CC 2013-10-08_08.e. Agreement - Leanna Drive Creek CrossingMEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKS
BY: SHANE TAYLOR, PUBLIC WORKS SUPERVISOR -UTILITIES
SUBJECT: CONSIDERATION TO APPROVE A CONSULTANT SERVICES
AGREEMENT FOR THE LEANNA DRIVE CREEK CROSSING
WATERLINE UPGRADE PROJECT
DATE: OCTOBER 8, 2013
RECOMMENDATION:
It is recommended the City Council:
1. Approve a consultant services agreement with Cannon Corporation in the
amount of $83,508.00;
2. Authorize the City Manager to approve change orders up to 10% of the
contract amount, $8,350.00, for additional work and unanticipated costs
during the design and environmental review process (total contract costs =
$83,508 + $8,350 = $91,858);
3. Appropriate $38,500 from the Water Fund to cover the costs for the
agreement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The current CIP budget for design of this project is $55,800. An additional $38,500 will
be required based on the proposal. The entire project cost is estimated to be $486,000.
An additional appropriation may be necessary in FY 2014/15 to construct the project.
Implementation of the recommendation will require 40 staff hours and is programmed in
the Department's work plan for the fiscal year.
BACKGROUND:
This project was identified in the 2012 Water System Master Plan as the highest priority
project. The existing 8" cast iron pipe encased in concrete was installed in 1960 under
the Arroyo Grande Creek bed. The water main encasement has now been exposed to
creek flow completely and is subject to cracking and failure. A sewer force main was
also installed next to the water main and the encasement has broken and failed. The
force main was abandoned in place in 1970.
The water line is one of two connections to customers in the Valley Gardens housing
tract. The line is important for system redundancy and reliability.
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION TO APPROVE A CONSUL TANT SERVICES AGREEMENT FOR THE
LEANNA DRIVE CREEK CROSSING WATERLINE UPGRADE PROJECT
OCTOBER 8, 2013
PAGE2
On July 16, 2013, a Request For Proposals for design and construction support
services for the Leanna Drive Creek Crossing Waterline project was sent out to
engineering firms. The scope of work for the proposing engineering firms was to
evaluate the need for removal of the existing encasement from the creek and replace
the 8" waterline with a new 12" high density polyethylene (HDPE) pipe. By August 13,
2013, six (6) proposals were received and evaluated by staff. The proposals were
"short-listed" to the top three (3) consultant firms that were interviewed by an in-house
selection team. Following a ranking process of the submitted Statements of
Qualification and on the results of the in-person interviews, Cannon Associates was
determined to be the most qualified consultant firms for this particular project.
ANALYSIS OF ISSUES:
The abandonment of the existing 8" water . main and concrete encasement and
replacement with a new HDPE main, which will be installed using horizontal directional
drilling (HDD) under the creek, is the recommended solution to the existing situation.
The environmental impacts of the water main failing could be severe and potentially
lead to a "take" of endangered species.
The need for removal of the encasements will be determined during the environmental
review phase of this project. The encasements are currently not listed as a fish
passage barri.er. The abandonment in place will be one of the goals of the project.
Abandonment in place will eliminate the need for construction work in the creek channel
and significantly reduce potential environmental impacts, permitting requirements and
mitigation efforts.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1 ) Approve a consultant services agreement to Cannon Corporation;
2) Leave the main encasing as is at this time and do nothing; or
3) Provide direction to staff.
ADVANTAGES:
The replacement of the exposed main by HDD under the creek bed will provide our
distribution system the required reliability. This will eliminate the chance of the existing
main breaking and leaking vast amounts of chloraminated water into the creek.
DISADVANTAGES:
The only disadvantage will be the cost which is projected to be $486,000.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.e. - Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE A CONSUL TANT SERVICES AGREEMENT FOR THE
LEANNA DRIVE CREEK CROSSING WATERLINE UPGRADE PROJECT
OCTOBER 8, 2013
PAGE3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 3, 2013. The
Agenda and staff report were posted on the City's website on Friday, October 4, 2013.
