Agenda Item No. 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services /City Engineer Landon Kern, Assistant City Engineer Lk'
FOR: City Council Meeting of February 14, 2022
SUBJECT: Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project, Project No. 10728 —Engineering Design Services
RECOMMENDATION:
That City Council:
1. Approve and authorize the City Manager to execute Amendment No. 5 to the Agreement with Stantec Consulting Services Inc. (Stantec) in the not -to -exceed amount of $98,800 for additional work required to complete the engineering design for the Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project; and
2. Authorize an additional amount of $5,000 for project administration and staff time for a total revised engineering design budget in the amount of $103,800; and
3. Authorize the City Manager or his designee to administer the terms of the amended Agreement; and
4. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications for Professional Environmental Services; and
5. Approve and authorize the City Manager to execute an Agreement for Professional Environmental Services with Michael Baker International in the not -to -exceed amount of $16,365 for regulatory permit processing for the Pendleton Avenue at Oak Glen Road Low Water Crossing Project.
BACKGROUND:
The Pendleton Avenue at Oak Glen Creek Low Water Replacement Project (Project) includes the construction of a box culvert bridge to accomodate Oak Glen Creek and elevating the roadway over the creek. The Project includes street improvements such as curb, gutter and sidewalk along with minor street drainage improvements. In addition, the Project includes channel improvements along Oak Glen Creek downstream and upstream of the proposed box culvert, in addition to proposed flood control improvements upstream of Pendleton Avenue. The -92-
City Council Meeting of February 14, 2022
Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project, Project No. 10728 — Engineering Design Services
flood control improvements include the construction of a debris basin, a detention/groundwater recharge basin, concrete transition structures, and channel grading to direct storm flows through the box culvert bridge. The proposed Project will also include the vertical and horizontal realignment of Pendleton Avenue at the bridge approaches to accommodate the elevated roadway. Finally, the overall project includes realignment and relocation of the Pendleton Road and Oak Glen Rd intersection to improve sight distance and overall traffic safety at that intersection.
On November 8, 2010, City Council approved a professional services agreement for engineering design (Agreement) with Stantec Engineering (Stantec) for the engineering design required for the Project. On September 29, 2011, staff approved Amendment No. 1 to the Agreement with Stantec to provide engineering services for the additional design of the flood control improvements upstream of the Project. The need for this additional effort was recognized during the design process to reduce the risk of flooding to adjacent properties upstream of the Project.
The additional work would also provide the majority of the mass grading required for the future Pendleton Basin identified in the City's Master Plan of Drainage (MPD) Update adopted by Council in September of 2011 and the roadway embankment fill required for the elevated roadway.
In December of 2014, City Council approved Amendment No. 2 to the Agreement with Stantec which included a detailed drainage analysis of the proposed detention basin upstream of the Project.
On May 27, 2015, City Council authorized staff to proceed with the right-of-way acquisition necessary for the Project and authorized the City Manager to execute the necessary documents to complete the acquisition process.
On December 9, 2015 staff approved Amendment No. 3 to the Agreement with Stantec which revised the basin grading plan to minimize the amount of import fill material required for the elevated roadway. This additional work was necessary to obtain a balanced grading site and ultimately reduce the overall construction cost of the Project by reducing the cost of importing fill material. The cost of the additional work was within the original contract contingency amount approved by City Council.
On February 12, 2018 City Council approved Amendment No. 4 to the Agreement with Stantec in the not -to -exceed amount of $15,000 for additional design work required to accommodate revisions to the Project footprint based on right-of-way acquisition of property adjacent to the Project.
The plans were finalized in 2018 and a Request for Authorization (RFA) to proceed with construction was submitted to Caltrans Local Assistance (Caltrans) as part of the Highway Bridge Program (HBP) Grant process. Upon review of the RFA, Caltrans determined that some of the design components which had been previously approved in concept plans were not considered reimbursable through the HBP grant. Without a fully reimbursable design, the City would need to fund the costs for construction of any of the components that Caltrans deemed not -93-
City Council Meeting of February 14, 2022
Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project, Project No. 10728 — Engineering Design Services
reimbursable. Caltrans and the City conducted several meetings which resulted in a list of items that would need additional analysis to justify their necessity to the design of the Project. Should Caltrans agree with the analysis, the construction of those items would then be reimbursable.
DISCUSSION
Staff requested a proposal from Stantec to provide the additional engineering design services to address the request from Caltrans. The proposal provided is in the amount of $98,800. Staff is recommending Council approve Amendment No. 5 to the Agreement with Stantec Consulting Services Inc. (Stantec) in the not -to -exceed amount of $98,800 for additional work required to complete the engineering design for the Project.
