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CC 2012-10-09_08.g. Approve Agreements for Engineering ServicesMEMORANDUM TO: CITYCOUNCIL FROM: TERESA OF COMMUNITY DEVELOPMENT SUBJECT: CONSIDERATION OF CONSULTANT SERVICES AGREEMENTS WITH THE WALLACE GROUP AND WATER SYSTEMS CONSULTING, INC. FOR ON-CALL ENGINEERING CONSULTANT SERVICES DATE: OCTOBER 09,201 2 RECOMMENDATION: It is recommended the Council: 1. approve a-two-year agreement with the Wallace Group in an amount not to exceed $27,000 for on-call Engineering Consultant Services ; and 2. approve a two-year agreement with Water Systems Consulting WSC) in an amount not to exceed $27,000 for on-call Engineering Consultant Services; and 3. approve a transfer of $30,000 from salary savings; and 4. authorize the Mayor to execute the agreements with Wallace Group and Water Systems Consulting, Inc. FINANCIAL IMPACT: The proposed consultant services agreements are for up to $27,000 each on an as needed basis. The agreement amounts are based on an existing hourly rate for services rendered per the fee schedules attached to the agreements. The funding for these services is currently budged at $38,000 for each FY 2011-2012 and FY 2012-2013, with $25,477 remaining in the FY 2012-2013 account for Consultant Services for the Engineering Division of the Community Development Department. An additional $30,000 is needed. On June 26, 2012, staff presented the Budget Update Report to the Council. At that time an additional appropriation of $20,000 was requested for the hiring of a full-time Engineer position. Due to the delay in hiring this position, staff is requesting that this appropriation be transferred to Contractual Services to fund these contracts along with a transfer of $1 0,000 from salary savings". It is anticipated that FY 201 3-2014 costs will be reduced when the staff engineer position is filled. BACKGROUND: The Engineering Division of the Community Development Department, and previously the Public Works Department, has used the Wallace Group for professional engineering services for many years. Using contract engineering services allows the City to receive the diverse types of engineering services necessary for planning and maintaining the City's Item 8.g. - Page 1 CITY COUNCIL CONSIDERATION OF CONSULTANT SERVICES AGREEMENTS WITH THE WALLACE GROUP AND WATER SYSTEMS CONSULTING, INC. FOR ON-CALL ENGINEERING CONSULTANT SERVICES OCTOBER 9,2012 PAGE 2 infrastructure, provides additional flexibility when expertise in certain specialized types of engineering services are necessary, and enables the City to adjust staffing based on changing work load. The City also currently contracts with WSC as a member of the Northern Cities Management Area that arose out of the Santa Maria groundwater litigation. For traffic and circulation engineering, the City currently contracts with Omni-Means. Additionally, the City has contracted with numerous engineering firms on a competitive basis for project specific engineering design and construction. Recently, the City Council requested that the City receive competitive proposals for professional engineering services. Additionally, Caltrans has recently informed local jurisdictions that a competitive selection process for services must be undertaken at least once every two years. ANALYSIS OF ISSUES: On January 26, 2012, staff distributed a request for proposals to nine qualified local engineering consulting firms to provide for ongoing and as-needed engineering services. On February 7, 2012, staff received five proposals from engineering consulting firms: Wallace Group, MNS Engineering, Water Systems Consultants, Inc., Penefield & Smith, and Garing, Taylor & Associates. The proposals were evaluated by a team of two staff members and an independent consultant. Three firms were selected to interview. An interview panel of two staff and one outside Director of Public Works was assembled and interviews were held on August 29, 2012. Two firms, the Wallace Group and Water Systems Consulting, Inc., were selected as the most qualified firms to provide professional municipal engineering services. Both firms were selected based on their understanding of municipal projects, experience with similar assignments, staff expertise, capacity to perform the work, responsiveness, and the ability to complete services on schedule. The selection of two firms, in addition to the City's current contract for traffic and circulation services, will allow the City to help expedite the process for selecting and hiring engineering consultants for needed services beyond the experience, expertise or ability of City staff. There is an ongoing need for the provision of specialized assistance with capital projects, design services, permit assistance, grant acquisition, stormwater management compliance, maintaining computer models of the City's water and sewer systems, pavement management program and surveying, final map, lot line adjustment and easement preparation. The contracts are for broad-based services with services to be provided on a specific task-order basis. The contracts authorize the City Manager to issue task orders up to $25,000. The contracts do not obligate the City to an exclusive relationship or a minimum amount of work. Assignment of work will generally rotate between the two firms, be based on availability, or be based on areas of strength and expertise. Item 8.g. - Page 2 CITY COUNCIL CONSIDERATION OF CONSULTANT SERVICES AGREEMENTS WITH THE WALLACE GROLIP AND WATER SYSTEMS CONSUL'rING, INC. FOR ON-CALL ENGINEERING CONSULTANT SERVICES OCTOBER 9,2012 PAGE 3 Specific projects for the larger capital improvement projects will continue to be competitively bid and awarded individually; however, staff may utilize either Wallace Group or WSC, Inc. to assist in the management of such projects, as needed. Importantly, staff is in the process of filling the vacant staff engineering position that is currently covered by contract engineering services. It is anticipated that filling both the staff engineering position and selecting engineering consultants every two-years on a competitive basis will significantly strengthen City services by providing both staff resources on a daily basis and having the expertise of larger engineering firms available, as needed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve consultant services agreements with Wallace Group and Water Systems Consulting, Inc. to provide engineering services for two-years; Do not select Wallace Group and Water Systems Consulting, Inc. to provide engineering services for two-years; Approve a consultant services agreement with the Wallace Group only to provide engineering services for two-years; Approve a consultant services agreement with the Water Systems Consulting, Inc. only to provide engineering services for two-years Direct staff to solicit additional proposals; or Provide direction to staff. ADVANTAGES: Bifurcating engineering services between two firms will allow the City to capitalize on diverse expertise of each firm and provide more ability to obtain services quickly when needed. Both firms have an established working relationship with City staff and have demonstrated responsive professional engineering services. Both firms have augmented their services with staff qualified to meet evolving technical, funding and permit challenges. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: As the selection for on-call engineering services is not considered a project under the California Environmental Quality Act (CEQA), no environmental review is required. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 4, 2012. The Agenda and staff report were posted on the City's website on Friday, October 5, 2012. No public comments were received. Item 8.g. - Page 3 CITY COUNCIL CONSIDERATION OF CONSULTANT SERVICES AGREEMENTS WITH THE WALLACE GROUP AND WATER SYSTEMS CONSULTING, INC. FOR ON-CALL ENGINEERING CONSULTANT SERVICES OCTOBER 9,2012 PAGE 4 Attachments: 1. Consultant Services Agreement with the Wallace Group 2. Consultant Services Agreement with Water Systems Consulting, Inc. Item 8.g. - Page 4 Attachment 1 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of November 1, 2012, between THE WALLACE GROUP ("Consultant"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City") for CITY ENGINEERING SERVICES. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 1, 2012 and shall remain and continue in effect until November 1, 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 herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of hislher ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION Teresa McClish, Community Development Director, shall represent City in all matters pertaining to the administration of this Agreement. John Wallace, Principal, 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 CAUSE (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 Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Item 8.g. - Page 5 (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 OCCLIRRENCE 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 hislher delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, helshe 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 performance under this Agreement, or the conduct of the services under this Agreement; Item 8.g. - Page 6 (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, reg~.~lations, 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. Item 8.g. - Page 7 I I. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. (a) lndemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("lndemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this qgreement. (b) lndemnification for Other Than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General lndemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. (d) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("lndemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the 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. Item 8.g. - Page 8 13. INDEPENDENT CONSULTANT (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. UNDUE INFLUENCE 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 hislher tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. Item 8.g. - Page 9 (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 interrogatories, 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. 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: City of Arroyo Grande Teresa McClish Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 To Consultant: Wallace Group John Wallace Principal 612 Clarion Court San Luis Obispo, CA 93401 Item 8.g. - Page 10 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 qgree 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, Exhibit "D", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "En, attached hereto and incorporated herein by this reference. 