NON-EXCLUSIVE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES AND
SCHAAF & WHEELER FOR THE JOHNSON CANYON PARALLEL WATER LINE PROJECT THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Schaaf & Wheeler ("Consultant") (together sometimes referred to as the "Parties") as of June 20, 2023 (the "Effective Date").
Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff's written consent to the change prior to making any changes.
1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
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Section 2. COMPENSATION. The City will pay Consultant's invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit B apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of invoices; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
For each work item under each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
• Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Notwithstanding, Consultant and City acknowledge that payment for Consultant's services are fully dependent on development applicants' deposits and that the timing of City's invoice payment may be adversely impacted by inadequate applicant Consulting Services Agreement between June 20, 2023
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funds. City shall make a good-faith effort to ensure that all development applicant accounts are maintained at a level to cover Consultant's anticipated costs.
2.3 «Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of Consulting Services Agreement between June 20, 2023
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this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractors) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance vance program to met those
complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
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a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
C. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
The retroactive date of the policy must be shown and must be before the date of the Agreement.
Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Consulting Services Agreement between June 20, 2023
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A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which Los: Suresuan tractor tay rain are endorsementy tit mat the nemest of any The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work pertormed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each Consulting Services Agreement between June 20, 2023
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnity, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out ot, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System Consulting Services Agreement between June 20, 2023
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(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
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Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer perio required by law, from the date of final payment to the Consultant to this Agreemen
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this greement requires Consultant to maintain shall be made available for inspection, aud nd/or covina at any time during regular business hours, upon oral or written request c the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
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Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Agreeion of this Agreement shall not void or affect the validily of any olher provision of this
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation Consulting Services Agreement between June 20, 2023
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for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City's Public Works Director ("Contract Administrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Written notices to Consultant shall be sent to:
Andy Sterbenz, Vice President
Schaaf & Wheeler
3 Quail Run Circle, Suite 101
Salinas, CA 93907-2348
Written notices to City shall be sent to:
City Clerk
City of Gonzales
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement Consulting Services Agreement between June 20, 2023
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between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Task Order #1 Scope of Services
Exhibit B Rate Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES Schaaf & Wheeler
Carmen Gil, City Manager Andy Sterbenz, Vice President
Attest:
Mary Villegas, Deputy City Clerk
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EXHIBIT A
TASK #1 SCOPE OF SERVICES
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CONSULTING CIVIL ENGINEERS
3 Quail Run Circle, Suite 101
Salinas, CA 93907
831-883-4848
June 6, 2023
Mr. Patrick Dobbins, PE
Public Works Director/City Engineer
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
Subject: Proposal for Design of the Johnson Canyon Road Water Main Dear Patrick:
Schaaf & Wheeler is pleased to propose engineering services for the Design of the Johnson Canyon Road Water Main. The City's water system includes seven million gallons of water storage, but the tanks are connected to the City by a single 12-inch pipeline. The City needs to install a parallel pipeline in Johnson Canyon Road to realize the full benefit of the water storage. Our design team includes Whitson Engineers for surveying and Denise Duffy & Associates to prepare the CEQA Initial Study.
Our detailed scope of work, schedule and fee estimate are attached. Our estimated design fee for this project is $107,500, which includes the surveying and CEQA. Construction Support is estimated to be an additional $19,000. Costs will be billed on a time and materials basis, with a not-to-exceed limit. Our current charge rate schedule is attached.
We thank you for this opportunity to propose services for the Design of the Johnson Canyon Road Water Main. Should you need any further information, please contact me at (831) 883-4848 or [email protected].
Sincerely,
Schaaf & Wheeler
Andrew eSterbenz, PB> blaze
Vice President
License # C 69703
Encl.
Santa Clara • San Francisco • Santa Rosa • Salinas • Truckee Patrick Dobbins, PE June 6, 2023
Project Understanding
The City's water system includes seven million gallons of water storage, but the tanks are connected to the City by a single 12-inch pipeline. The recent update to the City's water model identified the need for a parallel pipeline which would allow the tanks to provide fire and peak hour flows with reduced friction losses. Based on the model, an 18-inch parallel main is required to meet current and near-term future demands. The majority of the alignment is in a county road right-of-way. The pipeline is over one-mile in length so it will require a CEQA Initial Study and Mitigated Negative Declaration. The City has asked Schaaf & Wheeler to design the new 18-inch pipeline.