Attachments:
1 . Consultant Services Agreement
Item 8.e. - Page 3
AGREEMENT FOR CONSUL TANT SERVICES
THIS AGREEMENT, is made and effective as of 2013, between
CANNON CORPORATION ("Consultant"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation ("City"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on , 2013 and shall remain
and continue in effect until , 2014, unless sooner terminated pursuant to
the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit "A", attached hereto and incorporated h~rein by this
reference.
3. PER~ORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practic~s utilized by persons
engage<.! in providing similar services as are required of Consultant hemunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Public Works Director shall represent City in all matters pertaining to the
administration of this Agreement. Larry Kraemer shall represent Consultant in all
matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAl)SE
(a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Cor.~ultant shall
immediately cease all work under this Agreement, unless the notice provirjes otherwise.
If the City suspends or terminates a portion of this Agreement such su~pension or
termination shall not make void or invalidate the remainder of this AgreemPi 1c.
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Item 8.e. - Page 4
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant's business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may ,be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant's
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Item 8.e. - Page 5
performance , under this Agreement, or the conduct of the services under this
Agreement;
(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City's Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to .
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. Notwithstanding
anything herein to the contrary, to the fullest extent permitted by law for all design
professional services arising under this Agreement, Consultant shall indemnify, protect,
defend and hold harmless City and any and all of its officials, employees and agents
from and against any and all losses, liabilities, damages, costs and expenses, including
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Item 8.e. - Page 6
attorney's fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant.
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "C" attached hereto and
incorporated herein as though set forth in full.
13. INDEPENDENT CONSUL TANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, or agents, except
as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, ·or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder. ·
14. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
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Item 8.e. - Page 7
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subcontractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to inter~ogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States. Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City:
To Consultant:
City of Arroyo Grande
Geoff English, Public Works Director
300 E. Branch Street
Arroyo Grande, CA 93420
Cannon Corporation
Larry Kraemer
1050 Southwood Drive
San Luis Obispo, CA 93401
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Item 8.e. - Page 8
18. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the City's Request for Proposal, and the
contents of the proposal submitted by the Consultant. In the event of conflict, the
requirements of City's Request for Proposals and this Agreement shall take precedence
over those contained in the Consultant's proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
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Item 8.e. - Page 9
24. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of th.e Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE
By: __________ _
Tony Ferrara, Mayor
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
CONSULTANT
By: ___________ _
Its: ------------(Title)
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Item 8.e. - Page 10
EXHIBIT A
SCOPE OF WORK
Page 8
Item 8.e. - Page 11
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
Phase I -Preliminary Engineering Services
Task 1 -Project Kick-off
• Task 1 .1 Kick-off Meeting
We will orchestrate and attend a Project Kick-Off Meeting with City staff. The
meeting agenda will focus on project understanding, team involvement, and
project constraints. This meeting will also include a project introduction,
review of background information and project scope, discussion of the City's
preferences, and an overview of the project schedule. This meeting
represents a key opportunity for representatives from the City to steer the
Project Team and further clarify critical elements of the project scope.
Deliverables: Kick Off Meeting Agenda and Minutes
• Task 1.2 Project Management and Meetings
The project will require project setup, scheduling, controlling, and
correspondence between Cannon, the City, subconsultants, and regulatory
agencies. Correspondence includes telephone conversations; emails, project
meetings and status reports, and project memorandums. Additionally, project
management will include monthly meetings and detailed invoices.
Task 2 -Project Research and Investigation
• Task 2.1 Site Reconnaissance I Field Visit
This task will include the following:
• Collect relevant site information with Project Team and City staff
• Review project site constraints
• Observe surface features
• Meet with all required Regulatory Agencies
• Task 2.2 Utility Search
We will conduct a USA Dig Alert search, contact utility agencies, and request
record drawing information from each utility agency. Summarize contact
persons and utility requirements. All obtained utilities drawings will be used to
populate the base drawings established by the topographic survey.
