Amendment to Agreement with Cannon Corporation for Construction Management for the 2022-2023 Pavement Rehabilitation Project

Agenda Item A.7

CPMS CONSENT CALENDAR
Meeting Date: December 5, 2023
____________________________________________________________

TO: Mayor and Councilmembers

FROM: Charles W. Ebeling, Public Works Director

CONTACT: Daniel Virgen Jr, Assistant Engineer

SUBJECT: Amendment t o Agreement with Cannon Corporation for Construction Management for the 2022-2023 Pavement Rehabilitation Project

RECOMMENDATIONS:

Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2022-095 with Cannon Corporation to extend their termination date from December 3 1, 2023 , to December 31, 202 4, and increase their contract amount by $74,760 for a new total not-to-exceed amount of $780,760.

BACKGROUND:

As part of the City’s Pavement Management Program (PMP) and to ensure the effective maintenance of the entire roadway network, the City undertakes an annual Pavement Rehabilitation Project. Public Works and Pavement Engineering, Inc collaborated on and completed the design for the 2022 -2023 Pavement Rehabilitation Project. On June 7, 2022, City Council approved the project plans and specifications and authorized staff to advertise the project for construction bids. The plans and specifications included priority roadway segments as part of the Base Bid and additional roadway segments as Alternates. The Public Works Department solicited competitive bids for the 2022 -2023 Pavement Rehabilitation Projec t in the Santa Barbara Independent on June 16, 2022, and June 23, 2022 Via PlanetBids. The bid opening was July 14, 2022, and the City received a total of three (3) bids from Granite Construction, Toro Enterprises, and Rasmussen. Granite Construction was t he apparent lowest responsive bidder and their bid was 30% higher than the Engineer's estimate. A summary of the bids and the engineer’s estimate are shown in Table 1 below.

Meeting Date: December 5, 2023

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Table 1: Bid Results

Contractor Basis of Award Amount
(Base Bid + Alternate ‘A’)
Total Bid Amount
Granite Construction, Inc. $2,879,875.00 $9,748,719.00 Toro Enterprises, Inc. $3,133,334.10 $9,013,132.93
Rasmussen, Inc. $3,483,803.00 $9,812,964.71
Engineer’s Estimate $2,496,617.51 $6,938,761.37

The summary of the Granite’s bid that includes Base Bid and Bid Alternates amounts with the engineer’s estimate is shown in Table 2 below:

Table 2: Bid Summary

Bid Summary for Granite Construction, Inc. Engineer’s Estimate Base Bid $1,584,322.00 $1,232,142.00
Bid Alternate A $1,295,553.00 $1,264,475.51
Bid Alternate B $745,195.00 $411,499.45
Bid Alternate C $715,823.00 $349,122.24
Bid Alternate D $686,434.00 $375,580.73
Bid Alternate E $372,317.00 $162,702.54
Bid Alternate F $553,512.00 $312,200.92
Bid Alternate G $1,180,792.00 $824,573.90
Bid Alternate H $588,463.00 $307,364.16
Bid Alternate I $1,646,699.00 $1,454,613.69
Bid Alternate J $101,670.00 $19,825.05
Bid Alternate K $277,939.00 $244,661.20
TOTAL $9,748,719.00 $6,958,761.39

On August 16, 2022, Public Works recommended City Council to award the Base Bid, Alternate ‘A’, and Alternative ‘I’ due to the project budget constraints. City Council approved the recommendation and awarded the construction contract to Granite in a not- to-exceed of $4,550,000. In addition, City Council authorized the City Manager to execute a Professional Design Services Agreement with Cannon Corporation in an amount not - to-exceed $450,000 for Construction Management and Inspection services for the 2022- 2023 Pavement Rehabilitation Project.

The roadway segments for the base bid and bid alternates are shown in Table 3 below:

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Table 3: Base Bid and Alternates

Alternate Location
Base Bid
Cannon Green Neighborhood, consisting of Cannon Green Drive (Phelps Road to Hollister Avenue), Chapman Place (Cannon Green Drive to End), Davenport Road (West End Cul-De-Sac to East End Cul-De-Sac), Elmhurst Place (West End Cul-De-Sac to East End Cul-De-Sac), Freeman Place (West End Cul-De-Sac to East End Cul-De-Sac), Greensboro Street (East End Cul-De-Sac to Cannon Green Drive), and Hillsboro Street (Cannon Green Drive to East End Cul-De-Sac), Hillsboro Way (Hillsboro Street to Cul-De-Sac), Lowell Way (Hollister Avenue to Lowell Way), Lowell Way (West End Cul-De-Sac to East End Cul-De-Sac); Los Carneros Way (Calle Real to Cathedral Oaks Road);
Alternate A
Covington Neighborhood consisting of Camino Caseta, Caseta Way, Camino Laguna Vista, Camino Talavera, Camino
Venturoso, Camino Viviente, Caroldale Lane, Covington Way Alternate B Padova Drive (Salisbury Avenue to San Rossano Drive) Alternate C Padova Drive (Alpine Drive to Alameda Avenue) Alternate D Armstrong Road (Reed Court to Mills Way)
Alternate E Hollister Avenue (West End to Cathedral Oaks Blvd) Alternate F Newport Drive, Palos Verdes Drive
Alternate G Phelps Road (Pacific Oaks Road to Storke Road) Alternate H Phelps Road (Storke Road to East End)
Alternate I Cathedral Oaks Blvd (Evergreen Drive to Alameda Avenue) Alternate J Tree Root Repairs – Various Streets
Alternate K Storke Road (Hollister Avenue to US 101)

