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12.E Report Cannon Amendment 1 for Ocean Blvd 2023-06-06

Pismo Beach City Council
June 6, 2023

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12.E Report Cannon Amendment 1 for Ocean Blvd 2023-06-06
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June 6, 2023
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.E
SUBJECT/TITLE:

AMENDMENT #1 TO THE AGREEMENT WITH CANNON CORPORATION FOR

CONSTRUCTION MANAGEMENT, RESIDENT ENGINEER, INSPECTION,

MATERIALS TESTING AND ENVIRONMENTAL MONITORING SERVICES FOR THE

OCEAN BOULEVARD IMPROVEMENTS PROJECT
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Cannon Corporation in the amount of $115,400 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project.

BACKGROUND:

On December 21, 2021 a Professional Services Agreement with Cannon Corporation (Cannon) was approved by City Council in the amount of $952,317.94 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project.

Construction of the project is nearly complete, with only the installation of the handrailing and guard railing remaining. Over the course of the project several issues arose that resulted in an increased scope of work for Cannon and their subconsultants to address.

The issues include but are not limited to:
•CIDH pile anomalies
•Shotcrete test panel coring and strength tests
•Storm drain and seawall non-compliant work
•Replacement of concrete walkway at park
•Bluff habitat mitigation and restoration
The issues have generated fifteen construction change orders to the contractor’s construction contract, consisting of charges and credits, resulting in a net increase in construction cost of $85,910. The project budget includes a $631,704 contingency.

Considering the construction change orders and a previously approved amendment to the agreement with ENGEO for Engineering Services During Construction (ESDC), there are $382,794 of remaining contingency funds available to support the increased consultant costs. While the cost of the amendment is significant, investment with the consultant has resulted in nearly $100,000 in construction cost savings.

Cannon has provided a cost proposal to cover the increased work that has been required to date. The total contract cost including the proposed Amendment #1 is $1,067,717.94.

Council Agenda 6-6-2023 12.E-1

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 1.A) to the existing Cannon contract to cover the additional work that has been performed.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution approving Amendment #1 to the original Professional Services Agreement with Cannon is $115,400 from the Capital Projects Fund. There is sufficient budget available in the project’s contingency budget to support this additional work and related costs. The table below illustrates the available budget and project costs.

Contingency Budget $631,704
Construction Change Orders 1-15 $85,910
ENGEO Amendment #1 $160,000
Proposed Cannon Amendment #1 $115,400
Total increased project cost $361,310
Contingency Budget Remaining $382,794
ALTERNATIVES:

1.Decline approval of Amendment #1 and provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Cannon Contract Amendment #1 Prepared by: Meeting Date: June 6, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Interim City Manager Approval:

Council Agenda 6-6-2023 12.E-2

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION IN THE AMOUNT OF $115,400 FOR CONSTRUCTION

MANAGEMENT, RESIDENT ENGINEER, INSPECTION, MATERIALS TESTING AND

ENVIRONMENTAL MONITORING SERVICES FOR THE OCEAN BOULEVARD

IMPROVEMENTS PROJECT
WHEREAS, on December 21, 2021 a Professional Services Agreement with Cannon Corporation (Cannon) was approved by City Council in the amount of $952,317.94 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project; and WHEREAS, construction of the project is nearly complete, with only the installation of the handrailing and guard railing remaining; and
WHEREAS, over the course of the project several issues arose that resulted in an increased scope of work for Cannon and their subconsultants to address including but are not limited to:
•CIDH pile anomalies
•Shotcrete test panel coring and strength tests
•Storm drain and seawall non-compliant work
•Replacement of concrete walkway at park
•Bluff habitat mitigation and restoration; and
WHEREAS, while the cost of the amendment is significant, investment with the consultant has resulted in nearly $100,000 in construction cost savings; and WHEREAS, there are $382,794 of remaining contingency funds available to support the increased consultant costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Cannon Corporation in the amount of $115,400 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project (Exhibit A).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 6th day of June 2023, by the following vote:

Council Agenda 6-6-2023 12.E-3
Attachment 1

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-6-2023 12.E-4
Attachment 1

AMENDMENT # 1
to the
JANUARY 19, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH

AND CANNON CORPORATION
Pursuant to the January 19, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Cannon Corporation, hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:

1.Additional services shall be performed as set forth in the proposal dated May 10, 2023, which is attached hereto and by this reference made a part hereof.

