Inter-Departmental Correspondence

Department of Public Works



November 18, 2009


December 1, 2009







Honorable Board of Supervisors


James C. Porter, Director of Public Works


Agreement with Biological Consultant - Crystal Springs Dam Bridge Replacement Project Federal Aid Project No. BROS-0081-011 (04-5935) (Project No. R1103, File No. F-151 [7D])



Adopt a Resolution waiving the Request for Proposal (RFP) process and authorizing the execution of an agreement with Swaim Biological, Inc. (Swaim), not to exceed $233,000 for Biological Services related to the Crystal Springs Dam Bridge (CSDB) Replacement Project, from the date of execution, December 1, 2009, through June 30, 2013.



The Department of Public Works previously entered into an Independent Contractor Agreement with Swaim for biological services for the CSDB Replacement Project, which included revising a previously issued Biological Opinion for the United States Fish and Wildlife Service (USFWS), evaluating a mitigation plan for the threatened and endangered species, and consulting with the regulatory agencies associated with the County’s CSDB Replacement Project. Swaim is also working with the San Francisco Public Utilities Commission (SFPUC) on their Lower Crystal Springs Dam Improvements (LCSDI) project.



Pursuant to controlling legal requirements, the County must perform field surveys and provide annual reports regarding the effectiveness of the Mitigation Monitoring Plan as it relates to predator control for the California Red Legged Frog. Swaim’s historical knowledge and experience working with the County, the SFPUC and regulatory agencies on the CSDB Replacement Project and the SFPUC's LCSDI project allow it to perform the proposed work in an efficient and cost effective manner.


Swaim is experienced in working with the USFWS and the California Department of Fish and Game management, which is required for the County’s project. This is a highly specialized field and Swaim is one of very few experts that know and understand the California Red-Legged Frogs (CRLF) and the San Francisco Garter Snakes (SFGS) within the SFPUC’s watershed areas.


Swaim’s work and familiarity of both the County’s and the SFPUC’s projects will significantly and positively influence the progression of the field work associated with the environmental aspects of the County’s Project. Waiving the RFP process will allow the County to adhere to the CRLF Mitigation and Monitoring Plan (MMP) timeline as described in detail in USFWS’s amended Biological Opinion prepared by Swaim, which is to commence in December 2009 and perform the required CSDB biological monitoring during the bridge demolition phase which is anticipated to commence in April 2010. Field surveys and annual reports regarding the effectiveness of the MMP with respect to predator control of the CRLF are required and must be submitted annually to the USFWS beginning in the winter of 2009 and continuing through 2012 (three years). Swaim’s involvement with respect to performing the field surveys, submitting the surveys, and completion of the annual reports is important for the continuity of the information that has been gathered to date as well as the information that must be gathered. Swaim’s knowledge of the County’s Project and associated environmental requirements prior to, during, and after the bridge demolition phase is pertinent to the success of this Project. The Department of Public Works, however, plans to proceed with a Request for Proposal (RFP) process for selecting a biological consultant to perform the required biological monitoring work for the new bridge construction phase which is anticipated to commence in 2012.


County Counsel has reviewed and approved of the Resolution and Agreement as to form.


Adoption of this action contributes to the Shared Vision 2025 outcome of an Environmentally Conscious Community by retaining a qualified biological consultant that is familiar with the Project to act as an on-site biological monitor to oversee the mitigation measures including the permanent relocation of the CRLF egg masses onto SFPUC’s property.



The Agreement specified a “Not to Exceed,” amount of $233,000 for all specified tasks. Biological Services costs will be eighty-eight and 53/100 percent (88.53%) reimbursable by the Federal Highway Bridge Replacement and Rehabilitation Program. Sufficient County Road Funds have been budgeted to finance the local match portion of this Project.


The Project is proposed to be financed as follows:


County Road Fund



Federal Funding



Agreement Not to Exceed Amount



There is no impact to the General Fund