G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo Bt Agenda Item #9.F
Meeting Date: December 3, 2024
TITLE:
Authorization for Agreement with Michael K. Nunley & Associates, Inc. for Design of the Charles Street Reservoir Replacement Project
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Michael K. Nunley & Associates, Inc. in the amount of $197,684 for engineering design services for the Charles Street Reservoir Replacement Project.
DISCUSSION:
The Charles Street Reservoir Replacement project will replace the Charles Street Reservoir, located in Grover Beach, which has reached the end of its useful life. Staff is currently seeking environmental professional services for the HUD National Environmental Policy Act (NEPA) requirements and released a formal RFP for design services.
On September 6, 2024 staff issued a formal Request for Proposals (RFP) for engineering design services to prepare preliminary and final design plans and all necessary construction documents for construction of the Charles Street Reservoir Replacement project. On October 17, 2024 five proposals were received and were evaluated by a review panel. Michael K. Nunley & Associates, Inc. (MKN) was selected to perform the work based on the following:
• Understanding of the Scope of Work to be Performed • Methods, Schedule and Procedures to be Used
• Management, Personnel and Experience
• Consultation and Coordination with the City of Pismo Beach MKN's cost proposal for engineering design services is provided as Attachment 1.A.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with MKN in the amount of$197,684 for engineering design services for the Charles Street Reservoir Replacement Project.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $197,684 for the engineering design phase of the project. The Water Enterprise Funds' budget includes $2,912,975 for design and construction of the project.
Council Agenda 12-3-2024 9.F-1
The estimated project costs are shown in Table 1 below.
Table 1. FY 2025 Project Funding
Description Amount
Available Project Budget $2,912,975
MKN Contract Cost $197,684
Budget Surplus / Shortfall $2,715,291
Once the design of the Charles Street Reservoir Replacement has been completed, the project advertised and construction bids are received, staff will return to Council to award the project.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: MKN Cost Proposal
2. MKN Professional Services Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Director of Public Works City Manager Approval:
Council Agenda 12-3-2024 9.F-2
Attachment 1
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL K. NUNLEY & ASSOCIATES, INC. IN THE AMOUNT OF $197,684 FOR ENGINEERING DESIGN
SERVICES FOR THE CHARLES STREET RESERVOIR REPLACEMENT PROJECT WHEREAS, the Charles Street Reservoir Replacement project will replace the Charles Street Reservoir, located in Grover Beach, which has reached the end of its useful life; and
WHEREAS, staff issued a formal Request for Proposals for engineering design services to prepare preliminary and final design plans and all necessary construction documents for construction of the project; and
WHEREAS, on October 17, 2024 five proposals were received and were evaluated by a review panel; and
WHEREAS, Michael K. Nunley & Associates, Inc. (MKN) was selected to perform the work; and
WHEREAS, the Water Enterprise Funds' budget includes sufficient funding for design of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Michael K. Nunley & Associates, Inc. in the amount of $197,684 for engineering design services for the Charles Street Reservoir Replacement Project (cost proposal provided as 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 3rd day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
Council Agenda 12-3-2024 9.F-4
Attachment 1.A
FEE PROPOSAL
MKN has reviewed the City's standard agreement and will be able to execute the agreement. Consultant compensation shall be on a "fixed fee, not to exceed basis." Below is a copy of MKN's billing rate schedule.
mk*a 2025 FEE SCHEDULE
CATEGORY POSITION HOURLY RATE
Communications Administrative Assistant $113
and Strategic Communications Coordinator $121
Administrative Strategic Communications Specialist $147 Designers and CAD Technician 1 $137
Technicians CAD Design Technician 11 $158
Senior Designer $176
Assistant Planner 1 $134
Assistant Planner 11 $150
Planning GIS Specialist $173
Planner 1 $194
Planner II $205
Senior Planner $215
Engineering Technician $103
Assistant Engineer 1 $140
Assistant Engineer 11 $160
Project Engineer 1 $189
Engineers Project Engineer 11 $205
Senior Engineer 1 $221
Senior Engineer II $231
Senior Engineer 111 $247
Principal Engineer $257
Project Manager $231
Project Senior Project Manager $267
Management Project Director $289
Senior Project Director $308
Scheduler $179
***Construction Inspector $200
Construction Assistant Resident Engineer $200
Management
Services Resident Engineer $212
Construction Manager $231
Principal Construction Manager $272
The foregoing Billing Rate Schedule is effective through December 31,2025 and will be adjusted each year after at a rate of 2 to 5%.
