Pajaro River Watershed Flood Prevention Authority Board of ... 2014.pdfgilroy city hall . 7351...

Pajaro River Watershed Flood Prevention Authority

Board of Directors Meeting

Agenda

c/o RAPS, Inc.

P.O. Box 809

Marina, CA 93933

(831) 883-3750

LOCATION:

Gilroy City Hall

7351 Rosanna Street

February 7, 2014 9:00 a.m. Gilroy, CA 95020

RECOMMENDED ACTION

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. ORAL COMMUNICATIONS FROM THE PUBLIC

ON ITEMS NOT ON THE AGENDA

5. ORAL COMMUNICATIONS FROM THE BOARD

ON ITEMS NOT ON THE AGENDA

6. ELECTION OF OFFICERS FOR 2014 ELECT

7. FY 2012-13 AGENCY AUDIT ACCEPT -Arleicka Conley

A. Receive presentation on Management’s Discussion and Analysis (MD&A)

from Arleicka Conley, Director of Finance and Administrative Services.

The MD&A provides management’s organizational perspective and

examines PRWFPA’s financial position for FY 2012-2013

and the current fiscal year. (Page 5) B. Receive presentation from Alexander Hom, from Moss, Levy &

Hartzheim, LLP, on PRWFPA’s Draft Audited Financial Statements for

fiscal year (FY) 2012-2013 (separately enclosed).

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8. PRESENTATIONS

A. San Benito Sediment Study ACCEPT -Justin Gragg

Receive a presentation from ESA PWA on the San Benito Sediment Study.

Accept the report (separately enclosed).

9. CONSENT AGENDA APPROVE

A. Minutes of the September 6, 2013 Board of Directors Meeting -Ana Flores

Approve the minutes of the September 6, 2013 Board of Directors meeting.

(Page 7)

B. Minutes of the November 20, 2013 Board of Directors Meeting -Ana Flores

Approve the minutes of the November 20, 2013 Board of Directors meeting.

(Page 9)

C. Approval of Payment to ESA PWA -Lidia Gutierrez

Approve the August 24, 2013 – September 27, 2013 invoice from ESA

PWA for services provided for the Pajaro and San Benito Rivers

Sediment Study. (Page 13)

D. Approval of Payment to Gutierrez Consultants -Lidia Gutierrez

Approve the October 2013 – December 2013 invoice for Lidia Gutierrez’s

work on the Soap Lake Preservation Project. (Page 17)

E. Approval of Payment to RAPS, Inc. -Maura Twomey

Approve the October 2013 – December 2013 invoices for RAPS, Inc.

(3)

F. Financial Update Report -Arleicka Conley

Accept the financial update report which provides an update on PRWFPA's

current financial position and accompanying financial statements. (Page 33)

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10. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION AND

POSSIBLE ACTION

11. ADMINISTRATION

A. Amendment to Contract between PRWFPA and ESA PWA APPROVE

Regarding Cost Overrun -Bruce Laclergue

Approve an amendment to the contract between PRWFPA and ESA PWA

for additional costs in the amount of $4,419.50 related to the geometry

update of the river model. (Page 41)

B. Draft Pajaro River Flood Risk Reduction Project Letter of Support APPROVE -Lidia Gutierrez

Approve the draft Pajaro River Flood Risk Reduction Project

letter of support. (Page 49)

12. PLANNING

A. Pajaro River Project Update INFORMATION -Bruce Laclergue

Receive an update on the status of the following projects.

1. Legislative Support Trip to Washington D.C.

2. Pajaro River Bench Excavation Project and Pajaro River

Risk Reduction Project Update. (Page 55)

13. OTHER BUSINESS

14. ADJOURN

Note: Action listed for each Agenda item represents the staff recommendation. The Board of Directors may, at its

discretion, take any action on the items listed in the Agenda.

If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as

required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132), and the federal rules and

regulations adopted in implementation thereof.

If you have a request for disability-related modification or accommodation, including auxiliary aids or services,

contact AMBAG, at 831-883-3750, or email [email protected], at least 48 hours prior to the meeting date.

Mission: The purpose of the Authority is to identify, evaluate, fund and implement environmentally sound

flood prevention and control strategies in the Pajaro River Watershed, on an intergovernmental,

cooperative basis as required by the Pajaro River Watershed Flood Prevention Authority Act.

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MEMORANDUM

TO: PRWFPA Board of Directors

FROM: Maura F. Twomey, Executive Coordinator

RECOMMENDED BY: Arleicka Conley, Director of Finance and

Administrative Services

SUBJECT: FY 2012-13 Agency Audit/Draft Audited

Financial Statements for FY 2012-2013

MEETING DATE: February 7, 2014

RECOMMENDATION:

Receive presentation from Alexander Hom, CPA from Moss, Levy &

Hartzheim, LLP, on PRWFPA’s Draft Audited Financial Statements for fiscal

year (FY) 2012-2013 and accept the statements.

BACKGROUND/DISCUSSION:

Pursuant to PRWFPA’s by-laws, an independent audit firm performs an

annual financial audit and an opinion is issued on PRWFPA’s financial

position as of the year ended June 30. The Draft Audited Financial

Statements for FY 2012-2013 is for the period ending June 30, 2013.

PRWFPA received an unqualified opinion.

The Draft Audited Financial Statements for FY 2012-2013 (separately

enclosed) are comprised of two sections: Financial Section – this section has the independent auditors’ report

from Moss, Levy & Hartzheim, LLP; the Management Discussion and

Analysis, which is managements’ overview of the PRWFPA’s financial

position; a description of how the budget is adopted and managed;

P.O. Box 809, Marina, CA 93933 Phone: 831.883.3750 FAX: 831.883.3755 www.pajaroriverwatershed.org

Member Agencies:

County of Monterey

County of San Benito

County of Santa Clara

County of Santa Cruz

Monterey County Water

Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District

Santa Cruz County Zone

7 Flood Control District

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identification of any major issues and projections for the future; and the

actual financial statements.