As part of the environmental review process for the Project, the City was required to obtain permits from regulatory agencies, including United States Army Corp of Engineers (USACE), California Fish and Wildlife, and the Santa Ana Regional Water Quality Control Board (Water Board). These permits were obtained in 2018 and are currently expected to expire in March of this year. With this deadline likely occurring before Caltrans is able to review the Project analysis and approve the RFA, staff is recommending that City Council award a contract to Michael Baker International (MBI) in the amount of $16,365 to provide regulatory permit processing for the Project. The tasks associated with the proposed award of contract includes optional work for extending the USACE permit. This optional work is dependent upon the results of the request of extension from the USACE. The current USACE permit for the Project qualified for a non -notifying authorization. If it is determined that project no longer qualifies for a non -notifying authorization, a preconstruction notification application will be prepared and submitted to the USACE. If required, the cost of the preconstruction notification is in the amount of $9,270.
The environmental specialist at MBI completed the original permitting processes for the Project.
Staff feels that MBI is uniquely qualified to complete the work based on their past performance and submits that asking for additional proposals from other environmental review firms to complete these Professional Services will not be cost effective. As a result, staff recommends City Council find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications, and award the Professional Environmental Services contract to Michael Baker International.
FISCAL IMPACT:
The table below includes the estimated costs and the available funding for the Project:
Estimated Costs
Design
Design/Engineering Design Contract (Stantec)
$95,141
Amendment No. 1
3,011
Amendment No. 2
29,400
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City Council Meeting of February 14, 2022
Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project, Project No. 10728 — Engineering Design Services
Amendment No. 3 (Design Contract Contingency)
7,000
Amendment No. 4
15,000
Amendment No. 5 (1)
98,800
Design Contract Administration/Staff Time
15,360
Additional Design Contract Administration
5,000
Total Estimated Design Cost
$268,712
Environmental Review
Environmental Review Contract (Webb)
$36,500
Amendment No. 1
1,750
Amendment No. 2
10,571
Environmental Review Contract (Michael Baker International) 16,365
Environmental Review Contract Admin/Staff Time/Coordination 7,000
Total Estimated Environmental Review Costs
$72,386
Total Estimated Design and Environmental Review Cost
$341,098
Right-of-way Acquisition
Right-of-way Appraisal/Legal Fees
$25,000
Right-of-way Engineering/Staff Time/Administration & Coordination 50,000
Right-of-way Acquisition (1)
639,000
Closing/Misc. Cost for Purchase & Sale Agreements
38,000
Total Estimated Right-of-way Costs to Date
$752,000
Estimated Property Resale Value
$188 200
Total Estimated Right -of -Way Costs for the overall Project $563,800
Total Proposed Estimated Costs to Date (Design/Env/R/W) $904,898
Available Funding
Drainage Facilities Fee (DFF)
$298,000
Pavement Management Program (PMP)
1,015,000
Highway Bridge Program (HBP) Grant (Preliminary Engineering) 286,837
Highway Bridge Program (HBP) Grant (Additional Preliminary Engineering) (2)
86,759
Highway Bridge Program (HBP) Grant(3)
7,593,404
Total Available Funding
$ 9,280,000
(1) Includes the proposed recommendations included as part of this Council action (2) Additional HBP Grant funding approved by Caltrans in November 2021 for additional preliminary engineering. -95-
City Council Meeting of February 14, 2022
Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project, Project No. 10728 — Engineering Design Services
(3) Total HBP funding for construction pending Caltrans approval The FY 2021-2022 Capital Improvement Program (CIP) identifies a total in the amount of $9,280,000 in funding for the Project. This funding is comprised of DFF funds in the amount of $298,000, Pavement Management Program funds in the amount of $1,015,000 and Federal Highway Bridge Program funds in the amount of $7,967,000 88.53% of the total design, environmental review and construction costs for the Project are eligible for reimbursement from the HBP. The remaining 11.47% of the costs are the responsibility of the City and will be funded by DFF and PMP funds as the local match components of the HBP grant funding. It is important to note, right-of-way acquisition costs are not eligible for reimbursement from the HBP.
Consequently, there is sufficient funding to support staff recommendations.
Attachments: Project Site Plan
Stantec Consulting Services Inc. Amendment No. 5 and Proposal Michael Baker International Professional Services Agreement A roved b :
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PROJECT SITE PLAN
Existing Pendleton
Proposed Pendleton Road Alignment
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AMENDMENT NO. 5 TO "AGREEMENT WITH CITY OF YUCAIPA TO
PROVIDE CIVIL ENGINEERING SERVICES FOR THE DESIGN AND
SPECIFICATIONS OF DRAINAGE AND STREET IMPROVEMENTS FOR
LOW WATER CROSSING REPLACEMENT AT PENDLETON AVENUE AND
OAK GLEN CREEK"
THIS AMENDMENT, made and entered into this 14th day of February, 2022, by and between Stantec Consulting Services Inc., hereinafter called "CONSULTANT," and City of Yucaipa, a municipal corporation, hereinafter called "City,"
NOW, THEREFORE, CONSULTANT and CITY mutually agree as follows:
Subject to the terms and conditions of the original agreement dated November 8, 2010, between subject CONSULTANT and the City of Yucaipa, Amendment No. 1 to original agreement dated September 291, 2011, and Amendment No. 2 to the original agreement dated December 8h, 2014, and Amendment No. 3 to the original agreement dated December 9', 2015, and Amendment No. 4 to the original agreement dated February 12, 2018, and Amendment No. 5 shall be as follows for the additional contract design services.