2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of one hundred fifteen thousand four hundred dollars ($115,400), without prior written approval of the City.

3.The revised fee under the January 19, 2022 contract, plus this addendum, is one million sixty-seven thousand seven hundred seventeen dollars and ninety-four cents ($1,067,717.94).

4.All other provisions of the Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project agreement between City and Vendor shall remain in full force and effect.

Signatures begin on next page.

Council Agenda 6-6-2023 12.E-5
Attachment 1.A

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:

Name: Jorge E. Garcia
Title: Interim City Manager
Dated: ________________________________
ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Cannon Corporation
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Cost Proposal
Council Agenda 6-6-2023 12.E-6
Attachment 1.A

1050 Southwood Drive, San Luis Obispo, CA 93401 210137
T 805.544.7407 F 805.544.3863
CannonCorp.us 1
May 10, 2023
Mr. Chad Stoehr
Engineer
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
SUBJECT:OCEAN BOULEVARD IMPROVEMENT PROJECT -REQUEST FOR ADDITIONAL SERVICES/CONTRACT AMENDMENT NO.1 FOR CONSTRUCTION MANAGEMENT,

INSPECTION,MATERIAL TESTING,AND ADMINISTRATION SERVICES Dear Mr. Stoehr:

Cannon has reviewed the labor and administrative costs associated with management activities from unforeseen construction issues such additional work requests and re- inspection due to non-compliant construction. These items were not included in our original scope of work, and they have resulted in extra effort by Cannon and/or Cannon’s subconsultants to ensure thorough contract administration and effective construction management.

Our work associated with these changes has resulted in additional review and coordination, meetings, material testing, hazardous waste sampling and profiling, biological monitoring, and special inspection. The nature and substance of these construction issues, changes, and additions are described in further detail below.

1. Hazardous Waste
x Existing hazardous waste was discovered at the site in May. At the request of the City of Pismo Beach (City), Cannon contracted with Rincon Consultants to have the material sampled and tested for various possible contamination.

Once the soil was determined to contain lead, Cannon coordinated with the contractor to have the contaminated soil properly removed and disposed, inspected the construction work, and negotiated a change order with the contractor. Cannon also contracted with Rincon Consultants to observe and document the removal process.

2. Trail Batch Observation and Testing
x At the request of the City, Cannon directed Earth Systems Pacific to observe concrete/shotcrete trail batch preparation and to conduct independent compression testing on the trail batch concrete.

Council Agenda 6-6-2023 12.E-7
Attachment 1.A

1050 Southwood Drive, San Luis Obispo, CA 93401 210137
T 805.544.7407 F 805.544.3863
CannonCorp.us 2

3. CIDH Pile Anomalies
x Cannon coordinated review of pile anomaly repair procedures between the City, contractor, and the design engineer, including chairing multiple meetings. Cannon negotiated a credit and contract change order with the contractor on behalf of the City for this issue. Cannon also had its subconsultant, Earth Systems Pacific, provide special inspection during the investigation and repair of the pile anomalies.

4. Walls 1 and 2 Tieback Locations
x Cannon coordinated review of the as-built tieback locations between the City, contractor, and the design engineer, including chairing multiple meetings.

Cannon negotiated a credit and contract change order with the contractor on behalf of the City for this issue. Cannon observed potholing of the tiebacks in the vicinity of the existing sewer and provided the pothole information to the City and design engineer. Cannon also had its subconsultant, Earth Systems Pacific, provide special inspection for the replacement and testing of tieback No. 3.

