ITEM: CONSENT CALENDAR

5. AUTHORIZE EXPENDITURE OF MITIGATION FUNDS FOR EXTRA WORK BY JOHN F. OTTO, INC. FOR INTERIM SEDIMENT RETROFIT PROJECT AT SLEEPY HOLLOW STEELHEAD REARING FACILITY

Meeting Date: October 30, 2003 Budgeted: No

Staff Contacts: Dave Dettman Program/Line Item No.: Aquatic Resources Fisheries, Item F.

General Counsel Approval: N/A Cost Estimate: $4,233

Committee Recommendation: The Administrative Committee reviewed this item on October 14, 2003 and recommended approval.

CEQA Compliance: N/A

SUMMARY: Staff requests authorization to spend $4,233 of Mitigation Program funds to pay for extra work performed by John F. Otto Inc. (JFO) during construction of the Interim Sediment Retrofit Project at Sleepy Hollow Steelhead Rearing Facility (Facility).

RECOMMENDATION: Authorize the General Manager to expend funds not-to-exceed $4,233 for the extra work outside the contract terms and conditions. The Administrative Committee considered this item on October 14, 2003, and recommended approval on a vote of 3 to 0.

BACKGROUND: The District contracted with John F. Otto Inc. to retrofit the intake system at the Facility to better handle increase bedload material, resulting from Cal-Am’s Interim Drawdown Project at San Clemente Dam. John. F. Otto completed three unforeseen tasks, which were not part of the original contractual terms and conditions, including cleaning debris lodged in the intake screen, fabrication of access panels for the fish screen, and the removal, transport and reinstallation of the river pump No. 1. These tasks were time sensitive and had to be completed as part of the retrofit project, or the startup date would have been significantly delayed. At the time, staff was not aware that the extra work would exceed the contracted contingency. Given the concern expressed by CDFG and NOAA-Fisheries regarding potential delays, staff believes the decision to proceed was prudent.

The total cost for this extra work was $11,893, as listed on the attached bill from JFO (Exhibit 5-A). The original contract with JFO, dated January 14, 2003, contained a $8,660 contingency for design work and initial modifications to the Facility. This contingency was credited back to the District with issuance of Amendment No 1, which established a new contingency of $7,760. Application of this amount to the bill leaves a net amount due of $4,233 for the extra work.

IMPACTS TO STAFF/RESOURCES: The original total authorized expenditures for this project were $242,029, including $57,216 for the initial conceptual design and alternatives study by JFO, $178,713 for final design and construction by JFO, $5,100 for hiring an independent backhoe operator by the District, and $1,000 for purchasing shoring materials by the District. Funds up to $3,000 for this project are included in the FY 2003-2004 District Budget, at line 2-4-1,F in the Summary of Project Expenditures on page 47. To date, a total of $238,649 has been expended on the project, leaving $3,380 of unexpended authorized funds. Of the unexpended funds, $3,000 is available from this year’s budget for the extra work, leaving $1,233 to come from Mitigation Fund contingencies to cover the net amount due of $4,233. U:\staff\word\boardpacket\2003\2003boardpacket\20031030\ConsentCalendar\5\item5.doc