DISCUSSION:

Construction for the 2022 -2023 Pavement Rehabilitation Project began in November 2022 and is anticipated to be completed by December 2023. The remaining work includes filing records of the survey monuments with the Santa Barbara County Surveyor to close out the project. The project included rehabilitation metho ds from grind and overlays to full-depth reconstruction, concrete curbs & gutter construction, American Disability Act (ADA) ramps updated to compliance, and traffic striping. Throughout the project, the City has issued five (5) change orders due to unfore seen reasons and the removal of Storke Road, and the addition of Armstrong Road to the scope of work. The total cost for the five (5) change orders was $766,734.34. In addition, a total of forty-one (41) working days were added to the contract time. The c hange orders were within the ten percent contingency.

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Construction Management

Public Works staff selected Cannon Corporation to provide construction management , inspection, and material testing services for the project. Cannon was selected from the City’s pre-authorized qualified consultant list that was established through a Request for Qualifications (RFQ) process and approved by City Council on December 3, 2019. Public works staff is recommending the City Council authorize the City Manager to execu te Amendment No. 1 to increase the contract amount by $74,760 for a new total not -to- exceed amount of $780,760. The $74,760 increase to the Cannon Corporation agreement is due to change order services such as Green marking for bike lanes , repaving the access road to Lake Los Carneros Park, and additional spandrel and cross gutters concrete work . Amendment No. 1 to the Cannon Corporation contract is provided in Attachment 1 and the original agreement with Cannon Corporation is provided in Attachment 2.

FISCAL IMPACTS:

The total estimated costs and funding sources associated with the Project are listed in Table 4 below.

Table 4: Project Cost Estimates

Project Components Estimated
Costs
Funding Source Funding
Amounts
Staff $150,000 General Fund (101) $3,259,865
Project Management $165,200 Gas Tax (201) $1,483,007 Design (Consultant) $650,000 RMRA (203) $1,238,000
Construction $4,550,000 Measure A (205) $580,990
Construction
Contingency/CCO $910,000 LSTP (306) $368,338
CM (Consultant) $450,000
Project Management
(Construction) $55,000
Total: $6,930,200 Total: $6,930,200

Project Funding

Table 5 below summarizes the project budget amounts, including carryovers, and funding sources. There are sufficient funds in the adopted FY 2023-24 budget to cover the cost of the professional services associated with this amendment.

Meeting Date: December 5, 2023

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Table 5: Project Funding

ALTERNATIVES:

The City Council may elect not to authorize the proposed Amendment No. 1 to the professional services agreement with Cannon Corporation; however, this will force Cannon to stop providing their construction management services to the project.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Amendment No. 1 to the Professional Services Agreement No. 2022-095 with Cannon Corporation

2. Professional Service Agreement No. 2022-095 with Cannon Corporation Account Fund
Projected
FY 2022-23
Carryover
FY 2023-24
Budget
YTD Activity/
Encumbrances Available
Balance
101-50-5800-
51073 General Fund $1,265,188 $730,000 $1,056,959 $2,603,729 201-50-5800-
51073 Gas Tax $950,162 $876,000 $80,363 $1,745,799
203-50-5800-
51073 RMRA $376,926 $808,000 $321,908 $863,018
205-50-5800-
51073 Measure A $383,261 $300,000 $673,748 $9,513
306-50-5800-
51062 LSTP $382,525 $0 $0 $382,525
Total $3,358,062

$2,714,000

$2,132,978 $5,604,584

ATTACHMENT 1

Amendment 1 to Professional Service Agreement No. 2022-095 with Cannon Corporation

City of Goleta
Amendment No. 1 to Agreement No. 2022 - 095

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AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND

CANNON CORPORATION

This Amendment No. 1 to the Professional Service Agreement by and between the City of Goleta , a municipal corporation (“City”) and Cannon Corporation (“Consultant”) dated August 16, 2022 (“Agreement,” Agreement No. 2022-095) is made on this _____ day of ___, 20______.