5. Shotcrete Test Panel Coring and Additional Compressive Strength Tests x Cannon engaged Earth Systems Pacific to provide coring of shotcrete test panels for compressive strength testing and to provide additional compressive strength tests. These items were originally part of the contractor’s scope of work, but Cannon negotiated a credit and contract change order with the contractor on behalf of the City to transfer this scope of work from the contractor to the City.
x Due to failing concrete compressive strength testing on test panel cores from Walls 2, 3, and 4, Cannon’s subconsultant Earth Systems Pacific provided additional special inspection and concrete compressive strength testing on insitu cores and test panel cores to ensure concrete met the project requirements.

6. Storm Drain/Wall 5 Non-Compliant Work
x Cannon identified non-compliant work by the contractor at Wall 5 and coordinated correction of these issues with the City, design engineer, and contractor. Additional efforts resulting from the non-compliant work include:
o Special Inspection during relocation and re-drilling of several tiebacks. o Special Inspection (and material testing) of partial demolition of storm drain and construction on new outlet structure.
o Inspection of storm drain repair.

Council Agenda 6-6-2023 12.E-8
Attachment 1.A

1050 Southwood Drive, San Luis Obispo, CA 93401 210137
T 805.544.7407 F 805.544.3863
CannonCorp.us 3

7. Parapet Wall Non-Compliant Work
x Cannon identified non-compliant work by the contractor that required removal and replacement of a large section of the stair parapet wall. Cannon coordinated the resolution of these issues with the City, design engineer, and contractor. Cannon and its subconsultant Earth Systems Pacific provided additional special inspection and material testing during the removal and replacement of the non-compliant work.

8. Wall 5 Extension
x Due to existing non-engineered fill found at the south end of Wall 5, the design engineer and City determined that Wall 5 needed to be extended further south. Cannon coordinated with the City/design engineer and negotiated a contract change order with the contractor to extend Wall 5 and stabilize the loose soil. This addition/extension to Wall 5 also required additional special inspection and material testing.

9. Replacement of Concrete Walkway at Park
x Upper bluff failures due to major winter storms in January 2023 required an existing concrete walkway to be relocated away from the edge of the bluff immediately south of the project site. Cannon prepared exhibits, negotiated and prepared a contract change order, and inspected this extra storm-related repair work.

10. Bluff Habitat Mitigation and Restoration
x The City requested Cannon to oversee facilitate implementation of the project Habitat Mitigation and Monitoring Plan (HMMP), which was required by the City per Pre-Construction Task #1 of the project’s environmental commitments record. In addition to assisting the City onboard a contractor and schedule the restoration work, this task included retaining Rincon Consultants, Inc. to implement the monitoring and reporting requirements of the HMMP. This effort was not included in Cannon’s original contract.

Cannon has provided construction management and inspection services for the Ocean Boulevard Improvement Project on a regular basis since April 2022. Over the course of the project, we’ve had to increase staff coverage from time to time to adequately cover this additional work.

Although there have been several unforeseen construction issues, Cannon has been able to absorb some of this additional effort within our existing budget. However, additional budget is needed for Cannon and two of our subconsultants who provided significant out- of-scope services; Earth Systems Pacific and Rincon Consultants. Detailed descriptions of Council Agenda 6-6-2023 12.E-9
Attachment 1.A

1050 Southwood Drive, San Luis Obispo, CA 93401 210137
T 805.544.7407 F 805.544.3863
CannonCorp.us 4
the additional services and estimates of additional fees from these subconsultants have been provided as an attachment to this letter.

We request that the City provide Cannon additional construction management budget of $115,400 for additional efforts on this project. This additional budget will allow Cannon to continue construction phase services through July 31, 2023, as well as post-construction restoration services by Rincon Consultants and Cannon. We remain committed to providing the City with high quality service to meet your needs through the final completion of this project. If you have any questions, or wish to discuss this matter further, please contact me at (805) 544-7407 or [email protected].