Scope of Work
1. Project Management
1.1. Schaaf & Wheeler will manage the project and sub-consultants. We will provide monthly status updates.
1.2. Schaaf & Wheeler will attend review meetings with City staff following the 60% and 90% submittals.
1.3. Schaaf & Wheeler will attend City Council meetings for he CEQA IS/MND hearing/adoption and the construction award.
2. Preliminary (60%) Design
2.1. Whitson Engineers will prepare a topographic base map of the pipeline alignment in 5th Street/Johnson Canyon Road from Hwy 101 to Iverson Road (approximately 7800 LF).
Utility locations will be based on available drawings, visual location of inlets and appurtenances and information provided by PG&E.
2.2. Schaaf & Wheeler will prepare 60% plans, technical specifications and construction cost estimates for the project. Plans will be on Arch-D sized sheets. We assume the plan set will require 7 plan and profile civil sheets. Specifications will use the CSI standard numbering system and format.
2.3. Deliverable: 60% plans, specifications, and construction cost estimate. Plans will be submitted in half-size. Specifications and estimate will be electronic only.
3. 90% Design
3.1. Schaaf & Wheeler will update the plans and specifications per the City's review comments.
The 90% update will include additional details and callouts on the plan sheets.
3.2. Denise Duffy & Associates will prepare a CEQA Initial Study and Negative Declaration for the project based upon the 90% design. Schaaf & Wheeler will attend the CEQA kick-off meeting with City Staff.
3.3. Schaaf & Wheeler will submit the 90% plans to Monterey County Public Works for review.
3.4. Deliverables:
3.4.1.90% plans, specifications, and construction cost estimate. Plans will be submitted in half-size.
3.4.2. Draft CEQA IS/MND with supporting studies.
4. Final Design
Schaaf & Wheeler Page 2
Patrick Dobbins, PE June 6, 2023
4.1. Schaaf & Wheeler will update the plans and specifications per the City' and County review comments. We will also populate the design information in the City's front-end bid and contract documents. Final plans will be sealed by California Registered Engineer.
4.2. Denise Duffy & Associates will revise the CEQA IS/MND per comments received from the City.
4.3. Deliverables:
4.3.1. Signed and sealed plans, specifications and final cost estimate.
4.3.2. CEQA Initial Study/Negative Declaration for public review and adoption.
5. Bid Phase Support
5.1. Schaaf & Wheeler will attend the pre-bid conference, respond to bidder requests for information and prepare clarifications or addenda as needed. We assume two addenda will be issued.
5.2. If requested, Schaaf & Wheeler will tabulate the bid results and evaluate bidder qualifications.
6. Construction Phase Support
6.1. Schaaf & Wheeler will attend the pre-construction conference, respond to contractor requests for information, review submittals and prepare clarifications as needed.
6.2. Schaaf & Wheeler will prepare record drawings based upon the Contractor and Inspector's red-lined mark-ups.
7. Assumptions and Limitations
7.1. We assume that a geotechnical investigation of the alignment is not required. The pipeline design can be based upon available information on native soils.