SECTION A. RECITALS

1. This Agreement is for professional services for construction management and inspection services for the 2022-2023 Pavement Rehabilitation Project; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed seven hundred and six thousand dollars ($706,000); and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $74,760 for additional tasks; and

4. The Agreement currently provides in Section 6 for the termination of the Agreement on December 30, 2023; and

5. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2024; and

6. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and

7. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

8. The City Council approved this Amendment No. 1, on this _____ day of ____, 20_____.

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

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1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $74,760 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT for the services under this AGREEMENT SHALL
NOT EXCEED the sum of seven hundred and eighty thousand, seven hundred and sixty ($780,760) (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONS ULTANT until December 31, 2024 after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional twelve months (12) to read in its entirety:

The term of this Agreement is from the date first written above to December 31, 2024, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

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In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

___________________________ ______________________________ Robert Nisbet, City Manager Pat Riddell, Director of Construction Management

ATTEST:

___________________________ ______________________________ Deborah Lopez, City Clerk Larry Kraemer, Director of Public Infrastructure

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney

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City of Goleta
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Exhibit A-1

Scope of Work

CONSULTANT SERVICES

Task 1: Pre-Construction Phase Services

SUMMARY: The approach and intent of the CONSULTANT is to provide the coordination and preparatory steps and scope necessary to facilitate the initial stages of the project and kick-off of the construction contract administration, including file/document control preparation, coordination meetings, initial critical submittals, etc.

1.1 Review Contract Documents
The CONSULTANT shall review the construction contract and specifications to verify that obligations placed upon the Contractor are consistent with the needs and expectations of the CITY and that these obligations are sufficient to allow the CONSULTANT to work effectively with the Contractor in the best interests of the CITY. The CONSULTANT shall review the outcome of this assessment with the CITY Project Manager and shall provide potential recommendations regarding the project.

The purpose of this meeting is to review the construction contract documents, clarify issues, establish public interaction, establish working relationships, and review and verify mutual understanding of contract administration issues.

1.3 Contract Administration, Document Control and File System Preparations The CONSULTANT shall coordinate the details of the file keeping and document control systems with the CITY Project Manager. Coordination shall be provided based on standard public works procedures, such as the Caltrans Local Assistance Procedures Manual. The CONSULTANT shall establish and organize the files and template documents according to the details and system agreed upon with the CITY Project Manager in preparation for the start of work.

1.4 Conformed Set
The CONSULTANT shall review the construction plans and specifications and prepare a conformed set of documents – Plans and Specifications – that include addenda, RFIs, Contractor’s bid proposal, and contract.

1.5 Submittal Processing
The CONSULTANT shall establish, with the assistance of the Design Engineer, a list of the submittals that will be required of the Contractor; the CONSULTANT shall coordinate DocuSign Envelope ID: 30F9565A-FA45-486F-8EC7-AC95F3338D38 City of Goleta
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this list with the Contractor, to receive and process the required submittals in accordance with the Contractor’s material procurement and activity schedule. The CITY will assist in review and approval of submittals that require longer-lead time items, such as poles and cabinets.

1.6 Pre-construction Conference
A pre-construction conference shall be scheduled once the Notice to Proceed has been issued. The CONSULTANT shall develop a pre -construction agenda and submit to the CITY for review a minimum of five days prior to the scheduled pre -construction conference. Appropriate parties shall be invited, including the Contractor, CITY staff, project design consultant, ancillary support consultants, other involved entities, and utility companies. The CONSULTANT shall review with the Contractor, on an overall basis the plans and specifications for the Contractor’s work and the interrelationship with other work that shall take place in the construction vicinity. This review shall confirm the Contractor’s full understanding of the project. The CONSULTANT shall distribute meeting minutes to attending parties. The meeting shall include the Contractor’s responsibility of such items as project points of contact, emergency contacts, communication, safety/traffic control, public relations, permit and environmental requirements, site access, agreements, labor compliance, order of work, materials certification, weekly meetings, submittals and RFI’s, quality control, stormwater pollution controls, procedures for handling extra work or change of conditions, establishing partnering session work or change of conditions, schedule updates, progress pay requests, highlighting any critical construction items specific to this project, dispute procedures, etc.

Task 2.0: Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to provide complete and independent construction management services to the project, as well as on -site inspection and observation of the physical construction activity.

Depending on the ultimate configuration of Base Bid and Add Alternatives in the construction package for each year, it is anticipated that the project team of Resident Engineer, Senior Inspector and subconsultant Materials Technician shall provide the services necessary to administer the projects. This team is anticipated to be sufficient coverage for the scope needs of the assignment, while adhering realistically with the scale/budget constraints of the project. The Resident Engineer role shall be fulfilled by Todd Bartolome, PE, of Cannon with a roster of potential staff inspectors, as additional staff coverage is needed.

2.1 Coordination of Contract Execution
The CITY and the CONSULTANT shall determine a mutually agreed upon schedule to mobilize to the project the construction management and the inspector roles, based upon the start of work and initiation of activity by the Contractor. The CONSULTANT shall implement record keeping documentation and contract administration systems developed during the pre-construction phase.

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2.2 Project Communication and Coordination
The CONSULTANT shall facilitate project communication and coordination between the CITY, the Contractor, the design engineer, emergency services, utilities, local business, property owners and residents, and materials testing technicians throughout the construction phase. The weekly progress meetings shall help the construction team stay abreast of project issues and progress. A monthly progress report shall be submitted to the CITY by the CONSULTANT.

2.3 Construction Progress Meetings
The CONSULTANT shall determine an appropriate schedule for conducting project progress meetings, typically held on a weekly basis. Meetings shall include a discussion of the project status, the next items of work, and coordination efforts that may be needed to progress the project. The meeting shall provide a forum to discuss and resolve project issues early on and confirm it remains manageable. Additional special meetings may be required to address special issues and conditions in further detail. CONSULTANT shall schedule and chair the meetings and provide an agenda and meeting minutes to the project team.