• Task 2.3 Document Review and Research
Item 8.e. - Page 12
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
Cannon will review and collect all pertinent data as it relates to the proposed
project. This includes the following:
• Review of existing record drawings
• Review any previous studies or reports related to the creek
• Gather operational data from City Operations and Maintenance Staff
• Review possible construction methods and materials to determine the best
fit solution to the water main replacement
• Task 2.4 Right of Way I Easements
Because this project is to be located within an existing easement, we will
gather all Right-of-Way and easement information from APN, parcel map
databases, and title reports as necessary to identify the current project
boundary limits for use by the contractors in preparing their bids and
executing the work.
Task 3 -Topographical Survey
In our effort to provide an accurate and detailed design, we will provide a
topographic survey of the site. We will confirm elevations and accurately
locate above ground structures that may need relocation or adjustment based
on the final design. We will also locate sufficient existing survey
monumentation to be able to show the record boundary and easements on
the topographic base map. We anticipate the limits of the project site to be
approximately 1,000 feet in length along the centerline of existing waterline
from within the mobile home park to the Leanna Street connection. The
topographic and right-of-way survey will include the following information:
• Horizontal locations based on the California State Plane Coordinate
System, Zone 5.
• Elevations based on NAVD88 Vertical datum.
• Existing corridor features, including edges of pavement, fences, utility
poles, driveways, and drainage swales.
• Nearby aboveground structures, aboveground cable and electrical
boxes.
• Existing surface improvements including fire hydrants located within or
adjacent to the project; water system appurtenances; sanitary sewers
and storm drain manholes, catch basins and inlets, showing surface,
inlet and invert elevations.
• Locations of trees that are 4 inches in diameter or greater within or
adjacent to the project work areas.
Item 8.e. - Page 13
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
Task 4 -Geotechnical Investigation
• Task 4.1 Field Investigation
To evaluate subsurface conditions for the proposed water main crossing of
the creek, Earth Systems will drill two borings to depths of 30 to 40 feet, as
conditions dictate and allow. A truck-mounted Mobile B-53 drill rig equipped
with a 6-inch diameter hollow-stem auger will be used. Soils will be classified
in general accordance with the Unified Soil Classification System (ASTM
D 2488). During the course of drilling, various soil samples will be obtained
by means of ring-lined barrel samplers (ASTM D 3550, with shoe similar to D
2937), and Standard Penetrometer Test samplers (ASTM D 1586). An
automatic hammer will be used to drive samplers. Soils will be classified in
general accordance with the Unified Soil Classification System (ASTM
D 2488 and/or D 2487).
Borings will be drilled along the top of the creek banks. Given the proximity of
the borings to Arroyo Grande Creek, additional environmental precautions will
be undertaken. These include straw waddles and containment of soils and
water from entering the creek environment. Furthermore, as required by the
County of San Luis Obispo, temporary monitoring well-permits will be
obtained prior to drilling the borings. Per San Luis Obispo County well permit
guidelines, the borings will be backfilled with cement grout installed via tremie
method. The fees associated with these requirements have been
incorporated into Earth Systems' scope and fees.
• Task 4.2 Laboratory Analysis
Soil samples will be tested in the laboratory to determine such properties as
unit weight and moisture, grain size distribution, plasticity index, and
unconfined compressive strength. The final determination of the number and
types of tests to be performed will depend upon the subsurface conditions
encountered.
• Task 4.3 Geotechnical Analysis and Report
The field and laboratory data will be reviewed by a Registered Geotechnical
Engineer, and evaluated with respect to development of geotechnical criteria
for the proposed project. The following items will be addressed:
• Soil and groundwater conditions encountered
Item 8.e. - Page 14
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRAND.E, CA
• Soil skin friction values for foundations and pipelines, as applicable
• Utility trench backfill
• Potential for hydraulic fracturing, ground heave, and issues associated
with HOD
• Temporary excavations for construction
• Construction observation and testing
The data will be summarized by Earth Systems in a report that will be
intended to guide the design and planning of the project. A cross-section will
be developed based upon the site topography, the planned pipeline
alignment, and the subsurface conditions encountered. The report and
subsequent recommendations will be intended to comply with common
geotechnical engineering practice in this area under similar conditions at this
time in relation to HOD projects.