7.2. We assume that there will be a need to accommodate a future sanitary sewer in Johnson Canyon Road.
7.3. We assume no biological monitoring will be required during construction.
7.4. We assume construction management will be by others.
Preliminary Drawing List
G1.0 Title and Location
G1.1 General Notes, Legend and Abbreviations
C1.0 Key Map and Survey Control
C1.1 to C1.7 Pipeline Plan and Profile
C2.0 to C2.2 Details
Schaaf & Wheeler Page 3
City of Gonzales
Johnson Canyon Road Water Main
Task Name Duration Start Finish
May Jun | Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun| Jul Aug Sep Oct NTP O days Mon 6/26/23 Mon 6/26/23
Preliminary (60%) Design 60 days Mon 6/26/23 Fri 9/15/23 Topo Survey 30 days Mon 6/26/23 Fri 8/4/23
60% PS&E 20 days Mon 8/7/23 Fri 9/1/23
City Review 10 days Mon 9/4/23 Fri 9/15/23
90% Design 40 days Mon 9/18/23 Fri 11/10/23
CEQA IS/MND 40 days Mon 9/18/23 Fri 11/10/23
90% PS&E 20 days Mon 9/18/23 Fri 10/13/23
City Review 10 days Mon 10/16/23 Fri 10/27/23
10 County Submittal 1 day Mon 10/30/23 Mon 10/30/23
11 Final Design 36 days Fri 11/10/23 Mon 1/1/24
12 100% PS&E 10 days Tue 11/14/23 Mon 11/27/23
13 Admin Draft IS/MND O days Fri 11/10/23 Fri 11/10/23 51/20 14 City Review 10 days Mon 11/13/23 Fri 11/24/23
15 Public Draft IS/MND 10 days Mon 11/27/23 Fri 12/8/23 16 Adopt CEQA IS/MND 1 day Mon 1/1/24 Mon 1/1/24
17 Issue for Bid O days Mon 1/1/24 Mon 1/1/24 771/1
18 Bid Phase 40 days Tue 1/2/24 Mon 2/26/24
19 Construction Award 15 days Tue 2/27/24 Mon 3/18/24
20 Construction NTP 10 days Tue 3/19/24 Mon 4/1/24
21 Submittals 10 days Tue 4/2/24 Mon 4/15/24
22 Material Lead Time 40 days Tue 4/16/24 Mon 6/10/24
23 Pipeline Construction 60 days Tue 6/11/24 Mon 9/2/24 24 Substantial Completion 0 days Mon 9/2/24 Mon 9/2/24 5912
CONSULTING CIVIL ENGINEERS
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
Client: City of Gonzales
Project: Johnson Canyon Road Water Main
Estimate Date: 6/5/2023
TASK ITEMS PRINCIPAL SEN SENIOR ASSOC ASST IN-HOUSE IN HOUSE SURVEY CEQA TOTAL PROJMGR PROJ MGR ENG ENG ENG SUBTOTAL LABOR MATERIAL WHITSON DD&A COSTS $ NO. DESCRIPTION $275 $250 $235 $210 $195 M.H.S COSTS S COSTS $ ENGR W/ MARK-UP Project Management
Coordinate with Subs $1,650| $1,650
Review meetings at 60% and 90% $1,880 51,880
60%Design
Topographic Survey N $940 $22,250 $24,859
Prepare 60% Plans, Specifications and Estimate 120 128 $25,600| $25,600 90% Deisgn
Prepare 90% Plans, Specifications and Estimate $10,000 $10,000 Prepare CEQA IS/MND $3,760 $25,602 $31,282
Prepare County Plan Submittal N $1,330 $1,330
Final Deisgn
Prepare Final Plans, Specifications and Estimate $6,330| $500 $6,830 Bid Phase Support
Attend Pre-Bid Conference, prepare meeting notes $1,330 $1,330 Respond to RFls (assume 2) NNN $1,330 $1,330
Prepare Addenda or Clarifications (assume 2) $1,330| $1,330 Total 214฿ 264| $55,480 $5001 $22,250 $25,602 5107,421
ROUNDED TOTAL $107,500
TASK ITEMS PRINCIPAL SEN SENIOR ASSOC ASST IN-HOUSE IN-HOUSE SURVEY CEOA TOTAL PROJ MGR PROJ.NGR ENG ENG ENG SUBTOTAL LABOR MATERIAL WHITSON DD&A COSTS S NO. DESCRIPTION $275 $250 $235 $210 $195 M.H.'S COSTS S COSTS S ENGR WI MARK-UP Construction Phase Support
Construction meetings (assume 16) $6,880 $6,880
Construction RFls (assume 3) 12 $3,990| $3,990
Construction Submittal Review (assume 8) N $6,790| $6,790 Prepare record drawings IN $1,330 $1,330
Total $18,990T $01 $18,990
ROUNDED TOTAL $19,000
Mark-up: 75%
Gonzales_Fee_Est.xlsx/JCR_Water 6/6/2023
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848
Hourly Charge Rate Schedule
Personnel Charges
chees forgerson telepred in professional and/or technical work are based on the actual hours Current rates by classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $275 Construction Manager $250 Senior Project Manager $250 Senior Resident Engineer $235 Senior Engineer $235 Resident Engineer $210
Associate Engineer $210 Assistant Resident Engineer $190 Assistant Engineer $195
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/23
Civil Engineering + Land Surveying
6 Harris Court, Monterey, CA 93940 | 831.649.5225
Whitson whitsonengineers.com
ENGINEERS
June 2, 2023 Job No. 4636.00
Mr. Andrew Sterbenz
SCHAAF AND WHEELER
3 Quail Run Circle, Suite 101
Salinas, CA 93907
Via email: [email protected]
Proposal for Land Surveying Services
Topographic Mapping - Johnson Canyon Road, Gonzales
Mr. Sterbenz,
Thank you for the opportunity to provide our proposal for land surveying services in support of your project to design a new water pipeline connection from 5th Street in Gonzales to an existing tank site at the intersection of Johnson Canyon Road and Iverson Road approximately 1.25 northeast of the City boundary. Based on our discussions and our understanding of the project we are proposing the following scope of land surveying services.