Original Agreement Amount $95,141
Amendment No. 1 $19,600
Deduct Remaining Easement Works $(9,746)
Deduct Dry Utility Research $(7,113)
Amendment No. 2 $29,400
Amendment No. 3 $7,000 (Contract Contingency)
Amendment No. 4 $15,000
Amendment No. 5 $98,000
Revised Agreement Amount $247,552
CITY Fee and Payment Thereof
The CITY will pay the CONSULTANT for services rendered in the total amount NOT TO EXCEED $98,000 for the additional work required to complete the engineering design for the Pendleton Avenue at Oak Glen Creek Low Water Crossing Replacement Project as indicated on Consultants proposal dated August 20, 2020 (attached).
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 14th day of February, 2022.
Stantec Consulting Services Inc. City of Yucaipa
Date Authorized Agent for City Date
M.
Stantec Consulting Services Inc.
® Stantec 735 EastCarnegie Drive Suite 280, San Bernardino CA 92408-3588 August 20, 2020
File: 2042481600
Attention: Mr. Mike Seal
Associate Engineer /Special Projects & Maintenance Engineer City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Via Email to: Mike Seal
Dear Mike,
Reference: Pendleton Low Flow Crossing— Revised Contract Amendment 7 Request Enclosed foryour review is Stantec's contract amendment request for the Pendleton Avenue Low Flow Water Crossing. This request has been prepared at your request to address Caltrans' request for additional value engineering related to (1) hydraulic assumptions and analysis; (2) roadway alignment; and (3) HBP participating cost limits.
The proposed scope of work and estimated fee are attached hereto as Exhibit "A" and Exhibit "B". Stantec's 2020 Schedule of Billing Rates is also attached as Exhibit "C".
All services performed under this authorization shall be in accordance with the terms and conditions of the original contract unless otherwise noted.
We welcome the opportunityto further discuss the information attached hereto. Please feel free to call me with any questions or comments.
Regards,
Stantec Consulting Services Inc.
Ned Araujo PE
Senior Project Manager
Phone: (909) 289-7824
[email protected]
l
Derek Rapp TE
Principal
Phone: (805) 770-0205
[email protected]
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August 20, 2020
Mr. Mike Seal
Reference: Pendleton LowFlow Crossing— Revised Contract Amendment 7 Request EXHIBIT "A"
PROJECT UNDERSTANDING
The City of Yucaipa has been working with Caltrans for over 10 years on a HBPP-funded Pendleton Avenue Low Water Crossing Replacement Project (Project) to replace an existing summer crossing of Oak Glen Creek with a bridge. The project is also intended to address the City's road safety and watershed management goals. The existing terrain presents some challenges to meeting these goals in a way that satisfy the requirements of HBPP funding. As such, after many years working with Caltrans District Local Assistance Engineer towards a HBPP-qualified project, Caltrans Headquarters has indicated that aspects of the project, as proposed, would notqualifyfor funding. They have requested that the City value engineerthe project, examining the following areas:
1. Hydraulic assumptions and analysis — currently high flows will break out onto Oak Glen Road, never making it to the proposed bridge location. Caltrans requests that the bridge be designed to existing conditions, while the City is designing for future conditions when master -planned drainage improvements will contain these flows within its banks.
2. Roadway alignment — The proposed freeboard of the bridge exceeds what is required, leading Caltrans to questions whetherthe vertical alignment can be changed to reduce grading and span of bridge.
3. HBP participating cost limits- Caltrans states that 200 feet of approach roadways maybe funded by HBPP, while Chapter 6 of the Local Assistance Procedures Manual (LAPM) indicates up to 400 feet of approach roadways may be funded.
The City and Caltrans have agreed that the HBPP will fund additional efforts to study and resolve these items to define a HBPP-eligible project that meets the City's purpose and need for the project.
SCOPE OF WORK
1. Hold conference call(s) with City to understand their objectives, measures of success, minimum expectations, total project budget and funding sources for the project.