2.4 Project Schedule Review
Starting with the submittal stage, the CONSULTANT shall review and critique the Contractor’s proposed project schedule until an acceptable Baseline Schedule is accepted. Once the Baseline Schedule is established, CONSULTANT shall work with the Contractor to continuously (weekly) monitor the actual activity progress with respect to the Baseline. The Contractor shall provide schedule updates monthly, or as needed in accordance with the execution of the work. Proposed schedule updates shall be reviewed and critiqued by the CONSULTANT in cooperation with the CITY and shall be processed within the formal submittal system.

2.5 Submittal and Request for Information (RFI) Management The CONSULTANT shall manage and maintain a log of, shop drawings, samples, submittals, and RFI’s to determine the following:

1. Short-term look-ahead schedules contain critical submittal dates and logs reflect the same;

2. Submittals from the Contractor are received, logged, and timely processed;

3. Submittals are timely reviewed by the appropriate reviewing body and returned to the Contractor to reduce lost production time;

4. Logs are updated on a regular basis;

5. Shop drawings and Temporary Water Pollution Control Plan (WPCP) have been approved and returned before associated work begins;

6. Copies of submittals, samples, and RFI’s are maintained in the hard copy and electronic file (City standard electronic filing system).

CONSULTANT shall continuously update the CITY Project Manager with RFI and Submittal items, responses, and logs, and provide review of the general status with the project team at the Weekly Progress Meetings.

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2.6 Change Order Management
The CONSULTANT shall review the Contractor’s proposed requests for change orders to confirm that project issues are brought to the surface and addressed in a timely manner. The CONSULTANT shall investigate proposed change orders submitted by the Contractor and confirm the CITY has agreed to the Contractor’s proposed change order details and back-up. Change order submittals shall include clear and complete supporting records. The CONSULTANT shall review necessary and desirable changes to the project and advise the CITY’s Project Manager of the potential change order impacts. The CONSULTANT shall provide the following:

1. Assemble documentation to include such items as inspection reports, test reports, drawings, sketches, photographs, and other materials, as required.

2. Maintain a change order log to track change order proposals through the review and approval process. The CONSULTANT shall establish files for potential change orders or claims so as to accumulate documentation should the issues result in a change order or claim.

2.7 Quantity Calculations and Progress Estimates
The CONSULTANT shall confirm quantity calculations are complete, accurate and submitted each month to process the Contractor’s progress pay estimate. The Inspector shall keep track of item quantities and extra work performed and assist the Construction Manager to confirm accurate and timely monthly estimates for the project. The Inspector shall reach an agreement on daily quantities with the Contractor’s foreman to identify potential disputes to the work in question as soon as possible. The CONSULTANT shall review the Contractor’s monthly Request for Payment and recommend approval for payment to the CITY.

2.8 Construction Observation/Inspection
The CONSULTANT shall be responsible for inspection and documentation of construction tasks, including adherence to the project plans and specifications; safe and quality implementation of the work activity; detours; construction staging; traffic control; pedestrian and bicycle access; drainage; NPDES requirements; lane closures; and pavement delineation. CONSULTANT shall confirm thorough site documentation by taking pre-construction site photos to document the existing condition of the project limits and haul routes, as well as on-going construction progress photos. The CONSULTANT shall document construction as it progresses. Photos shall be logged and filed in the project files.

2.9 Quality Assurance and Materials Testing – Pavement Engineering Inc. (PEI) The CONSULTANT shall collect, review, and confirm accuracy of material tickets, documentation, and certificates of compliance, to be in accordance with the construction contract plans and specifications and shall maintain organized document control in this category.

The CONSULTANT shall coordinate with our subconsultant, PEI, for specific materials DocuSign Envelope ID: 30F9565A-FA45-486F-8EC7-AC95F3338D38 City of Goleta
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sampling and QA testing, as required, and shall include resultant reports and test results in the formal record documents.

2.10 WPCP and Permits
In coordination with direction and expectations provided by the CITY Project Manager, the CONSULTANT shall monitor construction activity and coordinate with permitting agencies, as needed, to confirm work items are performed in accordance with the permit requirements.

2.11 Reporting and Record Keeping
The CONSULTANT shall maintain the document control and file management system in accordance with the structure and procedures agreed -upon with the CITY’s Project Manager during the Pre -construction Phase. Critical record -keeping categories shall include daily field reports, meeting minutes, correspondence, RFIs, submittals, certificates of compliances, records of material testing, photo log, CCO log, submittal log, contact change orders, NOPCs, quantity documentation, and progress pay estimates.

The CONSULTANT shall be responsible to confirm the CITY Project Manager has access to the most current documents included in the CONSULTANT’s recordkeeping system.

2.12 Safety
The Contractor is the primary responsible party for maintaining compliance with safety requirements on the construction site for activity and participants. The CONSULTANT shall monitor the Contractor’s general compliance with their safety program and advise the CITY of observed deficiencies. The Construction Safety Orders, the Caltrans Safety Manual, and the Contractor’s safety plan will guide the CONSULTANT’s field safety monitoring activity.