SCOPE OF SERVICES - TOPOGRAPHIC MAPPING
A topographic survey will be conducted of a +/- 725' segment of 5th Street in Gonzales and a t/- 6,700' segment of Johnson Canyon Road northeast of Gonzales, together with Unmanned Aerial System (UAS, "Drone") mapping of the alignments. The survey extents are shown on the attached exhibit
1. Tie to existing horizontal control points and a vertical benchmark. Tie to adequate existing boundary monuments of record to be able to overlay the record right-of-way (ROW) boundary. Establish additional control points as necessary to complete the survey, including approximately 12 small aerial mapping targets as control for the UAS
2. Along 5th Street in Gonzales, perform a complete survey of the approximate ROW extents, from back of sidewalk to back of sidewalk. (existing survey data collected circa 2018 may be partly utilized in lieu of a complete resurvey). The survey will include hardscape improvements along with observed utilities.
3. Along Johnson Canyon Road between the northeast side of Herold Parkway and the northeast side of Iverson Road, survey cross sections at a min. 100' interval, together with at any observed obvious grade breaks, high points or low points in the roadway. Cross sections will extend across the approximate ROW width of 60'. Where fences exist, cross sections will terminate at the fence lines. Typical cross sections will include measurements at the centerline, edges of pavement, tops and toes of slope for adjacent ditches, and at the property fence lines or approximate ROW lines. Cross sections will be supplemented with points surveyed on any observed surface utility structures within the mapping area.
4. Along 5th Street, the survey crew will open the lids and measure down to the visible invert elevation and complete a manhole "dip sheet" containing all observed pipes and invert measurements. (Approx. 5 manholes)
5. Collect UAS photography along a +/- 200'-wide swath along the mapped roadways,
June 2, 2023 | Job No. 4636.00
Topographic Mapping - Johnson Canyon Road Pipeline
and process photography into a high resolution (2 inch pixel or better) digital orthophoto covering the roadways.
6. Draft a topographic map from the surveyed data at a target map scale of 1"=30' and generate I' terrain contours. Provide Client with an AutCAD .dwg file containing the topographic mapping.
Elevations will be relative to the North American Vertical Datum of 1988 (NAVD88), unless otherwise specified by the client prior to commencing work.
EXCLUSIONS
The following work is specifically excluded from the Surveyor's Scope of Services:
1. Boundary surveying, preparation of a Record of Survey or other recorded map.
2. Determination of any pipe sizes or invert elevations that are not visible, discernable, or directly measurable from ground level looking down the manholes.
3. Utility surveys of underground facilities, including electronic sensor detection or physical potholing.
4. Traffic Control; Any surveying that would require lane closures or 3rd party traffic control to safely accomplish.
5. Design services
6. Changes in scope of the survey work, or any work not specifically included in the above Scope of Services
Please note that upon your request, we may be able to provide some of the above services at an additional cost.
PAYMENT AND PROVISIONS
Actual billings will be on a time and materials basis using our current hourly rates shown on the attached budget worksheet. We estimate a budget of $22,250 to perform this work. Any authorized additional services will be billed on a time and materials basis at the rates shown.
We will schedule the work as soon as we receive the signed Authorization to Proceed. If you have any questions or need more information, please contact me at (831) 649-5225.