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. Item 8.g. - Page 11 24. AMENDMENTS Amendments to this Agreement shall be in writinq 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 helshe has the authority to execute this Agreement on behalf of the 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 CONSULTANT By: By: Tony Ferrara, Mayor Attest: By: (Title) Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Item 8.g. - Page 12 EXHIBIT A SCOPE OF WORK This agreement is a non-exclusive cor~tinuivg services contract to provide on-call engineering services for the City of Arroyo Grande. The Consultant will augment and support City staff and provide services at the sole direction and discretion of the City. The maximum amount payable under this Agreement shall not exceed $27,000. The city does not guarantee that the Consultant will receive a specific volume of work or total contract amount. At the City's option, the maximum amount payable may be increased by an Amendment to the Agreement. Work performed under this Agreement shall be authorized by Task Order. Each Task Order will provide a specific scope of services, schedule, completion date, and budget for the services required. Task Orders shall be approved and signed by the Community Development Director or hislher designee prior to beginning work. Item 8.g. - Page 13 EXHIBIT B City of Arroyo Grande Engineering Consultant Services ENGINEERING SERVICES Principal Principal Englneer Dlrec tor of Clvll Engineering Director of Mechanical Englneerlng Director of Water Resources Wetlands Specialist Senlor Clvll Engineer I - II Senlor Mechanical Engineer I - II Clvll Engineer I - Ill Senlor Clvil Deslgner I - II Engineering Assoclate I -V Project Analyst I - 111 Engineerlng Asslstant 1 - 111 Admlnlstratlve Assistant 1 - 111 SURVEYING SERVICES Dlrector of Surveying Senlor Land Surveyor I - II Land Surveyor I - II Survey Assoclate I - V Three Man Survey Crew Two-Man Survey Crew Two-Man GPS Survey Crew One-Man GPS/Robot Survey Crew GIS Speclalist GISTech Surveying Asslstant 1 - 111 PLANNING SERVICES Director of Plannlng Consulting Planner Supervising Planner Senior Planner I - II Assoclate Planner 1 - 111 Planning Deslgner I - II Planning Assistant 1 - 111 LANDSCAPE ARCHITECTURE SERVICES Director of Landscape Architecture Senior Landscape Archltect I - II Landscape Construction Specialist Landscape Architect I - II Deslgner I -V Landscape Architecture Asslstant 1 - 111 FEE SCHEDULE Prevalllng Wage WALLACE GROUP Page 9 71 - Effective January 2008 Item 8.g. - Page 14 City of Arroyo Grande Engineering Consultant Services FEE SCHEDULE CONSTRUCTION MANAGEMENT/FIELD INSPECTION SERVICES Prevaillng Wage Dlrector of Construction Management $140 Expert Wltness $250 Resident Engineer $117 $135 Construction Admlnistrator $ 95 Engineering Inspector $ 95 $120 Project Analyst I - 111 $ 75-5110 Admlnlstrative Assistant 1 - 111 $ 58 - $ 63 PUBLIC WORKS ADMINISTRATION SERVICES Senior Englneer 1-11 $130 - $135 Senior Rlght-of-Way Agent $1 30 General Manager $1 10 Project Analyst 1 - 111 $ 75-5110 ADMINISTRATIVE SERVICES Senlor Flnanclal Analyst Flnanclal Analyst I - II Administrative Assistant I - 111 DIRECT EXPENSES Relmbursement of direct expenses Incurred in connection with the project scope of work will be invoiced to the client. A handllng charge of 15% may be added to the direct expenses llsted below. Dlrect expenses include, but are not limited to the following: travel expenses (automobile/ lodging/ meals) postage/dellvery service professional sub-consultants special materials county/city fees . blueprints document copies photographs . long distance telephondfax INVOICING AND INTEREST CHARGES lnvolces are submltted monthly on an accrued cost basis In accordance with this Fee Schedule. A finance charge of 1.5% per month (1 8% per annum) wlll be assessed on all balances that are thirty days past due. FEE REVISIONS Wallace Group reserves the right to revise our Schedule of Fees on a semi-annual basis, and also to adjust hourly prevalling wage rates (up or down) as the State establishes rate changes. As authorized in advance by the cllent, overtime on a project wlll be billed at 1.3 tlmes the normal employee's hourly rate. PERSONNEL CLASSIFICATIONS Wallace Group may find it necessary to occasionally add new personnel classifications to our Schedule of Fees. MILEAGE Wallace Group charges $0.60 per mile. WALLACE GROUP 71 - Effective January 2008 Item 8.g. - Page 15 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 lnsurance using lnsurance 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 IS0 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. Professional Liability or Errors and Omissions lnsurance 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. lnsurance 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. Item 8.g. - Page 16 General conditions pertaining to provision 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 IS0 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. 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. Item 8.g. - Page 17 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 existirrg 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 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. Item 8.g. - Page 18 15. Consultant 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 andlor additional insured endorsement as required in these specifications applicable to the renewirrg 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 coverqge, 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. 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. Item 8.g. - Page 19 EXHIBIT D CITY OF ARROYO GRANDE ENGINEERING SERVICES REQUEST FOR PROPOSALS JANUARY 2012 Item 8.g. - Page 20 CITY OF ARROYO GRAMDE ENGINEERING CONSULTAIUT SERVICES REQUEST FOR PROPOSALS . I. PROPOSAL INTENT The City of Arroyo Grande, California intends to contract for consultant engineering services on an ongoing and as needed basis to supplement in-house staff resources. The objective is to contract with one engineering firm to be available when necessary to provide engineering consultant services related to the management of its capital improvement program, design of small capital improvement projects, design review and analysis of private development applications, and other.engineering services as requested. The City will continue to solicit separate proposals for design of major capital improvement projects. This. agreement would not cover those services, but the engineering firm selected would not be precluded from submitting proposals for design of additional major capital improvement projects. II. BACKGROUND The City of Arroyo. Grande is a full-service city located on the' Central Coast of , 'California midway between Los Angeles and San Francisco. The Crty of Arroyo Grande comprises 5.45 square miles and serves 17,252 residents. The City's Engineering Services Division is part of the Community Development Department. The Division consists of a full-time Assistant .City Engineering and two part-time project,engineers. ' . . The City's capital improvement program for FY 201 1-1 2, including carryovers from the prior yea( is over $1 0 inillion. The City normally averages between $3 million and $4 million in capital knprovements each year. . Approximately $40,000 is budgeted for ongoing contract consultant engineering services. However, when work associated with individual projects is added, the budget for.services is likely to be in the range of $1 00,000 to $200,000 annually under the proposed agreement. Ill. SCOPE OF WORK The City is interested. in contracting with a consultant to provide engineering services as requested including, but not limited to, the following tasks: A. Management of capital improvement projects; including: . 1. Design - Preparation of plans and specifications, cost estimates 2. Consultant Selection and ~drr~inistration' 3. Public Notification and Coordination 4. Contract Administration and Construction Support ' 5.' Inspection 2 Item 8.g. - Page 21 B. ~re~arat'ion of applications for, and administration of, State, Federal and regional grants for capital . projects; . C. Engineering studies on City and private development project'issues; D. Review and process of land development applications; E. Review of plans, maps, easement documents and traffic studies; F. Preparation of legal descriptions and sign-off on final maps and lot line adjustments; and C G. 0the; specialized engineering services as requested by City and mutually agreeable to both parties, which may require any of the following trades: ,I . Environmental 2. Water 3. Sewer 4. Storm ,Water 5. Traffic 6. Surveying IV. PROPOSAL FORMAT AND CONTENT Each proposal shall include as a minimum the following information in this format: A. Introduction ' Present an introduction to the proposal describing the firm's understanding of the desired work and experience as it relates to this agreement. B. Qualifications Include a description of the firm's background, resumes of key staff proposed to provide the desired services, examples of similar work performed for other. agencies, references, and a.description of the level of expertise available within the firm in the following areas: Management of capital improvement projects Inspection of capital improvement project Development Review Environmental water Sewer Storm Water ~raffic , " Surveying' . .. Traffic Engineering' Item 8.g. - Page 22 C. Work Plan Provide a brief description of the work plan that would be proposed to carry out the tasks set forth in Section 111.- Scope of Work, including the availability of the key staff identified, as. well as which staff would. be assigned and response times for specific types, level, and specialties of work. D. Cost Proposal . . Submit a cost proposal in a separate sealed erlvelope. The fee proposal '. '. will not be reviewed until a. review panel determines the qualified firms and finalists. The cost summary shall include a schedule of all hourly rates for engineering services br all classifications of positions proposed to be associated with the agreement. , V. SELECTlOhl PROCESS A review committee will evaluate the proposals based on relative experience, qualifications, and abilky of the proposed approach to meet the needs of the City. Once the most qualified firms are selected, finalists will be invited to an interview with a selection panel. A final selection will be recommended by the panel to the City Council based on the following criteria: 1. Relative experience and qualifications 2. Ability of proposed approach to meet the needs of the City 3. Cost effectiveness VI. SUBMITTAL , A. Submit a total of 4 copies to: Teresa McClish Community Development Director City of Arroyo Grande 300 ,East Branch Street Arroyo Grande, CA 93427 B. ~how'the following information on the o.utside of the package: consultant's name and address Engineering Services Contract C. Closing Date: All proposals must be'received by Friday, February 24, 2012 at 5:00 p.m.. D. 'The City reserves the right to reject any or all proposals for any or no reason. For more information, please contact Teresa McClish at 805-473-5420. Item 8.g. - Page 23 EXHIBIT E WALLACE GROUP DEDICATION TO SERVICEa Proposal Prepared for CITY OF ARROYO GRANDE Engineering Consultant Services February 24, 201 2 Item 8.g. - Page 24 City of Arroyo Grande Engineering Consultant Services SECTION I IIVTRODUCTION \JD UNDERSTANDING The City of Arroyo Grande intends to contract for consultant engineering services on an on-going and as-needed basis to supplement in-house staff resources. It is our understanding the City desires to contract with an engineering firm that has the necessary resources to be available to provide varied engineering and project management services. Based on our years of experience and familiarity in working with City staff, we believe Wallace Group is the ideal candidate Wallace group will serve as an extension of City staff in providing these services to help allev~ate the peak work load of the City staff members and to provide specialized services not available "in house" Services Requested: A. Management of Capital Improvement Projects: It has been our experience that the City Staff can only handle a certain number of capital projects simultaneously amidst all of their other duties. As a result, project processing may slip both in time and expectations of delivery. Additional full-time staff, given the economic condition of the City, is probably not an option.Therefore, it is more efficient to retaln a qualified outside consultant to handle projects on an as needed basis. Meeting time constra~nts or simply a need for additional staff is necessary so as to not deter City staff from other priorities. Management of ClPs is different from "doing the project'! We