ITEM:

CONSENT CALENDAR

5.

CONSIDER Expenditure of Budgeted Funds to Contract with DHDettman TO PROVIDE ADVICE ON EMERGENCY REPAIRS FOR THE SLEEPY HOLLOW STEELHEAD REARING FACILITY, and Other Facility Support Tasks

Meeting Date:

#### Yes

From:

Darby W. Fuerst,

Program

Project Expenditures

General Manager

Line Item No.:

2-3-1 I.

Prepared By:

Kevan Urquhart

Cost Estimate:

$9,125 ## General Counsel Approval:N/A ## Committee Recommendation:The Administrative Committee considered this item on July 14, 2009 and recommended modification and approval. CEQA Compliance: N/A SUMMARY: The Board will consider authorizing the General Manager to enter into a contract with DHDettman, Aquatic Biologist (DHDettman) for an amount not-to-exceed$8,000, to assist with (a) advising staff and contractors on the best approaches to take for emergency repairs necessary to prevent immediate loss of steelhead being reared at the Sleepy Hollow Steelhead Rearing Facility (SHSRF), (b) assisting with a review of an update of the February 2003 List Engineering, Inc. report titled “Sleepy Hollow Steelhead Rearing Facility Sediment Control and Intake Retrofit”, and (c) assisting the Senior Fisheries Biologist in responding to final review comments on the SHSRF’s Rescue and Rearing Management Plan (RRMP) from the National Marine Fisheries Service (NMFS).  District staff selected DHDettman for this work because of the consultant’s familiarity with the design, construction, and operation of the SHSRF.  Based on this experience and expertise, District staff believes that DHDettman will provide the most cost-effective and timely assistance in responding to these issues.

RECOMMENDATION:  Staff recommends that the Board approve expenditure of the funds in the not-to-exceed amount of $8,000, plus a 15% contingency of$1,125 to contract with DHDettman to (1) provide ongoing advice, if needed, on recommended approaches for emergency repairs at the SHSRF, (2) assist District staff in the review and revision of plans to retrofit the water intake at the SHSRF, and (3) assist District staff in the review and revision of the SHSRF’s RRMP, based on final review comments from NMFS.  The contract will be issued for a not-to-exceed amount of \$7,935, with the rest of the authorized funds being reserved for use, if needed.  Any use of the contingency will be reviewed and approved by the General Manager, prior to amending the contract. The Administrative Committee considered this matter at its July 14, 2009 meeting and recommended approval with the addition of the 15% contingency.

IMPACT ON FISCAL AND STAFF RESOURCES:  The funds for the contract proposed in Exhibits 5-A, 5-B, & 5-C are included in the Fiscal Year 2009-2010 budget under Project Expenditures, Line Item No. 2-3-1 I., Consulting Services.  The additional 15% contingency, if utilized, will have to come out of other operational savings in the Fisheries Program.  It is anticipated that the bulk of the work under this contract will be completed in Fall 2009.

BACKGROUND:  The MPWMD operates and maintains the SHSRF as an integral component of the Mitigation Program for the MPWMD Water Allocation Program, and following its mission statement and legislative directive to manage, augment and protect water resources for the benefit of the community and environment. The SHSRF serves as a temporary holding and rearing environment for fish that are rescued from habitats in the lower Carmel River, as the surface flow recedes and the river dries up due to annual groundwater pumping.

In 1997, steelhead in south-central California were listed as threatened under the Federal Endangered Species Act (ESA).  In 2000, the NMFS promulgated Section 4d rules for protecting steelhead.  The District is potentially liable for any unnecessary or negligent loss of steelhead reared at the SHSRF, so must make the utmost effort to keep the SHSRF running effectively, and undertake emergency repairs with due diligence.

One of the primary purposes of this contract is represented by Task #1 in the Scope of Work (Exhibit 5-A) to allow DHDettman to provide on-call advice to staff or the District’s contractors for urgent repairs needed at the SHSRF.  DHDettman is the designer of, and was the project manager for the construction of the SHSRF, so is more familiar with it than any other person.  The rate that DHDettman is proposing for on-call services is similar to and often slightly less than what is charged for emergency response by the available high voltage electrical contractors, generator service repairmen, or agricultural pump and plumbing contractors that the District now normally uses for regular repairs and maintenance at the SHSRF.  In addition, DHDettman’s familiarity with the SHSRF enables him to diagnose problems far faster than any on-call service person could, who might be mostly unfamiliar with the layout of the SHSRF, thereby having to spend considerable time and expense reviewing as-built blueprints or wiring diagrams before beginning repair or diagnosis of the SHSRF’s systems.  DHDettman’s advice will likely accelerate the rate at which the proper repair is made, and likely save considerable costs that would otherwise have to be billed to diagnose the problem by the contractor hired to make the repairs.

Also attached are a Fee Schedule for each task, including the estimated time to be allocated to it, and a not-to-exceed cost for Tasks #1, #2, and #3 (Exhibit 5-B), and a simplified proposed Work Schedule for Tasks #1, #2, and #3 (Exhibit 5-C).

### EXHIBITS

5-A      Scope of Work for DHDettman.

5-B      Fee Schedule provided by DHDettman.

5-C      Work Schedule for DHDettman.

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