Sincerely,
Whitson Engineers
Mku
Mike Hink, LS
Licensed Land Surveyor
For: Richard Weber PE, LS
LS8002
Authorization for Surveying Services:
By: Date:
Print Name: Title:
RPW/mh
T43
t: \monterey projects\ 4636 - gonzales johnson cyn pipeline \docs\_contract\ 4636 pro_topo.docx Page 2 of 2 Topographic Mapping Limits Legend
Gonzales Johnson Canyon Road Pipeline Mapping Mapping Limits Proj. # 4636.00
Google Earth
2000 ft
Printed on: 6/2/202312:51 PM 1 of 1 4636 - Gonzales Johnson Cyn Rd - Fee Estimate.xlsx 370 Field Survey Crew/2M FSC2
220 Field Survey Crew/IM FSCI
Administrative Support AS
Engineering Aide EA
125 Engineering/Survey Technician
130 Senior Engineering/Survey Technician SET
135 Assistant Engineer / Surveyor AE2
155 Associate Engineer / Surveyor AET
175 Senior Associate Engineer / Surveyor SAE
185 Land Surveyor LS
185 Civil Engineer CE
205 Senior Land Surveyor SLS
Senior Civil Engineer SCE
250 Principal Engineer PE
43 22,250 TOTAL TASK 1
70 Reimbursable Expenses
22,180 Subtotal
$11,840 440 $ 4,440 4,960 Cost
370 220 185 250 Rate
22,180 92 32 Subtotal
1,980 10 - Project Management
1,180 1.4 Drone Imagery
7,290 tA 30 12 1.3 Johnson Canyon Road Cross Sections
7,290 tA 30 12 1.2 5th Street Topographic Mapping
4,440 16 1.1 Establish Control, Tie to Boundary & Benchmark COSI TOTAL FSC2 ESCI PE DESCRIPTION
TOPOGRAPHIC SURVEY ASK 1
Job No.: 4636.00 Gonzales, CA
6/2/2023 Johnson Canyon Road Pipeline
Budget Estimate
/ Whitson Engineers
Denise Duffy & Associates, Inc.
DD&A PLANNING AND ENVIRONMENTAL CONSULTING
June 6, 2023
Andrew A. Sterbenz, PE
Schaat and Wheeler
3 Quail Run Circle, Suite 101
Salinas, CA 93907
[email protected]
Subject: Gonzalez Pipeline Replacement Project Scope and Budget Thank you for providing Denise Duffy & Associates, Inc. (DD&A) with the opportunity to prepare a scope of work to provide planning services related to the construction of the Gonzalez Pipeline Replacement Project.
As detailed below, DD&A would provide the following planning and cultural resources services to support the Gonzalez Pipeline Replacement Project. The following is a brief description of DD&A's proposed tasks.
PROJECT UNDERSTANDING
The City's water system includes seven million gallons of water storage, but the tanks are connected to the City of Gonzalez (City) by a single 12-inch pipeline. The recent update to the City's water model identified the need for a parallel pipeline which would allow the tanks to provide fire and peak hour flows with reduced friction losses. Based on the model, an 18-inch parallel main is required to meet current and near-term future demands.
The majority of the alignment is in a county road right-of-way. The pipeline is over one-mile in length and would be replaced with a new 18-inch pipeline (proposed project).
The following scope of work is based on the preliminary information provided by Andy Sterbenz, PE, Schaff & Wheeler (S&W), consulting engineer on the proposed project. DD&A will coordinate with both City staff and S&W as needed to facilitate timely completion of the proposed project.
SCOPE OF WORK
This DD&A scope of work draws upon our extensive experience with completing state and federal environmental documentation for water infrastructure projects.
For the purposes of this scope of work, it is assumed that an Initial Study/Mitigated Negative Declaration (IS/MND) is the appropriate level of documentation required by the California Environmental Quality Act (CEQA) documentation. DD&A is committed to ensuring that all project deliverables are completed in an accurate and timely manner.
