RESOLUTION NO. R-2022-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #4
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR CENTRAL COAST BLUE IN THE AMOUNT OF $66,273
WHEREAS, in June of 2017, the City Council awarded a contract to Rincon Consultants, Inc. (Rincon) for preparation of environmental documents related to Central Coast Blue, which at the time was known as the Regional Groundwater Sustainability, Program or RGSP: and
WHEREAS, Amendments #1 and #2 were prepared and executed under the City Manager's authority per the purchasing policy in February 2020 and Amendment #3 was approved by the City Council on December 21, 2021; and
WHEREAS, Amendment #4 will cover preparation of updated technical studies and the Addendum to the 2021 Final Environmental Impact Report Central Coast Blue needed to achieve compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of Pismo Beach has entered into cost -sharing agreements with the Cities of Arroyo Grande and Grover Beach for these agencies to cover these additional Central Coast Blue costs, each supporting 50% of the costs of this contract amendment, as part of the cost -sharing for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #4 (Exhibit A) to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $66,273.
UPON MOTION OF Council Member Guthrie, seconded by Council Member Newton, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of December 2022, by the following vote:
AYES:
5 Guthrie, Newton, Blake, Reiss, Waage
NOES:
0 ABSENT:
0 ABSTAIN:
0 RECUSED:
0 Approved:
Ed Waage, Mayo
Atte t:
Erica Inderlied, City Clerk N
y�9AR �2. 6 kqo
PAGE 1 OF 8
Y
R-2022-103
Exhibit A
AMENDMENT#4
to the
JUNE 20, 2017 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND RINCON CONSULTANTS, INC.
Pursuant to the June 20, 2017 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as "City," and Rincon Consultants, Inc., hereinafter referred to as "Vendor," City and Vendor hereby agree as follows:
Additional services shall be performed as set forth in the proposal dated November 2, 2022, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of sixty-six thousand two hundred seventy-three dollars ($66,273), without prior written approval of the City.
3. The revised fee under the June 20, 2017 contract, plus addendums 1-4, is four hundred thirty-one thousand four hundred thirty dollars ($431,430).
4. All other provisions of the Preparation of Environmental Documents agreement between City and Vendor shall remain in full force and effect.
CITY: VENDOR:
City of Pismo Beach, a Municipal Corporation Rincon Consultants, Inc.
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated:
Signed:
Name: James R. Lewis
Title: City Manager
Dated:
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
Attachment: Scope/Cost Proposal
Signed:
Name:
Title:
Dated:
Address for giving notice:
(K changed from prior agreement)
Email address for official communications:
(if changed from prior agreement)
Vendor Representative:
(if changed from prior agreement)
Name/Title:
PAGE 2 OF 8
R-2022-103
Exhibit A
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
eo5 547 0900
[email protected]
www.rineonconsuItants.com
November 2, 2022
Project No: 15-01882
City of Pismo Beach
Attn: Benjamin Fine, Public Works Director
760 Mattje Road
Pismo Beach, CA 93449
Via email: bfine0yismobeach.ore
Subject: Additional Services Proposal to Prepare Updated Technical Studies and Addendum to the 2021 Final Environmental Impact Report for the Central Coast Blue Project, Oceano, California
Dear Mr. Fine:
Rincon Consultants, Inc. (Rincon) is presenting this additional services proposal to prepare updated technical studies and an Addendum to the 2021 Final Environmental Impact Report (2021 EIR; SCH# 2019120560) for the Central Coast Blue project (Original Project). Since preparation of the technical ' studies and certification of the 2021 EIR for the Original Project, several changes to the layout of project components have occurred, including re -location of three injection wells and nine monitoring wells along with reconfiguration of the proposed pipeline alignments (Modified Project). Based on our review of these project design changes, we anticipate an Addendum is the appropriate level of documentation for the Modified Project to achieve compliance with the California Environmental Quality Act (CEQA). An Addendum is the appropriate document to prepare when some changes or additions to a previously certified EIR are necessary but none of the conditions requiring preparation of a Subsequent EIR are met' Preparation of the updated technical studies and an Addendum to the 2021 EIR is necessary to complete the coastal development permitting process for the project, move forward with the United States Bureau of Reclamation National Environmental Policy Act (NEPA) process associated with the projecVs Title XVI funding, and maintain the project's eligibility for other potential funding opportunities, such as the State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) program. The following sections present our detailed scope of work, cost estimate, and schedule to prepare the updated technical studies and Addendum to the 2021 EIR for the Modified Project. For tracking purposes, task numbering has been continued from our existing scope of work, which includes Tasks 1 through 14.