Sincerely,
Charles Gray, PE
Resident Engineer
C 81321
Council Agenda 6-6-2023 12.E-10
Attachment 1.A

1050 Southwood Drive, San Luis Obispo, CA 93401 210137
T 805.544.7407 F 805.544.3863
CannonCorp.us 5
ADDITIONAL SERVICES AGREEMENT No. 1
Client:City of Pismo Beach Project Name:CM Services Pier Plaza Project Date: May 10, 2023 Project Number: 210137
Description of Additional Services and/or Materials:

Additional Construction Management Services.

Additional Fee:$ 115,400
(Time and Materials, not to exceed without prior written authorization) Authorization:

In witness whereof, the parties hereto have caused this agreement consisting of the Request for Additional Services, the original signed agreement dated 1/19/2022 and any other necessary and applicable documents to be executed of the date and year first above written.

Any additions and/or corrections to this agreement will be addressed in a separate agreement.

City of Pismo Beach Cannon
Chad Stoehr, PE Patrick Riddell, PE
Engineer Director, Construction Management
Division
Date Date
Council Agenda 6-6-2023 12.E-11
Attachment 1.A

Hi Donna,
Can you please prepare a contract amendment for Rincon for project 210137. Below is the additional scope and NTE fee increase.Please add a task in Vision to phase 201 and call it “Hazardous Material Analysis – Rincon”.

Charlie Gray, PE
Resident Engineer
Cannon
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 C 805.503.9331
F 805.544.3863 E [email protected]
CannonCorp.us
This transmission is confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential information. If you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. If you have received this transmission in error, please notify me immediately by email or call 805.544.7407.

From: Scott English
Sent: Wednesday, June 1, 2022 2:01 PM
To: Charlie Gray ; Dustin Merrick ;
[email protected]
Cc: Colby Boggs ; Marissa De Hoyos

Subject: RE: [EXT] RE: Ocean Blvd lead test, Pismo
** WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ** Hello Charlie and Chad. See scope of work and cost below. Please provide contract amendment ASAP. We can be onsite early Friday 7 or 8am. Please confirm the time and location our staff member should meet the contractor. Let me know if you have any questions or comments. Thanks. (;+,%,7$Appendix A
Hazardous Waste Analysis and Testing
Council Agenda 6-6-2023 12.E-12
Attachment 1.A

We understand during excavation activities debris including glass bottles, clay tiles and bricks were encountered. We further understand that Cannon will provide a backhoe to excavate a pothole in order to expose two areas with the debris. Rincon will provide the following services:

Rincon will prepare a Health & Safety Plan to outline the procedures that Rincon’s personnel will follow to minimize the potential for health and safety hazards during the course of work to be performed at the site. The need for this plan is mandated by federal law.

Provide an Environmental Scientist to inspect the potholes and collect two soil matrix samples from the debris within the pothole excavations. If requested by Cannon, Rincon will also collect up to four soil matrix samples from stockpiled or other graded areas of the site. The soil samples will be placed into laboratory-supplied glass jars, capped, labeled, and stored on ice pending delivery to a state-accredited analytical laboratory under chain-of-custody documentation.

The soil samples collected will be analyzed for total petroleum hydrocarbons (TPH) by EPA Method 8015, volatile organic compounds (VOCs) by EPA Method 8260, CAM 17 Metals by EPA Method 6010B/7471A and 7470A and polynuclear aromatic hydrocarbon compounds (PNAs) by EPA Method 8270M SIM. The samples will also be analyzed for soluble threshold limit concentration (STLC) and toxicity characteristic leaching procedure (TCLP) lead. The samples will be analyzed on a 3-day rush turnaround time.

Prepare a letter Report documenting the findings. The report will include a figure depicting the sampling locations, analytical data tables, conclusions, and recommendations. General administrative project management costs are included in this task as well.

Assumptions
The scope of work proposed includes the following assumptions:

Cannon will coordinate site access.

The sampling will occur on Friday June 3, 2022.

Cannon will provide backhoe and operator to excavate the potholes.