DIRECT PROJECT EXPENSES
Outside Reproduction Cost+10%
Subcontracted or Subconsultant Services Cost+10%
Travel&Subsistence(other than mileage) Cost
Auto Mileage Current IRS Rate
PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING SERVICES FOR THE CHARLES STREET RESERVOIR REPLACEMENT D01
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Attachment 1.A
COST PROPOSAL
City of Pismo Beach
Charles Street Reservoir Replacement
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Task 101-Project Management,Monthly Progress Reports 8 16 24 $4,616 $ - $ - $ - $ $ $ $0 $ 4,616 Task 102-Kickoff Meeting 2 2 4 $834 $ 100 $ - $ - $ $ - $ - $100 $ 934 Task 103-Bi-weekly Progress Meetings(up to 18,30 minutes each) 9 9 18 $3,753 $ - $ - $ - $ - $ - $ - $0 $ 3,753 Design Review Meetings(3 total) 3 3 6 $1,251 $ 100 $ - $ - $ - $ - $ - $100 $ 1,351 Task 104-Alternatives Workshop and TM 2 16 4 24 8 54 $10,926 $ 100 $ - $ - $ $ $ $100 $ 11,026 Task 105-QA/QC 8 8 $2,312 $ - $ - $ - $ $ $ - $0 $ 2,312 Task 106-As-needed Support,Permitting,Outreach,etc.(up to 40 hours) 20 20 40 $8,340 $ 200 $ - $ - $ $ $ - $200 $ 8,540 Subtotal 10 58 4 74 8 154 $ 32,032 $ 500 $ - $ - $ - $ - $ - $ 500 $ 32.532 'Task Group 11
-Preliminary Engineering INV-
Task 201-Geotechnical Engineering(Earth Systems) 2 2 4 8 $1,648 $ - $ 13,096 $ $ $ $ $13,096 $ 14,744 Task 202-Data Review 8 4 8 2 22 $4,676 $ - $ - $ $ $ $ - $0 $ 4,676 Task 203-Potholing 2 2 4 $672 $ - $ - $ $ 6,050 $ $ - $6,050 $ 6,722 Subtotal 0 10 6 14 4 34 $ 6,996 $ - $13,096 $ $ 6,050 $ - $ - $ 19,146 $ 26,142 Task Group LL Design
Task 301-30%Plans 16 16 32 40 104 $20,224 $ - $ - $ $ - $ $ - $0 $ 20,224 Task 302-60%Plans 24 16 60 40 140 $26,760 $ - $ - $ $ $ $ - $0 $ 26,760 60%Specifications 24 16 36 76 $15,880 $ - $ - $ $ $ $ - $0 $ 15,880 60%Cost Opinion 4 2 4 10 $2,162 $ - $ - $ $ $ $ - $0 $ 2,162 Task 303-90%Plans 8 8 24 40 80 $14,912 $ - $ - $ $ $ $ - $0 $ 14,912 90%Specifications 8 8 16 32 $6,592 $ - $ - $ $ $ $ - $0 $ 6,592 90%Cost Opinion 4 2 4 10 $2,162 $ - $ - $ $ $ - $ - $0 $ 2,162 Task 304-100%Plans 8 2 12 16 38 $7,286 $ 200 $ - $ 8,800 $ $23,870 $ 9,251 $42,121 $ 49,407 100%Specifications 2 2 $494 $ - $ - $ - $ $ - $ - $0 $ 494 100%Cost Opinion 1 1 2 $417 $ - $ - $ - $ $ - $ - $0 $ 417 Subtotal 0 97 72 189 136 494 $ 96,889 $ 200 $ - $ 8,800 $ - $23,870 $ 9,251 $ 42,121 $ 139,010
PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING SERVICES FOR THE CHARLES STREET RESERVOIR REPLACEMENT �1�
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Attachment 2
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES B. Schedule of Payment This Vendor Agreement for Professional Services("AGREEMENT")is made and entered into as of VENDOR will submit invoices monthly for actual services performed and associated expenses. the date the AGREEMENT is fully executed by all parties(the"Effective Date"),by and between the Invoices shall be submitted on or about the first business day of each month,or as soon City of Pismo Beach,a municipal corporation("CITY"),and MKN&Associates,Inc.("VENDOR").In thereafter as practical,for services provided in the previous month.Payment shall be made consideration of the mutual covenants and conditions set forth herein,the parties agree as follows: within thirty(30)days of receipt of each invoice as to all non-disputed fees.If CITY disputes any of VENDOR's fees it shall give written notice to VENDOR within thirty(30)days of receipt RECITALS: of an invoice of any disputed fees set forth on the invoice.Any final payment under this AGREEMENT shall be made within forty-five(45)days of receipt of an invoice therefor.
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services: IV. TERMINATION OF AGREEMENT Professional Engineering Services for the Charles Street Reservoir Replacement Project A. CITY may at any time,for any reason,with or without cause,suspend or terminate this AGREEMENT,or any portion hereof,by serving upon VENDOR at least ten(10)days'prior VENDOR represents and warrants that it is qualified to perform those services. written notice.Upon receipt of said notice,VENDOR shall immediately cease all work under this AGREEMENT,unless the notice provides otherwise.If CITY suspends or terminates a AGREEMENT: portion of this AGREEMENT,such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
I. SERVICES TO BE PERFORMED BY VENDOR
B. In the event this AGREEMENT is terminated pursuant to this Section,CITY shall pay to VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A. VENDOR the actual value of the work performed up to the time of termination,provided that VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a the work performed is of value to CITY.Upon termination of the AGREEMENT pursuant to this competent,professional and satisfactory manner.Extra work beyond that described in the Scope of Section,VENDOR will submit an invoice to CITY pursuant to Section III.