DELIVERABLES
• Daily and weekly reports / correspondence
• Verified grades from construction staking.
• Coordinate field and laboratory testing services.
• Logs of submittals/RFIs
• Progress meeting minutes and agendas
• Track shop drawing reviews and RFIs from Contractor with design consultants • Track materials incorporated into the project
• Bid item quantity documentation
• Contractor progress payments, per CITY format
• Tracked CCOs, extra work, supplemental work, project contingency balance • Confirm permit requirements are being followed
• Coordination of review and approval of Contractor’s WPCP (when applicable) • Monitor project BMP’s are installed and maintained
• Labor Compliance
• Construction document files per Local Assistance Procedure Manual – based system
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• Coordination with CITY’s Project Manager and related CITY Departments/staff • Construction engineering to assist with necessary field design changes. • Monitor project for safety on a daily/on-going basis
• Monitor surrounding area for safety concerns to public that may be a result of project work (traffic control, impact to adjacent streets)

Task 3.0: Post-Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to facilitate final review, completion, acceptance, and close -out of the construction activities. CONSULTANT shall work with the CITY Project Manager, related CITY Departments, project design engineer, ancillary support consultants, and pertinent project team stakeholders to confirm and closeout outstanding work items and project documentation for turnover to the CITY.

3.1 Final Inspection and Punch List
The CONSULTANT shall, in conjunction with the CITY, inspect the near -completed facilities to identify discrepancies and deficiencies in the work performed by the Contractor, in accordance with the Contract Documents, and will subsequently prepare the necessary punch list to identify such items. Upon correction and re -inspection of omissions and deficiencies, the CONSULTANT shall report to the CITY Project Manager on the completion of the project, schedule a final walk-through with the appropriate CITY staff, and recommend acceptance and approval of final payment to the Contractor. The CONSULTANT shall assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form.

3.2 As-Built Drawings
The CONSULTANT shall regularly review the project as -built drawings produced by the Contractor and require that the as -built drawings reflect the current project conditions.

The CONSULTANT shall provide the CITY and the Design Engineer with a copy of the Contractor’s as -built drawings and sufficient additional information to prepare certified final record as-built drawings.

3.3 Project Closeout
Upon completion of the work and after items on the punch list have been addressed, the CONSULTANT shall prepare and submit the final payment package to the Contractor, in accordance with the CITY’s direction. The CONSULTANT shall submit final project records and reports (including laboratory and plant testing reports), manufacturer’s certificates and pictures and videos of various phases of construction.

DELIVERABLES:

• Furnish As-Built documentation to the design consultant for preparation of asbuilt record drawings.
• Perform final walk-through(s) with the CITY and Contractor. • Prepare final construction report for the project
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• Organize and submit turnover documents of final project files to the CITY. Turnover documents to be submitted with hard-copies in three-ring binders and an electronic copy in PDF format.

Task 4.0: Contingency Services
This task is a contingency category for additional Construction Management and Inspection services by the CONSULTANT, to be provided at the request of the CITY, based on additional unanticipated changes or unforeseen conditions. Anticipated scope of services is similar to those defined in Tasks 1 – 3.

Proposal Considerations and Assumptions
Construction Management and Inspection Services for the 2022/2023 Pavement Rehabilitation Project.
• We understand that the project will commence soon after award of a successful bidder, estimating field work starting in September/October 2022. • We understand that the Construction Contract duration is 190 working days, and the project may span two construction seasons depending on pricing of the Add - Alternatives.
• Materials Testing Services for Quality Assurance are included in our proposed support services and shown in our not-to-exceed cost estimate.

Services Provided by the CITY
The services provided by the CITY will include the following:
• Coordination of permitting requirements, right -of-way access authorization, air quality/environmental permits, etc., and associated fees. • Coordination of property rights of entry, temporary construction easements, and any critical coordination with property owners regarding property issues. • Coordination with the public and lead public outreach (CONSULTANT will coordinate and reflect same program and messaging with the public). • Provide plans, specifications, contract documents, etc., in support of the project. • General coordination and guidance with the various CITY Departments, as needed, via the CITY Project Manager contact.
• CITY staff will manage the project design consultant and any design -support services performed by them; CONSULTANT will fully coordinate and communicate with design consultant staff, as needed.

The nature and substance of this increased management and inspection is based on additions or changes requested by the City of Goleta (City). Our work associated with these changes has resulted in additional review and coordination of modifications to contract plans, additional meetings, field coordination, onsite inspection, materials testing, and preparation of change orders. The requested changes and specific unforeseen issues are detailed below:

• Change Order 02 – Additional Spandrels & Cross Gutters o Increase in contract amount - $ 233,574.00 and an increase of 10 working days.