Cannon will assist Rincon with the collection of additional soil samples with a backhoe or hand tools if samples are collected within stockpiles or previously graded areas.

Up to six soil matrix samples will be analyzed on a 3-day rush turnaround time.

We can provide verbal results on June 9, 2022, once the laboratory analytical report is received. If there is any delay by the lab we will notify Cannon ASAP. Note the STLC and TCLP results may take another day or two.

We will provide a draft report within one week of receipt of laboratory analytical results.

Cost
This scope of work will be completed for a cost not to exceed $14,000. To approve this cost and scope of work please provide us a contract amendment.
6FRSHRI:RUN
Council Agenda 6-6-2023 12.E-13
Attachment 1.A

R. Scott English, RME, Senior Program Manager/Remediation Supervisor Rincon Consultants, Inc.

Environmental Scientists | Planners | Engineers
805-644-4455 ex 15
805-901-8596 Mobile
805-947-4840 Direct
rinconconsultants.com
Trusted | Fair | Transparent | Accountable | Disciplined | Entrepreneurial Ranked 2021 “Best Environmental Services Firm
to Work For” by Zweig Group
From: Charlie Gray
Sent: Wednesday, June 1, 2022 10:17 AM
To: Scott English ; Dustin Merrick
; [email protected]
Subject: RE: [EXT] RE: Ocean Blvd lead test
CAUTION: This email originated from outside of Rincon Consultants. Be cautious before clicking on any links, or opening any attachments, until you are confident that the content is safe .

Yes, I think grabbing samples from 2-3 additional grading areas and stockpiles (or more depending on the inspection) now is warranted. The sooner the better. Let me know timing so I can coordinate with the contractor.

Thanks,
Charlie Gray, PE
Resident Engineer
Cannon
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 C 805.503.9331
F 805.544.3863 E [email protected]
CannonCorp.us
This transmission is confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential information. If you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. If you have received this transmission in error, please notify me immediately by email or call 805.544.7407.

From: Scott English
Council Agenda 6-6-2023 12.E-14
Attachment 1.A

From:Charlie Gray
To:[email protected]
Subject:Ocean Blvd - Hazardous Material Additional Scope Date:Friday, July 1, 2022 9:39:00 AM
Attachments:image001.png
Chad,

Per our conversation, I am going to write a task order for Rincon to perform the scope described below (not to exceed $12,000). We will try to work this additional scope (as well as the additional scope for Rincon to perform the testing and sampling) into our existing budget. As we get closer to the mid-point of the project, I will assess how we are doing budget wise and let you know if I think we will need a contract amendment.

Let me know if you have any questions.

Thanks,
Charlie Gray, PE
Resident Engineer
Cannon
1050 Southwood Drive, San Luis Obispo, CA 93401
T 805.544.7407 C 805.503.9331
F 805.544.3863 E [email protected]
CannonCorp.us

This transmission is confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential information. If you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. If you have received this transmission in error, please notify me immediately by email or call 805.544.7407.

From: Dustin Merrick
Sent: Thursday, June 30, 2022 9:04 AM
To: Charlie Gray ; Ron Tegland
Cc: Colby Boggs ; Scott English
; [email protected]
Subject: RE: [EXT] Excavating tomorrow

** WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. **

Thanks Charlie! We’ll tentatively plan for that. If we could get at least 48 hours’ notice on the hard date, that would be great. Please see the additional scope below. Do not hesitate to reach out to me or Scott with questions or comments.

Project Understanding
It is Rincon’s understanding that during excavation activities for pile foundations debris including Appendix B
Hazardous Waste Removal
Observation & Documentation
Council Agenda 6-6-2023 12.E-15
Attachment 1.A

glass bottles, clay tiles and bricks were encountered. On June 3, 2022, Rincon mobilized to the site to inspect and collect samples of the debris-impacted soil. An approximately 1-foot-thick debris layer consisting primarily of glass, clay tile pieces and brick pieces was observed between 3 to 4 feet below ground surface (bgs) in two pothole excavations and within the sidewall of a pile foundation excavation. Based on the analytical results, lead impacts were detected in soil samples collected from the debris-impacted soil.