Deliverables: Geotechnical Report (Two hard copies and one PDF via email)
Task 5 -Environmental Documents
• Task 5.1 Environmental Constraints Memo
Rincon will conduct a site visit to evaluate the project site and its
environmental constraints and permit requirements in the context of the
preliminary design and construction methods for the project. A technical
memorandum will be prepared that outlines the environmental constraints and
permit requirements for use in designing the project and developing a refined
approach to and timeline for tasks to complete the environmental review and
permit acquisition processes.
Deliverables: Environmental Constraints Technical Memo (Two hard copies
and one PDF via email)
• Task 5.2 Biological Resources Assessment Report
Rincon will review literature and databases on regional biological resources,
and the development of a target list of special status species and vegetation
communities that GOUid occur on or in the vicinity of the project. A
reconnaissance-level biological survey will be conducted to evaluate the site's
existing conditions, it's potential to support special status species, and
vegetation known to occur in the area. Following our field survey, we will
prepare a report of findings which will include a map identifying the vegetation
communities or habitat types observed on-site. The report will specifically
include:
Item 8.e. - Page 15
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
• methodology of the assessment;
• summary of the available existing information and data used in the
assessment (e.g., review of the California Natural Diversity Data Base,
data contained in reports and environmental documents for projects in the
vicinity);
• results of the reconnaissance-level survey, including a vegetation map;
• recommendations to avoid, minimize, and/or mitigate, as applicable,
potential impacts to special status biological resources following current
standards to facilitate the use of this information in the environmental
review and permit acquisition processes.
The vegetation map will illustrate the on-site vegetation communities and
habitat types, and the locations of any special status species, or sign thereof,
and vegetation communities, if encountered during the survey. The
identification and mapping of suitable habitat for special status species will be
based on a habitat suitability analysis level only and does not include
definitive surveys for the presence or absence of the plant and animal species
that may be present. Definitive surveys for special status plants and animals
require specific survey protocols requiring extensive field survey time to be
conducted only at certain times of the year. That said, we understand that
steelhead, tidewater gobies and red-legged frogs have been observed within
Arroyo Grande Creek and that the reach of Arroyo Grande Creek within the
project area is federally designated Critical Habitat for steelhead and
therefore, we assume an effects analysis and determination pursuant to the
Federal Endangered Species Act (FESA) will be necessary to facilitate permit
acquisition. Accordingly and as necessary, Rincon will consult with the U.S.
Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) to acquire information necessary to determine the level of the
potential effects to federally listed species and designated Critical Habitat.
The Biological Resources Assessment (BRA) report will identify potential
project impacts and recommend avoidance, minimization, and/or mitigation
measures, as applicable, for both direct and indirect effects to on-site
biological resources. Our BRA report will also identify if any further studies
may be required. If further biological studies are deemed necessary, we will
relay this to the City immediately as many protocol-level surveys are time-
sensitive.
Deliverables: BRA Report (Two hard copies and one PDF via email)
• Task 5.3 Jurisdictional Delineation
Item 8.e. - Page 16
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
Rincon will perform a delineation of waters of the U.S. and state of California,
including wetlands, at the project site using the most current guidance
provided by the U.S. Army Corps of Engineers (USACE). All wetlands within
the project site will be classified, documented, and mapped. The Ordinary
High Water Mark (OHWM) of Arroyo Grande Creek will be delineated, as well
as the boundaries of the jurisdictions of the CDFW and Regional Water
Quality Control Board (RWQCB) according to the guidelines of these
agencies. The results of the delineation will be incorporated into the report
prepared under Task 5.2 and will be suitable for submission as an attachment
to the permit applications/notifications.
Task 6 -Regulatory Permits
• Task 6.1 CEQA Review
It is anticipated that the agencies involved will require removal of the existing
concrete encasement, which will result in impacts requiring mitigation.
Rincon will prepare an Initial Study-Mitigated Negative Declaration (IS-MND)
in compliance with the California Environmental Quality Act. It is assumed
that the Initial Study will conclude that all identified environmental impacts can
be mitigated below thresholds of significance.
Preliminary Coordination. Rincon will coordinate with City staff to confirm
project objectives and discuss permitting strategy at a project kick-off
meeting. The kick-off meeting will allow the City and consultant team an
opportunity to thoroughly discuss the project description, approach to
. environmental evaluation and permitting, and any community concerns
regarding the project that have surfaced to date. This step will allow the team
to better focus the scope of the project.