Required Supplementary Information – this section includes budgetary

comparison schedules for the general fund and for each major special

revenue fund that has a legally adopted annual budget.

FINANCIAL IMPACT: The Management Discussion and Analysis section of the Draft Audited

Financial Statements for FY 2012-2013 discloses managements’ perspective

on the financial position of PRWFPA for FY 2012-2013. PRWFPA had a

positive net position of $518,627 representing an increase of $5,844 over the

prior year fiscal year. COORDINATION: AMBAG staff worked with auditors from Moss, Levy & Hartzheim, LLP

prior to, during and subsequent to onsite audit field work to ensure the

timely and successful completion of this audit. ATTACHMENTS:

1. Draft Audited Financial Statements for FY 2012-2013 are separately enclosed.

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MINUTES OF THE PROCEEDINGS OF THE BOARD OF DIRECTORS OF THE

Pajaro River Watershed Flood Prevention Authority PRWFPA September 6, 2013 1. CALL TO ORDER The Board of Directors of the Pajaro River Watershed Flood Prevention Authority, Chair Wasserman presiding, convened at the Watsonville Civic Center Plaza Building, Community Room at 9:10 a.m. on Friday, September 6, 2013. 2. PLEDGE OF ALLEGIANCE Director Wasserman led in the Pledge of Allegiance. 3. ROLL CALL Members – Board of Directors

Representative

Present

Absent

County of San Benito Supervisor Margie Barrios X County of Santa Cruz Supervisor Greg Caput X County of Monterey Supervisor Louis Calcagno X County of Santa Clara Supervisor Mike Wasserman X Monterey County Water Resources Agency Director Silvio Bernardi X San Benito County Water District Director Frank Bettencourt X Santa Clara County Water District Director Dennis Kennedy X Zone 7 Flood Control District Director Nancy Bilicich X City of Gilroy (Associate Member) Saeid Vaziry, Sr. Environ. Engineer X City of Hollister (Associate Member) Councilmember Pauline Valdivia X City of Morgan Hill (Associate Member) Councilmember Marilyn Librers X

Others Present: Lidia Gutierrez, Gutierrez Consultants; Bruce Laclergue, County of Santa Cruz; Carol Presley, SCVWD; Maura Twomey, Arleicka Conley and Ana Flores, Regional Analysis and Planning Services, Inc. (RAPS, Inc.). 4. ORAL COMMUNICATIONS FROM THE PUBLIC ON ITEMS NOT ON THE

AGENDA None. 5. ORAL COMMUNICATIONS FROM THE BOARD ON ITEMS NOT ON THE

AGENDA None. 6. CONSENT AGENDA B. Approval of Payment to ABC Law Firm Invoices for services rendered by ABC Law Firm were approved.

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C. Approval of Payment to Gutierrez Consultants for February 2013 Invoices for services rendered by Gutierrez Consultants in February 2013 were approved. D. Approval of Payment to RAPS, Inc. for February 2013

Invoice for services rendered by RAPS, Inc. in February 2013 was approved.

Motion made by Director Barrios, seconded by Director Bernardi to approve the consent agenda. Motion passed with Director Bilicich abstaining from Item 7.A. Minutes of the March 1, 2013 meeting. 7. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION AND

POSSIBLE ACTION A. San Benito River Study Director Bernardi requested clarification purchased made by ESA/PWA’s on their unit posting log. Lidia Gutierrez, Gutierrez Consultants stated that the Department of Water Resources requires ESA/PWA to submit a summarized expense report along with their invoices for reimbursement. The costs associated with the San Benito River Study are highlighted in red. Motion made by Director Bernardi, seconded by Director Bettencourt to approve the invoices for services rendered on the San Benito River Study. Motion passed unanimously. B. Financial Update Report Director Barrios requested that staff refresh her memory on the transaction with The Nature Conservancy. Brief discussion followed. Motion made by Director Barrios, seconded by Director Bernardi to accept the financial update report. Motion passed unanimously. 8. Other Business No other items were discussed. 9. ADJOURNED The meeting adjourned at 9:28 a.m.

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MINUTES OF THE PROCEEDINGS OF THE BOARD OF DIRECTORS OF THE

Pajaro River Watershed Flood Prevention Authority

PRWFPA November 20, 2013

1. CALL TO ORDER

The Board of Directors of the Pajaro River Watershed Flood Prevention Authority, Chair Wasserman presiding, convened via conference call at 9:15 a.m. on Friday, November 20, 2013.

2. ROLL CALL

Members – Board of Directors

Representative

Present

Absent

County of San Benito Supervisor Margie Barrios X

County of Santa Cruz Supervisor Greg Caput X

County of Monterey Supervisor Louis Calcagno X

County of Santa Clara Supervisor Mike Wasserman X

Monterey County Water Resources Agency Director Silvio Bernardi X

San Benito County Water District Director Frank Bettencourt X

Santa Clara County Water District Director Dennis Kennedy X

Zone 7 Flood Control District Director Nancy Bilicich X

City of Gilroy (Associate Member) Saeid Vaziry, Sr. Environ. Engineer X

City of Hollister (Associate Member) Councilmember Pauline Valdivia X

City of Morgan Hill (Associate Member) Councilmember Marilyn Librers X

Others Present: Lidia Gutierrez, Gutierrez Consultants; Bruce Laclergue, County of Santa Cruz; Carol Presley, SCVWD; Maura Twomey and Ana Flores, Regional Analysis and Planning Services, Inc. (RAPS, Inc.). 3. ORAL COMMUNICATIONS FROM THE PUBLIC ON ITEMS NOT ON THE

AGENDA

None.

