HomeMy WebLinkAbout06/18/2002, C4 - WATER REUSE PROJECT - MITIGATION PLANNING AND MONITORING council 6/ 18/02,
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CITY OF SAN LUIS OBISPO
FROM: John Moss,Utilities Directot —
Prepared By: Dave Pierce,Water Projects Manager
SUBJECT: WATER REUSE PROJECT=MITIGATION PLANNING AND MONITORING
CAO RECOMMENDATION
Approve an increase of $20,000 from $60,000 to $80,000 for fisheries consultation services from
Thomas R. Payne and Associates and authorize the Mayor to execute contract Addendum No. 2 not
to exceed a total contract price of$80,000
DISCUSSION
On November 16, 1999 the City Council authorized staff to negotiate with Thomas R. Payne and
Associates for biological services for mitigation and monitoring plans for the Water Reuse Project
and authorized the City Administrative Officer to sign a contract not to exceed$60,000. A contract
was negotiated and$57,344.84 has been spent to develop plans and conduct monitoring activities in
2000 and 2001. Additional services are needed to:
1. setup and oversee the abundance monitoring activities in 2002;
2. review and analyze the emigration monitoring data for 2002;
3. prepare a final evaluation of the three year abundance and emigration monitoring program;
and
4. provide ongoing consultation regarding other mitigation and.habitat issues associated with
the Water Reuse Project.
1. Abundance monitoring for 2002 will be conducted in July, August, September and October.
Thomas R. Payne and Associates (TRPA) will provide one biologist to survey the creek, select the
pools to be counted, and participate in the dive count in July. The consulting biologist will also
review the data from the subsequent surveys and prepare the statistical analysis as was done during
the past two years. The City biologist, a City laboratory technician and one of the temporary
employees monitoring the steelhead emigration monitoring program will assist in the July survey
and conduct the later surveys. The use of City employees has proven successful the past two years.
In 2000, TRPA provided two biologists assisted by one City employee. In 2001, TRPA provided
one biologist assisted by the City biologist and a second City employee. The National Marine.
Fisheries Service (NMFS) has indicated that they will probably eliminate the requirement to
conduct the abundance and emigration monitoring for the last three years of the six year program
required in the biological opinion. Therefore it is important to provide a continuity of the quality
control and analysis process during the 2002 surveys. Having the same biologist set up the program
as in the past two years and having him monitor and evaluate the data can accomplish this..
Council Agenda Report Water Reuse Project—Mitigation Planning And Monitoring
Page 2
2. Emigration monitoring for 2002 is being conducted by the City biologist and temporary
employees. TRPA will review the data, provide consultation when requested, and prepare a
graphical comparison of the data with that of the past two years.
3. Prepare a final report for the abundance monitoring and emigration monitoring programs. The
requirement established in the biological opinion was to submit raw data to NMFS. City staff and
TRPA biologists have reviewed these data in order to be sure the program was actually
accomplishing what it was designed to do and to determine if a request to reduce the scope of the
monitoring effort could be justified. NWS intends to publish a paper about steelhead in coastal
streams using the data produced in this monitoring effort. The City biologist and the TRPA
biologist have been asked to co-author this publication. It is in the best interest of the City to
participate in the preparation of this publication or at least in the prepartation of a final report that
will discuss the goal(s)of the monitoring program,the data collection process, and the limitations of
the data. Steelhead in San Luis Obispo Creek will be a subject discussed in many future
environmental reviews. It will be helpful if the existing data is discussed and interpreted by the
individuals who developed the monitoring program and collected the data. The participation of the
TRPA biologist will take approximately 50 hours and cost less than $3,000. Even if NMFS does
not publish a paper it is important to develop and file this report.
4. Several habitat replacement and other mitigation measures will continue to require fisheries
consultation before all the mitigations required for the Water Reuse Project are completed. This
request includes$10,000 for these efforts which will be authorized by the City project manager.
FISCAL_ IMPACT
Original Authorization $60,000
This Addendum 20.000
Total 80,000
Funds for this addendum are available within the Water Administration Operating Budget —
Contract Service's Account. The 2001-2003 Financial Plan (Appendix A, page 37) approved a
$40,000 Significant Operating Program Change for Water Reuse Mitigation Monitoring which
included$20,000 for these contract services.
The initial $60,000 was funded from the Water Reuse CIP (1999-2001 Financial Plan, pages E-5).
The mitigation account has a balance of$698,000.
