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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. Page 1 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 Page 2 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 Page 3 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, Page 4 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 Page 5 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. Page6 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) Page 7 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 Page 11 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. Page 12 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 Page 13 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. Page 14 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. Page 15 Item 8.e. - Page 29 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.e. - Page 30