4. ORAL COMMUNICATIONS FROM THE BOARD ON ITEMS NOT ON THE AGENDA

None. 5. CONSENT AGENDA

A. San Benito River Study

Invoices for services rendered by ESA PWA from June 29, 2013 – July 26, 2013 and July 27, 2013 and August 23, 2013 were approved.

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B. Approval of Payment to Gutierrez Consultants for August – September 2013

Invoices for services rendered by Gutierrez Consultants in August 2013 and September 2013 were approved.

C. Approval of Payment to RAPS, Inc.

Invoices for services rendered by RAPS, Inc. in August 2013 and September 2013 were approved.

D. Draft 2014 Calendar of Meetings

The 2014 calendar of meeting was approved.

Motion made by Director Kennedy, seconded by Director Barrios to approve the consent agenda. Motion passed unanimously. 6. ADMINISTRATION A. Legislative Support for the Pajaro River Risk Reduction Project Lidia Gutierrez, Gutierrez Consultants reported that the Local Sponsors made up of the counties of Santa Cruz and Monterey, are planning a trip to Washington D.C. in support of the Pajaro River Risk Reduction project. The federal representatives have indicated that lobbying could be improved by demonstrating more regional support for the project from the Authority. The Staff Working Group recommends that one Board member and Lidia Gutierrez the Authority’s consultant join the lobbying trip. The trip will take place in early February 2014 and the Local Sponsors will coordinate the trip through their lobbyist. The cost for the Authority will be approximately $4200.00. Directors Wasserman, Barrios and Caput are not available to go to Washington D.C. Director Kennedy stated that he is available and willing to go on the lobbying trip to Washington D.C. Director Calcagno reviewed the cost of the trip and question what the real cost would be to the Authority as the cost of Ms. Gutierrez’s services were not included in the estimation. Brief discussion followed. Director Wasserman directed staff to draft a summary of the trip to Washington D.C. that includes an itinerary, detailed task list and budget of expenses. Maura Twomey, Executive Coordinator stated that staff will send out the details to the Board in January 2014. Motion made by Director Barrios, seconded by Director Wasserman to approve a legislative support trip to Washington D.C. which will include Director Kennedy and Lidia Gutierrez, consultant to the Authority. Motion passed unanimously.

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7. Other Business

No other items were discussed.

8. ADJOURNED

The meeting adjourned at 9:28 a.m.

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550 Kearny Street

Suite 900

San Francisco, CA 94108

415.262.2300 phone

415.262.2303 fax

www.pwa-ltd.com

memorandum

date October 21, 2013 to Ana Flores, AMBAG; Lidia Gutierrez, Gutierrez Consultants from Justin Gragg subject Summary of services performed August 24, 2013 to September 27, 2013 Attached is ESA PWA’s invoice for services performed from August 24, 2013 to September 27, 2013 for the Pajaro and San Benito Rivers Sediment Study. Please contact me at 707 795 0900 or [email protected] if you have any questions. During this period ESA PWA performed the following services:

Task 2.2 - Sediment Transport Model Run sediment transport model for long-term simulation (WY 1989-2010) Summarize all model results

Task 2.4 - Calculate Sediment Load

Calculate/estimate relative sediment loads from San Benito and Pajaro Rivers Analysis for Draft Technical Memorandum Draft Technical Memorandum

As of this invoice we have billed up to the project limit of $189,000. We are currently over the project budget by approximately $10,900. We will complete delivery of the Final Technical Memorandum and any support for (including attendance and presentation at) the November Board meeting with minimal (if any) additional overage. The vast majority of the budget overage was related to updating the entire model geometry with the 2010 LiDAR data, which included adding 15-plus miles of the San Benito River (vs. just the lower 0.7 miles as originally planned) as well as adding the Lower Pajaro River segment to the model (from the San Benito River downstream to the Chittenden Pass). We had anticipated that the unspent budget from our monitoring task (Task 1.3) would cover these and other add-on tasks that we proposed in the contract modification, but updating the entire model geometry resulted in some unforeseen effort with respect to model stability. The updated geometry comprised a higher number of cross-sections (i.e., higher density) and also a much higher topographic resolution. The model is extremely sensitive to these parameters. As a result we had to expend much more effort than anticipated in “re-stabilizing” the entire model after the geometry update. Overall, we feel that having a completely updated model with a single, common geometry source (vs. cobbled together from different sources as it was before) is valuable, not only for our analysis but also for any future work

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that would make use of the updated model. If the contract mechanism allows, we would like to discuss options for a modification that would cover some or all of the overbudget amount (we can provide a separate invoice showing the overage amount and detailed hours, etc., for informational purposes and for your records).

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Project Manager: Justin Gragg

Ana FloresExecutive AssistantAssociation of Monterey Bay Area Governments445 Reservation Road, #GMarina, CA 93933

October 21, 2013Invoice No: 104993

550 Kearny Street, Suite 800San Francisco, CA 94108

(415) 896-5900

Project D120231.00 Pajaro and San Benito Rivers Sediment StudyProfessional Services from August 24, 2013 to September 27, 2013 Task 0000002 Task 2 Subtask 0000002 Task 2.2 - Sediment Transport Model Professional Personnel

Hours Rate AmountManaging Associate II

Gragg, Justin 31.00 160.00 4,960.00Administrative

Sakai, Logan .75 85.00 63.75Totals 31.75 5,023.75Total Labor 5,023.75

$5,023.75Total this Subtask

Subtask 0000004 Task 2.4 - Calculate Sediment Load Professional Personnel

Hours Rate AmountManaging Associate II

Gragg, Justin 11.00 160.00 1,760.00Senior Administrative

Teitel, Ronald 1.25 105.00 131.25Totals 12.25 1,891.25Total Labor 1,891.25


$6,915.00Total this Task

Billing Limits Current Prior To-Date

Total Billings 6,915.00 182,084.86 188,999.86Limit 189,000.00Remaining .14

$6,915.00TOTAL INVOICE AMOUNT:

Outstanding Invoices

Number Date Balance104129 8/21/2013 6,683.25104519 9/18/2013 19,276.57Total 25,959.82

PAYMENT DUE UPON RECEIPT

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Current Prior TotalBillings to Date 6,915.00 182,084.86 188,999.86

Remit to:

E S AP.O. Box 92170Elk Grove, IL 60009

TIN #: 94-1698350

Page 2PAYMENT DUE UPON RECEIPT

Project 104993D120231.00 Invoice

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118 Diablo Ranch Court Danville, CA 94506 925.766.5294

January 14, 2013 Ms. Maura Twomey, Executive Director Pajaro River Watershed FPA Post Office Box 809 Marina, CA 93933-0809 Dear Maura: Attached is an invoice from Gutierrez Consultants for professional services provided from December 1, 2013 through December 31, 2013. The services were provided in accordance with the Soap Lake Floodplain Preservation Project Contract. The invoice is for a total amount of $1,852.50 and the budget remaining under this authorization is $48,339.00. Sincerely, Lidia Gutierrez Principal

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Bill To:Pajaro River Watershed FPAC/O RAPS,Inc.P.O. Box 809Marina, CA 93933-0809

Invoice

Item Description Quantity Rate AmountFPA Subtask1.9 PartnerFacilit

Participate in conference call with The NatureConservancy (acquisition partner) regarding statusof Soap Lake Ranch acuisition and schedule; reviewremaining easement acquisition budget andremaining properties in the Soap Lake floodplain todevelop potential prioritization strategy foracquisition; review and edit December 2013 StaffWorking Group agenda; prepare for and participatein December 2013 Staff Working Groupteleconference meeting

7 195.00 1,365.00

FPA Subtask1.8 PublicOutreach

Prepare revised draft Legislative Outreach letterexpressing support for floodplain managementactivities

2.5 195.00 487.50

Date01/14/14

Gutierrez Consultants118 Diablo Ranch CourtDanville, CA 94506

Invoice No.601

P.O. Number TermsNet 60

Project

Total $1,852.50

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`

MEMORANDUM



RECOMMENDED BY: Arleicka Conley, Director of Finance &

Administrative Services

SUBJECT: Financial Update Report



Regional Analysis & Planning Services, Inc. (RAPS, Inc.) provides contract

staffing services to the Pajaro River Watershed Flood Prevention Authority

(PRWFPA). The contract includes administrative and financial services for

the Board as well as the Staff Working Group (SWG). The monthly financial

reporting, budget preparation and audit assistance fall within RAPS, Inc.

duties. The Board packet includes the year-to-date financial reports through

December 2013 for FY 2013-2014.

During the months of July through December, PRWFPA incurred routine

operational expenditures for contractual services. The services provided are

summarized as follows:

RAPS, Inc.: Staff Working Group and Board of Director’s agenda

preparation and meeting attendance; accounting and audit related

work.

Moss, Levy & Hartzheim: audit fieldwork, preparation/drafting of the

FY 2012-2013 audit report.

Environmental Science Associates (ESA): Pajaro & San Benito River

Sediment Studies.

Gutierrez Consultants: work associated with the SoapLake Floodplain

Preservation Project and meeting preparation and attendance.


Member Agencies:

County of Monterey





Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District



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The aggregate amount for these services was $89,922.32.

Accounts receivables outstanding as of the end of December 2013 totaled

$233,379.14, consisting of four outstanding invoices to Pajaro Valley Water

Management Agency (PVWMA) for the period of April 2013 through

December 2013 and two outstanding invoices to the Department of Water

Resources for the period of April 2013 through September 2013.

PRWFPA has a cash balance of $401,694.96, which is sufficient to meet all

known obligations. PRWFPA’s Profit and Loss Statement reflects an excess

of revenue over expense of $54,859.20 for the period July 1, 2013 through

December 31, 2013.

RECOMMENDATION:

It is recommended that the Board of Directors receive and accept the annual

financial reports through December 2013.

ATTACHMENTS:

1. December 31, 2013 Balance Sheet

2. July 1, 2013 through December 31, 2013 Profit and Loss Statement

3. December 31, 2013 Accounts Receivable Aging Detail

4. December 31, 2013 Accounts Payable Aging Detail

5. July 1, 2013 through December 31, 2013 Check Register

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Unaudited Pajaro River Watershed Flood Prevention Auth.