Services is not authorized without the express written approval of CITY.VENDOR shall request and receive written approval prior to performing any extra work.Any work beyond that reflected in the V. FORCE MAJEURE approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph.To the extent that Exhibit A is a proposal from VENDOR,such If any party fails to perform its obligations because of strikes,lockouts,labor disputes,embargoes, proposal is incorporated only for the description of the Scope of Services and no other terns and "acts of God,"inability to obtain labor or materials or reasonable substitutes for labor or materials, conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by governmental restrictions,governmental regulations,governmental control,judicial orders,enemy or CITY in writing. hostile governmental action,civil commotion,fire or other casualty,or other causes beyond the reasonable control of the parry obligated to perform,then that parry's performance shall be excused II. TERM for a period equal to the period of such cause for failure to perform.
Unless earlier terminated in accordance with Section IV below,or unless the Scope of Services are VI. RETENTION OF FUNDS substantially completed,the AGREEMENT will continue in full force and effect from the Effective Date through December 31,2025.Upon mutual written agreement,the term of this AGREEMENT can be VENDOR authorizes CITY to deduct from any amount payable to VENDOR(whether or not arising extended annually under the same terms for an additional one(1)year period,or longer as the parties out of this AGREEMENT)any amounts the payment of which may be in dispute or that are necessary agree in writing. to compensate CITY for any losses,costs,liabilities,or damages suffered by CITY,and all amounts for which CITY may be liable to third parties,by reason of VENDOR's acts or omissions in performing III. COMPENSATION or failing to perform VENDOR's obligations under this AGREEMENT.In the event that any claim is made by a third party,the amount or validity of which is disputed by VENDOR,or any indebtedness A. VENDOR's Fee exists that appears to be the basis for a claim of lien,CITY may withhold from any payment due, without liability for interest because of the withholding,an amount sufficient to cover the claim.The For services rendered pursuant to this AGREEMENT,VENDOR will be paid in accordance failure of CITY to exercise the right to deduct or to withhold will not,however,affect the obligations of with the Compensation Schedule attached hereto as Exhibit B.However,in no event will the VENDOR to insure,indemnify,and protect CITY as elsewhere provided in this AGREEMENT. total amount of money paid VENDOR,for services initially contemplated by this AGREEMENT and associated expenses,exceed the sum of one hundred ninety-seven thousand six VII. CITY REPRESENTATIVE hundred eighty-four dollars($197,684.00),unless otherwise first approved in writing by CITY.Should this AGREEMENT be extended pursuant to Section ll,VENDOR's fee may be The Senior Engineer is designated as the"City Representative,"authorized to act in its behalf with adjusted upon the written agreement of the parties,in the form of an amendment to this respect to the work and services specified in this AGREEMENT and to make all decisions in AGREEMENT. connection with this AGREEMENT.Whenever approval,directions,or other actions are required by 1of12 2of12
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Attachment 2
CITY under this AGREEMENT,those actions will be taken by CITY Representative,unless otherwise printing computer files.VENDOR hereby grants to CITY all right,title,and interest,including stated.CITY's City Manager has the right to designate another CITY Representative at any time,by any copyright,in and to the documents,designs,drawings,maps,models,computer files, providing notice to VENDOR. surveys,notes,and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
Vill. VENDOR REPRESENTATIVE(S)
C. All plans,studies,sketches,drawings,reports,and specifications as herein required are the The person(s)employed by VENDOR whose name(s)are set forth immediately following the property of CITY,whether the work for which they are made be executed or not.In the event signatures of the parties executing this AGREEMENT are designated as being the representative(s) this AGREEMENT is terminated,and at the end of the term of this AGREEMENT,all such of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT plans,studies,sketches,drawings,electronic documentation,reports,and specifications shall and make all decisions in connection with this AGREEMENT. be delivered immediately to CITY.VENDOR may retain one copy of each document for VENDOR'S records,but shall have no proprietary rights to them.CITY agrees to indemnify IX. INDEPENDENT CONTRACTOR VENDOR against any damages caused by the unauthorized re-use of said documents.
VENDOR is,and at all times will remain as to CITY,a wholly independent contractor.Neither CITY XIII. INDEMNIFICATION nor any of its elected officials,officers,employees or agents will have control over the conduct of VENDOR or any of VENDOR's employees,except as otherwise set forth in this AGREEMENT and A. Non-design,non-construction Professional Services:
then only as to the results to be accomplished and not the method by which VENDOR provides the To the fullest extent permitted by law(including,but not limited to California Civil Code Scope of Services.VENDOR may not,at any time or in any manner,represent that it or any of its Sections 2782 and 2782.8),VENDOR shall indemnify,defend,and hold harmless CITY,and agents or employees are in any manner agents or employees of CITY. its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from and against any and all causes of action,claims,liabilities,obligations,judgments,or X. BUSINESS LICENSE damages,including reasonable legal counsels'fees and costs of litigation("claims'),arising out of VENDOR's performance or VENDOR's failure to perform its obligations under this VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, AGREEMENT or out of the operations conducted by VENDOR,including CITY's active or unless VENDOR is qualified for an exemption. passive negligence,except for such loss or damage arising from the sole negligence or willful misconduct of CITY.In the event CITY Indemnitees are made a party to any action,lawsuit,or XI. OTHER LICENSES AND PERMITS other adversarial proceeding arising from VENDOR's performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY's option,reimburse CITY VENDOR warrants that it has all professional,contracting and other permits and licenses required to Indemnitees their costs of defense,including reasonable legal fees,incurred in defense of undertake the work contemplated by this AGREEMENT. such claims.