2. Review Chapter 6 of the LAPM to confirm rules surrounding the HBP funding for this project.
3. Review agency/State agreement concerning this project.
4. Review Project Environmental Document.
5. Prepare responses to comments from Structure Local Assistance (SLA) and Structures Maintenance and Investigations (SMI) Hydraulics and Structure Hydraulics, regarding:
• Hydraulic modeling approach and methodology
• Required hydraulic capacity of bridge
• Roadway approach and bridge geometrics
• Environmental constraints
• Cost Estimate format and clarifications.
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August 20, 2020
Mr. Mike Seal
Reference: Pendleton Low Flow Crossing— Revised Contract Amendme nt 7 Request
6. Review Caltrans' responses and schedule conference call with City and Caltrans to define agreed- upon project approach and deliverables required by Caltransto secure HBPPfunding. Thiswill likely involve an iterative design process that includes (assume three (3) rounds of design review):
• Revisions to hydraulic modeling of Oak Glen Creek
• Revisions to approach roadway horizontal and vertical alignments. • Revisions to bridge abutments, span and alignment due to changes in inundation area and approach alignment(s).
• Confirmation of conformance with existing environmental document. • Revisions to cost estimate quantities and format.
• Conference calls with City and Caltrans to clarify comments/concerns and determine approach to move forward.
Deliverables & Schedule:
1. Stantec has assembled the team to perform this task.
2. Stantec anticipates a 9 -week effort once this change order is authorized and upon receipt of Purchase Order and/or authorization to proceed from City.
Assumptions & Exclusions:
Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
1. Changes to the project that would trigger anew or amended environmental document will not be considered.
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August 20, 2020
Mr. Mike Seal
Reference: Pendleton LowFlow Crossing— RevisedContract Amendment 7 Request EXHIBIT "B"
Fee Summary
DESCRIPTION
Total
City/Caltrans Coordination
$
6,600.00
Project Research LAPM, Agreements, Env. Doc, etc.
$
5,800.00
Prepare responses to comments from SLA & SMI
$
9,400.00
Design Alternative Development
$
77,000.00
Total $ 98,800.00
Stantec proposes to provide the services outlined in the Scope of Services on a time and materials basis in accordance with the project's Fee Schedule. The tabulation above of estimated fees on a task -by -task basis is provided for your information and is intended to demonstrate how the subtotal and total fees are calculated. Given the dynamic nature of this project, budget amounts may fluctuate between tasks. Contract budgets and billing will account for and reflect subtotal and total amounts only and will include time already spent on these tasks.
Should the time and materials budget be exceeded for a subtotal amount, work will be suspended until Client and Stantec resolve outstanding work and contract amounts.
The estimated budget is a maximum for the work proposed based on the direction and information provided by your office. Work performed will be billed monthly on a percent complete of the fixed fee amount and/or a time -and -materials basis, depending on the contract line item and is due and payable thirty (30) days from receipt of invoice. Retention shall not be withheld from payment.
All extra work shall be performed on a time -and -materials basis per the standard Fee Schedule attached. Stantec has the right to adjust the contract fee terms and remaining balances based on yearly adjustments made to Stantec's specific division's fee schedule.
This change order and fee summary are valid for 90 days from the date of preparation. If a contract is not executed within this time frame, Stantec has the right to adjust the scope of services and/or fee summary based on changes in project direction, new information provided to our office, or an adjustment made to Stantec's specific division's fee schedule. Should the Project be put on hold by the Client orAgency, Stantec will have the right to review the contract fee summary and make appropriate revisions.