can do both, but to be efficient we can offer the City alternative approaches as the need arises: simply managing the project as done by City staff or other outside consultants or: taking charge of the design/processing and overall management from project concept, budgeting, initiation, design and completion of construction. We believe that successful management of capital improvement projects requires a "Project Plan"tailor made for each project (provided later in our proposal) and by focusing on communication, thorough up-front planning, addressing potential conflicts early, documenting the process, and managing schedule and budget constraints. We have successfully managed a variety of capital improvement projects for the City and many other public agencies, from feasibility studies through construction. We augment our project management skills by addressing the financial aspects of the project. Often the City's capital improvement program is dependent on accurate cost estimating, conscientious financial tracking and documentation of grant programs/ projects. Wallace Group is adept at researching, obtaining and administering many types of grant projects.This has proven invaluable on FEMA emergency projects as well as local, State and Federal programs. We maintain a strong relationship with current and prospective funding organizations such as Caltrans and the San Luis Obispo Council of Governments which provides a competitive edge when funding opportunities become available. Project Management Plans Successfully Guide City/Wallace Group ClPs to Completion We effectively manage our project budgets as we do our clients' public funds WALLACE GROUP Item 8.g. - Page 25 City of Arroyo Grande Engineering Consultant Services SECTION I INTRODUCTION AND UNDERSTANDING B. Preparation of Applications for, and Seasoned Wallace Group Administration of State, Federal and Regional staff have proven track Grants for Capital Projects record at securing and administering The City can frequently not afford tongo grant funds for public it alone"to fund its capital projects. With improvement projects the decrease in local funding available for critical projects including water, sewer and transportation projects, agencies have had to become more and more dependent on grants. Grant acquisition and administration has become significantly more difficult because of competitlon and complexity of requirements/qualifications. Prior knowledge, anticipation and preparation ofgrant requests are key.This is not easily learned. But because the public sector is the major focus of our practice, we have successfully qualified, obtained, and administered many grant programs includ~ng those awarded to the City. As an example, we have been able to facilitate an extension of time for transportation monies for upgrad~ng the Bridge Street bridge. Other recent experience benefiting the City includes preparation of a water recycling IRWM grant being processed by the South San Luis Obispo County Sanitation District, and FEMAICalEMA reimbursements for the 2010 flood damages. C. Engineering Studies on City and Private Development Project Issues City staff resources are limited and the effort to review and report on both City and (especially) private development issues is a significant impact. Often a Council or Commission requires (and deserves) a rap~d analysis and report. City staff can provide these analyses if they can be fit in within their normal duties, but frankly, this is a disruption to their main duties and can sometimes lead to frustration or disappointment on the part of City Management, Council or the cit~zenry.The retention of an outside analysis can be done quickly and also provides a "third party"review of the issue without creating an appearance ofninside bias". Also, many studies, such as that required for the Newsom Springs drainage analysis, require a specialist in a highly technical area. Being a multi-disciplinary firm, we can readily provide a variety of services as needs arise and have the resources to act quickly to meet City expectations. As to the review of private development project issues, we are very familiar with both the publ~c and private development processes. We have respected relationships with the development community and our references will testify that our review of their submittals has been firm, technically competent and fair.That being said, the City is familiar with our efforts on their behalf to uphold City standards and achieve quality in the construction of private works. D. Review and Process Land Development Applications As discussed in C. above, Wallace Group has provided and is currently providing services for the processing of land development applications for many public agencies. We are very familiar with the City's process and standards having developed some of these standards while acting as City staff In prior years. But standards and consistency with general plan requirements is an evolving process. We pride ourselves in being able to recognize and apply changing standards both from a technical standpoint and to meet general plan requirements. E. Review of Plans, Maps, Easement Documents and Traffic Studies Familiarity with standards as well as the commitment to adhere to the legal process and to meet turnaround responsibilities is key to this task.This takes experience, both from the WALLACE GROUP 2 Item 8.g. - Page 26 City of Arroyo Grande Engineering Consultant Services standpoint of knowing the City's requirements and from experience in actually producing similar documents in other areas (such as the County territory) for the items being reviewed. Wallace Group continues to provide this service to a number of neighboring agencies, including Oceano CSD, the City of Pismo Beach, the South San Luis Obispo County Sanitation District and Avila Beach CSD. Besides having six licensed surveyors that are eligible to sign off on subdivision maps and surveys prepared on behalf of the City, Wallace Group has Right ofway Engineering and Acquisition as one of its core practices. This provides an unparalleled and unique resource for engineering review of plans, checking of maps and providing easement acquisition and review services. Also, we have recently increased our staffing for transportation design and processing.Traffic studies are a subset of the practice of transportation engineering. However, we understand the City will continue to retain a separate traffic engineering firm for traffic studies and other traffic engineering services. We concur with thls strategy. F. Preparation of Legal Descriptions and Sign-Off on Final Maps and Lot Line Adjustments. Although legal staff can sometimes prepare legal descriptions for City documents, in our experience this properly belongs in the practice of land surveying. Furthermore, the State Map Act does require a licensed land surveyor or pre-1983 civil engineer to approve maps on behalf of a public agency. At the present time, Wallace Group has seven staff that can legally provide those services, probably more than any other local firm.This provides for rapid turnaround of maps and related documents In our many years of providing these services, Wallace Group has never had a successful challenge to its boundary or legal description work. G. Other Specialized Engineering Services as Requested by City and Mutually Agreeable to Both Parties, Which May Require any of the Following Trades 1. Environmental 2. Water 3. Sewer 4. Storm Water 5. Traffic 6. Surveying All of the above specialized services can be provided by our firm.The preparation of environmental impact reports and traffic studies would be done in conjunction with qualified subconsultants approved by the City. However, the preparation of environmental review documents such as Negative Declarations and responses to EIR's to provide the necessary land use and technical review comments is very much within the scope of our engineering and planning staff and they have extensive experience in the field. On many occasions, we are called on to provide peer review and objective comments on environmental documents. Of course, where specialty subconsultants may be needed, Wallace Group can assist City staff in issuing Requests for Proposals/Qualifications, reviewing proposals, interviewing and selecting subconsultants, administering contracts, and overseeing subconsultants'contract budgets and expenditures. As to Water, Sewer, Drainage (Storm Water) and Surveying, Wallace Group staff has demonstrated its expertise in all of these practice areas and has provided consultation to the City on these and related issues for many years. H. Optional Services SECTION I INTRODUCTION AND UNDERSTANDING Several other areas of expertise not mentioned above include: construction management and administration, landscape architecture, mechanical engineering, and regulatory administration. WALLACE GROUP Item 8.g. - Page 27 City of Arroyo Grande Engineering Consultant Services Whlle some of these areas of expertise may not be needed frequently, Wallace Group has substantial resources in all of theseUadditional service areas': In particular mention, the storm water and waterhewer regulatory field has become much more complex in recent years. Wallace Group staff is presently assisting the City's Utillty Division with coordination In developing new standards to meet these new regulations. Wallace Group also administers the Fats, Oil and Grease Program, provides assistance to meet regulatory requirements for Sewer System Management Audits, Hazard Mitigation and Emergency Response Plans, and consults on Waste Discharge Requ~rements for State reporting. Other services in which we excel that the City will find beneficial is our geographic information system (GIS) capabilities and assessment engineering services. Finally, another service being provided pro-bono by Wallace Group staff involves the undergrounding of overhead utilities. Wallace Group staff has participated as a member of the County's Underground Utility Coordinating Committee for many years and presently chairs the Committee With Walace Group's urging, the Committee has brought In the City and other agencies to achieve a broader coordlnatlon of these projects including the City's Grand Avenue projects. We believe, it is critical that the City have a team of professionals available to support, supplement and act as an extension to City staff. Having worked with the C~ty in this capacity for more than 16 years, selecting Wallace Group for these services will afford a seamless transltlon of continued support in our current role with the City. SECTION I INTRODUCTION AND UNDERSTANDING WALLACE GROUP Item 8.g. - Page 28 City of Arroyo Grande Engineering Consultant Services In order to consistently provide quality work products to our clients, our efforts start before the Project begins. We prepare a"Work Plan"that is best described as a "Project Management Plan (PMP)". Small routine projects go through an abbreviated version of this process. Of course, one of the key elements of our Work Plan is the Quality AssuranceIQuality Control (QAIQC) Program by which we execute and review our work products.This holds true for municipal projects such as the services we have provided the City of Arroyo Grande over the years Specific projects include the 1.0 Million Gallon Reservoir No. 1 Upgrade, Reservoir No. 6 and Oro Booster Station Upgrade, Lift Station No. 1 Upgrades, East Grand Avenue Phases 1-111 Reconstruction, and other projects. An example of a recent "PMPUthat was used for the City's Oro Booster Station Upgrade Project is attached as Appendix B. The WG Quality Assurance Proqram calls for a formal written peer review at three stages during the project lifetime.