XII. VENDOR'S ACCOUNTING RECORDS;OTHER PROJECT RECORDS B. Non-design,construction Professional Services:
To the extent the Scope of Services involve a"construction contract"as that phrase is used in A. VENDOR shall maintain complete and accurate records with respect to sales,costs, Civil Code Section 2783,this paragraph shall apply in place of paragraph A.To the fullest expenses,receipts,and other such information required by CITY that relate to the extent permitted by law(including,but not limited to California Civil Code Sections 2782 and performance of services under this AGREEMENT.VENDOR shall maintain adequate records 2782.8),VENDOR shall indemnify,defend,and hold harmless the CITY,and its elected of services provided in sufficient detail to permit an evaluation of services. officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from and against any and all causes of action,claims,liabilities,obligations,judgments,or damages,including B. All such records shall be maintained in accordance with generally accepted accounting reasonable legal counsels'fees and costs of litigation("claims"),arising out of VENDOR's principles and shall be clearly identified and readily accessible.VENDOR shall provide free performance or VENDOR's failure to perform its obligations under this AGREEMENT or out of access to the representatives of CITY or its designees at reasonable times to such books and the operations conducted by VENDOR,except for such loss or damage arising from the active records;shall give CITY the right to examine and audit said books and records;shall permit negligence,sole negligence or willful misconduct of CITY.In the event CITY Indemnitees are CITY to make transcripts or copies therefrom as necessary;and shall allow inspection of all made a party to any action,lawsuit,or other adversarial proceeding arising from VENDOR's work,data,documents,proceedings,and activities related to this AGREEMENT.Such performance of this AGREEMENT,VENDOR shall provide a defense to CITY Indemnitees or records,together with supporting documents,shall be maintained for a period of three(3) at CITY's option,reimburse CITY Indemnitees their costs of defense,including reasonable years after receipt of final payment.Upon completion of,or in the event of termination or legal fees,incurred in defense of such claims. suspension of this AGREEMENT,all original documents,designs,drawings,maps,models, computer files,surveys,notes,and other documents prepared in the course of providing the C. Design Professional Services:
services to be performed pursuant to this AGREEMENT shall become the sole property of In the event VENDOR is a"design professional,"and the Scope of Services require VENDOR CITY and may be used,reused,or otherwise disposed of by CITY without the permission of to provide"design professional services"as those phrases are used in Civil Code Section VENDOR.With respect to computer files,VENDOR shall make available to CITY,at 2782.8,this paragraph shall apply in place of paragraphs A or B.To the fullest extent VENDOR's office and upon reasonable written request by CITY,the necessary computer permitted by law(including,but not limited to California Civil Code Sections 2782 and 2782.8) software and hardware for purposes of accessing,compiling,transferring,copying and/or VENDOR shall indemnify,defend and hold harmless CITY and its elected officials,officers, 3of12 4of12
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employees,volunteers and agents("City Indemnitees"),from and against all claims,damages, hired,non-owned or rented vehicles,in an amount not less than$1,000,000 combined injuries,losses,and expenses including costs,attorney fees,expert consultant and expert single limit for each accident. witness fees arising out of,pertaining to or relating to,the negligence,recklessness or willful 3. Workers'compensation insurance.VENDOR shall maintain Workers'Compensation misconduct of VENDOR,except to the extent caused by the sole negligence,active Insurance(Statutory Limits)and Employer's Liability Insurance(with limits of at least negligence or willful misconduct of CITY.Negligence,recklessness or willful misconduct of any $1,000,000),as required by law. subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR.In 4. VENDOR shall submit to CITY,along with the certificate of insurance,a Waiver of the event CITY Indemnitees are made a party to any action,lawsuit,or other adversarial Subrogation endorsement in favor of CITY,its officers,agents,employees,and proceeding arising from VENDOR's performance of this AGREEMENT,VENDOR shall volunteers. provide a defense to CITY Indemnitees or at CITY's option,reimburse CITY Indemnitees their 5. Errors and Omissions/Professional Liability.VENDOR shall maintain a policy of costs of defense,including reasonable legal fees,incurred in defense of such claims.In no professional liability insurance written on a claims-made basis in an amount not less event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR's than$1,000,000.VENDOR shall also procure and pay for appropriate tail coverage for proportionate percentage of fault.However,notwithstanding the previous sentence,in the a minimum of three years following completion of the Scope of Services to cover any event one or more defendants is unable to pay its share of defense costs due to bankruptcy or errors or omissions occurring during the Term.In the alternative,VENDOR may elect dissolution of the business,VENDOR shall meet and confer with other parties regarding to obtain equivalent coverage on an occurrence basis.CITY's Risk Manager or City unpaid defense costs. Attorney may waive the requirement of professional liability insurance if he/she D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph determines that such a policy is not commercially available to VENDOR.If such a A,B,or C.In the event of any dispute between VENDOR and CITY,as to whether liability policy is commercially available,additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. arises from the active negligence,sole negligence or willful misconduct of CITY or its officers, employees,or agents,VENDOR will be obligated to pay for CITY's defense until such time as B. Other provisions or requirements:
a final judgment has been entered adjudicating CITY as having been actively negligent,solely negligent or as having engaged in willful misconduct.Except as otherwise required by Civil 1. Proof of insurance.VENDOR shall provide certificates of insurance to CITY as Code Section 2782.8,VENDOR will not be entitled in the absence of such a determination to evidence of the insurance coverage required herein,along with a waiver of subrogation any reimbursement of defense costs including but not limited to attorney's fees,expert fees endorsement for workers'compensation.Insurance certificates and endorsements and costs of litigation.The provisions of this Section 13 shall survive completion of VENDOR's must be approved by CITY's Risk Manager prior to commencement of performance. services or the termination of this AGREEMENT. Current certification of insurance shall be kept on file with CITY at all times during the XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES term of this contract.CITY reserves the right to require complete,certified copies of all required insurance policies,including endorsements to such policies,at anytime.