Balance Sheet As of December 31, 2013

December 31, 2013

ASSETS

Current Assets

Checking/Savings

Cash in Bank Checking 273,754.96

LAIF Account 127,940.00

Total Checking/Savings 401,694.96$

Other Assets

Accounts Receivable 133,782.11

Accounts Receivable- Retention 99,597.03

Total Other Assets 233,379.14

TOTAL ASSETS 635,074.10$

LIABILITIES & EQUITY

Liabilities

Current Liabilities

Accounts Payable 27,628.85

Total Current Liabilities 27,628.85

Long-Term Liabilities

Retention Payable 33,958.80

Total Long-Term Liabilities 33,958.80

61,587.65$

Equity

Fund Balance 12,277.37

Retained Earnings 506,349.88

Net Income/(Loss) 54,859.20

Total Equity 573,486.45

TOTAL LIABILITIES & EQUITY 635,074.10$

Total Liabilities

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aflores

Typewritten Text

ATTACHMENT 1


Profit & Loss July 2013 - December 2013

July 2013 - December 2013

Ordinary Income/Expense

Income

Interest 118.50

Proposition 50 52,088.70

Proposition 84 32,874.82

Member Dues 64,000.00

Total Income 149,082.02$

Gross Profit 149,082.02

Expense

Audit Expense 4,600.00

Gutierrez Consultants-Soap Lake Project 26,541.00

Environmental Science Associates (ESA) 32,874.82

Administrative Services - RAPS 25,906.50

Insurance 1,359.00

Other Expense

Web Hosting Costs 149.70

Legislative Conference Support 2,791.80

Total Other Expense 2,941.50

Total Expense 94,222.82$

Net Income/(Loss) 54,859.20$

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aflores

Typewritten Text

ATTACHMENT 2


A/R Aging Detail As of December 31, 2013

Date Num Name Due Date Open Balance

06/28/2013 130 DWR C/O San Benito Co. Water Dist. 09/26/2013 21,510.40

06/30/2013 131 PVWMA 09/28/2013 27,643.36

06/30/2013 132 PVWMA 09/28/2013 8,161.19

09/30/2013 133 DWR C/O San Benito Co. Water Dist. 12/29/2013 29,587.34

09/30/2013 134 PVWMA 12/29/2013 32,515.51

12/31/2013 136 PVWMA 03/31/2014 14,364.31

TOTAL 133,782.11$

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aflores

Typewritten Text

ATTACHMENT 3


A/P Aging Detail As of December 31, 2013

Date Num Name Due Date Open Balance

09/27/2013 104993 Environmental Science Associates 09/27/2013 6,915.00

10/31/2013 588 Gutierrez Consultants 02/28/2014 5,171.70

10/31/2013 897 Regional Analysis & Planning, Inc. 02/28/2014 2,006.00

11/22/2013 2816 Moss, Levy & Hartzheim 12/22/2013 2,000.00





12/14/2013 48708643 AMBAG 12/14/2013 24.95

12/31/2013 2924 Moss, Levy & Hartzheim 01/30/2014 2,600.00

TOTAL 27,628.85$

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Typewritten Text

ATTACHMENT 5

THIS PAGE IS

INTENTIONALLY BLANK

40 of 56

`

MEMORANDUM



RECOMMENDED BY: The Staff Working Group

SUBJECT: Amendment to Contract between PRWFPA and

ESA PWA Regarding Cost Overrun


RECOMMENDATION:

The Staff Working Group recommends that the Board approve an

amendment to the contract between PRWFPA and ESA PWA for additional

costs in the amount of $4,419.50 related to the geometry update of the river

model.


The PRWFPA contracted with ESA PWA to perform a Sediment Study of

the Pajaro and San Benito Rivers. Services provided under the terms of the

contract included installation of flow gages on the Pajaro and San Benito

Rivers, sediment and flow sampling, a topographic survey of the Pajaro and

San Benito Rivers, and updating, validating and calibrating the Sediment

Transport Model. The contract was for the period January 20, 2012 through

December 31, 2013 and the total amount payable was $189,000, of which

$103,100 is reimbursable from the Department of Water Resources through

Proposition 84 grant funding.

ESA PWA has completed all contract deliverables, including the Final

Technical Memorandum/Report presented at today’s Board meeting. As of

the last invoice submitted, ESA PWA has invoiced the project limit of

$189,000. However, ESA PWA incurred $9,839 of costs in excess of the

contract limit, primarily related to an update of the entire model with the


Member Agencies:

County of Monterey





Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District



41 of 56

2010 geometry data and additional model runs to produce a stable working

model. These tasks were not authorized under the terms of the contract.

ESA PWA did not obtain the required prior approval of the Staff Working

Group and the Board and that the PRWFPA is not liable for costs in excess of

the contract maximum. ESA PWA performed this additional work in the

belief that a stable and updated model with a single, common geometry

source is valuable and ultimately leads to more accurate results, not just for

this study but for any future work that uses the model. ESA PWA exceeded

the contract limit at its own risk, without the prior authority of the Staff

Working Group and the Board.

The Staff Working Group reviewed the additional work performed by ESA

PWA and determined that the model provides the PRWFPA and the

member agencies with a superior and valuable tool. However, the Staff

Working Group acknowledges that ESA PWA inappropriately exceeded the

maximum contract amount without the prior reviewed by the Staff Working

Group and approval of the Board. Therefore, the Staff Working Group

recommends that the Board approve a contract amendment to reimburse

ESA PWA $4,419.50, one half of the total cost overrun of $9,839. The Staff

Working Group believes that this is a fair and good faith reimbursement,

given the value of the final product and performance of the consultant.

The additional study costs of $4,419.50, if authorized, will come from

Authority reserves.

ALTERNATIVES:

1. The Board can approve reimbursement of the full amount of the cost

overrun, $9,839.

2. The Board can deny reimbursement of the cost overrun.

ATTACHMENTS:

1. ESA PWA Memo

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550 Kearny Street

Suite 900

San Francisco, CA 94108

415.896.5900 phone

415.896.0332 fax

www.esassoc.com

memorandum

date 1/9/2014 to Lidia Gutierrez (Gutierrez Consultants); Maura Twomey (AMBAG); PRWFPA Staff Working Group from Justin Gragg subject Pajaro and San Benito Rivers Sediment Study – ESA PWA Budget Overrun Description

As of the last invoice (September 2013) ESA PWA had billed up to the project limit of $189,000. We have completed delivery of the Final Technical Memorandum/Report, but we are currently over the project budget by approximately $9,839. This project overrun is primarily related to the geometry update of the entire model and some of the model stability issues that ensued. Given the availability of recent (2010) LiDAR data, and that the dry winter (WY 2013) had left some budget in the monitoring task (Task 1.3), we felt that going ahead and updating the entire model with the 2010 geometry data (including adding a section of the Lower Pajaro River) made sense moving forward, as we had outlined in the previous contract modification.1 We had anticipated that the unspent budget from our monitoring task (Task 1.3) would cover this and other add-on tasks that we proposed in the previous modification, but updating the entire model geometry resulted in some unforeseen effort, primarily with respect to data processing/extraction and model stability.