Prepare Project Description. Working with the City's Project Manager,
Rincon will prepare a detailed Project Description. Organization of this
information is critical, since it forms the basis for environmental evaluation
under CEQA. The project description will focus on the overall area of potential
effect (APE).
Administrative Draft IS-MND. The IS-MND for the project will be prepared in
accordance with CEQA Statutes and Guidelines. Each of the environmental
issue areas included in the City's CEQA Environmental Checklist Form will be
addressed at a level of detail sufficient to allow Rincon to make
determinations of significance. Where appropriate, impacts will be quantified.
If existing data does not allow definitive quantification, reasonable
assumptions will be used to qualitatively forecast potential impacts. City-
approved standard mitigation measures will be incorporated as necessary.
Item 8.e. - Page 17
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANQE, CA
Determinations will be made as to whether such measures are adequate to
reduce impacts to less than significant levels.
Mitigation measures may include a broad range of programs and resource
protection procedures as required by City processes and resource protection
law. Mitigation measures will be presented in wording that can be directly
incorporated into project design and applied as conditions of approval. These
measures will be included in the mitigation monitoring and reporting program
(MMRP).
Following approval of the IS-MND by the City, Rincon will prepare the
required forms to notice the availability of the document and to accompany
the document through the environmental review process.
Publication of Draft IS-MND. This task involves the production, editorial
work and communication processes anticipated to publish the Draft IS-MND
for public review and comment. We assume that City staff will manage the
circulation of the Draft IS-MND to commenting agencies and interested
groups or individuals. Rincon will prepare a notice of intent to adopt, but we
assume that the City will be responsible for preparing the notice of availability
and all publication fees. A 30-day public and agency review period is
recommended.
Response to Comments. Rincon would prepare written responses to all
comments on the IS-MND. This approach will serve as the formal
documentation that the City has considered all comments received. The
responses would be included within the record of decision.
Adoption of MND. Subsequent to City adoption of the IS-MND, Rincon will
print two copies of the Final document and deliver them to the City. Upon
adoption and project approval, Rincon will file a Notice of Determination with
the State Office of Planning and Research Clearinghouse and the City Clerk's
office. It is assumed that the City will be responsible for all noticing and filing
fees.
Mitigation Monitoring and Reporting Program. Rincon will prepare a
Mitigation Monitoring and Reporting Program (MMRP) in accordance with
State law and City standard format requirements.
Public Hearings. The final action on the environmental document is the
approval of the IS-MND. Rincon will attend one public hearing on the project.
At this meeting, we will be prepared to present conclusions and answer
questions relating to the IS-MND.
Item 8.e. - Page 18
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
IS-MND Technical Issues. Each of the issues included in the Initial Study
form will be addressed and analyzed at a level of detail that leads to a
definitive conclusion relative to significance. For the issue areas not
specifically described below, this evaluation will consist of brief discussions of
impacts for these issue areas, based on literature review, original research,
and analysis. Based on our review of the project site, this scope of work
assumes that the project will not result in significant impacts related to
construction noise because sensitive receptors are not located in the
immediate vicinity of the project site. Although the project may require
temporary detours during construction and may affect access to adjacent
properties, Rincon will coordinate with City staff as appropriate, to identify
project features that reduce associated impacts below a level of significance.
Deliverables: Draft IS-MND (one hard copy and one PDF via email)
Final IS-MND (two hard copies and one PDF via email)
• Task 6.2 Permitting Assistance
Rincon will prepare a Nationwide Permit application package for the USACE
pursuant to Section 404 of the Federal Clean Water Act, a Water Quality
Certification application package for the RWQCB pursuant to Section 401 of
the Federal Clean Water Act, and a SAA notification package for the CDFW
pursuant to Section 1600 et seq. of the California Fish and Game Code
utilizing the project design details provided by Cannon and the information in
the BRA and JD reports described above. We assume that permits will be
required by these agencies since work would be performed within Arroyo
Grande Creek. Accordingly, we would address impacts to features subject to
jurisdictions of these agencies, such as bed, banks and associated and/or
adjacent wetland and/or riparian habitat(s); impacts are anticipated to consist
of the potential for frac-out during horizontal directional drilling, possibly
vegetation trimming and/or removal to site drilling equipment, and discharge
of dredged or fill material associated with removal of the existing concrete
encasements. We further assume that one round of comments from the City
will be reviewed and edits to the draft permit application/notification packages
will be incorporated, and that a second draft of the permit
application/notification packages will be submitted for the City to finalize and
submit to the USACE, RWQCB, and CDFW.