No elected official,officer,employee,or agent of CITY will be personally liable to VENDOR,in the 2. Duration of coverage.VENDOR shall procure and maintain for the duration of the event of any default or breach by CITY or for any amount that may become due to VENDOR. AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by XV. INSURANCE VENDOR,its agents,representatives,employees,or subconsultants.
3. Primary/noncontributing.Coverage provided by VENDOR shall be primary and any A. Without limiting VENDOR's indemnification of CITY,and prior to commencement of the Scope insurance or self-insurance procured or maintained by CITY shall not be required to of Services,VENDOR shall obtain,provide and maintain at its own expense during the term of contribute with it.The limits of insurance required herein may be satisfied by a this AGREEMENT,policies of insurance of the type and amounts described below and in a combination of primary and umbrella or excess insurance.Any umbrella or excess form that is satisfactory to CITY. insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before
1. General liability insurance.VENDOR shall maintain commercial general liability CITY's own insurance or self-insurance shall be called upon to protect it as a named insurance with coverage at least as broad as Insurance Services Office(ISO)form CG insured. 00 01,in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate,for bodily injury,personal injury,and property damage.The policy must 4. CITY's rights of enforcement.In the event any policy of insurance required under this include contractual liability that has not been amended.Any endorsement restricting AGREEMENT does not comply with these specifications or is canceled and not standard ISO"insured contract"language will not be accepted. replaced,CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
2. Automobile liability insurance.If VENDOR owns vehicles used in performing the Scope CITY will withhold amounts sufficient to pay premium from VENDOR payments.In the of Services in any manner,VENDOR shall maintain automobile insurance at least as alternative,CITY may terminate this AGREEMENT as provided in paragraph IV. broad as Insurance Services Office(ISO)form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any 5. Acceptable insurers.All insurance policies shall be issued by an insurance company work to be performed under this AGREEMENT,including coverage for any owned, currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,with an 5of12 6of12
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assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VII against whom claim is made or suit is brought,except with respect to the insurer's (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless limits of liability.The policy(ies)shall not contain any cross-liability exclusions. otherwise approved by CITY's Risk Manager. 13. Pass-through clause.VENDOR agrees to ensure that its sub-consultants,sub-
6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this contractors,and any other party providing any work under the Scope of Services under AGREEMENT shall be endorsed to waive subrogation against CITY,its elected or the direction of VENDOR,provide the same minimum insurance coverage and appointed officials,agents,officers,employees,and volunteers or shall specifically endorsements required of VENDOR.VENDOR agrees to monitor and review all such allow VENDOR or others providing insurance evidence in compliance with these coverage and assumes all responsibility for ensuring that such coverage is provided in specifications to waive their right of recovery prior to a loss.VENDOR hereby waives conformity with the requirements of this section.VENDOR agrees that upon request, its own right of recovery against CITY,and shall require similar written express waivers all AGREEMENTS with consultants,subcontractors,and others engaged in performing and insurance clauses from each of its subconsultants. work under the Scope of Services will be submitted to CITY for review.
7. Enforcement of contract provisions(non-estoppel).VENDOR acknowledges and 14. CITY's right to revise specifications.CITY reserves the right at any time during the term agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- of the contract to change the amounts and types of insurance required by giving compliance with any requirement imposes no additional obligations on CITY nor does it VENDOR ninety(90)days'advance written notice of such change.If such change waive any rights hereunder. results in substantial additional cost to VENDOR,CITY and VENDOR may renegotiate
8. Requirements not limiting.Requirements of specific coverage features or limits VENDOR's compensation. contained in this Section are not intended as a limitation on coverage,limits or other 15. Self-insured retentions.Any self-insured retentions must be declared to and approved requirements,or a waiver of any coverage normally provided by any insurance. by CITY.CITY reserves the right to require that self-insured retentions be eliminated, Specific reference to a given coverage feature is for purposes of clarification only as it lowered,or replaced by a deductible.Self-insurance will not be considered to comply pertains to a given issue and is not intended by any party or insured to be all inclusive, with these specifications unless approved by CITY. or to the exclusion of other coverage,or a waiver of any type.If VENDOR maintains 16. Timely notice of claims.VENDOR shall give CITY prompt and timely notice of claims higher limits than the minimums shown above,CITY requires and shall be entitled to made or suits instituted that arise out of or result from VENDOR's performance under coverage for the higher limits maintained by VENDOR.Any available insurance this AGREEMENT,and that involve or may involve coverage under any of the required proceeds in excess of the specified minimum limits of insurance and coverage shall be liability policies. available to CITY.