Below is an outline and brief description of the additional work completed that was beyond the effort scoped, a best-estimate of the level of effort expended beyond the scope, and a brief explanation of how it helped to improve the model and the report:

1) San Benito River (model geometry; bed change comparison) We extracted and added updated cross-section data (2010 LiDAR) from river mile (RM) 1.4 to 12.4 (the upstream model extent) (vs. just the lower 1.4 miles as originally planned). We increased the number of cross-sections compared to the original model, i.e., we added 116 cross-sections between RM 1.4 and 12.4 (vs. 43 cross-sections for this reach in the original model). Estimated effort beyond that scoped: ~16 staff hours.

Benefit to the Model/Report: Overall, we feel that having a completely updated model with a single, common geometry source (vs. cobbled together from different sources as it was before) is valuable and ultimately leads to more accurate results, not only for our analysis but also for any future work that would make use of the updated model. As apparent from Figure 7 in our report, the bed elevation on parts of the San Benito River has shifted notably between 2000 and 2010. Thus, using the 2000 data at this point would not reasonably approximate the existing condition geometry and could lead to differences in the sediment transport estimates that are attributable 1 The previous contract modification involved reallocation of budget among tasks; the overall project budget was not changed.

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aflores

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ATTACHMENT 1

in large part simply to the differences in geometry. This also allowed for the assessment of recent bed elevation changes along the entire study reach (i.e., the lower 12 miles of the San Benito) between 2000 and 2010 – which showed that the lower portion of the study reach may be relatively stable, while the upper portion continues to incise to some degree.

2) Lower Pajaro River (model geometry) We extracted and added cross-section data (2010 LiDAR) for the reach of the lower Pajaro River extending from the San Benito River confluence downstream to the Chittenden Pass (Pajaro River RM 20.15 to 16.01). The lower Pajaro River was not included in the previous model. Estimated effort beyond that scoped: ~4 staff hours.

Benefit to the Model/Report: The lower Pajaro River model reach was not included in the previous model or in the original scope. Extending the model to include the lower Pajaro River allowed for a much more direct comparison between model output and the observed sediment data at the USGS gage at Chittenden, thereby allowing us to better assess the reasonableness of model results. Further, extending the model in this way allowed for an assessment/estimate of the amount sediment stored within the lower Pajaro River upstream of the Chittenden Pass, which is valuable from the standpoint of assessing how sediment moves from the San Benito River mouth downstream to the Pajaro lowland areas (e.g., Watsonville area).

3) Upper Pajaro River (bed change comparison) We extracted and added cross-section data (2010 LiDAR) for the reach of the upper Pajaro River extending from the San Benito River confluence upstream to just above Highway 101 (Pajaro RM 20.15 to 22.33). The model runs did not include the upper Pajaro River, the inclusion and calibration of the upper Pajaro River will be much easier in the future, and this also allowed for comparison of bed change (e.g., incision or aggradation) over time on the upper Pajaro River (see Figures 9 and 10 in our report). Estimated effort beyond that scoped: ~4 staff hours.

Benefit to the Model/Report: Though the model was not run for the upper Pajaro River (this was never really entertained or scoped), the inclusion and future calibration of the upper Pajaro River within the model will be much easier since the geometry has already been included. Further, extracting cross-sections from the 2010 LiDAR allowed for the comparison of bed change (e.g., incision or aggradation) over time on the upper Pajaro River (see Figures 9 and 10 in our report), which was an issue that had previously concerned the Staff, specifically with respect to the potential implications on channel stability and bed elevation at the mouth of Soap Lake.

4) Additional Model Runs Updating the entire model geometry resulted in unforeseen additional effort with respect to model stability. The updated geometry comprised a higher number of cross-sections (i.e., higher density) and also a much better topographic resolution. The model routines (hydraulics and sediment transport) are extremely sensitive to these parameters. As a result we had to expend much more effort than anticipated in “re-stabilizing” the entire model after the geometry update. This included the need to readjust the mobile boundaries of the cross-sections, cull-out problematic cross-sections, re-execute model runs that had been completed prior to the geometry update (e.g., steady flow profiles), and generally assess a larger number of output sections/data. Estimated effort beyond that scoped: ~32 staff hours.

44 of 56

Benefit to the Model/Report: We developed a model comprised of recent, high-resolution geometry data from a common source, and the model is stable over the suite of hydrographs assessed (e.g., 100 cfs up to the 100-year flow).

5) Bed Sediment Samples Additional bed sediment samples were collected at 5 locations during the field reconnaissance of the lowermost portion of the San Benito River (RM 0.0 to 1.4) in June of 2012. The samples were held in storage and not processed until August of 2013. The cost of the laboratory analysis (grain size distribution) was approximately $604 (after our mark-up); this cost was not included in our original scope.

Benefit to the Project/Report: Based upon background information and our field reconnaissance, it seemed clear that this lowermost portion of the San Benito River had a distinctly coarser bed compared to the upstream reaches (on average). The results of the grain size analysis confirmed and quantified this distinction, and we used this grain size information to more accurately parameterize the model.

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Project Manager Justin Gragg

Ana FloresExecutive AssistantAssociation of Monterey Bay Area Governments445 Reservation Road, #GMarina, CA 93933

January 9, 2014Invoice No: <Draft>

550 Kearny Street, Suite 800San Francisco, CA 94108

(415) 896-5900

Project D120231.00 Pajaro and San Benito Rivers Sediment StudyProfessional Services through December 27, 2013 Task 0000002 Task 2 Subtask 0000002 Task 2.2 - Sediment Transport Model Professional Personnel

Hours Rate AmountSenior Director I - Eng.

