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SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Ericsson-Grant Inc. (Consultant) CEQA Environmental Assessment for the Regional Wastewater Reclamation Facility Renewable Natural Gas Pipeline PROJECT TITLETASK 1 PROJECTKICK-OFF MEETING Consultant to conduct a kick-off meeting with Stakeholders for introduction of the team, develop understanding of the roles and critical path items as well as to discuss the Project Description. Potential stakeholders may include but not be limited to City DPU-UPE Staff and City Planning Staff. The Consultant will provide the City with a list of data/informational needs including but not limited to any maps or existing reports, or studies prepared for the Project. Consultant will formulate the Project Description and submit to the City DPU-UPE staff for review. Deliverables: Agenda, meeting minutes including action items and Data/informational needs list TASK 2 FIELD INVESTIGATIONS Consultant has reviewed the CEQA Appendix G Initial Study Checklist for the Renewable Natural Gas Pipeline Project and anticipates that field investigations such as biological surveys will not be necessary. Assembly Bill 52 Consultation is anticipated and included in the base cost for the services. Potential issues that may require technical studies include Air Quality & Greenhouse Gases, Energy Consumption Analysis, Cultural Resources Report, Preliminary Geotechnical Study, and a Phase I Environmental Site Assessment. Studies deemed necessary are to be funded from contingencyDeliverables: Draft and final copies of prepared technical studies TASK 3 COORDINATION WITH STAKEHOLDERS Consultant, with assistance from the City, will develop a list of contacts used to establish communication with Stakeholders. Stakeholders may include but not be limited to: Fresno County, PG&E, San Joaquin Valley Pollution Control District, Fresno Metropolitan Flood Control District, and adjacent property owners. Consultant will notify the stakeholders of the intended project and conduct meetings via telephone or video conferences to ensure an opportunity for participation. Eight meetings are included in the agreement with two additional meetings at $1,250 each to be funded from contingency as may be deemed necessary. Deliverables: Agenda and meeting minutes, including action items, on a per meeting basis TASK 4 PREPARE ENVIRONMENTAL DOCUMENT Consultant to prepare the Initial Study (IS) and Negative Declaration/Mitigated Negative Declaration (ND/MND) document in conformance with CEQA requirements to be submitted in three iterations:
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Administrative Draft: Submitted to the City of Fresno for review and comment. Consultant request that the City provide a set of consolidated track changes comments. A conference call or virtual meeting can be held, if needed, to discuss comments prior to incorporation. Deliverables: Six (6) hard-copies and two (2) electronic files (PDF and MS Word document) Screencheck Draft: After incorporating the Citys comments on the Administrative Draft, Consultant will prepare a Screencheck Draft. This version will be reviewed by the City prior to publication (see Public Draft publications below and Task 6). Revisions on this iteration are anticipated to be limited to minor text or grammatical revisions included as necessary at no extra cost. Deliverables: Two (2) electronic files (PDF and MS Word document) Public Draft: The Public Draft document will be produced and submitted to the State Clearinghouse. A shortened review period of 20 days (instead of the usual 30 days) will be requested from the State Clearinghouse. Consultant will also prepare the appropriate noticing (Notice of Completion, Notice of Intent) for submission to the State Clearinghouse and County Clerk. The Notice of Intent will also be published in paper of local circulation (i.e., the Fresno Bee) by Consultant (see Task 6). Deliverables: Fifteen (15) hard-copies and two (2) electronic files (PDF and MSWord document). Materials for public distribution shall comply with the Americans with Disabilities Act (ADA) per City Administrative Order 8-16. TASK 5 PREPARE RESPONSE TO COMMENTS, FINAL ENVIRONEMNTAL DOCUMENT AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The following items are included in one document as part of the Administrative Final ND/MND Response to Comments: Consultant will review the comment letters received on the ND/MND and coordinate with City staff to discuss the responses. Consultant will prepare draft responses to comments, along with an errata section containing any text revisions, if necessary. Upon completion, an electronic copy of the Administrative Final ND/MND and the MMRP will be made available to the City. Administrative Final Environmental Document: The Administrative Final Document will be prepared, taking into consideration comments received on the document during the public review period. This version will be submitted to the City for review and comment. Administrative Final Mitigation Monitoring and Reporting Program: Assuming preparation of an MND, the Mitigation Monitoring and Reporting Program (MMRP) will be prepared based on the document and any revisions to the mitigation measures precipitated by comments received on the MND. The MMRP will be prepared in a tabular format with columns identifying: the mitigation measure number; the mitigation measure text; timing for carrying out the measure; and the agency responsible for implementing the mitigation measure. The Administrative MMRP will be submitted to the City for review and comment. Deliverables: Two (2) electronic files (PDF and MS Word document) of the Administrative Final ND/MND. Final Environmental Document: After incorporating the Citys comments on the Administrative Final Document, Consultant will prepare the Final Environmental Document. This version will be DPU-S 8.3 /03-24-14 -4-