I Conditions triggering preparation of a Subsequent EIR include new significant environmental effects ora substantial increase in the severity of previously identified significant effects due to substantial project changes, substantial changes in the project circumstances, or new information 1 of substantial importance which was not known or could not have been known at the time the Previous EIR was certified s En v, r o n m e n t al Sci en I , , is Planner En 9 in aer PAGE 3 OF 8
R-2022-103
Exhibit A
rincan
Scope of Work
Task 15 Updated Technical Studies
City of Pismo Beach
Central Coast Blue Project
In 2020 and 2021, several technical studies were prepared to evaluate the environmental impacts of the Original Project, including a Biological Resources Assessment, Cultural Resources Assessment, and Paleontological Resources Assessment. Due to project design changes, updates to these technical studies are necessary to adequately assess the impacts of the Modified Project to biological, cultural, and paleontological resources in support of the project's CEQA and NEPA documentation.
Task 15.1 Updated Biological Resources Assessment
Rincon will update the 2021 Biological Resources Assessment to assess the potential for the Modified Project to impact biological resources. Revisions will be focused primarily on the project description, existing conditions, impact analysis, mapping, site photographs, and the floral and faunal compendium.
In support of this update, Rincon will complete a biological resources reconnaissance survey of the revised locations of project components and will request an updated official query of the United States Fish and Wildlife Service's Information for Planning and Consultation tool. No updates will be made to the discussion of "conceptual project components" (i.e., the new production well and potential agricultural irrigation pipelines).
Task 15.2 Updated Cultural Resources Assessment
Rincon will update the 2020 Cultural Resources Assessment to assess the potential for the Modified Project to impact historic and archaeological resources. Revisions will be focused primarily on the project description, impact analysis, mapping, and site photographs. In support of this update, Rincon will complete a Phase 1 cultural resources survey of the new locations of project components and Extended Phase I testing at the location of IW-3 because it is located within the boundaries of a known archaeological deposit. Due to the length of time that has passed since the 2020 Cultural Resources Assessment was prepared, new cultural resources records and Sacred Lands File searches as well as follow-up outreach to Native American Tribes and local interested parties will be conducted. Rincon will also assist in preparing updated tribal consultation letters in support of the City's Assembly Bill 52 efforts should the City choose to conduct follow-up outreach. No updates will be made to the discussion of "conceptual project components" (i.e., the new production well and potential agricultural irrigation pipelines).
Task 15.3 Updated Paleontological Resources Assessment
Rincon will update the 2020 Paleontological Resources Assessment to assess the potential for the Modified Project to impact paleontological resources. Revisions will be focused primarily on the project description, impact analysis, and mapping. No updates will be made to the discussion of "conceptual project components" (i.e., the new production well and potential agricultural irrigation pipelines).
Task 16 Addendum to the 2021 EIR
The Addendum to the 2021 EIR will compare the impacts of the Modified Project to those evaluated in the 2021 EIR for the Original Project. It is presumed the analysis will find the Modified Project would not have new significant environmental effects and would not increase the severity of previously identified
PAGE 4 OF 8
R-2022-103
Exhibit A
1 City of Pismo Beach
t
Central Coast Blue Project
significant environmental effects outlined in the 2021 EIR. If this turns out not to be the case, we will notify the City immediately to discuss an appropriate course of action.
The Addendum will include an Introduction, which will contain a brief description of the Central Coast Blue Project and the 2021 EIR and explain the relationship of this document to previous analyses as well as a description of the required contents and applicability of preparing an Addendum. A Project Description for the Modified Project will be drafted based on materials and project mapping provided by Water Systems Consulting. An analysis of CEQA checklist issue areas will be provided, describing the difference in impacts between those identified in the 2021 EIR for the Original Project and those anticipated for the Modified Project and comparing impacts to applicable thresholds of significance. This analysis will focus primarily on the impact areas for which the 2021 EIR includes standalone chapters — air quality, biological resources, cultural resources, energy, environmental justice, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, and transportation. The air quality, energy, and greenhouse gas analyses will include updates to the quantitative modeling, if determined to necessary upon receipt of construction parameters for the Modified Project. A brief discussion will also be provided for the impact areas covered in the Effects Found Not to Be Significant section of the 2021 EIR. The analysis will discuss the applicability of the mitigation measures identified in the 2021 EIR to the Modified Project. Rincon will respond to up to two rounds of consolidated comments on the Draft Addendum, to be provided in editable electronic format (i.e., as tracked changes in Word) (assumed to be Water Systems Consulting [WSC]/the City for the first round and the relevant coastal development permitting agencies for the second round), and incorporate ' revisions as needed.