Task 1. Project Initiation/Data Collection/Field Review This task consists of an initial review of the proposed project and consultation with S&W and City staff, as determined appropriate. The purpose of this task is to confirm expectations related to project deliverables, Denise Duffy & Associates, Inc. • 947 Cass Street, Suite 5 • Monterey, CA 93940 • (831) 373-4341 format of products, level of detail required, staff assignments and roles, and appropriate paths of communication. Items included in this task include the following: 1) one (1) project kickoff meeting with DD&A Project Manager and other members of the Project Team, to discuss project approach and scheduling, potential areas of concern, feasibility of project alternatives, and any other areas of concern; 2) field review of the project site; 3) collection and review of relevant background information related to the project; 4) identification and coordination with interested parties; and 5) authorization of the Cultural Report described in Task 2.1, below. This task also includes DD&A's and the technical subconsultant's initial site visits.
Task 2. Key Environmental Technical Analyses
The DD&A team will evaluate the environmental conditions at the project site and within the local vicinity to determine the environmental baseline for impact findings in the IS/MND to be completed in Task 3. The following technical analysis for the project is proposed to support the Administrative Draft IS/MND.
Task 2.1 Cultural Resources Report: DD&A will contract with Achasta Archacological Services, Sue Morley, Cultural Consultant, to perform a Phase I Cultural Resources Inventory of the project to meet CEQA requirements. The following tasks are proposed: 1) A review of existing archaeological records located at the California Historical Resources Information System (CHRIS) at the Northwest Information Center at Sonoma State University; 2) Pedestrian survey of the proposed Project Area; 3) Recording of any archaeological resources found during survey; 4) A report of findings and recommendations for the City. The report will be prepared to provide a description of the project, the results of the archival research, a brief context/land use of the property, the results of the field inventory, a short summary, and any recommendations for further work.
This scope of work assumes that the City will complete Native American Tribal consultation as required under AB 52. Achasta and DD&A are prepared to assist with Native American Tribal consultation, if requested.
Task 3. Administrative Draft IS/MND
DD&A will prepare an Administrative Draft IS/MND for the project and submit an electronic copy for review and comment. The electronic format will contain a complete copy of the document (in PDF), including all graphics and technical appendices. The Administrative Draft IS/MND will follow the most current CEQA Guidelines.
The Administrative Draft IS/MND will contain the following analysis:
Task 3.1 Executive Summary/Mitigation Measures: The Administrative Draft IS/MND and subsequent drafts will include an Executive Summary that will provide an overview of the contents and conclusions of the IS/MND. Based upon the completed analysis in the body of the Administrative Draft IS/MND and in the technical studies, above, this section will list mitigation measures proposed for any potentially significant or significant impacts.
Task 3.2 Project Description: The IS/MND will provide a description of the proposed project based on information provided by the City, S&W, and DD&A's data collection and review. As required by CEQA, the Project Description will be complete with the precise location and boundaries of the project; a statement of the objectives of the project; and a general description of the project's technical, environmental, engineering, and/or construction aspects. This section will be illustrated with plans, photographs, and other graphics, as needed.
Task 3.3 Environmental Setting: In accordance with CEQA Guidelines Sec. 15063 (d) (2), the IS/MND will include a description of the environmental setting, including existing physical conditions at the time the environmental review commences from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to provide an understanding of the significant effects of the proposed project. This task also includes these two standard sections of the IS/MND:
• Public Agency Approvals Required: This section will list all public agencies anticipated to issue authorization, approval, or permit for the project.
• Environmental Factors Potentially Affected: This is a standard component of the IS/MND that will be included to list the key issues that are addressed in the IS/MND.
Task 3.4 Environmental Impacts and Mitigation: This section will identify potential environmental impacts of the project using relevant criteria (i.e., thresholds of significance) in order to determine the level of impact for each identified issue. The project impact section will present potentially significant impacts and identify mitigation that avoids or reduces impacts to a less-than-significant level, where feasible. The key issues to be analyzed in the IS/MND and the proposed methodology are presented below.
Aesthetics. This section of the IS/MND will include a description of the existing visual characteristics of the project site and surrounding area. This section will address potential aesthetic impacts of above-ground components as appropriate.
Agricultural Resources. This section will address impacts to agricultural resources from the project including potential for conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency (FMMP).