submitted to the City and circulated to individuals and agencies that commented on the draft document. Final MMRP: After incorporating the Citys comments on the Administrative Final MMRP, Consultant will prepare the Final MMRP. After incorporating the Citys comments on the Administrative Draft, Consultant will prepare a Screencheck Draft. This version will be reviewed by the City prior to publication (see Task 6). Revisions on this iteration are anticipated to be limited to minor text or grammatical revisions included as necessary at no extra cost. Deliverables: Two (2) electronic files (PDF and MS Word document) of the Final ND/MND. TASK 6 PUBLIC HEARINGS Consultant anticipates participation at up to two public meetings. This includes preparation and delivering of a PowerPoint presentation related to the CEQA portion of the project and supporting staff with inquiries about the environmental analysis, support public relations events (if any), respond to all inquiries. Consultants Principal-in-Charge/Project Director and Senior Project Manager will attend the Planning Commission hearing and the City Council hearing. Cost for additional meetings will be at a fee of $1,680 per meeting. Deliverables: PowerPoint presentation and attendance at meetings TASK 7 NOTICING Consultant will prepare and distribute all required CEQA notices. This will include the completion and distribution of the Notice of Completion, Notice of Intent, Notice of Determination and Notice of Preparation as appropriate. Consultant will work with City staff to develop and publish press releases and website postings to provide information to the public regarding CEQA process. Deliverables: Six (6) hard copies and two (2) electronic files (PDF and MSWord document) of environmental documentation related to the document, including the Notice of Intent to adopt the ND/MND, Notice of Completion for the State Clearinghouse, Notice of Determination and Notice of Preparation as appropriate. Consultant will coordinate and pay for advertisements and public notifications as required for CEQA preparation and applicable community meetings. Consultant will also coordinate with and send appropriate documents to the State Clearinghouse and applicable state agencies. Materials for public distribution shall comply with the Americans with Disabilities Act (ADA) per City Administrative Order 8-16. TASK 8 MONTHLY UPDATE MEETINGS Given the brief schedule proposed for the project (assumed 3 months or less), Consultant will establish a scheduled minimum 8 bi-weekly conference calls. An agenda will be provided prior to the call and meeting notes with action items noting the responsible individual as well as the timeframe for its completion will be distributed following the call. Deliverables: Agenda and meeting minutes, including action items, on a per meeting basis TASK 9 MONTHLY SCHEDULE AND BUDGET UPDATES DPU-S 8.3 /03-24-14 -5-
Consultant will provide an update on progress on the project, detailed billing and costs to date broken out on a personnel and task basis and a budget update on a monthly basis. The date of the updates will be tied to the kick-off meeting as the official start of work on the project. Deliverables: Monthly written update providing project status/milestones reached. TASK 10 PROJECT MANAGEMENT Consultant will provide project management throughout the course of document preparation including team calls with agendas and notes (see Task 8). Project Management also includes administrative time for invoicing. Deliverables: Monthly invoice.
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TENTATIVE SCHEDULE
++Excludes duration associated with Planning Commission and Council Meeting activities EA Schedule+ Project Task Days/Weeks Notice to Proceed December 21, 2020 1) Project Initiation (Week of December 21) 1 day 2) Preparation of Draft IS/MND 3 weeks 3) IS/MND Administrative Draft City Review 2 weeks 4) Revise IS/MND 1 week 5) IS/MND Screencheck Draft City Review 2 weeks 6) Production/Noticing 1 week 7) Public Review 30 days 8) Preparation of Draft Final IS/MND 1 week 9) City Review 2 days 10) Final MND and NOD 1 week Total Duration 16 weeks++ Total Duration DPU-S 8.3 /03-24-14 -7-
SCHEDULE OF FEES Consultants proposal fee estimate is provided below. This estimate has been prepared based on the information provided as part of the RFP. The fee may be subject to modification if during the analysis any unforeseen issues arise or additional services, studies or scope is requested by the City. Consultants Standard Labor Rate Schedule is provided below showing hourly rates used for various job classifications. We have also provided a budget of estimated costs based on the RFP and the project Description Operational and Environmental Statement for the RWRF Renewable Natural Gas Pipeline. Additional costs may be necessary if specific studies are needed to support the analysis. Employee Category Hourly Billing Rate Principal $135 Project Director $105 Project Manager $95 Analyst III $90 Analyst II $85 Analyst I/Planner I $75 Cultural Resources $95 Archaeologist $95 Biologist $95 Graphic Designer I $95Administrative $65 Direct CostsPostage/Overnight Mail Actual Cost + 10%Other Direct Costs Actual Cost + 10% Courier Charges Actual Cost + 10%Mileage Federal Rate + 15%
Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (CITY) and Ericsson-Grant, Inc (CONSULTANT) CEQA Environmental Assessment for the Regional Wastewater Reclamation Facility Renewable Natural Gas Pipeline PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1 . The most current version of Insurance Services Office (ISO) CommercialGeneral Liability Coverage Form CG 00 01, providing liability coveragearising out of your business operations. The Commercial General Liabilitypolicy shall be written on an occurrence form and shall provide coveragefor bodily injury, property damage and personal and advertising injurywith coverage for premises and operations (including the use of owned andnon-owned equipment), products and completed operations, andcontractual liability (including, without limitation, indemnity obligationsunder the Agreement) with limits of liability not less than those set forthunder Minimum Limits of Insurance.2 . The most current version of ISO *Commercial Auto Coverage Form CA 0001, providing liability coverage arising out of the ownership, maintenanceor use of automobiles in the course of your business operations. TheAutomobile Policy shall be written on an occurrence form and shall providecoverage for all owned, hired, and non-owned automobiles or otherlicensed vehicles (Code 1- Any Auto).3 . Workers Compensation insurance as required by the State of Californiaand Employers Liability Insurance.4 .Professional Liability (Errors and Omissions) insurance appropriate toCONSULTANTs profession.MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY:(i) $1,000,000 per occurrence for bodily injury and property damage;(ii) $1,000,000 per occurrence for personal and advertising injury;(iii) $2,000,000 aggregate for products and completed operations; and,(iv) $2,000,000 general aggregate applying separately to the workperformed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:$1,000,000 per accident for bodily injury and property damage.3. WORKERS COMPENSATION INSURANCE as required by the State ofCalifornia with statutory limits. 4. EMPLOYERS LIABILITY:(i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.5. PROFESSIONAL LIABILITY (Errors and Omissions):(i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate.UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the Minimum Limits of Insurance, this insurance policy(ies) shall follow form and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITYs Risk Manager or designee. At the option of the CITYs Risk Manager or designee, either: ( i ) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials,employees, agents, and volunteers; or( i i ) CONSULTANT shall provide a financial guarantee, satisfactory toCITYs Risk Manager or designee, guaranteeing payment of lossesand related investigations, claim administration and defenseexpenses. At no time shall CITY be responsible for the payment ofany deductibles or self-insured retentions.OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1 . CITY, its officers, officials, employees, agents, and volunteers are to becovered as additional insureds. CONSULTANT shall establish additionalinsured status for the City and for all ongoing and completed operationsunder the Commercial General Liability policy by use of ISO Forms or anexecuted manuscript insurance company endorsement providing additionalinsured status. The Commercial General endorsements must be as broadas that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG20 37.
2 . The coverage shall contain no special limitations on the scope of protectionafforded to CITY, its officers, officials, employees, agents, and volunteers.Any available insurance proceeds in excess of the specified minimum limitsand coverage shall be available to the Additional Insured.3 . For any claims relating to this Agreement, CONSULTANTs insurancecoverage shall be primary insurance with respect to the CITY, its officers,officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents,and volunteers shall be excess of CONSULTANTs insurance and shall notcontribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executedmanuscript insurance company endorsement that provides primary andnon-contributory status as broad as that contained in ISO Form CG 20 0104 13.The Workers Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective dateof the Agreement or the commencement of work by CONSULTANT.2. Insurance must be maintained and evidence of insurance must be providedfor at least five (5) years after completion of the Agreement work ortermination of the Agreement, whichever occurs first, or, in the alternative,the policy shall be endorsed to provide not less than a five (5) yeardiscovery period.3. If coverage is canceled or non-renewed, and not replaced with anotherclaims-made policy form with a retroactive date prior to the effective dateof the Agreement or the commencement of work by CONSULTANT,CONSULTANT must purchase extended reporting coverage for aminimum of five (5) years completion of the Agreement work or terminationof the Agreement, whichever occurs first.4. A copy of the claims reporting requirements must be submitted to CITY forreview.5. These requirements shall survive expiration or termination of theAgreement.All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has beengiven to CITY. CONSULTANT is also responsible for providing written notice to the CITYunder the same terms and conditions. Upon issuance by the insurer, broker, or agent ofa notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT
shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITYS Risk Manager or his/her designee prior to CITYS execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
Exhibit C DISCLOSURE OF CONFLICT OF INTEREST CEQA Environmental Assessment for the Regional Wastewater Reclamation Facility Renewable Natural Gas Pipeline PROJECT TITLE