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• Change Order 03 – Additional Spandrels & Cross Gutters o Increase in contract amount - $ 271,056.00 and an increase of 25 working days. • Change Order 04 – Stow House Road – Parking Lot & Dam Road paving and shoulder backing
o Increase in contract amount - $ 192,860.00 and an increase of 7 working days. o Coordination with Rincon and the City of Goleta for environmental clearances and onsite observation during the paving operations and an additional agreement amount of $6,200.00 for Rincon.
o Additional site meetings and coordination with City of Goleta and Granite to review the scope of the new work prior to construction of the Dam Road. Additional notifications to residents and visitors to the Stow House of parking lot closure and restrictions during the paving operations.

DocuSign Envelope ID: 30F9565A-FA45-486F-8EC7-AC95F3338D38

ATTACHMENT 2

Professional Service Agreement No. 2022-095 with Cannon Corporation

City of Goleta
Public Works and Cannon Corporation, Inc.

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Project Name: 2022-2023 Pavement Rehabilitation Project

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
Cannon Corporation

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and ent ered into this 16th day of August 2022, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Cannon Corporation, a California Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professi onal services for Construction Management and Inspection Services for the 2022-2023 Pavement Rehabilitation Project; and

2. The CITY does not have the personnel able and/or avai lable to perform the services required under thi s AGREEMENT, and therefore, the C ITY desires to contract for professional services to accomplish this work; and

3. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.260.

4. The City Council, on this 16th day of August 2022, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.

CONSULTANT warrants it has the qualifications, experience, a nd facilitie s to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

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Professional Construction Management and Inspection Services in conjunction with 2022-2023 Pavement Rehabilitation Project.

Services shall gene rally include Pre-Construction Phase S ervices consisting of document control preparation, coordination of meetings, initial critical submittals; Construction Phase Services including on -site inspection and observa tion of construction activities; and Post-Construction Phase Services consisting of final review, completion, acceptance, and close -out of the construction activities, as more particularl y set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver t o CITY the deliverables def ined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Ra te. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 706,000 (herein "not to exceed amount"), and s hall be earned as the work progresses on the following basis:

Hourly a t the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in th at exhibit shall be binding upon CONSULTANT until December 30, 2023, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the to tal compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification sh all be in a form satisfactory to CITY's Project M anager, as describ ed in Section 5 .

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by person nel classification).

All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services descr ibed in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

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for such extra services or expenses shall exist. The ap plicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit ”B” if one is included as part of this agreement . Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.

5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Debbie Talarico, Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of t his AGREEMENT is f rom the date first written above to December 31 , 20 23, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of ins urance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.

7. OWNERSHIP OF DOCUMENTS
All drawin gs, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are th e property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from al l damages, claims, exp enses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Kevin Con nors, P.E., Prin cipal Engineer , is deemed to be specially experienced and is a key member of CONSULTANT' s firm and shall be directly involved in the performance of thi s work. This key pers on shall communicate with, and p eriodically report to, CIT Y on the progress of the work. Should any DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

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such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claim s, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this A GREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT.
(b) Defense a nd Indemnity of Third-Party Claims/Liability.

CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injur y, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omi ssion of CONSULTANT or an y of CONSULTANT’s officers, agen ts, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subc ontractors, in performing the services described in, or n ormally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert wit ness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defen se or hold harmless right s under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense , provide insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California with an A.M. Best and DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

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Public Works and Cannon Corporation, Inc.

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Company rating of A - or better, Class V II or better, or as ot herwise approved by CITY.

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.

b) Insurance Services Office form number CA 0 0 01 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requ irement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Emplo yer’s Liability limit of $1,000, 000 per accident or disease.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the min imum amount of $1,000,000 per claim.

Liability insurance policies require d to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:

a) Except for professional liability insurance, CITY, its employees, officials, agents, and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition da te prior to 20 04, or its equivale nt. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.

b) General and automo bile liability insuran ce shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.

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c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no les s than three years after completion of the services required by this agreement.

d) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.

e) Evidence of coverage (includi ng the workers’ compensation and employer’s liabili ty policies) shall pro vide that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY.

Such provision shall not include any limitation of liability of the i nsurer for failure to provide such notice.

f) No liabil ity insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right o f recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.

g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.

h) There shall be no r ecourse against CITY for payment of premiums or other amounts with respe ct to the insurance required to b e provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requir ing the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but n ot the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.

i) CONSULTANT agrees to provide immediate notic e to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

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11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be sol ely responsible for any workers c ompensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligation s, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonabl y timely manner, such correction shall be made by CITY, and the cost the reof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days’ notice, terminate without cause any portion or all o f the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immed iately assemble work in progress for the purpose of closing out the job . All compensation for actual wo rk performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final st atement by CONSULTANT unless termination is for c ause. In such event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calend ar days of the receipt of that ch eck.

However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employe es, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided a nd/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or err or in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

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15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to al l matters covered by t his AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills a nd project records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespec tive of the length of time for which such failure continues, shall not constitute a waiver of such party 's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effecti ve or binding upon such party unless made in writ ing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover a ny other period of tim e, other than any default or brea ch and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumula tive and alternative, and invocation of any such right or remedy shall not constitute a waiver or electi on of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or off icial that has a financial interest in CONSULTANT'S business. During t he term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provi sions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be co nstrued consistent with the provisions hereof, in order to achieve the objectives and purposes of the pa rties.

Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or n eutral genders or vice versa.

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19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights a nd obligations of the parties, shall be governed and interpreted in acc ordance with the laws of the Stat e of California.

Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discrimina te on the basis of race, color, gender, gender id entity/expression, pre gnancy, sexual orientation, disab ility, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W -9 (Rev. October 2018 ), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

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26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certifica tes that may be requir ed in connection with the perform ance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit o r describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party h as expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareh olders, divisions, subsidiaries, agents, employee s, successors, assigns, principals, partners, joint ven turers, insurance carriers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining thi s AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void , or unenforceable, the remaining provisions will nevertheless continue in full force w ithout being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shal l be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
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TO CONSULTANT: Todd Bartolome, Senior Resident Engineer Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in sever al counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT
_____________________________ ____________________________ Robert Nisbet, City Manager Pat Riddell, Director of Construction Management ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Larry Kraemer, Director of Public Infrastructure APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
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EXHIBIT “A”

SCOPE OF WORK

CONSULTANT SERVICES

Task 1: Pre-Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT is to provide the coordination and preparatory steps and scope necessary to facilitate the initial stages of the project and kick-off of the construction contract administration, including file/document control preparation, coordination meetings, initial critical submittals, etc.

1.2 Kickoff Meeting
The CONSULTANT shall arra nge and participate in a kickoff meeting to establish a Project Management Team (PMT) consisting of CONSULTANT staff, CITY staff, design consultant staff, potential ancillary support consultants, and necessary utility contacts. The purpose of this meeting is to review the construction contract documents, clarify issues, establish public interaction, establish working relationships, and review and verify mutual understanding of contract administration issues.

1.3 Contract Administration, Document Control and File System Preparations The CONSULTANT shall coordinate the details of the file keeping and document control systems with the CITY Project Manager . Coordination shall be provided based on standard public works procedures , such as the Caltrans Local Assistan ce Procedures Manual. The CONSULTANT shall establish and organize the files and template documents according to the details and system agreed upon with the CITY Project Manager in preparation for the start of work.

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1.4 Conformed Set
The CONSULTANT shall review the construction plans and specifications and prepare a conformed set of documents – Plans and Specifications – that include addend a, RFIs, Contractor’s bid proposal, and contract.

1.5 Submittal Processing
The CONSULTANT shall establish, with the assistance of the Design Engineer, a list of the submittals that will be required of the Contractor; the CONSULTANT shall coordinate this list with the Contractor, to receive and process the required submittals in accordance with the Contractor’s material procurement and activity schedule. The CITY will assist in review and approval of submittals that require longer-lead time items, such as poles and cabinets.

The CONSULTANT shall distribute meeting minutes to attending parties. The meeting shall include the Contractor’s responsibility of such items as project points of contact, emergency contacts, communication, safety/traffic control, public relations, permit and environmental requirements, site access, agreements, labor compliance, order of work, materials certification, weekly meetings, submittals and RFI’s, quality control, stormwater pollution controls, procedures for handling extra work or change of conditions, establishing partnering session work or change of conditions, schedule updates, progress pay requests, highlighting any critical construction items specific to this project, dispute procedures, etc.

Task 2.0: Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to provide complete and independent construction management services to the project, as DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

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well as on-site inspection and observation of the physical construction activity.

CONSULTANT shall schedule and chair the meetings and provide an agenda and meeting minutes to the project team.

2.4 Project Schedule Review
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Starting with the submittal stage, the CONSULTANT shall review and critique the Contractor’s proposed project schedule until an acceptable Baseline Schedule is accepted. Once the Baseline Schedule is established, CONSULTANT shall work with the Contractor to continuously (weekly) monitor the actual activity progress with respect to the Baseline. The Contractor shall provide schedule updates monthly, or as needed in accordance with the execution of the work. Proposed schedule updates shall be reviewed and critiqued by the CONSULTANT in cooperation with the CITY and shall be processed within the formal submittal system.

2.5 Submittal and Request for Information (RFI) Management The CONSULTANT shall manage and maintain a log of, shop drawings, samples, submittals, and RFI’s to determine the following:

1. Short-term look-ahead schedules contain critical submittal dates and logs reflect the same;

2. Submittals from the Contractor are received, logged, and timely processed;

3. Submittals are timely reviewed by the appropriate reviewing body and returned to the Contractor to reduce lost production time;

4. Logs are updated on a regular basis;

5. Shop drawings and Temporary Water Pollution Control Plan (WPCP) have been approved and returned before associated work begins;

6. Copies of submittals, samples, and RFI’s are maintained in the hard copy and electronic file (City standard electronic filing system).

Change order submittals shall include clear and complete supporting records. The CONSULTANT shall review necessary and desirable changes to the project and advise the CITY’s Project Manager of the potential change order impacts. The CONSULTANT shall provide the following:

DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

City of Goleta
Public Works and Cannon Corporation, Inc.

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1. Assemble documentation to include such items as inspection reports, test reports, drawings, sketches, photographs, and other materials, as required.