The Addendum is not required to be circulated for public review under CEQA, but public review is required to satisfy SWRCB requirements for the SRF program. Therefore, Rincon will prepare a Notice of Intent to Adopt the Addendum for submittal to the San Luis Obispo County Clerk -Recorder and State Clearinghouse. Rincon will also provide an electronic version (PDF) of the Addendum for posting on the websites of the City and the State Clearinghouse. Rincon assumes the City will file the Notice of Intent with the San Luis Obispo County Clerk -Recorder, and Rincon will file the Notice of Intent with the State Clearinghouse. Rincon will publish the Notice of Intent in a newspaper of general circulation and will mail the Notice of Intent to a list of interested parties (assumed to be the parties who were provided with the Notice of Availability for the Draft EIR and those who submitted comments on the Draft EIR).
Responsible and trustee agencies will either be notified electronically via the State Clearinghouse (for state agencies) or via certified mail (for up to 10 federal, regional, and local agencies). All other interested parties (up to 50) will receive the Notice of Intent via regular mail.
As required by SWRCB for the SRF program, upon receipt of public comments on the Draft Addendum, Rincon will prepare and submit an electronic copy of the draft responses to comments for review by WSC and the City, including any added or substantially revised sections of the Draft Addendum that may be necessary. This scope of work assumes up to three brief (underfive pages) comment letters will be received, which can be adequately responded to in a maximum of 20 professional staff hours. The actual level of effort required to respond will depend on the length, detail, and sophistication of the comments, in addition to the number of letters received. We reserve the right to reevaluate the effort level and request a scope amendment upon close of the public comment period.
The Final Addendum will include the mitigation monitoring and reporting program prepared for the Original Project, with updates to mitigation measures and implementation requirements, if necessary.
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Pace 3
R-2022-103
Exhibit A
CC of Pismo Beach
i
Central Coast Blue Project
Rincon will provide an electronic version (PDF) of the Final Addendum to the City; no hard copies will be provided.
If determined to be necessary by City legal counsel, Rincon will also complete a Notice of Determination (NOD) form for filing with the San Luis Obispo County Clerk -Recorder and State Clearinghouse upon adoption of the Addendum and issuance of a project -related discretionary approval. Rincon will file the NOD with the State Clearinghouse within five days of the project -related discretionary approval, and we assume the public agency issuing the approval will file the NOD with the County Clerk -Recorder. This scope does not include payment of any filing fees.
Task 17 CEQA Project Management
Under Task 17, Rincon will provide project management and coordination for the updated technical studies and the Addendum to the EIR. It is anticipated that up to two additional coordination calls (estimated at one hour each) with WSC and the City will occur to ensure regular communication and status updates.
Schedule
The following schedule was developed to identify the projected timeline for each task under this scope of work.
• Rincon's Project Manager will schedule a kick-off meeting within one week of authorization to proceed.
• Rincon will submit a draft Project Description for the Modified Project within two weeks of receipt of a KMZ of the maximum estimated footprint of disturbance. • Rincon will submit the first Administrative Draft Addendum and updated technical studies to WSC and the City within eight weeks of receipt of approval of the Project Description, assuming the Sacred Lands File search results are received within six weeks. • Rincon will submit the second Administrative Draft Addendum and updated technical studies to the coastal development permitting agencies within two weeks of receipt of comments from WSC and the City.
• Rincon will submit the Public Review Draft Addendum to WSC and the City within two weeks of receipt of comments from the coastal development permitting agencies. • The Public Review Draft Addendum will be distributed for the required 30-day public and agency review period.
• Within two weeks of the close of the public and agency review period, Rincon will submit the Final Addendum for City and WSC review.
• Within five working days of the project -related discretionary approval, Rincon will file the NOD with the State Clearinghouse, if determined to be necessary by City legal counsel.