9. Notice of cancellation.VENDOR agrees to oblige its insurance agent or broker and 17. Additional insurance.VENDOR shall also procure and maintain,at its own cost and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for expense,any additional kinds insurance,which in its own judgment may be nonpayment for which a ten(10)day notice is required)or nonrenewal of coverage for necessary for its proper protection and prosecution of the Scope of Services. each required coverage.In the event VENDOR's policy of insurance cannot be XVI. SUBCONTRACTORS endorsed to provide this notice of cancellation,VENDOR shall provide CITY notice of such cancellation,in writing,not later than 24 hours following the effective time of such Before VENDOR retains or hires a subcontractor to provide any work,labor,or services relative to this cancellation. AGREEMENT,VENDOR must:
10. Additional insured status.General liability policies shall provide or be endorsed to provide that CITY and its officers,officials,employees,and agents shall be additional A. Present the name and identifying information of the subcontractor that will provide any work, insureds under such policies.This provision shall also apply to any excess/umbrella labor,or services to CITY; liability policies.Each such insurance policy shall contain language substantially similar to the following clause: B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY's "The City of Pismo Beach,its elected and appointed officials,officers,employees, approval,which approval will not be unreasonably withheld.Such subcontract agreement must and agents are named as additional insureds as respects operations of the named include an indemnity agreement that is generally in accord with the indemnity obligations insured performed under contract with the City of Pismo Beach." contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party;and
CITY need not be named as an additional insured on professional liability insurance policies. C. Secure from the subcontractor evidence of insurance coverage that meets with this
11. Prohibition of undisclosed coverage limitations.None of the coverages required herein AGREEMENT including naming CITY as an additional insured as required by this will be in compliance with these requirements if they include any limiting endorsement AGREEMENT,unless such requirement is waived in writing by CITY's Risk Manager as of any kind that has not been first submitted to CITY and approved of in writing by provided in paragraph XXV below.
CITY's Risk Manager or City Attorney.
12. Separation of insureds.A severability of interests provision must apply for all additional insureds ensuring that VENDOR's insurance shall apply separately to each insured 7of12 8of12
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Attachment 2
XVII. CONFLICT OF INTEREST XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING No officer or employee of CITY may have any financial interest,direct or indirect,in this This AGREEMENT and all exhibits are binding on the heirs,successors,and assigns of the parties.
AGREEMENT,nor may any officer or employee participate in any decision relating to the The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the AGREEMENT that affects the officer or employee's financial interest or the financial interest of any prior written consent of the other. corporation,partnership,or association in which the officer or employee is directly or indirectly interested,in violation of any law,rule or regulation. XX. INTERPRETATION No person may offer,give,or agree to give any officer or employee or former officer or employee,nor The terms of this AGREEMENT shall be construed in accordance with the meaning of the language may any officer or employee solicit,demand,accept,or agree to accept from another person,a used and shall not be construed for or against either party by reason of the authorship of this gratuity or an offer of employment in connection with any decision,approval,disapproval, AGREEMENT or any other rule of construction that might otherwise apply. recommendation,preparation or any part of a program requirement or a purchase request,influencing the content of any specification or procurement standard,rendering of advice,investigation,auditing, XXI. SEVERABILITY or in any other advisory capacity in any way pertaining to any program requirement,contract or subcontract,or to any solicitation or proposal. If any part of this AGREEMENT is found to be in conflict with applicable laws,that part will be inoperative,null and void insofar as it is in conflict with any applicable laws,but the remainder of the XVIII. NOTICE AGREEMENT will remain in full force and effect.
All notices,requests,demands,or other communications under this AGREEMENT will be in writing. XXII. TIME OF ESSENCE Notice will be sufficiently given for all purposes as follows:
Time is of the essence in the performance of this AGREEMENT.
A. Personal delivery.When personally delivered to the recipient;notice is effective on delivery.
XXIII. GOVERNING LAW;JURISDICTION
B. First Class mail.When mailed first class to the last address of the recipient known to the party giving notice;notice is effective three mail delivery days after deposit in a United States Postal This AGREEMENT will be administered and interpreted under the laws of the State of California.
Service office or mailbox. Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County,or in the United States District Court for the Central District of C. Certified mail.When mailed certified mail,return receipt requested;notice is effective on California. receipt,if delivery is confirmed by a return receipt.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
D. Overnight delivery.When delivered by an overnight delivery service,charges prepaid or charged to the sender's account;notice is effective on delivery,if delivery is confirmed by the VENDOR will be knowledgeable of and will comply with all applicable federal,state,county and city delivery service. statutes,rules,regulations,ordinances and orders.VENDOR and its subcontractor(s)shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, E. Facsimile transmission.When sent by fax to the last fax number of the recipient known to the religion,national origin,color,age,sex,sexual orientation,AIDS,HIV status,disability,or any other party giving notice;notice is effective on receipt.Any notice given by fax will be deemed basis protected by state or federal law,and shall comply with applicable federal and state equal received on the next business day if it is received after 5:00 p.m.(recipient's time)or on a non- employment opportunity laws,ordinances,rules and regulations. business day.
XXV. WAIVER OF BREACH
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.A party's consent or approval of any act by F. Any correctly addressed notice that is refused,unclaimed,or undeliverable because of an act the other parry requiring the party's consent or approval will not be deemed to waive or render or omission of the party to be notified,will be deemed effective as of the first date the notice unnecessary the other party's consent to or approval of any subsequent act.Any waiver by either was refused,unclaimed or deemed undeliverable by the postal authorities,messenger or party of any default must be in writing and will not be a waiver of any other default concerning the overnight delivery service. same or any other provision of this AGREEMENT.
