Subject: SECOND AMENDMENT TO AGREEMENT WITH H.T. HARVEY AND ASSOCIATES

RECOMMENDATION

Approval of the second amendment to the professional services agreement with H.T. Harvey and Associates for Salt Marsh Conversion Assessment, extending the term for one year, amending the scope of services to include vegetative mapping services for Year 2002, and increasing the compensation by $79,500 from $375,000, for a total amount not to exceed $454,500.

BACKGROUND

The San Jose/Santa Clara Water Pollution Control Plant (Plant) has provisions in its National Pollutant Discharge Elimination System (NPDES) permit to monitor marsh vegetation potentially influenced by its effluent discharge. This amendment will allow for the continuation of the marsh vegetation mapping for 2002. The City began mapping South Bay marsh vegetation in the vicinity of the Plant’s discharge in 1989. The current five-year NPDES permit cycle ends in June 2003. In addition to vegetation assessment, this contract includes monitoring of the tidal elevations and salinity as well as soil sampling in the root zones of the marsh vegetation.

ANALYSIS

The existing contract, executed on June 22, 1999, provided for marsh vegetation mapping and assessment services for 1999 and 2000, as well as additional studies of the South Bay marsh soils, and tidal channels designed to better understand the annual changes observed in the marsh habitat. The first amendment, executed on April 24, 2001, extended the vegetation mapping services through December 31, 2001. This amendment will provide for the final marsh vegetation mapping requirement in the current permit.

PUBLIC OUTREACH

The City's South Bay marsh studies have been part of a broad stakeholder involvement process, and coordinated through resource agencies at the federal, state and local levels.

COORDINATION

The project has been coordinated with the Office of the City Attorney. This item is scheduled to be heard at the December 10, 2001, Treatment Plant Advisory Committee meeting.

COST IMPLICATIONS

The cost of this amendment is $79,500. This would increase the amount from $375,000 to $454,500. Existing funds are available for this purpose.

BUDGET REFERENCE

Fund: Treatment Plant Operating Fund – (513)

Amount: $454,500

Budget Document: FY 2001-02 Adopted Operating Budget

Page 139

CEQA

Exempt.

CARL W. MOSHER

Director, Environmental Services Department