Lead was detected in soil sample P39 collected at a concentration that exceeded the residential, commercial and construction worker San Francisco Bay Regional Water Quality Control Board Environmental Screening Levels (ESLs). The soil in the vicinity of P39 would classify as a California non-RCRA hazardous waste. Based on this finding, it is Rincon’s opinion that any debris-impacted soil encountered be treated as non-RCRA hazardous waste.

Scope of Work
Rincon understands the City of Pismo will hire the contractor directly to perform excavation, transportation, and disposal of lead impacted soil from the site. Rincon will prepare the following documents and provide the following services as part of our excavation oversight scope of work:

Update a Health & Safety Plan to outline the procedures that Rincon’s personnel will follow to minimize the potential for health and safety hazards during the course of work to be performed at the site.

Document pile excavation activities within the debris area.

Prepare an excavation report following completion of pile excavation within the debris area.

The report that will include a summary of the pile excavation activities, volumes of impacted soil removed from the site, a detailed map depicting excavation locations, and copies of waste manifests and weight tickets. The report will be signed and stamped by a California Professional Geologist.

Assumptions
The scope of work proposed includes the following assumptions:

Cannon will coordinate site access.

City of Pismo or Contractor will obtain any necessary permits The selected Contractor will have an active General A and a HAZ Contractor’s license with the State of California.

The Contractor’s employees working within the debris-impacted aeras will be 40-hour trained in Hazardous Materials and Waste Operations (HAZWOPER) prior to conducting the work.

Contractor will pre-profile the non-RCRA waste.

Rincon will only be responsible for the health and safety of Rincon personnel.

Contractor will provide dust suppression during excavation activities.

No soil samples will be collected or analyzed.

The excavation activities within the debris-impacted areas will be completed in one day.

Field work will not exceed one 10-hour day including travel.

Council Agenda 6-6-2023 12.E-16
Attachment 1.A

Work will be conducted Monday through Friday during normal business hours (7am to 5pm).

If work must be conducted after hours, on holidays, or on weekends, additional fees may apply.

We will provide a draft report within two weeks of receipt of waste manifests and weight tickets.

Cost
This scope of work will be completed for a cost not to exceed $12,000. To approve this cost and scope of work please provide us a contract amendment.

Dustin Merrick, MA, RPA Archaeologist/ Project Manager
(He/Him)

805-644-4455 Main | 805-762-4064 Direct
[email protected]

Trusted | Fair | Transparent | Accountable | Disciplined | Entrepreneurial Ranked 2021 “Best Environmental Services Firm to Work For” by Zweig Group

From: Charlie Gray
Sent: Wednesday, June 29, 2022 3:26 PM
To: Ron Tegland ; Dustin Merrick
Cc: Colby Boggs ; Scott English
; [email protected]
Subject: Re: [EXT] Excavating tomorrow

CAUTION: This email originated from outside of Rincon Consultants. Be cautious before clicking on any links, or opening any attachments, until you are confident that the content is safe .

Dustin/Scott,
I don't have a hard date yet, but it tentatively looks like the contaminated material will be excavated and removed the middle of next week.

Thanks,
Charlie Gray
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
Council Agenda 6-6-2023 12.E-17
Attachment 1.A

December 30, 2022
File No.: 305179-001
Mr. Charlie Gray
Cannon
1050 Southwood Drive
San Luis Obispo, CA 93401
PROJECT: OCEAN BOULEVARD IMPROVEMENTS PROJECT

OCEAN BOULEVARD

PISMO BEACH, CALIFORNIA
SUBJECT: Estimate of Additional Fees for Construction Special Inspection and Material Testing Services Related to Additional Testing
Dear Mr. Gray:

As requested, we have prepared this proposal to provide an estimate of extra fees associated the with referenced project. The additional fees are related to the additional inspections and testing generally associated with repair work associated with voids in the piles and shotcrete and greater amount of time on site than anticipated based upon the contractor’s schedule and processes.