G. Either party may change its address or fax number by giving the other party notice of the XXVI. ATTORNEY'S FEES change in any manner permitted by this AGREEMENT.Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this Except as provided for in paragraph XV,in any dispute,litigation,arbitration,or other proceeding by AGREEMENT,and delivery to the last known address or fax number shall be deemed which one party either seeks to enforce its rights under this AGREEMENT(whether in contract,tort or sufficient for notice under this AGREEMENT. both)or seeks a declaration of any rights or obligations under this AGREEMENT,the prevailing party 9of12 10of12
Vendor Agreement(Rev.2/2/2018) Vendor Agreement(Rev.2/2/2018) Council Agenda 12-3-2024 9.F-11
Attachment 2
will be awarded reasonable attorney's fees,together with any costs and expenses,to resolve the CITY: VENDOR:
dispute and to enforce any judgment,including post judgment attorney's fees costs and expenses and City of Pismo Beach,a Municipal Corporation Michael K.Nunley&Associates,Inc. any attorneys'fees or costs incurred on appeal of any judgment.
Signed: Signed:
XXVII. EXHIBITS
Name:Mike James Name:
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference. Title:Assistant City Manager/Acting Public Works Title:
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit,the Director terms of this AGREEMENT shall control.Notwithstanding the foregoing sentence,the provisions of Dated: Dated:
Section XIII of this AGREEMENT shall not be altered,amended,limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT,even if such exhibit purports to Address for giving notice(See Section XVIII):
affect the provisions of Section XIII. Signed:
XXVIII.VENDOR'S AUTHORITY TO EXECUTE Name:Jorge E.Garcia Title:City Manager
The persons executing this AGREEMENT on behalf of the VENDOR warrant that: Dated: Email address for official communications:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; Address for giving notice(See Section XVIII):
C. by so executing this AGREEMENT,the VENDOR is formally bound to the provisions of this 760 Mattie Road,Pismo Beach,CA 93449 Vendor Representative(See Section Vill):
AGREEMENT;and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to ATTEST: Name/Title:
which the VENDOR is bound.
Signed:
XXIX. INTEGRATION;AMENDMENT
Name:Erica Inderlied
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters Title:City Clerk contained in it.No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT.The AGREEMENT may not be modified or altered except in writing APPROVED AS TO FORM:
signed by both parties.
Signed:
IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day and year last written below. Name:David M.Fleishman Title:City Attorney
Signatures begin on next page.
Attachments:
Exhibit A:Scope of Service
Exhibit B:Compensation Schedule
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Attachment 2
Exhibit A
4. Determine tank design preferences
■ OF
' ■ 5. Review seismic requirements,including tank height SCOO6. Identify preferences/requirements for landscaping and oak tree management
7. Identify preferences for chemical storage and delivery
8. Discuss City need for support with outreach or coordination with Grover Beach
9. Gain other feedback from City/stakeholders
Scope of Work Deliverables
•Workshop Agenda and Summary Technical Memorandum
1 TASK GROUP 100
Project Management and QA/QC,and Meetings Task 105-106 1 QA/QC and As-Needed Support Task 101 1 Project Management and Monthly Progress Reports MKN will provide senior technical review and implement our quality assurance and quality control(QA/QC) measures throughout the project.Additionally,MKN will be available to assist the City with as-directed project Overall project management,which includes supervision of in-house staff,planning and monitoring of contract support,such as environmental permitting project descriptions,public outreach materials,etc.We have budgeted budget and schedule,coordination with subconsultants,and coordination with the City.MKN's Project Manager up to 40 hours for as-needed support.We have not budgeted for graphical renderings of the proposed tank site, will review the status of budget,schedule,and relevant project issues with the City on a regular basis via email or but can provide this service for additional fee. phone.
Deliverables TASK GROUP 200
• Monthly Progress Report(via email) Preliminary Engineering Task 102-103 1 Project Kickoff and Meetings Task 201 1 Geotechnical Engineering MKN has included the following meetings as part of this scope of services: MKN's geotechnical subconsultant,Earth Systems(ES),will perform subsurface exploration at the project site.The Kickoff Meeting and Site Visit site is in a zone of moderate liquefaction potential,as mapped by the County of San Luis Obispo(2024).To address the potential for liquefaction and the suitability of the site for the proposed development,they propose to drill two Thirty
Progress Meetings(up to 18,30 minutes each) borings within the general tank areas to maximum depths of 24 feet and 50 feet below the existing ground surface.
Thirty Percent 0%) Design Review Meeting A eotechnical engineering report will be prepared that includes project site conditions for soil,bedrock,and • Sixty Percent(60%)Design Review Meeting g g g p p p p 1 Ninety Percent(90%)Design Review Meeting groundwater;site preparation;grading criteria;foundation recommendations;bearing capacities;seismic criteria; liquefaction potential;and drainage recommendations.
During the kickoff meeting,MKN and the City will discuss project requirements,preferences,and alternatives in Further details on Earth Systems'scope are provided in Appendix 1 of this proposal. order to develop an agenda for the Alternatives Workshop.In our experience,this approach is the most effective Deliverables approach to identifying subjects needing further discussion/development at the Alternatives Workshop.