~hi; is performed by a senior registered engineer or land surveyor who has substantial experience in the discipline area for each specific project, and is very similar to an agency plan check procedure for development review. We combine this with our project management procedures for scope, schedule and budget controls to oversee and maintain a high quality product. Project reviews generally occur at specific milestone stages such as lo%, 50%, and 95% of project progress. Reviews vary with the size and complexity of each project. We have worked with over 40 public agency clients throughout the company's history. It is understood that agencies operate under tight budget constraints and with limited funding sources. Working closely w~th agency staff and reviewing the project in these stages allows the project team to identify constraints, issues, and concerns well before project milestones. By teaming with the agency and ~ntegrating them with our Quality Assurance Program, we can help to assure that public monies are being spent in a cost effective manner. Whether large or small, Wallace Group projects are guided by Project Management Plans.These Plans can be0short and sweet': but hit on the key elements of each project including lines of communication, project team and team roles, deliverables, schedule, QNQC Plan, budget and budget controls, and other essential elements. We know from experience that succinct Plans are instrumental in leading our projects from start to finish efficiently, while ensuring project scope, needs and goals are consistently met. We ensure that the right staff are assigned to various projects based on the specific discipline needs of each project. Partnering to Achieve Goals The Wikipedia definition of Business Partnering goes like this: "Businesspartnenng a "the development ofsuccessful, long term, strategic relationships between customers and suppliers, based on achieving best practrce and sustainable competitive advantage"(Lendrum, 1997). To this end, the City of Arroyo Grande and Wallace Group have already achieved a solid partnering relationship. However, we must reinforce the importance of this approach moving forward. Above, we have talked about our Work Plan/Project Management Plan, and our QNQC Program to ensure quality work products. But how will we really use these tools effectively, in partnership with the City, to execute projects and achieve common goals? SECTION Ill WORK PLAN - Effective Communication. F~rst, Partners need to communicate effectively to ensure that both parties arel'on the same pagenand that expectations are understood.This can be paralleled with any relationship, business or personal. Effective and clear communication will ensure that Wallace Group and City staff areUin tuneUwith one another, we understand your needs and the needs of your Projects. Not only is this WALLACE GROUP Item 8.g. - Page 29 City of Arroyo Grande Engineering Consultant Services stated in the PMPs we prepare, but we practice and implement these procedures faithfully. When Jill McPeek meets wlth Clty staff for routine staff meetings, we afford each other face time to interact, discuss Issues and concerns, project needs, and we integrate this information as we proceed with the Work. Some projects require periodic, frequent meetings; sometimes a quick telephone call or email will suffice. Regardless of the type and level of communication, all communications are important, and essential throughout the course of the project. Flexibility. PMPs, QNQC plans, are"tools'; but how are these tools adapted to the myriad of projects that will be ~mplemented?Very slmply, relying on "the right tool for the right job-- this is exactly how these project management tools are used most effectively on projects. Our QAIQC program and PMPs are not "cookie cutter". They are tailored specifically to the needs of each and every job.The level of QNQC, invd~vement, complexity and frequency of revlews, selecting the appropriate QNQC reviewer, and all of the various components are carefully thought out for each unique project that we tackle. Each of our program management tools are fully adaptable and flexible to the needs of individual projects and specific client needs. Responsiveness andTimeliness. When a water main breaks, City staff will immediately respond. If the leak is not fixed promptly, additional damage will ensue, and theUdomlno effectHwill prevail.This holds true with effectively managing projects. No matter how large or small an issue may seem at the time, they must be addressed promptly, efficiently and effectively.This holds true for both parties, and we recognize the importance of being pro-actlve, attentive, prompt and efficient in carrying out day-to-day management wlth the City's capital Improvement projects. Keeping all project elements in line and promptly addressed, will ensure timely completion of projects. Committed Resources. One of the elements of our Work Plan is to identify appropriate team members to match the needs of the Project. We not only identify the team members assigned, but we make sure that our team members are committed to each project they are asslgned to.Thus, the City should expect to see the rlght staff committed to your projects, wlth continuity and little to noUturn-over". Fiscal Responsibility. Managing budgets is of utmost importance to public agencies. We understand that budgets are allocated and approved by the City Councll, and the d~fficulties that arise when project funds fall short. Internally, Wallace Group pays close attention and tracks project budgets, through the use of our company-wide project accounting system (Deltek), and frequently checks project progress versus budget expended. It is relatively slmple to calculate what budget has been spent, and what remains, but the key is to match real progress on a project against the scope of work delineated in the contract. It is these aspects that we pay close attention to, to ensure that our project budgets are on target. More importantly, when we assist the City with managing their projects, it is wlth the same standard of care that we manage, monitor and control public monies on capital improvement projects. SECTION Ill WORK PLAN The following describes the specific "work planMfor tasks specified in the City's proposal: It is understood that the Wallace Group "internal PMPnas described above applies to these activities as well. WALLACE GROUP Item 8.g. - Page 30 City of Arroyo Grande Engineering Consultant Services Task A: Management of Capital Improvements Projects 1. Management of capital projects including roadway, utility, water, sewer, and storm water projects, and oversees the preparatlon of design, specifications and cost estimates packages. This includes coordinating and attending kick-off and progress meetings with the design team, preparing meeting minutes, directing and ensuring follow-up items are accomplished, and providing information as requested to the design team. 2. Prepare request for proposals, development ranking sheets, review proposals, coordinate interviews, and prepare and distribute letters to consultants regarding project award. 3. Develop public notice mail~ngs, coordinate and conduct public meetings, and coordinate various activities among property owners, advisory groups and City staff. 4. Provide contract administration services, Including distributing and coordinating bid package review, coordinating and attending pre-bid, pre-construction and construction progress meetings, processing submittals and RFls, development of punch list items, public relations, and outreach during construction activities. 5. Coordinate inspection services for various capital projects to ensure preparation and completion of construction progress review, contractor payments, schedule monitoring, budget monitoring and project status reports. Key Staff: Jill McPeek Availability: 90% Other Staff Assigned: Engineering staff Response Time: Can begin services on newly initiated tasks within 24-48 hrs Task B: Preparation of Grant Applications for Capital Projects Research, review and prepare grant application proposals for submittal to appropriate funding agencies. Meet with applicable funding agencies to identify funding programs and applicable projects. Develop and maintain a strong professional relationship with current and prospective funding organizations. Provide grant administration through the planning, design and construction phases of the project. Provide progress invoicing during project development and construction and provide a final accounting of the project for close out. Th~s includes, but is not limlted to: . Execution of necessary Funding Agency-City agreements . Preparing documentation for the Field Review and Preliminary Environmental Study (PES) forms, attending Field Reviews, and securing NEPA determination from Caltrans . Securing project authorization for each phase of the project, PS&E, ROW, Construction, and preparation of construction contract Award package Consultant selection . Preparation of invoices to obtain reimbursement of expenditures Preparation of Final Report of Expenditures and Invoice package for project close out SECTION Ill WORK PLAN Key Staff: Jill McPeek Availability: 90% Other Staff Assigned: Cynthia Chambers Response Time: Can begln services on newly initiated tasks within 24-48 hrs WALLACE CROUP Item 8.g. - Page 31 City of Arroyo Grande Engineering Consultant Services Task C: Engineering Studies Prepare and review of Engineering Studies, including feasibility studies for Public Works Capital lmprovement projects. Provide both the project management and technical engineering for Engineering Studies for both new and rehabilitation of transportation infrastructure (roads, bridges, intersections, hardscape, etc.), storm drain systems, water and sewer systems. Key Staff: Dace Morgan, PE Availability: 25% Other Staff Assigned: Debra Tumbler, Alberto Lopez Response Time: Can begin services on newly initiated tasks within 1 week Task D: Review and Process Land Development Applications Provide engineering review of engineering plans, plats, easements, etc. required for the construction of new development. Provide document review and management for all subdivision maps, legal descriptions, exhib~ts, lot line adjustment, certificates of compliance, etc. Provide coordination with the City Engineering and Planning Staff in the processing and preparation of legal documents for recordation conditioned by the City upon applicants of land development. Key Staff: Darrell Goo Availability: 90% Other Staff Assigned: George Marchenko Response Time: 1-2 weeks depending on level of review required Task E: Review of Plans, Maps, Easement Documents and Traffic Studies Provide technical engineering and quality control review of plans, specifications and estimates for Public Works Capital lmprovement projects and Development projects. Review ofTraffic Studies for compliance with the City's General Plan for Level of Service for roadways and intersections. Provide recommendations and comments for City staff to consider regarding ITE trip generation calculations provided in traffic studies prepared for development projects. Provide a thorough review of Maps and Easement Documents prepared for Capital lmprovement projects and development projects. Key Staff: Dace Morgan, PE Availability: 25% Other Staff Assigned: Darrell Goo, George Marchenko, PLS Response Time: 1 - 2 weeks depending on level of review required Task F: Preparation of Legal Descriptions, and Sign-Offs on Final Maps and Lot Line Adjustments Prepare new legal descr~ptions for permanent and temporary easements, leases, fee or other grants and documents. S~gn and seal originals for final tract maps, parcel maps, certificates of correction, lot line adjustments, certificates of compliance, and other documents. SECTION Ill WORK PLAN Key Staff: George Marchenko, PLS; Craig Campbell, PLS Availability: 90% Other Staff