Our anticipated fees for the additional scopes are as follows:

Special Inspector (Group 2) 260 hrs. @ $185.00/hr. ............... $48,100.00 Principal Professional 20 hrs. @ $215.00/hr. ..................... 4,300.00 ESTIMATED TOTAL ................................................................................. $52,400.00 It is assumed that services for this project would be provided in accordance with the Task Order for Consulting Services for Project 220137, dated January 21, 2022.

If you have any questions or require additional information, please contact the undersigned at your convenience.

Sincerely,
Earth Systems Pacific
Robert Down, PE
Senior Vice President
Doc. No.: 2212-093.CO1/cr
Appendix C
Additional Special Inspection
and Material Testing Services
Council Agenda 6-6-2023 12.E-18
Attachment 1.A

Environmental Scientists Planners Engineers

March 2, 2023
Rincon Project No. 21-11022

Patrick Riddell, PE
Director, Construction Management Division
Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401
Via email: [email protected]

Subject: Request to Provide Restoration Services for the Ocean Boulevard Improvements Project, Pismo Beach, San Luis Obispo County, California

Dear Mr. Riddell
Rincon Consultants, Inc. (Rincon) is pleased to submit this proposal to provide restoration services for the Ocean Boulevard Improvements Project (project) in San Luis Obispo County (County), California.

Specifically, we propose to oversee implementation of the Habitat Mitigation and Monitoring Plan (HMMP) prepared for the project by conducting restoration monitoring and reporting. The intent of these proposed tasks is to achieve successful implementation of the mitigation requirements listed in the HMMP. The following sections of this proposal detail our scope of work and cost and schedule to provide these services.

Scope of Work
Task 1: Restoration Monitoring and Reporting
This task will fulfill monitoring and reporting requirements for the restoration activities as dictated in the HMMP. The HMMP requires monitoring for three years. After three years, if success criteria are met in the Mitigation Area, a final report will be prepared for the restoration.

Prior to restoration activities, a qualified restoration ecologist or biologist will conduct a site visit and take a series of photographs (2 minimum), documenting pre-project conditions of vegetation within the Mitigation Area. Photograph points and direction will be recorded on a figure and used for follow-up monitoring. A brief narrative summary of vegetation conditions including dominant species, and percentage of invasive species will be recorded inside of the Mitigation Area and surrounding habitat. In addition, the qualified restoration ecologist or biologist will estimate baseline cover of both native and invasive species within the Mitigation Area. For consistency, cover estimation within the Mitigation Area will be conducted visually utilizing guidance and methods provided in the Estimating Cover section of the California Native Plant Society Relevé Protocol.

Prior to planting/seeding, a qualified restoration ecologist or biologist will monitor and provide the crew guidance during site preparation activities in the Mitigation Area which includes non-native plant removal. In addition, a qualified restoration ecologist or biologist will be available on site during the seed application and construction of Mitigation Area protection and fencing.

Appendix D
Biological Restoration
Monitoring & Reporting
Council Agenda 6-6-2023 12.E-19
Attachment 1.A

Cannon Corporation
Request to Provide Restoration Services
Ocean Blvd Improvements Project

Page 2 ends

A qualified restoration ecologist or biologist will visit the Mitigation Area on a quarterly basis for the first year following initial seeding. After the first year, the qualified restoration ecologist or biologist will visit the Mitigation Area twice per year. During each site visit, the monitor would qualitatively assess the site for growth, health, and presence and extent of non-native invasive species. Additionally, a list of plant species observed would be kept allowing comparison to pre-project conditions as documented during the implementation plan. Representative photos would be taken at pre-determined photo points during each site visit to document progress of the restoration effort. A brief narrative describing vegetation within the Mitigation Area will be recorded similar to data collected prior to the HMMP implementation.