Geotechnical Engineering Report
Deliverables
- Meeting Agendas/Meeting Minutes Task 202 1 Data Review MKN will review record drawings,topographic surveys,tank operation data,and permitting requirements provided by the City.
Deliverables
Task 104 1 Alternatives Workshop and Technical Memorandum • Data Request MKN understands that early communication and risk identification leads to cost-effective and successful projects. Task 203 1 Subsurface Utility Location(Potholing) Prior to project design,MKN will host a workshop with the City to discuss project details and to determine the MKN has included one day of potholing by our subcontractor(R.Baker)to positively locate onsite utilities.
City's preferred approach.The agenda for the workshop will be developed with the City at the kickoff meeting, making the most efficient use of time during the workshop.The benefit of this approach is that it will allow for critical design items to be resolved efficiently,prior to extensive design work.A Technical Memorandum will be prepared after the workshop to document decisions and to establish the agreed-upon design criteria.We anticipate the discussion will,at a minimum,include the following items:
1. Discuss construction phasing strategy(evaluate feasibility to temporarily meet storage requirements during construction to reduce construction duration and cost)
2. Establish preferences for control of Charles Street Reservoirs(altitude valves,SCADA,etc.)
3. Develop strategy to ensure future water quality resilience and public safety(nitrification and disinfection byproduct management solutions)
PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING Imk�� I PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING 11 l 1��� 2 SERVICES FOR THE CHARLES STREET RESERVOIR REPLACEMENT SERVICES FOR THE CHARLES STREET RESERVOIR REPLACEMENT Council Agenda 12-3-2024 9.F-13
Attachment 2
Exhibit B
TASK GROUP 300
Design Phase Services FEE PROPOSAL
Task 301-304 1 Preparation of 30%,60%,90%and 100%Construction Documents Following the Project Kickoff Meeting,MKN will proceed with preparation of plans and specifications for the construction of the replacement tanks,piping,impressed current cathodic protection system,chemical monitoring and chlorine boosting station,landscaping plans,and appurtenances.MKN will provide construction plans for MKN has reviewed the City's standard agreement and will be able to execute the agreement.Consultant City input and review at the 30%completion level.Construction documents including tank,chemical building,and compensation shall be on a"fixed fee,not to exceed basis:' landscape plans,technical specifications,and engineer's opinion of probable construction cost will be provided for Below is a copy of MKN's billing rate schedule.
City input and review at the 60%,90%,and 100%completion levels.Anticipated plan sheets include:
Sheet No. • • Description m ki 2025 FEE SCHEDULE 1-2 TITLE SHEET AND NOTES CATEGORY _'9-______PMITION HOURLY RATE 3 SURVEY DATA
Communications Administrative Assistant $113
4-6 DEMOLITION PLAN,GRADING PLAN,SITE PLAN and Strategic Communications Coordinator $121 7-12 TANK PLANS,SECTIONS AND DETAILS Administrative Strategic Communications Specialist $147 12-14 CHEMICAL BUILDING LAYOUT AND DETAILS CAD Technician $137 Designers and CAD Design Technician ll $158
15-19 STRUCTURAL Technicians
Senior Designer $176
20-26 ELECTRICAL Assistant Planner l $134 27-29 LANDSCAPE PLAN Assistant Planner II $150 Deliverables Planning GIS Specialist $173 Planner 1 $194
Construction plans at 30%,60%,90%,and 100%in electronic(PDF)format Planner II $205 Construction specifications at 60%,90%,and 100%in electronic(PDF)format Senior Planner $215 Cost opinions at 60%,90%,and 100%in electronic(PDF)format Engineering Technician $103 CAD drawings at 100% Assistant Engineer 1 $140 Assumptions Assistant Engineer 11 $160 Project Engineer) $189
City standard front-end documents will be incorporated into the contract documents. Engineers Project Engineer 11 $205 No additional survey 15 required. Senior Engineer 1 $221 City standard details will be incorporated where relevant. Senior Engineer 11 $231 City will provide one consolidated set of comments on progress submittals. Senior Engineer 111 $247 Principal Engineer $257
Project Manager $231
Project Senior Project Manager $267
Management Project Director $289
Senior Project Director $308
Scheduler $179
***Construction Inspector $200
Construction Assistant Resident Engineer $200
Management
Services Resident Engineer $212
Construction Manager $231
Principal Construction Manager $272
The foregoing Billing Rate Schedule is effective through December 31,2025 and will be adjusted each year after at a rate of 2 to 5%.
DIRECT PROJECT EXPENSES
Outside Reproduction Cost+10%
Subcontracted or Subconsultant Services Cost+10%
Travel&Subsistence(other than mileage( Cost
Auto Mileage Current IRS Rate
PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING Imk�� a PROPOSAL FOR THE CITY OF PISMO BEACH FOR DESIGN AND ENGINEERING SERVICES Mkil I SERVICES FOR THE CHARLES STREET RESERVOIR RE PLACEMENT FOR THE CHARLES STREET RESERVOIR REPLACEMENT Council Agenda 12-3-2024 9.F-14
Attachment 2
COST PROPOSAL
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Council Agenda 12-3-2024 9.F-15