Attachments:
1. Addendum No.2 to agreement,dated February 22, 2000, with Thomas R Payne&Associates.
2. Agreement, dated February 22, 2000, with Thomas R Payne & Associates
Electronic File Path:\\879_MORRO\SYS\GROUPS\UTU-\CounciI Agenda Reports VVR_TRPA_al_CAR.doc
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ADDENDUM NO. 2
THE AGREEMENT dated February 22, 2000 between the CITY OF SAN LUIS
OBISPO,a municipal corporation, hereinafter referred to as City, and THOMAS R. PAYNE &
ASSOCIATES, hereinafter referred to as Contractor is amended as follows:
1) The contract amount is increased from$60,000.00 to $80,000.00
2) The specific work items to be covered by this amendment include:
a) Monitor for abundance—summer of 2002. In July, survey the area; determine pools to be
counted, and participate in the July count. City staff will assist in July and complete the
fieldwork in August, September,and October. Monitor and analyze data for all four
months. Estimated Cost: $8,000.
b) Review and comment on the 2002 program to monitor juvenile steelhead emigration in
San Luis Obispo Creek. Estimated Cost: $1,000.
c) Prepare a final report for the three-year emigration and abundance monitoring programs.
Work with the National Marine Fisheries Service (NMFS) and the City Biologist. This
may support an article to be published by NMFS. The report required by this item needs
to at least review the monitoring plan and the data, discuss the limitations of the data, and
state any significant conclusions. Estimated Cost: $3,000.
d) Continue to work with the City and the NMFS to provide fisheries expertise in support of
habitat mitigation plans required by the biological opinion. Estimated Cost: $8,000. ,
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
this4Tµ day of June 2002.
CITY OF SAN LUIS OBISPO,A Municipal Corporation
APPROVED AS TO FORM:
Mayor
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ATTEST: CONTRACTOR
Lee Price, C.M.C.
City Clerk
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Ar7-AC!A 1A 60r A, ,,
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
day of � P O- _, by and between the CITY OF SAN
LUIS OBISPO,a municipal corporation, k&einafter referred to as City, and THOMAS R. PAYNE&
ASSOCIATES, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on November 16, 1999 the City Council authorized negotiations with Thomas R.
Payne& Associates to provide consultant services for the Water Reuse Project; and
WHEREAS, City staff and the Consultant have reached mutually agreeable terms.
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 the Mitigation Plans and the Creek
Monitoring Program.
2. GENERAL TERMS AND CONDITIONS. Exhibit B attached hereto contains the
General and Special Terms and Conditions,which are part of this Agreement. Exhibit C attached hereto
contains the Insurance Requirements that must be met by the Contractor. Errors and Omissions Insurance
is not required because it is not normally provided for the services being rendered under this agreement.
3. CITY'S OBLIGATIONS. For providing design services as specified in this Agreement,
City will pay and Contractor shall receive therefore compensation in a total sum not to exceed
$40,000.00.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and
Agreements herein before mentioned to be made and performed by City, Contractor agrees with City to
provide services as described in Exhibit 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 Utilities Director 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.
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 John Moss, Utilities Director
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
01-51
Contractor Thomas R. Payne
Thomas R. Payne & Associates
P.O. Box 4678
Arcata,CA 95518
890 L Street, Arcata, CA 95521
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.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:
Citydrain ss tr tiv f icer
APPROVED AS TO FORM: CONTRACTOR
By:
#* o le
ell-
Attachment 71
SCOPE OF SERVICES
The Contractor shall provide the fisheries consulting services needed to comply with the habitat
mitigation requirements for San Luis Obispo Creek as specified in the Terms and Conditions of
the Biological Opinion issued on July 28, 1999,by the National Marine Fisheries Service, and
the Memorandum of Understanding dated October 21, 1999,between the City and the California
Department of Fish and Game. The following tasks shall be accomplished on a time-and-
materials basis. The total cost of these services is not to exceed$40,000.
a) Prepare and implement plan to monitor juvenile steelhead emigration in San Luis Obispo
Creek.
b) Prepare and implement plan to monitor abundance of juvenile steelhead in San Luis Obispo
Creek.