Deliverables: Permit Application/Notification Packages (two drafts each)
Item 8.e. - Page 19
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
PHASE II -Design Services
Task 7 -60% Plans
Based on the findings and results of the previous tasks, we will prepare and
submit a design plan package at the 60% approximate completion level for
the replacement of the Leanna Drive water main creek crossing. The design
plan package will include the title sheet notes, plan and profile sheets, and
detail sheets. Design plans will be prepared in accordance with project
required standards.
The plans will be submitted to the City for review and comment. We will
attend a meeting with the City to review and discuss the 60% design
submittal. This will allow the City to comment on the proposed design and
any construction methods, materials and maintenance issues.
Deliverables: 60% Plans (Three hard copies and one PDF via email)
Task 8 -90% Plans, Specifications, and Cost Estimates
Based on the comments and findings from the 60% submittal, we will prepare
and submit a design plan package at the 90% approximate completion level
with the appropriate revisions to the plans. The design plan package will
include updated title sheet, notes, plan and profile sheets, and detail sheets.
This submittal will also include the technical specifications and cost estimate.
Technical Specifications and Special Conditions will be prepared using and
referencing the City's standard boilerplate specifications and the latest edition
of the Greenbook and the technical specifications from similar projects based
on Cannon's experience.
We will attend a meeting with the City to review and discuss the 90% design
submittal. This will allow the City to make any final comments or changes to
the plans and specifications prior to final submittal and completion.
Deliverables: 90% Plans (Three hard copies and one PDF via email),
Specifications (one copy in Word via email) and Opinion of Construction Cost
(one copy in Excel via email)
Item 8.e. - Page 20
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
Task 9 -Final Plans, Specifications, and Cost Estimates
Based on the finalized project design issues resolved during the preceding
tasks, we will prepare and submit a Final Construction Documents package
for the project. This submittal package will contain complete construction
plans, technical specifications, known permit conditions, and an Opinion of
Probable Construction Costs. Final plans will incorporate comments from the
City's review of the 90% Design Plan package. These documents will be
prepared in the City's standard format and incorporated into the final bid
package.
Deliverables: Final Plans (one signed mylar and one PDF via email),
Specifications (one copy in Word via email) and Opinion of Construction Cost
(one copy in Excel via email)
Task 10-Bid Package Preparation
The final bid package will be prepared and incorporate the completed Final
Plans, Technical Specifications and Special Conditions, a Bid Schedule, and
the City provided "front-end" General Provisions. The Bid Package will
incorporate all the required documents for the project to be advertised and
sent out to bid.
Item 8.e. - Page 21
SCOPE OF WORK
LEANNA DRIVE WATER CREEK CROSSING
CITY OF ARROYO GRANDE, CA
PHASE Ill -Construction Support Services
We will provide the City with limited construction services during the installation of the
water main. We will provide support to the City and provide the following listed services.
The work hours assumed for each task are based on our previous project experience
with similar projects. The actual time required may vary based on the selected
contractor and the requested level of involvement.
Task 11 -Respond to RFl's
Processing of requests for information (RFls) and requests for clarification
(RFCs) are vital for keeping the project on schedule and to minimize
Contractor claims for additional monies based upon project delays.
RF ls and RF Cs received from the Contractor will be reviewed and responses
returned to the Contractor within seven working days unless required
otherwise.