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August20,2020
Mr. Mike Seal
Reference: Pendleton LowFlow Crossing— Revised Contract Amendment 7 Request EXHIBIT "C"
SCHEDULE OF BILLING RATES — 2020
(3 Stantec
Billing
Hourly
Description
Level
Rate
Junior level position
3 $108
Z Independently carries out assignments of lirrlted scope using standard procedures. methods and 4 $113
techniques
Q Assists senior staff in carrying out more advanced procedures 5 $128
D Completed work is reviewed for feasibility and soundness of judgment 7 Graduate from an appropriate post secondary program or equivalent 7 Generally, one to three years' experience
Fully Qualified Professional Position
6 $132
Z Carries out assignments requiring general famikaritty within a broad field of the respective profession 7 $143
Z Makes decisions by using a combination of standard methods and techniques 7 Actively participates in planning to ensure the achievement of objectives 8 $149
7 Works independently to interpret information and resolve difficulties 7 Graduate from on appropriate post secondary program, with credentials or equivalent 7 Generally, three to six years' experience
Fust Level Supervisor or first complete level of Specialization 9 $159
0 Provides applied professional knowledge and irafiaive inlanni p >'g and coordinating work programs
10 $165
7 Adapts established guidelines as necessary to address unusual issues 7 Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of 11 $176
judgment
7 Graduate from on appropriate postsecondary program, with credentials or equivalent 7 Generally, five to nine years' experience
Highly Specialized Technical Professional or Supervisor of groups of professionals 7 Provides mufti -discipline knowledge to deliver innovaliive solutions in related field of expertise 12 $185
Participates in short and long range planning to ensure the achievement of objectives 13 $193
D Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
14 $209
Z Reviews and evaluates technical work
7 Graduate from an appropriate post -secondary program, with credentials or equivalent D Generally, ten to fifteen ears' experience with extensive, broad experience Senior level Consultant or Management
7 Recognized as an authority in a specific field with qualifications of significant value 15 $219
7 Provides mufti -discipline knowledge to deliver innovative sohrtiors in related field of expertise 7 Independently conceives programs and probScros for investigation 16 $234
7 Participates in discussions to ensure the achievement of program and/or project objectives 17 $242
7 Makes responsible decisions on expenditures, incl uding large sums or implementation of major programs and/or projects
7 Graduate from an appropriate post .econdary program, with credentials or equivalent 7 Generally, more than twelve years' experience with extereive experience Senior level Management under review by Vice President or higher 18 $244
D Recognized as on authority in a speefc field with qualifications of significant value 7 Responsible for long range planning within a specific area of practice or region 19 $253
Z Makes decisions which are for reaching and limited only by objectives and policies of the organization 20 $263
M Plans/approves projects requiring sagrificant human resources or capital investment 7 Graduate from on appropriate post -secondary program. with credentials or equivalent $279
D Generally, fifteen years' experience with extensive professional and management experience Crew Size Regular Rate Overtime Rate
Survey Crews
1 -Person 5190 $230
2 -Person 5255 $390
3 -Person 5385 $525
Expert Witness Services carry a 50% premium on lobos_ Ove fire wit be charged at 1.5 tames the standard billing rate_ All labor rates will be subject to annual increase.
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CITYOF
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CITY OF YUCAIPA
34272 YUCAIPA BLVD.
YUCAIPA, CA 92399
(909) 797-2489 PHONE
(909) 797-9203 FAX
AGREEMENT FOR PROFESSIONAL SERVICES
PROVIDING REGULATORY PERMITTING SERVICES FOR THE PENDLETON AT OAK GLEN CREEK LOW WATER CROSSING REPLACEMENT PROJECT.
PROJECT NO. 10728
On this 14th day of February 2022, the City of Yucaipa, a Municipal Corporation, hereinafter referred to as City, and Michael Baker International hereinafter referred to as Consultant, hereby mutually agree as follows:
I. Scope of Agreement
A. Engagement of Consultant
The City hereby engages the Consultant in accordance with the terms of this Agreement to perform the consultant services set forth in Section III in connection with the Professional Services for providing regulatory permitting for the Pendleton at Oak Glen Creek Low Water Crossing Replacement Project.
B. Agreement Documents
The complete Agreement includes all the Agreement documents including, but not limited to, the Consultant's "Technical and Cost Proposal" Exhibit "A" hereto, this Agreement and all other documents, texts and other items incorporated by reference in any of the herein -above-named Agreement documents. The specific terms and conditions of this Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in the aforementioned Agreement documents and shall be controlling in questions of interpretation.
C. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.
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City of Yucaipa
D. Standard of Performance
The Consultant agrees to perform professional services required by this Agreement in a professional and competent manner consistent with accepted professional standards.
All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of professional care to be expected of competent professionals in Consultant's field of expertise.
Consultant represents that it has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and acknowledges that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.
Acceptance by City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed.
It is further understood and agreed that Consultant is apprised of the scope of work to be performed under this Agreement and Consultant agrees that the work can and shall be performed in a fully competent manner.
Il. Commencement of Work
The Consultant shall commence work under this Agreement on the date specified in a `Notice to Proceed' issued by the City.
A. Term of Agreement
The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City, or until the earlier termination of the agreement pursuant to section XIV.
B. Failure to Perform
Failure of the Consultant to commence the work within the time allowed may result in the Agreement being terminated by the City.
C. Compliance with Laws
In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, the Municipal Code and Ordinances of City. Consultant warrants that all work done under this Agreement will be in strict compliance with all applicable safety rules, laws, statutes, ordinances, regulations, and practices.
M. Scope of Work
Consultant shall timely perform the services and tasks set in the "Scope of Work" section of the Consultant's project proposal (Exhibit "A" attached hereto) for the
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- City of Yucaipa
Professional Services of providing regulatory permitting for the Pendleton at Oak Glen Creek Low Water Crossing Replacement Project. Project No. 10728. No change from this scope of work shall be made unless authorized in writing by the City's designated representative.