Estimated Cost for items a) and b)
Develop plans $2,500
Implement emigration monitoring(first year_) $10,000
Monitor for abundance- summer of 2000 $12,500
c) Develop a plan to minimize stranding of steelhead due to changes in rate of discharge from
the Water Reclamation Facility. Estimated cost: $2,000
d) Develop habitat mitigation plans as required by National Marine Fisheries Service Biological
Opinion concerning steelhead and consult with designers and contractors during
implementation. Estimated cost $10,000.
e) Provide fisheries expertise for the selection and design of appropriate modification to Marre
Dam to improve fish passage.. Estimated cost $3,000. .
f) Attend up to two meetings with staff from the City and NMFS to discuss the proposed
development of plans and to review the completed plans and up to two public meetings to
present and discuss findings and recommendations. Attend as many"working" meetings
with staff as necessary to perform work scope tasks.
Exhibit A /G
Attachment z
GENERAL BERMS AND CONDITIONS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages,and amounts specified in Exhibit C -INSURANCE REQUIREMENTS.
2. Business Tax. The 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.
3. Ability to Perform. The 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..
4. Laws to be Observed. The 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
5. Payment of Taxes. The contract prices shall include full compensation for all taxes which the
Contractor is required to pay.
6. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and
fees,and give all notices necessary.
7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
8. Public and Employee Safety. Whenever the 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.
9. Preservation of City Property. The 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 the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
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.
11. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in,nor permit such subcontractors 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.
Exhibit B C�7
Attachment
12. Work Delays. Should the 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
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. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages which may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a fmding as to the
causes of same.
13. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor(Net 30).
14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the 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.
15. 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.
16. Interests of Contractor. The 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. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest-shall be employed.
The 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, the Contractor shall at all times be deemed an independent contractor and
not an agent or employee of the City..
17. Hold Harmless and Indemnification. The 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 the 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 the 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 the 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. .
18. Contract Assignment. The 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.
Exhibit B C�ri
Attachment a-
19. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the 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 the Contractor to said effect. Thereafter,neither party shall have
any further duties, obligations,responsibilities, or rights under the contract except, however, any
and all obligations of the Contractor's surety shall remain in full force and effect,and shall not be
extinguished,reduced,or in any manner waived by the termination thereof.
In said event, the 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
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 the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the 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 the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
Exhibit B Cy y
Attachment ,Z
SPECIAL TERMS AND CONDITIONS
1. Ownership of Materials..All original drawings,plan documents and other materials prepared by
or in possession of the 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.
2. Release of Reports and Information. Any reports, information, data,or other material given to,
prepared by or assembled by the 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 the Contractor without the prior written approval of the City.
3. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what the Contractor is required to fiunish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
4. Required Deliverable Products. The Contractor will be required to provide:
a. Three copies of the plans and reports specifications. Any documents or materials
provided by the Contractor will be reviewed by City staff and, where necessary, the
Contractor will be required to 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,the Contractor must provide the corresponding computer files to the City,
compatible with the following programs whenever possible unless otherwise directed by
the project manager:
• Word Processing Word
• Spreadsheets Excel
• Desktop Publishing Coreldraw,Pagemaker
• Computer Aided Drafting(CAD) AutoCad Release 14
Computer files must be on 3'/i',high-density, write-protected diskettes, zip 100 diskettes,
or compact disks, formatted for use on IBM-compatible systems. Each diskette or CD
must be clearly labeled and have a printed copy of the directory.
5. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance at up to two meetings with staff from the City and NMFS to discuss the
proposed development of the plans and then to review the completed plans and up to two public
meetings to present and discuss the Contractor's findings and recommendations. Contractor shall
attend as many"working" meetings with staff as necessary in performing workscope tasks.
Exhibit B Cy-�U
Attachment 2,-
INSURANCE
INSURANCE REQUIREMENTS: Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor,its agents,representatives,employees,or subcontractors.
Minimum Scope of Insurance. Coverageshall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code l (any
auto).
3. Workers'Compensation insurance as required by the State of California and Employees Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. 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 hinifshall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
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 the Contractor shall
procure a bond guaranteeing payment of losses and related investigations,claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed
to contain,the following provisions:
1. 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 the Contractor;products and completed
operations of the Contractor,premises owned;occupied or used by the Contractor;or automobiles owned,
leased,hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City,its officers,official,employees,agents or volunteers.
2. For any claims related to this project,the 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 the
Contractor's insurance and shall not contribute with it.
3. 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.
4. The 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.
5. 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.
Acceptability of Insurers. Insurance into be placed with insurers with a current A.M.Best's rating of no less than
A:VII.
Verification of Coverage. Contractor shall famish 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.
Exhibit CC y ��