Collison, Andrew 5.00 215.00 1,075.00Managing Associate II


Laxamana, Lisa .25 105.00 26.25Totals 27.25 4,621.25Total Labor 4,621.25


Subtask 0000004 Task 2.4 - Calculate Sediment Load Professional Personnel

Hours Rate AmountSenior Director I - Eng.

Collison, Andrew 3.00 215.00 645.00Managing Associate II


Teitel, Ronald 1.75 105.00 183.75Totals 28.25 4,588.75Total Labor 4,588.75


$9,210.00Total this Task

Task 0000600 ESA PWA Reimbursables Reimbursable Expenses

Project Materials 525.00Total Reimbursables 1.15 times 525.00 603.75

PAYMENT DUE UPON RECEIPT

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In-House Reimbursable Billing

HP Plotter per PagePWA - PRINTING: HP PLOT / ANSI D (22x34) 1.0 Page @ 25.00 25.00

Total In-House Reimbursables 1.0 times 25.00 25.00

$628.75Total this Task

$9,838.75Total this Invoice

Outstanding Invoices

Number Date Balance104993 10/21/2013 6,915.00Total 6,915.00

Current Prior TotalBillings to Date 9,838.75 188,999.86 198,838.61

Remit to:

E S AP.O. Box 92170Elk Grove, IL 60009

TIN #: 94-1698350

Page 2PAYMENT DUE UPON RECEIPT

Project <Draft>D120231.00 Pajaro and San Benito Rivers Sediment St Invoice

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THIS PAGE IS

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48 of 56

MEMORANDUM

TO: Board of Directors

FROM: Lidia Gutierrez, Gutierrez Consultants

SUBJECT: Draft Pajaro River Flood Risk Reduction Project Letter

of Support


BACKGROUND:

The Pajaro River Watershed Flood Prevention Authority (Authority) was

established by the California State Legislature in 2000 to “identify, evaluate,

fund and implement flood prevention and control strategies in the Pajaro

River Watershed on an intergovernmental basis.” To accomplish this goal,

the Authority’s Board of Directors has committed to supporting the Pajaro

River Flood Risk Reduction Project, including supporting the effort to secure

the necessary federal funding to continue project planning, engineering and

environmental documentation. Staff is recommending that this support

involve a letter signed by all eight Authority member agencies, submitted to

the federal senators and legislators representing the Pajaro River Watershed.

DISCUSSION:

The Pajaro River Risk Reduction Project is a joint effort between the Corps

and the Local Sponsors (Santa Cruz and Monterey Counties). Inconsistent and

inadequate federal funding has severely delayed the development of a Corps

flood protection strategy, leaving the Pajaro Valley at significant risk of

additional flooding, threats to life and safety, and continued economic damages. In an effort to increase federal funding, the Authority has submitted a letter

of support to federal senators and legislators expressing the critical funding

needs for the project. The Authority staff is recommending that Authority

Board representatives submit another letter of support to Senator Feinstein,

Senator Boxer, and to the appropriate Senate and Congressional members.


Member Agencies:

County of Monterey





Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District



49 of 56

BOARD ACTION:

Recommend approval.

ATTACHMENT:

1. Draft Pajaro River Flood Risk Reduction Project Letter of Support

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February __, 2014

The Honorable Barbara Boxer

United States Senate

112 Hart Senate Office Building

Washington D.C., 20510

SUBJECT: Request Assistance for Pajaro River Flood Risk Reduction

Project Funding

Dear Senator Boxer:

On behalf of the Pajaro River Watershed Flood Prevention Authority (FPA), we

are writing to request your assistance on federal funding for the Pajaro River

Flood Risk Reduction Project. The FPA has been very appreciative of your

support for this project over the years, and given the critical nature of the

flooding situation, we hope that you would be willing to assist us in making our

case to the Assistant Secretary of the Army and to the Office of Management

and Budget that our project should be recommended for funding in the 2014

Army Corps Work Plan.

The FPA was established by the California State Legislature in 2000 to

“identify, evaluate, fund and implement flood prevention and control strategies

in the Pajaro River Watershed on an intergovernmental basis.” The Pajaro

River watershed encompasses a 1,310 square mile region terminating in the

Monterey Bay. The FPA is made up of the four counties and flood management

agencies in the watershed, including:

County of Santa Clara Santa Clara Valley Water District

County of San Benito San Benito County Water District

County of Santa Cruz Santa Cruz County Zone 7 Flood Control District

County of Monterey Monterey County Water Resources Agency

The two upper watershed counties (Santa Clara and San Benito) make up the

majority of the land area in the watershed but the most significant flooding

occurs in the two lower watershed counties (Santa Cruz and Monterey). This

geographical nature of the watershed made it critical that a Joint Powers

Authority representing the entire watershed work together to develop a

sustainable flood protection strategy. The eight Directors of the FPA represent

the interests of their respective counties and flood districts but share the regional

support of the Pajaro River Flood Risk Reduction Project.


Member Agencies:

County of Monterey





Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District



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ATTACHMENT 1

The existing Pajaro River levee system was constructed in 1949 by the Army Corps of

Engineers and currently only provides 8-year storm level of flood protection along the

river and 5-year storm level of flood protection along the tributary creeks. Given these

extremely low levels of storm protection, our community has the lowest level of flood

protection of any federal project in the state of California. Since its construction, the

region has experienced six major floods, including the 1995 catastrophe that caused over

$95 million in damages.

Unfortunately, inconsistent and inadequate funding has severely delayed the development

of an Army Corps of Engineers flood protection strategy, leaving our community at

significant risk of additional flooding, threats to life and safety, and continued economic

damages. The funding deficiencies are demonstrated in the table below showing federal

funding for the last five years.