IV. Independent Consultant
The performance of Consultant's services hereunder shall be in the capacity of an independent Consultant and not as an officer, agent, or employee of City. In consideration for the compensation paid to Consultant by City, Consultant agrees that City shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits for Consultant, its officers, employees, agents, Consultants or subcontractors, and Consultant agrees that it shall not sue or file a claim, petition or application therefore against City or any of its officers, employees, agents, representatives or sureties, and shall defend and indemnify City from all claims, causes of action, liability and damages arising therefrom.
V. Interest of Consultant
Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant may be a designated employee within the meaning of the Political Reform Act, and, if so, notified by the City, will comply with all reporting and requirements of the City with respect to Consultant's financial interests.
VI. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement, without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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City of Yucaipa
VII. License
Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature, which are legally required of Consultant and its sub -consultants to practice their profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any license, permits, insurance and approvals which are legally required of Consultant to practice its profession.
Consultant shall obtain and maintain a City Business License during the performance of this Agreement.
VIII. Failure to Perform Work
If Consultant should be adjudged bankrupt or should make a general assignment for the benefit of creditors; if a receiver should be appointed on account of insolvency of Consultant; if Consultant should refuse or should fail, except in cases for which an extension of time is provided specifically by City to supply adequate properly skilled workers or proper materials to perform its obligations under this Agreement within the time herein required, in a good work manner; or if Consultant should fail to make prompt payment to subcontractors, or for material or labor, or disregard laws, ordinances or the instructions of City or its duly authorized engineers, inspectors or representatives, or otherwise violate any provision of this Agreement; then City, upon the certification of its designated representatives that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving Consultant five (5) days written notice, terminate this Agreement and finish the work by whatever methods it may deem appropriate and expedient. In such case, Consultant shall not be entitled to receive any further payment except for such work as City deems had been satisfactorily completed prior to termination.
IX. Assignment and Subcontracting
The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
X. Ownership of Work Product
It is understood by and agreed between the parties that all documents, records, drawings,
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designs, specifications, computer programs, written materials, notes, plans, and other materials produced or prepared by Consultant pursuant to this Agreement shall become and are the property of City and shall be delivered to City immediately upon completion of the services provided for herein, or upon termination of this Agreement.
Consultant shall submit all such documents and records in both hard copy and electronic data formats.
The City will not under any circumstances cause or allow the use of any electronic engineering and surveying data received from Consultant for the purpose of performing land surveying and/or civil engineering as defined in California Business and Professions Code Sections 8736 and 6731.1 respectively, whether following termination or suspension of this Agreement or otherwise, by any person or company that is not a duly licensed and qualified Civil Engineer and/or Land Surveyor in the State of California. In addition, such electronic engineering and surveying data is not being prepared by Consultant for the purpose of being used in, or in connection with, any type of GPS - guided grading equipment, and City agrees not to cause or allow such use on the project except by a duly licensed and qualified Civil Engineer and/or Land Surveyor Disputed/Unauthorized Work
XI. Disputed Work
In any case where the Consultant deems extra compensation is due for work or services not clearly covered in this Agreement, or not ordered in writing by the City as extra services, the Consultant shall immediately notify the City in writing of its intention to make claim for such extra compensation before the Consultant begins the work on which the Consultant bases the claim.
If such notification is not given, and/or if the City is not afforded an opportunity to negotiate the appropriate fee for such extra services, the Consultant is deemed to have agreed to waive the claim for such extra compensation.
Such notice by the Consultant to the City shall not in any way be construed as proving the validity of the claim. The claim must be approved, in writing, by the City.
Work done in the absence of or without the knowledge of the City or any work done without written authority from the City, will be considered as unauthorized and at the expense of the Consultant, and will not be paid for by the City.
Should any dispute arise respecting the value of any work omitted or of any work which Consultant may be required to do or respecting the amount of any payment to Consultant during the performance of the Agreement, the dispute shall be decided by the City Engineer of City, subject to the final approval of the City Council.
XII. The City's Responsibilities
A. Budget Limitations
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The City shall provide full information as to the requirements of the project, including budget limitations and scheduling.
B. Legal Services
The City shall furnish legal advice and services required for the project.
C. Administrative Procedures
The City shall notify the Consultant of administrative procedures required and shall specify, in writing, representatives, if any, authorized to act in its behalf. The City shall review documents submitted by the Consultant and shall promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the project.
The Consultant shall observe the procedure of issuing any orders to Consultants only through the City. Nothing herein contained shall be construed as a delegation by the City of its powers of inspection under all applicable codes, laws, and ordinances nor of its power to enforce compliance with the same.
D. Representative
The City shall designate a representative authorized to act on the City's behalf with respect to the Project.
The designated representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services.
XIII. Consultant's Compensation
A. Basic Service
The Consultant will perform these services for a not to exceed amount of $16,365.00.