Air Quality. DD&A technical staff will prepare the air quality analysis for the project using guidance from the Adopted Air Districts CEQA Guidelines and the California Emissions Estimator Model (CalEEMod). The project site is located in the North-Central Coast Air Basin (NCCAB), which includes all of Monterey, Santa Cruz, and San Benito counties. Primary air quality issues associated with this project would be impacts to local and regional air quality from temporary emissions of criteria pollutants, ozone precursors, and dust and diesel exhaust from construction. Greenhouse gas emissions and climate change are also addressed in the scope within a separate section below.
Biological Resources. The project site is not anticipated to contain significant biological resources due to the disturbed and agricultural nature of the project area.
Cultural Resources/Tribal Cultural Resources. The IS/MND will summarize the potential for cultural resources on the project site based on the analysis of the Phase 1 Cultural Resources Inventory (to be prepared by a professional archaeologist, as identified in Task 2, above). The report findings are considered confidential and thus, will not be attached to the IS/MND as an appendix. This discussion and portion of the report that addresses tribal resources will be included in the IS/MND as a separate appendix.
Energy. The IS/MND will evaluate whether the proposed project will result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. It will also determine if the proposed project will conflict with or obstruct a State or local plan for renewable energy or energy efficiency.
Geology and Soils. The IS/MND will evaluate the soils and geologic characteristics of the site and area including the potential for seismicity, liquefaction, soil hazards, and their effects on proposed structures based on existing information.
Greenhouse Gas Emissions (GHG). The IS/MND will address this issue using data generated by CalFEMod as described above. The thresholds of significance adopted by the Monterey Bay Air Resources District (MBARD) will be used to evaluate impacts from GHG, if any. The project GHG emissions are likely to be small or insignificant.
Hazards and Hazardous Materials. The IS/MND will describe any hazardous materials and their potential impacts, if any, associated with the proposed project.
Hydrology and Water Quality. The IS/MND will describe the drainage characteristics of the project site and area and assess potential hydrology impacts, based on the available engineering data and site background documents. This section will also assess the potential surface water quality impacts from the proposed project.
Land Use and Planning. The land use section of the IS/MND will address the project's consistency with relevant land use policies and discuss its compatibility with surrounding uses.
Noise. The IS/MND will identify noise-sensitive receptors, if any, in close proximity to the site which may be impacted by construction noise.
Public Services and Utilities. The IS/MND will provide documentation to identify potential impacts of new infrastructure due to the project. Impacts of the project on regional public services and utility systems are not anticipated based upon early information provided by the City.
Transportation. The IS/MND will address any potential traffic impacts of the proposed project based on the construction information obtained from the project engineer. Implementation of the proposed project is not anticipated to result in new significant traffic-related impacts, aside from temporary construction-related traffic impacts.
Wildfire. This section of the IS/MND would state whether or not the proposed project is in or near state responsibility areas or land classified as very high fire hazard severity zones. Due to the agricultural nature of the project area, this is not anticipated.
Mandatory Findings of Significance. The IS/MND will address the mandatory findings of significance for the proposed project. Although the project has the potential to degrade the quality of the environment, it is anticipated that impacts will be less-than-significant through the successful implementation of the project design considerations and mitigation measures. Due to the replacement size of the pipeline, this section will discuss the ways in which the proposed project might foster economic or population growth, or the construction of additional housing, either directly or indirectly.
Task 3.5 Bibliography/References/Report Preparation: This section will include all cited background information, persons contacted, and individuals, agencies, and businesses that contributed to report preparation.
Task 4. Screen-Check Draft IS/MND
In this task DD&A will respond to comments on the Administrative Draft IS/MND from the City and S&W (Andy Sterbenz, PE, Consulting Engineer). DD&A will submit an electronic copy via email of the Screen- Check Draft IS/MND and respond to one set of comments from each of the parties identified above.
Task 5. Draft IS/MND
DD&A will coordinate with S&W in making the necessary revisions to the Administrative Draft IS/MND based on comments received on the Screen-Check Draft IS/MND. DD&A will provide the City with the revised Draft IS/MND for publication and public circulation. As part of this task, DD&A is available to upload the environmental documentation and noticing to the Office of Planning and Research (OPR) CEQASubmit system.' DD&A will also provide a copy in electronic PDF format to the City, S&W and to any responsible agencies. This scope assumes the City as Lead Agency will be responsible for circulating the Draft IS/MND to the public. DD&A will prepare the Notice of Intent (NOI) to adopt a Mitigate Negative Declaration, which will be submitted to any responsible agency and commenting agency. The notice will be in electronic format and will be filed with the Monterey County Clerk by the City.