Assigned: Darrell Goo Response Time: 1-2 weeks for legal descr~ptions. A few days for map sign-off WALLACE GROUP Item 8.g. - Page 32 City of Arroyo Grande Engineering Consultant Services Task G: Other Specialized Engineering Services 1. Environmental Provide entitlement support to engineering, including feasibility analysis and developing requests for proposals to acquire environmental expertise as needed (i.e., archaeology, blology, visual, air quality, etc.). Manage subconsultants to perform environmental studies and prepare analyses to meet CEQA and NEPA requirements as necessary. Facilitate meetings with review agencies and coordinate permit requirements. Key Staff: Cynthia Chambers Availability: 50% Other Staff Assigned: Planning Staff Response Time: 48 hours to 1 week depending on requirements 2. Water Provide engineering studies, master plans, preliminary design, detailed deslgn of various water system improvements. Such Improvements may Include water storage tanks, booster pumping stations, water pipelines, and other related water system facilities. Prepare drawings, technical specifications, front-end specifications, and prepare engineer's probable estimate of construction costs for the capital improvement projects. Key Staff: SteveTanaka, PE; Kari Wagner, PE Availability: 75% Other Staff Assigned: Valerie Huff, PE; Rachel Arnold, PE Response Time: Immediate, committed to assigned projects and deadlines 3. Sewer Provide engineering studies, master plans, preliminary and final design of various wastewater system improvements. Such improvements may include sewage lift stations, collection system gravity sewers, sewer siphons, force mains, and other related wastewater system facilities. Prepare drawings, technical specifications, front-end specifications, and prepare engineer's probable estimate of construction costs for the capital improvement projects. Key Staff: Steve Tanaka, PE; Kari Wagner, PE Availability: 75% Other Staff Assigned: Valerie Huff, PE; Rachel Arnold, PE Response Time: Immediace, committed to assigned projects and deadlines 4. Storm Water Provide design development analysis for storm water capital Improvement projects, preliminary hydrology and hydraulic calculations using HEC-HMS, HEC-RAS, StormCAD, FlowMaster, CulvertMaster, HydroCAD Hydrographs programs, or generate a 2 dimensional flow model with Flo2D. Preparation of hydrology and hydraulic scudies, as well as design and preparation of storm drainage plans and specifications. We have project experience, which includes design and preparation of Caltrans highway improvement plans, sedimencatlon analyses, erosion control plans, and Storm Water Pollution Prevention Plans. SECTION Ill WORK PLAN We can develop flood routing models of existing dralnage facilities and implement flood plain studies acceptable to FEMA and for FEMA map amendments.These studies consider areas of suspect flooding and the effects of a 100 Year Storm Event that are WALLACE GROUP Item 8.g. - Page 33 City of Arroyo Grande Engineering Consultant Services processed through FEMA for an approval of a LOMR, or Letter of Map Revision. Our project experience allows us to work with AutoCAD's Civil 3D and Archmap using GIS datasets to implement the most effective plan design model Key Staff: Debra Tumler, PE, QSP; Alberto Lopez, PE, QSP Availability: 50% Other Staff Assigned: Valerie Huff, PE, QSP Response Time: Can begin services on newly initiated tasks within 1-2 weeks 5. Traffic and Traffic Engineering Provide engineering design and review for transportation related infrastructure improvements.These improvements would range from intersection improvements, streetscape improvements, pavement rehabilitation projects and strategies, bridge maintenance projects, and traffic calming projects. Prepare construction bid documents using Caltrans standards for design, plan preparation, specifications, and estimate preparation. Key Staff: Dace Morgan, PE Availability: 25% Other Staff Assigned: Engineering staff Response Time: Can begin services on newly initiated tasks within 1 wk 6. Surveying Provide accurate and useful ~nformation to support a wide range of planning, engineering, construction management, GIs, and landscape architecture services utilizing the latest surveying technology and software available. Key Staff: George Marchenko, PLS Availability: 50% Other Staff Assigned: Survey staff Response Time: Can begin services on newly initiated tasks within 1-2 weeks 7, Inspection Provide quality construction management, construction administration, and inspection services for public works capital improvement projects. Full-time or part-time services can be provided depending on the needs of the City and the project. Prepare daily activity reports, review submittals for compliance with the specifications, prepare change orders, prepare weekly statements of working days, prepare monthly progress pay estimates, and prepare monthly/weekly construction updates for the City. SECTION Ill WORK PLAN Key Staff: Richard Pavlich Availability: 75% Other Staff Assigned: Peter Rynning Response Time: Can begin services on newly initiated tasks within 24-48 hrs WALLACE GROUP Item 8.g. - Page 34 Attachment 2 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of November 1, 2012, between WATER SYSTEMS CONSULTING, INC. ("Consultant"), and the ClTY OF ARROYO GRANDE, a Municipal Corporation ("City") for ClTY ENGINEERING SERVICES. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 1, 2012 and shall remain and continue in effect until November 1, 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 herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of hislher ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION Teresa McClish, Community Development Director, shall represent City in all matters pertaining to the administration of this Agreement. John Wallace, Principal, 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 CAUSE (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 Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Item 8.g. - Page 35 (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. 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 hislher delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, helshe 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 performance under this Agreement, or the conduct of the services under this Agreement; Item 8.g. - Page 36 (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. Item 8.g. - Page 37 (a) lndemnification for Professional Liabilitv. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) lndemnification for Other Than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General lndemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. (d) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. Item 8.g. - Page 38 (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. UNDUE INFLUENCE 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 hislher tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. Item 8.g. - Page 39 16. RELEASE OF INFORMATIONICONFLICTS 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 interrogatories, 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: City of Arroyo Grande Teresa McClish Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 To Consultant: Water Systems Consulting, Inc. Jeffery Szytel, PE President P. 0. Box 4255 San Luis Obispo, CA 93403 Item 8.g. - Page 40 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, Exhibit "D", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "En, attached hereto and incorporated herein by this reference. 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. 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. 23. AMENDMENTS Amendments to this Agreement shall be in writinq and shall be made only with the mutual written consent of all of the parties to this Agreement. Item 8.g. - Page 41 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that helshe has the authority to execute this Agreement on behalf of the 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 CONSULTANT By: By: Tony Ferrara, Mayor Attest: Kelly Wetmore, City Clerk Approved As To Form: By: (Title) Timothy J. Carmel, City Attorney Item 8.g. - Page 42 SCOPE OF WORK This agreement is a non-exclusive continuirrg services contract to provide on-call engineering services for the City of Arroyo Grande. The Consultant will augment and support City staff and provide services at the sole direction and discretion of the City. The maximum amount payable under this Agreement shall not exceed $27,000. The city does not guarantee that the Consultant will receive a specific volume of work or total contract amount. At the City's option, the maximum amount payable may be increased by an Amendment to the Agreement. Work performed under this Agreement shall be authorized by Task Order. Each Task Order will provide a specific scope of services, schedule, completion date, and budget for the services required. Task Orders shall be approved and signed by the Community Development Director or hislher designee prior to beginning work. Item 8.g. - Page 43 Attachment 1- WSC Rate Schedule EXHIBIT B 20 12 Standard Rate Schedule 5% mark-up on labor for incidental in-house expenses 10% mark-up on direct expenses Labor Classification Principal Project Manager Senior Engineer Project Engineer Staff Engineer Staff Planner Construction Inspector (prevailing wage) Construction lnspector (non-prevailing wage) Senior Technician Technician Administration / Clerical 15% mark-up for sub-contracted services Standard mileage rate $0.55 K per mile (or current Federal Mileage Reimbursement Rate) Rates are subjeit to revision as of December 31,2012 . Hourly Rate $215 $195 $175 $155 $135 $115 $120 $105 $95 $85 $75 PO Box 4255 1 San Luis Obispo, CA 93403 Page Item 8.g. - Page 44 Attachment 2- Terra Verde Rate Schedule TERRA-VERDE 3765 S. Higuera Bouleva~.d. Suite 102 San Luis Obispo, CA 9340 1 805-896-5479 TERRA VERDE ENVIRONMENTAL CONSULTING 201 2 STANDARD HOURLY B1 LLING RATES Item 8.g. - Page 45 Attachment 3- SES Rate Schedule I 220 Wesl rand Avenue ~&ndldof~6alifornla 92025 2012 FEE SCHEDULE SERVICE RATES GARY M. SZYTEL Registered Civll Engineer Llcensed Land Surveyor Off. (760)74 1-6979 Fax (760) 74 1-3722 Secretary $ 47.00 per hour CAD Dl-aftsman 85.00 per hour One-Man Survey Crew with GPS and Robotic System (3-hour minimum) 180.00 per hour Two-Man Survey Crew with Total Station (3-hour minimum) 195.00 per hour Party Chief, Office Surveyor, Project Designer, Percolatipn Testing 90.00 per ho:!: Project Manager 100.00 per hour Principal Civil Engineer and Land Surveyor 150.00 per hour Expert Testimony/Depositions - Principal * 375.00 per hour Expert TestimonylDepositions - Project Manager * 275.00 per hour * Expert testimony rates are.for octrlul time qf testimony. Travel tirne UII~ waiting time ure charged at normal rute.v. The above rates include off~ce and field equipment and transportation within San Diego County. Transportation outside of San Diego County is charged at $.50 per mile. All hourly field rates are charged portal to portal. The minimum charge is for one-half hour. Not included in the above rates are field materials, printing, long distance telephone charges, postage nor any other materials or job costs. These items will be charged at cost plus 15 percent. This fee schedule is subject to change without notice. Item 8.g. - Page 46 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 lnsurance using lnsurance Services Office "Cornmercial 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 IS0 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. Professional Liability or Errors and Omissions lnsurance 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. lnsurance 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. Item 8.g. - Page 47 General conditions pertaining to provision 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 IS0 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. 