Fiscal

Year

President’s

Request

House

Approved

Senate

Approved

Final

Enacted

2014 Excluded from

Corps Work Plan N/A N/A N/A

2013 $0 $0 $0 $0

2012 $0 $0 $0 $0

2011 $0 $750,000

Subcommittee

$300,000

Full Committee

$300,000

Continuing Resolution

2010 $0 $1,000,000 $300,000 $583,000

In an effort to continue to move towards adequate flood protection for the Pajaro River

Watershed, the FPA and Local Sponsors of the Army Corp project have made the

following investments in flood protection strategies and Army Corps planning and design

efforts:

1. Local Sponsor financial contributions totaling $2,287,800

2. Pajaro River Bench Excavation Project

3. Soap Lake Floodplain Preservation Project

Financial Contributions

Due to the lack of Federal funding to continue the Army Corps planning and engineering

work, the Local Sponsors, along with the City of Watsonville, have made the following

financial contributions to allow the Corps to continue their work:

Year Amount

2008 $950,000

2010 $180,000

2011 $350,000

2012 $362,000

2013 $445,800

Total $2,287,800

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Pajaro River Bench Excavation Project

Due to the significant delays caused by a lack of Federal funding, it was critical for the

Local Sponsors to provide some level of immediate flood relief. This was accomplished

through the implementation of the Pajaro River Bench Excavation Project, which

involves the removal of approximately 300,000 yards of sediment from the river. The

project results in the movement of up to 20% more water, relieving the magnitude and

severity of flooding. The total project cost is approximately $8 million and is funded by

State grants and Local Sponsor contributions. The project will be completed in 2014.

Soap Lake Floodplain Preservation Project

Recognizing that a sustainable flood protection strategy is best delivered through a

watershed approach, the FPA is implementing the Soap Lake Floodplain Preservation

Project in the upper watershed. The 9,100-acre Soap Lake floodplain provides significant

flood detention benefits for the Pajaro River. The 100-year flood flows along the Pajaro

River are approximately 42,000 cubic feet per second (cfs). Without the Soap Lake

floodplain, the flows would increase by approximately 16,000 cfs, resulting in an

estimated $100 million project cost increase in the lower watershed. To protect the

floodplain benefits, the FPA is financially contributing to the acquisition of flood

easements in the Soap Lake area. Easements are acquired through funding from the State

and local land conservation groups.

In addition to the economic burden from flooding, the community is faced with FEMA

flood insurance rates that are continuing to increase annually, exacerbating the burden on

the severely economically disadvantaged City of Watsonville and Town of Pajaro. Until

the Army Corps of Engineers can provide adequate flood protection, our communities

will be burdened with increasingly unaffordable flood insurance.

The Pajaro River watershed continues to be at significant risk of flooding and Federal

funding is critically needed to continue the Army Corps planning and design work to

develop an adequate flood protection strategy. As demonstrated, the Local Sponsors have

provided as much financial contribution and flood protection as possible but desperately

need the Federal funding support to complete the project. Thank you for your continued

support.

Sincerely,

_________________________________ ______________________________

Mike Wasserman, County of Santa Clara, Greg Caput, County of Santa Cruz

_________________________________ ______________________________

Louis Calcagno, County of Monterey Margie Barrios, County of San Benito

_________________________________ ______________________________

Silvio Bernardi, Monterey County Frank Bettencourt, San Benito County

Water Resources Agency Water District

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_________________________________ ______________________________

Dennis Kennedy, Santa Clara Valley Nancy Bilicich, Santa Cruz County

Water District Zone 7 Flood Control

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MEMORANDUM

TO: Board of Directors

FROM: Lidia Gutierrez, Gutierrez Consultants

SUBJECT: Pajaro River Project Update


BACKGROUND:

The Pajaro River has suffered several major floods over the past few decades

due to inadequate capacity of the existing levee system and the maintenance

of the channel. The local agencies have been working with the Army Corps

of Engineers (Corps) to design and implement the Pajaro River Risk

Reduction Project (Project) to provide the critically needed flood protection

for the Pajaro Valley. Until the Project is completed, the Pajaro Valley will

be alarmingly under-protected. Additionally, the local agencies continue to

implement the Pajaro River Bench Excavation Project to offer some

immediate relief from potential flooding. Staff will provide an update to the

Board on both the Pajaro River Flood Risk Reduction Project and the Pajaro

River Bench Excavation Project.

DISCUSSION:

The local agencies continue to work with the Corps to identify and analyze

the National Economic Development (NED) plan. The NED plan is the

Project alternative with the greatest net economic benefit based on a Corps

formulation, evaluation and selection process. The NED analysis also

establishes the financial costs of implementing the plan. This cost estimate is

critical to the local agencies because it becomes the basis for which all locally


Member Agencies:

County of Monterey





Resources Agency

San Benito County

Water District

Santa Clara Valley

Water District



55 of 56

preferred plans and enhancements are measured against for Federal cost sharing

requirements. Staff will provide the Board with an update on current technical issues

associated with development of the NED and implications to the project schedule and

locally preferred plans. The Authority Board committed to supporting the local

agencies through participation in lobbying trip to Washington D.C. However, the

lobbying trip has been delayed as these technical issues are being resolved. Staff will

provide additional detail regarding the lobbying trip when available.

The local agencies continue to implement the Pajaro River Bench Excavation Project.

The Project is designed to improve the flood carrying capacity and relieve the

magnitude and severity of potential flooding of the Pajaro River by excavating excess

sediment from select locations. Sediment removal is complete and work continues on

sediment management and revegetation. Staff will provide additional detail regarding

the project status.

BOARD ACTION:

Informational item only

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