Compensation for services performed and shall be in accordance with Consultant's "Cost Proposal" included in Exhibit `A' and as specified in Section III of this agreement. Any work considered to be outside of the scope contained herein will be accomplished as "Extra Work" on a Time and Materials basis in accordance with the "Cost Proposal."
If the scope of services is adjusted, additional fees may be negotiated, in writing, and in accordance with this Agreement.
B. Method of Payment
Consultant will complete the work outlined herein and invoice City monthly on a percentage of completion basis in accordance with the Schedule of Fees. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by
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whom, and a description of any reimbursable expenditure. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City Staff.
When payments made by the City equal ninety percent (90%) of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
C. Limitation
No payment for any work performed by the Consultant shall exceed the limits established in foregoing provisions of this Agreement.
D. Extra Work
At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
XIV. Termination of Agreement
A. Termination
This Agreement may be terminated by either party upon written notice to the other party, in the event of a substantial failure of performance by such other party, or if the City should decide to abandon or indefinitely postpone the project.
Upon termination, all materials, documents, and work product produced pursuant to this Agreement by or for Consultant and/or in Consultant's possession, including, but not limited to, the drawings, calculations, and specifications which include hard copies, tapes, drawings, diskettes, and electronic medium (the "Plans") shall immediately become the property of the City.
B. Payment Upon Termination
In the event of such termination the City shall pay to the Consultant as full payment for all services performed that amount which has been previously approved and actually incurred by Consultant at the time of termination, which amount shall not exceed the reasonable value of the work completed according to the schedule established pursuant herein.
XV. Insurance
The Consultant shall procure and maintain, for the duration of the 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 Consultant, its agents, representatives, employees, or subcontractors.
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Minimum Scope of Insurance
Consultant shall provide insurance in scope, amounts and coverages as required by City, including, but not limited to, the following:
A. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001)
B. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto)
C. Worker's Compensation insurance as required by the State of California and Employers' Liability Insurance
D. Errors and Omissions liability insurance appropriate to the consultant's profession.
Architects' and engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
B. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
C. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Self -Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The
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policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Deductibles and Self -Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City.
At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention that pertain to the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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XIX. Indemnification Consultant's Responsibility
A. Indemnity for Design Professional Services.
Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant's indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault.
B. Other Indemnities
In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section XIX.A, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the negligent acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section XIX.B shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees."
XX. Work Performance
All work shall be conducted and completed in accordance with all current, applicable state and federal laws, including, but not limited to Labor Code Sections 1770 et seq. where applicable; local laws, ordinances and regulations; and all maps, plans and specifications on file with city. Where any such construction/design has been partially completed prior to this Agreement, consultant agrees to complete them in accordance with this paragraph.
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XXI. Worker's Compensation
By executing this Agreement, the Consultant hereby certifies that he/she is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Agreement.
XXII. Audit
Consultant shall allow City to inspect its records with respect to services performed pursuant to this Agreement, upon giving reasonable notice. Consultant shall maintain any books, records, or other documents relating to the work performed for period of at least (3) years from the completion of the services performed pursuant to this Agreement.
XXM. Default
In the event that any of the provisions of this Agreement are violated by Consultant or by any approved subcontractor under any subcontract on the Project, City may terminate this Agreement by serving written notice on Consultant of its intention to terminate and, unless within five (5) days after the serving of such notice such violation shall cease, this Agreement shall terminate. As to violations of the provisions of this Agreement, which cannot be remedied or corrected within five (5) days, this Agreement shall, at the option of City, cease and terminate upon the giving of such notice.
In the event of any such termination for any of the reasons above-mentioned, City may take over the work in progress and prosecute the same to completion by contract or otherwise on the account and at the expense of Consultant; Consultant shall be liable to City for any excess cost incurred in the event of any such termination; and City may take possession of and utilize such materials and appliances as may be on the site of work and necessary in completing the work.
This clause shall not be construed to prevent the termination of this Agreement by City pursuant to other provisions of this Agreement.
XXIV. Non -Discrimination
Consultant shall declare that he/she does not discriminate in his/her employment with regard to age, handicap, race, color, religion, sex or national origin.
XXV. Drug Free Workplace
Consultant agrees to comply with the City's Drug Free Workplace Policy.
XXVI. Attorney Fees
In the event of any action between City and Consultant seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses
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and reasonable attorney's fees.
XXVH. W aiver
No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege or any other occasion.
XXVIII. Assignments
Neither this Agreement, nor any part thereof, nor any monies due or to become due thereunder may be assigned by the Consultant without the prior written consent and approval of the City.
The City and Consultant hereby agree to the full performance of the covenants and conditions contained herein.
XXIX. Successors and Assigns
It is mutually understood and agreed that this Agreement shall be binding upon the City and its successors and upon the Consultant, its partners, successors, executors and administrators.