CONSULTANT shall confirm thorough site documentation by taking pre-construction site photos to document the existing condition of the project limits and haul routes, as well as on-going construction progress photos. The CONSULTANT shall document construction as it progresses.

Photos shall be logged and filed in the project files.

2.9 Quality Assurance and Materials Testing – Pavement Engineering Inc. (PEI) The CONSULTANT shall collect, review, and confirm accuracy of material tickets, documentation, and certificates of compliance, to be in accordance with the construction contract plans and specifications, and shall maintain organized document control in this category.

DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

City of Goleta
Public Works and Cannon Corporation, Inc.

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The CONSULTANT shall coordinate with our subconsultant, PEI, for specific materials sampling and QA testing, as required, and shall include resultant reports and test results in the formal record documents.

2.11 Reporting and Record Keeping
The CONSULTANT shall maintain the document control and file management system in accordance with the structure and procedures agreed-upon with the CITY’s Project Manager during the Pre-construction Phase. Critical record-keeping categories shall include daily field reports, meeting minutes, correspondence, RFIs, submittals, certificates of compliances, records of material testing, photo log, CCO log, submittal log, contact change orders, NOPCs, quantity documentation, and progress pay estimates. The CONSULTANT shall be responsible to confirm the CITY Project Manager has access to the most current documents included in the CONSULTANT’s record- keeping system.

City of Goleta
Public Works and Cannon Corporation, Inc.

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• Bid item quantity documentation
• Contractor progress payments, per CITY format
• Tracked CCOs, extra work, supplemental work, project contingency balance • Confirm permit requirements are being followed
• Coordination of review and approval of Contractor’s WPCP (when applicable) • Monitor project BMP’s are installed and maintained
• Labor Compliance
• Construction document files per Local Assistance Procedure Manual - based system
• Coordination with CITY’s Project Manager and related CITY Departments/staff • Construction engineering to assist with necessary field design changes. • Monitor project for safety on a daily/on-going basis
• Monitor surrounding area for safety concerns to public that may be a result of project work (traffic control, impact to adjacent streets)

Task 3.0: Post-Construction Phase Services
SUMMARY: The approach and intent of the CONSULTANT services during this phase is to facilitate final review, completion, acceptance, and close-out of the construction activities. CONSULTANT shall work with the CITY Project Manager, related CITY Departments, project design engineer, ancillary support consultants, and pertinent project team stakeholders to confirm and closeout outstanding work items and project documentation for turnover to the CITY.

3.1 Final Inspection and Punch List
The CONSULTANT shall, in conjunction with the CITY, inspect the near-completed facilities to identify discrepancies and deficiencies in the work performed by the Contractor, in accordance with the Contract Documents, and will subsequently prepare the necessary punch list to identify such items. Upon correction and re-inspection of omissions and deficiencies, the CONSULTANT shall report to the CITY Project Manager on the completion of the project, schedule a final walk-through with the appropriate CITY staff, and recommend acceptance and approval of final payment to the Contractor.

The CONSULTANT shall assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form.

3.2 As-Built Drawings
DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

City of Goleta
Public Works and Cannon Corporation, Inc.

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The CONSULTANT shall regularly review the project as-built drawings produced by the Contractor and require that the as-built drawings reflect the current project conditions.

The CONSULTANT shall provide the CITY and the Design Engineer with a copy of the Contractor’s as-built drawings and sufficient additional information to prepare certified final record as-built drawings.

DELIVERABLES:
• Furnish As-Built documentation to the design consultant for preparation of as- built record drawings.
• Perform final walk-through(s) with the CITY and Contractor. • Prepare final construction report for the project.
• Organize and submit turnover documents of final project files to the CITY.

Turnover documents to be submitted with hard-copies in three-ring binders and an electronic copy in PDF format.

DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

City of Goleta
Public Works and Cannon Corporation, Inc.

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• Materials Testing Services for Quality Assurance are included in our proposed support services and shown in our not-to-exceed cost estimate.

Services Provided by the CITY
The services provided by the CITY will include the following:
• Coordination of permitting requirements, right-of-way access authorization, air- quality/environmental permits, etc., and associated fees. • Coordination of property rights of entry, temporary construction easements, and any critical coordination with property owners regarding property issues. • Coordination with the public and lead public outreach (CONSULTANT will coordinate and reflect same program and messaging with the public). • Provide plans, specifications, contract documents, etc., in support of the project. • General coordination and guidance with the various CITY Departments, as needed, via the CITY Project Manager contact.
• CITY staff will manage the project design consultant and any design-support services performed by them; CONSULTANT will fully coordinate and communicate with design consultant staff, as needed.

DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

City of Goleta
Public Works and Cannon Corporation, Inc.

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EXHIBIT “B”

RATE SCHEDULE

DocuSign Envelope ID: C92B891C-5951-453D-9A69-611CFE5C0437 DocuSign Envelope ID: 04AB8742-62C5-40B6-8EEF-CA06A8BD9D75 DocuSign Envelope ID: A8EE46D7-876B-4CB6-AF69-C0A43DE06A71

Goleta City CouncilDecember 5, 2023

Goleta City Council
December 5, 2023