THEREFORE,in consideration of their mutual covenants the parties hereto agree as
follows:
1. Compensation Cap. The compensation cap in the AGREEMENT dated September 1,
1999 shall be changed to increase the maximum compensation by $60,000 for a total
compensation of$90,000.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the
year and date first written above.
CITY OF SAN LUIS OBISPO
By:
John Dunn
City Administrative Officer
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COUNSEL
APPROVED AS TO FORM- Attomeys,at Law
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By-
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City Attorne
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AMENDMENT N0. 1
CONSULTANT SERVICE CONTRACT
BETWEEN CITY OF SAN LUIS OBISPO
AND URS GREINER WOODWARD-CLYDE
INTERNATIONAL-AMERICAS,INC.
THIS AMENDMENT NO. 1, made in duplicate and entered into this day of
November, 1999,by and between the City of San Luis Obispo(herein referred to as City)and URS
Greiner Woodward-Clyde International-Americas(herein referred to as Consultant),provides for
changes to the Consultant Service Contract dated August 13, 1999,as follows:
WITNESSETH:
WHEREAS, the Consultant was retained to provide expert testimony relative to hearings
before the State Water Resources Control Board relative to the Salinas Reservoir Expansion Project
and the City's water rights permit;
WHEREAS, the scope of work associated with preparation for the hearings and
participation in the proceedings increased significantly from original estimates;
WHEREAS, additional costs were incurred relative to the time needed to complete the
hearings(three days instead of one day originally estimated);
WHEREAS,additional work will be necessary relative to preparation of closing statements
and review of other parties closing statements;
NOW,THEREFORE,in consideration of their mutual covenants the parties hereto agree as
follows:
1. Compensation. The cost estimate in the AGREEMENT dated August 13, 1999 shall be
changed to increase the maximum compensation by$14,565 for a total compensation of
$843,175. 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
By:
John Dunn
City Administrative Officer
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APPROVED AS TO FORM: CONSULTANT
By: - -
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