Task 12 -Submittal Review and Design Changes to Resolve Field Conditions
During construction, we will assist the City with review of materials and
construction submittals as necessary. ilt is also possible that modifications to
the plans may be required based on constructability issues, unforeseen
obstructions, site restrictions, or material procurement. Proposed alterations
to the original intended design that are too extensive to track and incorporate
into the as-built drawings may require additional engineering and design prior
to proceeding with construction. Our team will be available to provide
additional engineering design, calculations, and revised construction plans
should such an issue arise.
Task 13 -Record Drawings
We will review the Contractor's set of as-built drawings and confirm their
maintenance and, completeness. The field sets will note all field adjustments,
change orders and manufacturer changes (where applicable). Upon
completion of the project, we will prepare marked-up sets of as-built drawings
noting all changes made and recorded in the field by the contractor and/or
inspectors.
Item 8.e. - Page 22
EXHIBITS
PAYMENT SCHEDULE
Page 10
Item 8.e. - Page 23
~--
~Cannon
Sr. Principal
Enalneer
Hourlv Rate $180
Deslnn Tasks Hrs Cost
Prellmlnarv Deslan
1 Proiect Kick Off Meetina 3 $540
2 Research
2.1 Site Reconnaissance I Field Visits 3 $540
2.2 Utilitv Research
2.3 Document Review I Research 2 $360
2.4 Riaht of Wav I Easements
3 Tonnnraohical survev
4 Geotechnical
4.1 Field lnvestiaation
4.2 Laboratorv Analvsis
4.3 Geotechnical Analvsis and Reoon
5 Environmental Documents
Environmental Constraints Memo
Bioloaical Resources Assessment Reoort
Jurisdictional Delineation
6 Reaulatorv Permits
CEQA Review -IS/MND
Permittino ISAA, NWP, WQC\
Deslan
7 60%Plans
8 95% Plans Scecifications, and Cost Estimates 4 $720
9 FINAL Plans, Saecifications, and Cost Estimates 2 $360
10 Bid Packaae Precaration
Construction Sun~rt
11 Resoond to RFl's
12 Desinn Channes to Resolve Field Conditions 2 $360
13 Record Drawinas
Sub Total 16 $2,880
130716 Fee Schedule-Leanna Waler Rev 9-17-13.xlsx
Hrs
3
6
8
12
8
8
4
8
6
4
67
Leanna Drive Creek Water Crossing
Estimated Design Fees
City of Arroyo Grande
Principal HOD Project
Enalneer Sneclallst Enalneer
$165 $145 $130
Cost Hrs Cost Hrs Cost
$495
$990 6 $780
4 $520
$1,320 8 $1,040
$1,980 16 $2,320 16 $2,080
$1,320 8 $1,160 16 $2,080
$1,320 4 $580 8 $1,040
$660 4 $520
$1,320 4 $580 8 $1,040
$990 6 $870 8 $1,040
$660 8 $1,040
$11,055 38 $5,510 86 $11,180
Project Project Survey Outside
Deslnner Coordinator Services Total
$75 $70
Hrs Cost Hrs Cost Cost Cost Hrs Cost
6 $1,035
15 $2,310
6 $450 10 $970
18 $2,720
$640 $640
$4,500 $4,500
$5,830.00 $5,830
$1,760.00 $1,760
$2,310.00 $2,310
$4,862.00 $4,862
$6,996.00 $6,996
$2,035.00 $2,035
$8,008.00 $8,008
$5,192.00 $5,192
32 $2,400 76 $8,780
24 $1,800 8 $560 68 $7,640
16 $1,200 8 $560 46 $5,060
8 $560 16 $1,740
2 $140 22 $3,080
8 $600 30 $3,860
16 $1,200 4 $280 32 $3,180
102 $7,650 30 $2,100 $5,140 $36,993 339 $82,508
Relmbursables $1,000
Total $83 508
Item 8.e. - Page 24
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
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Item 8.e. - Page 25
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subContractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $ per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A-or better and
a minimum financial size VII.
General conditions pertaining to prov1s1on of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
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Item 8.e. - Page 26
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over'' claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage .and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self-insure its obligations to City. If Consultant's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
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Item 8.e. - Page 27
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Cpnsultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
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Item 8.e. - Page 28
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
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Item 8.e. - Page 29
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Item 8.e. - Page 30