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. Item 8.g. - Page 48 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 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. Item 8.g. - Page 49 15. Consultant 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 andlor 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. 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. Item 8.g. - Page 50 EXHIBIT D \ CITY OF ARROYO GRANDE ENGINEERING SERVICES REQUEST FOR PROPOSALS JANUARY 2012 Item 8.g. - Page 51 CITY OF ARROYO GRANDE ENGINEERING CONSULTANT SERVICES REQUEST FOR PROPOSALS I. PROPOSAL INTENT The City of Arroyo Grande, California intends to contract for consultant engineering services on an ongoing and as needed basis to supplement in-house staff r,esources. The objective is to contract with one engineering firm to be available when necessary to provide engineering consultant services related to the management of its capital improvement program, design of small capital improvement projects, design review and analysis of private development applications, and other engineering services as requested. The City will continue to solicit separate proposals for design of major capital improvement projects. This. agreement would not cover those services, but the engineering firm selected would not be precluded from submitting proposals for design of additional major capital improvement projects. II. BACKGROUND . The City of Arroyo. Grande is a full-service city located on the' Central Coast of 'California midway.between Los Angeles and San Francisco. The City of Arroyo Grande comprises 5.45 square miles and serves 17,252 residents. The City's Engineering Services Division is part of the Community Development Department. 'The Division consists of a full-time Assistant City Engineering and two part-time project,engineers. ' The City's capital improvement program for FY 201 1-12, including carryovers from the prior year, is over $10 million. The City normally averages between $3 million and $4 million in capital hrtprovements each year. . Approximately $40,000 is budgeted for ongoing contract consultant engineering services. However, when work associated with individual projects is added, the budget for.services is likely to be in the range of $100,000 to $200,000 annually ' under the proposed agreement. Ill. SCOPE OF WORK The City is interested. in cdntracting with a consultant to provide engineering services as requested including, but not limited to, the following tasks: A. Management of capital improvement projects; including: . 1. Design - Preparation of plans and specifications, cost estimates 2. Consultant Selection and ~dministration' . 3. Public Notification and Coordination 4. Contract Administration and Construction Support ' 5. ' Inspection Item 8.g. - Page 52 B. ~re~arat'ion of applications .for, and administration of, State, Federal and regional grants for capital projects; C. Engineering studies on City and private development project'issues; D. Review and process of land development applications; E. Review of plans, maps, easement documents and traffic studies; F. Preparation of legal descriptions and sign-off on,final maps and lot line adjustments; and G. Other specialized engineering services as requested by City and mutually agreeable to both parties, which may require any of the following trades: Environmental ,I . 2. Water 3. Sewer 4. Storm ,Water 5. Traffic 6. Surveying IV. PROPOSAL FORMAT AND CONTENT Each proposal shall include as a minimum the following information in this format: A. Introduction ' Present an introduction to the proposal describing the firm's understanding of the desired work and experience as it relates to this agreement. Qualifications . B. Include a description of the firm's background, resumes of key staff proposed to provide the desired services, ex'amples of similar work performed for other. agencies, references, and a. description of the level of expertise available within the firm in the following areas: 1. Management of capital improvement projects 2. lnspecfion of capital improvement project 3. Development Review 4. Environmental 5. . water - 6. . Sewer 7. Storm Water 8 Traffic 9. Surveying' 10. Traffic Engineering Item 8.g. - Page 53 C. Work Plan . Provide a brief description of the work plan that would be proposed to carry out the tasks set forth'in Section Ill.- scope of Work, including the availability of the key staff identified, as well as which staff would. be assigned and response times for specific types, level, and specialties of work. D. Cost Proposal . Submit a cost proposal in a separate sealed envelope. The fee. proposal ' . will not ,be reviewed until a. review panel determines the qualified firms and finalists. The cost summary shall include a schedule of all hourly rates for engineering services for all classifications of positions proposed to be associated with the agreement. , V. SELECTION PROCESS A review committee will evaluate the proposals based on relative experience, qualifications, and ability of the proposed approach to meet the needs of the City. Once the most qualified firms are selected, finalists will be invited to an interview wi,th a selection panel. A final selection will be recommended by the panel to the City Council based on the following criteria: 1. Relative experience and qualifications 2. Ability of proposed approach to meet the needs of the City 3. Cost effectiveness VI. SUBMITTAL , A. Submit a total of 4 copies to: Teresa McClish Community Development Director City of Arroyo Grande 300.East Branch Street Arroyo Grande, CA 93421 B. show the following information on the outside of the package: ~onsultant's name and address Engineering Services Contract C. Closing Date: All proposals must be'received by Friday, February 24, 2012 at 5:00 p.m.. D. The City reserves the right to reject any or all proposals for any or no reason. For more information, please contact Teresa McClish at 805-473-5420. Item 8.g. - Page 54 EXHIBIT E . . - . . - . . . . . - - - - . - - - - . - . . -. - , - -. --. -- . - - - - - - - . . ' 7 , - .. - 1 Introduction . .. ,I , . ,.-, , Project Understanding The City of Arroyo Grande is located in the southern portion of San Luis Obispo County along the banks of the Arroyo Grande Creek. The City, a general law entity, currently incorporates 5.45 square miles of land with primarily residential and agricultural land uses. The City's distinctive character derives from its traditional ties to agriculture, physical diversity, unique village, small town atmosphere, and rural setting. The City is seeking to augment its in-house staff resources by contracting with a consultant engineering team on an ongoing and as-needed basis to provide engineering services including capital improvement program management, design of small capital projects, private development review, and other services. Water Systems Consulting, Inc. (WSC) understands that the City desires a consultant engineering team who will: 1. Effectively and efficiently work in a staff extension role as part of the City's team. 2. Assist the City with interfacing with developers and performing development review. 3. Perform financial analysis and budget management for capital projects. 4. Work directly with the City's preferred traffic consultant or procure a traffic consultant based on specific project needs. 5. Perform storm water analysis, including runoff calculations, storm drain improvement designs, retention/detention basin analyses, and hydromodification review. 6. Design small capital projects and provide engineering services during construction. 7. Perform on-call construction management and/or inspection services, if the need arises. 8. Meet environmental requirements and execute permits. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 55 Introduction WSC's Team Aligns with the City's Needs WSC's team is comprised of WSC's staff, coupled with individual experts from Terra Verde and Szytel Engineering and Surveying (SES). This team is integrated, works well together, and brings the City expertise in each scope area listed in the RFP. > WSC is a civil and environmental engineering consulting firm located in San Luis Obispo, made up of experienced engineers, planners, and inspectors. WSC will provide all project management and CIP management services, as well as the services listed in the organizational chart below. WSC values our relationship with the City and will be accountable for the quality of all work products. > Brooke Langle is an environmental expert and Principal Biologist from Terra Verde, and is also based in San Luis Obispo. Brooke and the environmental specialists from Terra Verde will provide environmental and permitting services. > Gary Szytel is a seasoned surveyor and Principal Civil Engineer and Land Surveyor from SES. Gary will round out the team by providing land surveying and related services. > WSC does have capability and expertise in traffic engineering, but does not provide a full range of traffic engineering services. However, WSC will work with the City's preferred traffic engineer through the City's existing work agreement. If the City chooses not to contract with a traffic engineer or if a specific project need arises, WSC will procure a highly qualified traffic engineering firm with qualifications that align with the project. WSC's team is an integrated group of experts, who work well together. Detailed qualifications for Brooke, Gary and WSC are ' presented in the following section. Cln OF r- I I ARROYO GRANDE CALIFORNIA I Project Management Plan Review CIP Management Water I I I City's Traffic Engineer '1 TERRA-VERDE F Traffic I Environmental Traffic Engineering ' Permitting .L--.--_-- -- I I I I 2012 Engineering Consultant Services City of Arroyo Grande I - .--,-+----- -*,---= ~-A.a----+-=-& I Grants Sewer Engineering Studies Storm Water 4 / Item 8.g. - Page 56 Qualifications Introduction to WSC Water Systems Consulting, Inc. (WSC) is a civil and environmental engineering firm that specializes in the planning, design, evaluation and optimization of municipal water, wastewater, recycled water and storm water systems. From our offices in San Luis Obispo, WSC serves special districts, cities, counties, investor owned utilities and regulatoty agencies throughout California, and we have a strong understanding of the regulatoty and political climate that our clients operate within. WSC works collaboratively with our clients, applying proven approaches, state-of-the-art tools, and expertise-driven innovation to deliver truly outstanding results. WSC's Principal in Charge is also WSC's founder and President, Mr. Jeffety Szytel. Mr. Szytel's contact information is included below for your reference: Mr. Jeffety Szytel, PE, MBA Water Systems Consulting, Inc. Tel: (805) 457-8833, ext. 101 Fax: (805) 888-2764 jszytel@wsc-inc.com Mailing Address: PO Box 4255 San Luis Obispo, CA 93403 Phvsical Address: 3765 South Higuera, Suite 102 San Luis Obispo, CA 93405 "WSC's service was both professional and responsive, and the quality of the finislzed products was excellent. " -Bob Field, Water Quality Supervisor Victorville Water District " WSC helped Big Bear Lake D WP secure more than $5 million in federal assistance to support our badly needed water system improvements. We are very appreciative of everytlzing they've done, and can't tlzank them -William La Haye, Water Resources Manager Big Bear Lake Department of Water and Power -Shauntele James, Project Manager California American Water 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 57 Work Plan - . --- .