Task 6. Responses to Comments and Changes to the Draft IS/MND Following the conclusion of the 30-day review period, DD&A will review the comments received on the Draft IS/MND and assist the City with responding to the comments as required. DD&A, in consultation with the City, will prepare formal responses to these comments. The comment letters and responses, as well as any necessary changes to the text of the Draft IS/MND, will be incorporated into an amendment to the Draft IS/MND. This amendment, along with the Draft IS/MND, will constitute the Final IS/MND for the project and will be submitted electronically to the City for review.
Task 7. Final IS/MND, Final MMRP and Adoption
After review by the Lead Agency, DD&A will prepare the Final IS/MND for adoption. DD&A will provide electronic copies of the Final IS/MND for Lead Agency review and approval. The electronic format will contain a complete copy of the documents in PDF format, including all graphics and technical appendices.
DD&A will be responsible for development of the Draft and Final Notices of Completion (NOC) for the Draft IS/MND, and preparation of the Notice of Determination (NOD) after final adoption of the IS/MND. This scope of work assumes that City staff or legal counsel will be responsible for preparing all accompanying staff reports and resolutions. In addition, this scope assumes that the City would file the NOD with the County Clerk and would be responsible for paying all required filing fees. 1 Completion of this task would be dependent on the policies of the lead agency regarding responsibility for posting environmental documentation.
DD&A will prepare a Final Mitigation Monitoring and Reporting Program (MMRP) in compliance with CEQA Guidelines Section 15091 and include it in the ultimate approval by the City in conjunction with the project approval. The MMRP, at a minimum, will include the following information:
• The full text of each mitigation measure;
• The monitoring and reporting requirements;
• The entity or entities responsible for implementation, reporting, and monitoring; and • The timing for implementation and monitoring.
DD&A will also be responsible for posting the notices and sending the notices and final document to OPR and CEQAnet.
Task 8. Meetings and Project Management
This task includes attendance/involvement in meetings and conference calls, including a public meeting to adopt the Final IS/MND. Project Management task consists of project management and communication responsibilities, including correspondence, schedule/budget tracking, project oversight, and document production. Regular attendance at two (2) meetings is assumed in this scope of work.
FORMAT OF DELIVERABLES
Electronic submittals shall be provided to the project team in both Microsoft Word format and as PDF format documents. DD&A will ensure that all PDF submittals for draft and final CEQA documents would be provided at appropriate file sizes for posting on this City's website.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Denise Suffy
Denise Duffy
Principal
DD&A, Inc. Cost Estimate
Gonzales Pipeline Replacement Project
June 6, 2023
Manager Hours
Task Principal Man: Planetscenise Cost Per
Per Subtask
Project Task
Task
Project Initation/Data Collection/Field Review 3,323.00 Key Environmental Technical Analyses 709.00
2.1 Cultural Resources Report 709
Administrative Draft IS/MND 6,516.00
Screen-Check Draft IS/ MND 3,268.00
Draft 1S/MND 860.00
Responses to Comments and Changes to the Draft IS/MND 1,214.00 Final IS/MND, Final MMRP and Adoption 2,076.00
Meetings and Project Management 1,286.00
Total Hours 38฿
Hourly Rate $252.00 $159.00 $125.00 $112.00 $115.00 $73.00 Total Labor $ 1,512 6,042 $ 3,500 6,048$ 690 1,460 19,252 Subconsultants + Administration Fee
Achasta - Cultural Resources 5,750
Expenses
Mileage at current IRS mileage rate)
Miscellaneous (phone, fax, cellular, postage, GIS, courier etc.) 300 Total Budget 25,602
EXHIBIT B
RATE SCHEDULE
Consulting Services Agreement between June 20, 2023
City of Gonzales and Schaaf & Wheeler - Exhibit B Page 1 of 1 1168358
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Current rates by classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $275 Construction Manager $250 Senior Project Manager $250 Senior Resident Engineer $235 Senior Engineer $235 Resident Engineer $210
Associate Engineer $210 Assistant Resident Engineer $190 Assistant Engineer $195
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
tigation Charge
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/23