Cost
Our proposed budget for Tasks 15 through 17 is $66,273.00, which includes a $3,000 contingency budget that can be utilized if the level of effort for responses to comments on the Draft Addendum
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R-2022-103
Exhibit A
I
City of Pismo Beach
1 Central Coast Blue Project
exceeds our estimated level of effort for this scope of work. The contingency budget will only be utilized upon receipt of written authorization from the City. The table on the following page shows a breakdown of costs by task. The following assumptions are included in this cost estimate:
• WSC will provide sufficient information, including a KMZ of the maximum estimated footprint of disturbance, that adequately depicts all proposed work on site prior to the initiation of our scope of work. No changes to the project footprint will occur after it is provided to Rincon. • No access issues will be encountered during site visits, and access permission will be provided in writing prior to fieldwork.
• Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding, fire, safety) or other conditions out of Rincon's control. • The identification of potential special -status species habitat will be based on a suitability analysis level only; the biological resources reconnaissance survey does not include definitive surveys for the presence or absence of a species.
•
No listed species will be observed during the biological resources reconnaissance survey. •
No additional cultural resources other than the archaeological deposit at IW-3 will be identified as part of the cultural resources fieldwork.
•
Direct expenses for the cultural resources records search will not exceed $900. Turnaround times associated with the cultural resources records and Sacred Lands File searches, which are outside of Rincon's control, are estimated at six to 10 weeks.
No updated fossil locality search, paleontological field survey, or noise measurements will be '
conducted.
•
Publication of the Notice of Intent in the San Luis Obispo Tribune will not exceed a direct cost of $600.
•
The Notice of Intent will be mailed via certified mail to up to 10 recipients and via regular mail to up to 50 recipients.
•
Responses to comments received on the Draft Addendum can be responded to in a maximum of 20 professional staff hours.
•
All deliverables will be provided in electronic (Microsoft Word or PDF) version. No hard copies of deliverables will be provided.
•
This scope of work does not include accessibility compliance for deliverables. If desired, deliverables can be made compliant with digital accessibility standards for additional cost. •
We will respond to one round of comments from WSC and the City on each project deliverable (unless otherwise indicated in the scope of work), and comments will be provided as a consolidated set in editable electronic format (i.e., as tracked changes in Word). •
The City will be responsible for payment of all CEQA filing fees. •
Rincon's attendance at any publi~meetings or hearings can be added to this scope on a time and materials basis, if requested.
1 All the terms of this proposal are fully negotiable to meet the needs of the City. Work would be conducted in accordance with our existing contract dated June 20, 2017. This proposal is valid for a period of 30 days during such time all questions may be directed to Annaliese Torres, Senior PAGE 7OF8
R-2022-103
Exhibit A
City of Pismo Beach
I
Central Coast Blue Project
Environmental Planner. We look forward to the opportunity to continue to support this important project.
Sincerely,
Rincon Consultants, Inc.
`ciO�y
Annaliese Torres
Senior Environmental Planner
Cost Estimate
Je nifer Haddow, PhD
Principal Environmental Scientist
Hours
tabor Budget
Direct Expenses
Total Budget
Task 15 Updated Technical Studies
Task 15.1 Updated Biological Resources
Assessment
74 $13,768.00
$195.00
$13,963.00
Task 15.2 Updated Cultural Resources
Assessment
118
$20,639.00
$1,705.00
$22,344.00
Task 15.3 Updated Paleontological
Resources Assessment
14 $2,366.00
$0.00
$2,366.00
Task 36 Addendum to the 2021 EIR
106
$18,266.00
$840.00
$19,106.00
Task 17 CEDA Project Management
28 $5,494.00
$0.00
$5,494.00
Contingency Budget
$3,000.00
$0.00
$3,000.00
TOTAL
340
$63,533.00
$2,740.00
$66,273.00
Direct Expenses Summary
Amount
Vehicle Costs
$535.00
Standard Field Equipment Package
$330.00
N01 Certified Mailings
$100.00
N01 Regular Mailings
$50.00
Newspaper Publication Fee
$690.00
Direct Expenses Subtotal $2,740400
Pmfesslonal Services — This cost estimate Is based on Rincon's standard fee schedule and loborclosslflcations. The above is provided as an estimate of Rincon's effort per task. Rincon may reallocate budgetbetween staff and tasks, as long as the total contract price Is not exceeded.
Annual Escalation —Standard rates subject to escalation annually.
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R-2022-103