~ ---- - - -~ -- I~ work Plan WSC Functions as an Extension of the City's Staff LIIIIC, CILIICI aL LIIC UIIILC: aIIu or on our cell phones, or can stop by if specific issues need to be discussed. Much of WSC's current work for agencies throughout California is performed through staff extension roles, similar to that desired by the City. WSC is currently serving in staff extension roles for: Big Bear Lake Department of Water and Power, California American Water, Northern Cities Management Area, and the City of Morro Bay. WSC does not work for developers, eliminating any potential conflicts. Additionally, our land surveyor is not based in San Luis Obispo County, so he can provide truly objective review of developers' submittals. At every level of our organization and team, WSC will proactively pursue the City's interests. Functionally Organized Teams Foster Quality & Accountability For each project, WSC will compile a team of highly qualified personnel whose qualifications match the proposed project role. The teams will be organized functionally, allowing each team member to focus on their particular discipline or area of expertise. To improve project efficiency and quality, the project teams will be kept as small as possible, while meeting every functional requirement with appropriately qualified staff. The project team(s) will be managed by Joshua Reynolds. Joshua will be the primary point of contact for the City, and will be actively involved on every aspect of the projects. Your projects will benefit from the direct involvement of WSC's most senior staff, supported by a team of some of the industry's most qualified experts in roles that align with their expertise. . ,,' ). WSC will prepare a highly qualified team with - . _ qualifications to match the proposed ' WSC will respond to written requests within the same day to confirm that we received the City's request. WSC will assign the right staff to complete the task(s), as shown in the table below. Although our response time will be the same day, the time to complete the task will vary according to the scope of the task. WSC will align our priorities with the City's priorities and work to meet the City's deadlines. - 2012 Engineering Consultant Services 2 9 City of Arroyo Grande I Item 8.g. - Page 58 Work Plan WSC assigns the best staff based on availability and expertise, and provides the depth to respond qtrickly to whatever the City is looking to accomplish. A Systematic Approach to Capital Projects Improves Outcomes Although every project is unique, most will follow a phased life-cycle that proceeds from contracting and initiation through preliminary engineering, construction document production, permitting, construction, and project close-out. Whether WSC will be responsible for engineering and permitting, or if a separate consultant team will be procured by the City and managed by WSC, WSC will follow a standardized approach based upon industry best-practices to improve budget and schedule performance, enhance project quality, comply with regulatory and jurisdictional requirements, and build consensus and stakeholder buy-in throughout the project life-cycle. WSC trses best-practices to enhance the project throughout its life-cycle. \ \,, 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 59 Work Plan Contract & Project Initiation - Begin with the End in Mind The activities conducted during the contracting and project initiation phase of the project are the basis for project success. During the contracting and project initiation phase, WSC will work with the City to: 1. Summarize the project goals. WSC will work with City staff to summarize general project goals, which may include: type and size of the proposed project; preliminary budget; schedule; mitigation requirements; legal constraints; safety concerns; and quality related goals. 2. Define the scope of services. WSC will work with the City to prepare a complete scope of services which includes a listing of tasks, deliverables, and where appropriate, a description of the roles and responsibilities of the City, WSC and any third party consultants. 3. Develop a preliminary project schedule and work- plan. Based on the City's schedule goals and the scope of services, WSC will develop a preliminary project schedule and work plan that shows major milestones, activities, review periods and approvals required. A Gantt chart will be developed and submitted to the City for review and comment. 4. Develop a budget estimate for design, permitting and construction. Based on the scope of services and preliminary schedule, WSC will develop a budget estimate which breaks down the expected project costs including contingency. If WSC will be providing the design and engineering services, the budget will be accompanied by a detailed fee proposal detailing WSC's professional services fees including labor and expenses. 5. Consultant procurement. If a third party consultant will be hired for the work, WSC will develop a Request for Proposals using the City's standard documents as available for reference. The RFP will comply with State law as it relates to consultant contracting, and will include specific provisions required by the City and/or funding agency(ies). WSC will manage the procurement process, coordinate consultant outreach, conduct required meetings, evaluate consultant proposals, and make recommendations to the City on consultant selection. Once the consultant has been selected, WSC will notify the selected firm, facilitate contract negotiations, and administer the City's contracting requirements. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 60 Work Plan Preliminary Engineering Establishes "Best-Value" Solution The preliminary engineering phase will be used to: gather relevant data, including field survey(s) as required; define and evaluate project alternatives; investigate project feasibility; refine project cost estimates; and develop a program for project implementation including permitting, regulatory approval and public involvement. The culmination of the preliminary engineering phase will be a preliminary design report that includes: project goals and objectives; relevant background information including existing conditions; alternatives analysis; project description and design criteria; process flow diagrams and layout drawings; cost estimates; permitting and jurisdictional approval requirements; and proposed implementation schedule. A Logical Progression through Final Design Minimizes Re-Work Once preliminary engineering is complete and the project is ready for detailed design, a work plan for producing construction documents will be developed. Typically, design submittals are prepared at 30%, 60%, 90%, and 100%. Each submittal typically includes plans, specifications and cost estimates (PS&E). The content and level of detail of desi-qn slrbmittals depends upon level of project completion. I DRAWINGS 1 1 Conduit and Cable Schedule I -- I Preliminan, I Com~lete I Final I Topography Site Grading and Drainage Site Layout Process Layouts Alignments (linear projects) Equipment Layouts Control Panel Layouts Contractor Staging Area I Process & Instrumentation Dianrams 1 Com~lete 1 Final ,, 1 1 SPECIFICATIONS I 1 General Provisions I -- I Com~lete I Final I Complete 1 Bidding Documents -- I Preliminary I Complete I Final Preliminary Preliminary Preliminary Preliminary Preliminary -- -- -- Final 1 Technical S~ecifications I -- I Preliminarv I Com~lete I Final I Update Update Update Update Update Preliminary Preliminary Complete Complete Complete Complete Complete Complete Complete 1 Control Descriptions I Preliminary I Update I Complete I Final Final Final Final Final Final Final Final 1 SUPPORTING INFO I I Instrument data sheets I -- I Preliminarv I Com~lete I Final I Cost Opinion Equipment data sheets 2012 Engineering Consultant Services City of Arroyo Grande 20% contingency -- Electrical data sheets -- 1 Preliminary 1 Complete 1 Final 15% contingency Preliminary 10% contingency Complete Calculations 10% contingency Final . -- Final -- -- Item 8.g. - Page 61 Work Plan Conformance with Industry Standards Improves Project Quality, Performance and Safety WSC recommends that all designs conform to current standards including those produced by the American Water Works Association (AWWA) and American Society of Civil Engineers (ASCE), in addition to current building and safety codes, City ordinances and trade-specific standards. Specifications are typically prepared in CSI format, and City standards are incorporated into plans and specifications where appropriate. Cal-Trans standards are used where applicable including general guidance, standard specifications, standard provisions and standard plans. By developing a complete listing of applicable codes and standards early in the design phase, WSC helps to prevent delays and extra costs from the reworking of plans and specifications to meet these requirements. Integrated QA/QC Program Means Quality is "Built-In" WSC uses a total quality management throughout the project life-cycle, and applies rigorous quality assurance and quality control measures during the construction document phase. These activities include: P Assign a sufficient number of staff with appropriate experience and availability including senior staff whose only role is to conduct QC reviews P Plan, conduct and document frequent team meetings including the owner and stakeholders as appropriate P Maintain and document active communication among the project team members and track project decisions in a decision log P Schedule, conduct and document thorough quality control reviews on all submittals prior to submission to the County or other regulatory agency(ies) 3 Track anylall design changes after 60% design to ensure coordination between the disciplines In addition to scheduled QC reviews, WSC will conduct a constructibility/biddability review at the 90% submittal stage. The purpose of this review is primarily to look for ways to improve biddability and constructibility, and to catch conflicts between engineering disciplines. The best way to improve biddability and constructibility is to provide complete and clear construction documents. For example, it is common in pumping station design to leave the electrical and instrumentation design to the end of the design. This often results in omissions and incomplete electrical design. As part of our effort we will 2012 Engineering Consultant Services 33 City of Arroyo Grande Item 8.g. - Page 62 Work Plan cross check the equipment and devices shown in the specifications and process drawings with the electrical drawings and schedules. This strategy helps to reduce omissions and subsequent change orders to the project. Good Communication Is Essential to Deliver a High Quality Project A high level of coordination between the project participants and stakeholders is essential to ensure high quality and minimize conflicts. This mandates good communication throughout the project. WSC1s central role will be to manage the flow of information between the City staff, project participants and stakeholders. This includes establishing and maintaining a formal process for project communications and documentation. But it also includes active encouragement of good communication among project team members that is clear, thorough, honest, open and frequent. WSC1s approach to managing communication throughout the project includes the following basic strategies: > Encourage and maintain frequent communication. Day to day, communications among the parties takes place formally (written correspondence, submittals, reports, structured meetings) and informally (on-site conversations, telephone calls, impromptu meetings). The best way to avoid a lapse in communication or a coordination breakdown is to proactively employ formal and informal communication methods to keep the flow of information fresh, relevant and productive. > Maintain thorough documentation. WSC1s Project Manager will consistently document project activities, conversations, decisions and reference information. We will use a variety of means including telephone conversation records, written reports, meeting minutes, document transmittals, decision and action logs, correspondence templates, document logs and written follow-up. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 63 Work Plan > Keep all documents and records organized and accessible. WSC uses a common structure to maintain hardcopy and electronic files to ease in document tracking, keep necessary information organized and to facilitate efficient workflow. Thorough Planning Keeps Permitting and Regulatory Approval On-Track For every project, WSC develops a concise permitting plan. The permitting plan includes a listing of all jurisdictional agencies and their review requirements, permitting requirements, roles and responsibilities, primary contact information, costs, approval timelines and milestones. WSC will work with the City to ensure that division of responsibility as it applies to regulatory approval and permitting is included in the scope of services and professional services agreement. Active Involvement During Construction Makes Sure Design Intent is Met WSC will maintain involvement throughout construction. Our activities could include the following: Bidding administration and contractor selection Contract administration Construction meeting scheduling and attendance Construction staking (as needed) Responding to requests for information (RFls) and requests for clarification (RFCs) Reviewing contract submittals Evaluating changes during construction Conducting site visits as required to verify design intent Supplementary design and/or redesign in response to changed field conditions Resident observation WSC will work with the City to develop a construction management plan that meets the City's needs while protecting your interests through construction. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 64 Work Plan WSC Will Help the City Win Grants WSC has pursued and obtained grant and loan funding from State and Federal sources for capital improvement projects for agencies throughout California. Although every program is different, a systematic approach and attention to detail provides the best chances for a successful application. WSC applies a systen~atic approach to maximizegrant funding. Evaluate feasibility of obtaining funding Preparing grant applications can require significant resources. Before aggressively pursuing a specific grant, WSC will evaluate the feasibility of obtaining funding. This evaluation includes understanding program eligibility, program requirements, and the l~kelihood of obtaining grant funding. WSC will research program documentation, past projects funded, and speak with grant administrators. WSC will share the results of this initial feasibility evaluation with City staff, along with an estimated effort to complete the grant application, allowing WSC and the City to determine whether to proceed with the grant application process. Develop competitive a grant application If the City decides to proceed with pursuing a grant, WSC will develop a competitive grant application. WSC will conduct the appropriate quantitative and qualitative analyses to create technically sound supporting documentation. Depending on the type of grant, this may include a preliminary engineering report or similar application requirement. Assist with grant administration After a grant is secured, WSC will work with the document approval, contractor payment review coordination, monthly inspection, and loan and grant draw requests. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 65 Work Plan Managing Developer Relations through Proactive Service WSC routinely represents municipal clients in negotiations and analysis in support of developer proposed projects. Our services typically include: preparation of technical studies; review of development applications; review of plans, maps and traffic studies; and various professional land surveying tasks. For each type of service, we apply the same level of diligence, professionalism and follow-through to meet the needs of the developer community while pursuing and protecting the City's interests. Engineering Studies for Development Projects WSC has experience preparing a variety of studies for Cities and other municipal agencies regarding general and specific development issues such as sewer main capacity, fire flow availability, water demand projections, wastewater treatment plant capacity, water storage, and water availability. The methodology for each of the different studies begins with a proactive approach to understanding the issues at play with the stakeholders. A successful study needs to bring the different priorities of the stakeholders to the front in order to present data and findings in the report that will meet the needs of the City and other interested parties. After the scope of the study is agreed upon, WSC will diligently prepare an analysis of the problem using modern engineering principals and tools. Since WSC prepared the City's sewer collection system and water distribution system models, it is an easy fit to prepare model runs to identify sewer main capacity, and fire flow availability in certain areas of the City. Review and Processing of Land Development Applications Land development applications are governed by City Ordinances and State Law. Of primary importance is the California State Subdivision Map Act (Map Act) and the City's General Plan. The Map Act provides certain prescriptive steps the City must follow in order to conform to the law including acting within certain timeframes. The City's General Plan describes the vision of the City and how it should grow. WSC will log all development applications submitted to WSC for review and flag the application with a due date. WSC will then review the application within the context of the City Ordinances, General Plan, City Standards, and State Law and deliver the reviewed application within the time allotted. Review of Tract Maps and Lot Line Adjustments Tract maps are also governed by the Map Act and City Ordinances. WSC will log maps submitted for review, and will update the City on the status of the pending action. WSC1s surveyor will then review the maps for completeness and accuracy. WSC will also work with the City Development Department to 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 66 Work Plan identify appropriate Conditions of Approval for the map, and enforce conditions that may already be in place. WSC will also work with the City to create a laundry list of standard conditions of approval the City would like to see included with developments. For instance the Fire Department could request that street numbers be visible from the street, and the Police Department may request that adequate lighting be provided. Tract maps will be examined for conformance with the approved tentative map, grading plans, and improvement plans. Survey procedure for boundary determination will be scrutinized for compliance with state law and accepted surveying practices. Closures will be checked to confirm accuracy of all map data. The map will be compared with all adjacent record mapping to ensure that no boundary conflicts are created by the survey and that previous surveys are referenced properly. A current title report with copies of all referenced documents will be . -. required in order to conduct a complete analysis - of the easements encumbering and serving the property. Finally, the map will be reviewed for compliance with all specific conditions of approval for the project. Lot line adjustments will be reviewed for conformance with City zoning requirements including lot size and shape, as well as setbacks from existing structures. Conflicts with existing record subsurface facilities will be considered during the review. The adjustment plat and associated legal descriptions will be checked for agreement. Review of Public Improvement Plans Public improvement plans will be reviewed for conformance to City Standards and general engineering practice. WSC has a standardized checklist for reviewing public improvement plans. Initially WSC will ask the City to review this standard list and add comments for departments within the City, such as the Fire Department, Police Department, Public Works, Parks, Building Department, etc. 'This standardized list helps WSC focus the plan review on the City's needs, and helps create a thorough and consistent first plan review. Generally, the better the first plan review, the less iteration a plan goes through and the City ends up with a better product. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 67 Work Plan Preparation and Review of Easements Easements fulfill a vital role to the City, allowing access to private property to operate and maintain City infrastructure. First the easements need to be reviewed for reasonableness. Is the easement necessary? Does it mean a developer is proposing improvements across private property that could be better located in the street? Will utilities located in the easements create maintenance and access problems for the City? If the easement is determined to be required, the easements need to be reviewed for accuracy of the legal description, which will be provided by WSC's surveyor. Additionally, the terms of the easement need to match the needs of the City. For instance, an easement for a buried pipeline that doesn't allow digging isn't a useful tool for the City. Finally, easements are legal documents, binding on the City in perpetuity. Therefore the document must be reviewed by the City Attorney for completeness and accuracy. In the case where WSC is responsible for preparing easement documents, our surveyor will provide complete and accurate legal descriptions together with recordable plats, if desired. The legal must be readily retraceable, unambiguous and without conflict with adjoining easements and property lines. Other Specialized Engineering Services As described previously, WSC offers the City a diverse cross-section of engineers, from senior level multidiscipline engineers to junior level, highly competent engineers and planners. In addition, WSC's team is rounded out by senior inspectors, environmental specialists, and senior surveyors. We are prepared to respond to any specialized engineering service the City requests, including environmental, water, sewer, storm water and surveying disciplines. If we do not have the right person in-house, we will quickly hire or contract with the right person or firm to get the job done for the City. Why Select WSC? The City has a clear choice to make when selecting your team for the Engineering Consultant Services ongoing contract. Many of the firms proposing will be highly qualified, many will present good ideas. But we hope WSC stands out, and here are some of the reasons why we think we will: > Expertise. S~mply put, our team leaders are experts in their fields, with unmatched qualifications in their areas of expertise. > Continuitv. The City and WSC are currently working together on your Water and Wastewater Master plans. By selecting WSC for this project, the City reinforces the continuity of your existing team, and benefits from the expanded coordination and enhanced problem solving that arise from our ongoing collaboration. > Communitv. WSC is not a massive, nationwide firm with offices and shareholders across the globe. We are a local small business, and are direct contributors to the health and vitality of our local economy. WSC will be a member of this community for decades to come, and our success is inextricably tied to the quality and innovation that we deliver to our local clients. 2012 Engineering Consultant Services City of Arroyo Grande Item 8.g. - Page 68