During each visit, the qualified restoration ecologist or biologist will also estimate cover of native and non-native species within the Mitigation Area, noting presence or absence of invasive plants recognized by Cal-IPC. Cover estimation will be conducted visually utilizing guidance and methods provided in the Estimating Cover section of the California Native Plant Society Relevé Protocol.

Over the course of the three-year monitoring period, quarterly reports will be completed during the first year, in addition to an annual report at the end of the first year. After the first year, one annual report will be required for each year to document the progress of the restoration program inside of the Mitigation Area. In total, four quarterly reports and three annual reports will be prepared for the applicant and submitted to the City of Pismo Beach via electronic mail for a total of three years.

Task 2: Project Management
Rincon Principal and Senior Ecologist, Colby J. Boggs will serve as the Principal-in-Charge and Senior Restoration Ecologist, and Rincon Biologist, Adam Card, will serve as the Project Manager and Restoration Ecologist, be the primary point-of-contact,and be available to coordinate with all involved parties as needed. Project management will include meetings, coordination of field effort and site access, general client coordination, as well as providing consistent control of project costs, schedule, staffing, and deliverables. As part of the adaptive management cycle, Rincon will communicate deficiencies noted during the monitoring visits in order for the restoration to be successful. Rincon’s senior staff will remain available to support the client with any aspect of environmental compliance with regard to restoration implementation and will interface with regulatory agencies such as the City of Pismo Beach.

Assumptions
This scope of work and budget are contingent on the following assumptions:
ƒRincon assumes that site limits will be identified prior to restoration activities such that the landscape contractor can clearly see limits of the Mitigation Area. ƒRincon assumes 1, 4-hour site visit to document pre-restoration conditions. ƒRincon assumes up to 2, 4-hour site visits to monitor site preparation and seeding. ƒRincon assumes 8, 4-hour site visits will be required after seeding activities to complete restoration monitoring requirements over the three-year monitoring period. ƒRincon assumes four quarterly reports and three annual reports will be required to complete restoration efforts.

If significant changes to the approach to restoration are requested, revised cost estimates will need to be prepared to accommodate any additional work needed. Similarly, should adaptive management Council Agenda 6-6-2023 12.E-20
Attachment 1.A

Cannon Corporation
Request to Provide Restoration Services
Ocean Blvd Improvements Project

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measures be required, a revised scope and budget amendment will be prepared to address the specific issues that arise.

Cost Estimate
Rincon estimates the cost to complete the scope of work presented above will require a budget of $33,003 which at this time we anticipate will be funded through our existing remaining contract budget.

This cost would be billed on a time and material not to exceed basis in accordance with our existing contract that was fully executed on January 9, 2022. If necessary, any additional work not included herein can be performed with your written authorization on a time and materials reimbursement basis in accordance with the contract. A separate scope of work and cost estimate would be provided.

Thank you for the continued opportunity to provide biological services for this project. Please contact me at 805-547-0900 or [email protected] if you have any questions or need any additional information.

Sincerely,
Rincon Consultants, Inc.

Adam Card Colby J. Boggs
Biologist Principal/Senior Ecologist
Attachment: Cost Estimate Table
Council Agenda 6-6-2023 12.E-21
Attachment 1.A

Cannon Corporation
Request to Provide Restoration Services
Ocean Blvd Improvements Project

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Cost Estimate
Tasks Labor Direct Expense Budget
Task 1: Restoration Monitoring and Reporting 27,652$ 2,244$ 29,896$ Task 1 Subtotal Cost 27,652$ 2,244$ 29,896$ Task 2: Project Management 3,107$ 3,107$ Task 2 Subtotal Cost 3,107$ 3,107$
TOTAL PROJECT BUDGET $30,759 $2,244 $33,003
Direct Expense Summary
Vehicle Costs 990$
Standard Field Equipment Package 1,254$
SUBTOTAL DIRECT EXPENSE $2,244
RINCON CONSULTANTS, INC.

Ocean Boulevard Improvements Project
Council Agenda 6-6-2023 12.E-22
Attachment 1.A

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