XXX. Notices
All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice.
These addresses shall be used for delivery of service or process.
A. Address of Consultant is as follows:
Michael Baker International
3536 Concours St. Suite 100
Ontario, CA 91764
Attn: Peter Minegar, AICP
(909)974-4900
B. Address of City is as follows:
City of Yucaipa
34272 Yucaipa Boulevard, Yucaipa, CA 92399
(909) 797-2489 Fax (909) 790-9203
Attn: Fermin Preciado, P.E., Director of Development Services/City Engineer (909) 797-2489, ext. 254
XXXI. Controlling Law/Venue
California law shall govern the interpretation and enforcement of this Agreement; any action brought relating to this Agreement shall be brought in San Bernardino County.
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P110000,
XXXII. Authority to Enter Agreement
Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal right, power, and authority to make this Agreement and to bind each respective party.
XXXIII. Professional Services for other Projects
The City reserves the right to expand or add to the scope of work for the consultant to include professional services for other city projects and/or request proposals for future similar services.
SIGNATURE PAGE
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement the day and year first above written.
David Avila, Mayor
Date Peter Minegar, AICP Date
Michael Baker International
Jennifer Crawford,
Date
Assistant City Manager/ City
Fermin Preciado, Director of Date
Clerk
Development Services/ City
City of Yucaipa
Engineer
City of Yucaipa,
APPROVED AS TO FORM:
David M. Snow, City Attorney
City of Yucaipa
FUNDS AVAILABLE/
INSURANCE APPROVED:
Andrew Hamilton
Finance Manager
City of Yucaipa
Attachment(s):Exhibit "A"
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EXHIBIT A
SCOPE OF SERVICES
TECHNICAL AND COST PROPOSAL
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I N T E R N A T 1 0 N A L
January 19, 2022
Mr. Landon Kern
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Via email: [email protected]
Subject: Regulatory Permitting Services for the Pendleton at Oak Creek Low Water Crossing Replacement Project, City of Yucaipa, San Bernardino County, California Dear Mr. Kern,
Michael Baker International is pleased to submit this proposal to provide regulatory permitting services for the Pendleton at Oak Creek Low Water Crossing Replacement. The proposed project is located within Oak Glen Creek between Oak Glen Road and Highland Avenue in the City of Yucaipa, San Bernardino County, California. The proposed project consists of the realignment of Pendleton Avenue to create a perpendicular intersection with Oak Glen Road. Pendleton Avenue is currently 26 feet wide and will be widened to 36 feet, with sidewalk, parkway, and other improvements the total developed footprint of the roadway would be 60 feet in width.
Project permits were issued in 2017 under Section 404 (SPL -2014 -00387 -GS) and 401 of the federal Clean Water Act (SARWQCB Project No. 362017-34) and Section 1602 of the Fish and Game Code (Notification No. 1600-2014-0115-R6 Revision 2). The 404 Nationwide Permit program will be reissued in March 2022, requiring reauthorization of both the 404 permit and 401 water quality certification. The 1602 SAA will expire on July 15, 2022. Our proposed scope of work includes submittal of a request for reauthorization of the 404 (Discharge of Dredge or Fill Material) Permit with the U.S. Army Corps of Engineers (USACE) and Section 401 (Water Quality Certification) Permit with the Regional Water Quality Control Board (RWQCB). Additionally, a standard 5 -year extension request for the 1602 (Streambed Alteration Agreement) Permit with California Department of Fish and Wildlife (CDFW) will be submitted.
We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Should you have any questions, please contact me at (909) 589-2167 or [email protected].
Sincerely,
Shelah Riggs Peter Minegar, AICP
Project Manager Associate Vice President,
Department Manager— Planning
MBAKER INTL.COM 3536 Concours St. Suite 100 I Ontario, CA 91764 Office: 909.974.49001 Fax: 909.974.4004
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SCOPE OF WORK
TASK 1 404 NATIONWIDE PERMIT REAUTHORIZATION
Michael Baker will review the 2022 NWP conditions (including the updated general and regional conditions) to determine whether the proposed project continues to qualify under Nationwide Permit (NWP) 14 Linear Transportation Projects. Assuming that the terms and conditions of NWP 14 apply, a letter will be prepared and submitted to the USACE that documents the projects continued compliance with the conditions of NWP 14 and requests reauthorization of the project.
In the event that the conditions of NWP 14 have changed and no longer apply to the project, Michael Baker will review the 2022 NWPs to determine whether a different NWP or combination of multiple NWPs would apply. The USACE will require submittal of a new preconstruction notification if NWP 14 no longer applies and so we have included preparation and submittal of a PCN as Optional Task 1.
This scope of work does not include an updated jurisdictional delineation, biological or cultural surveys/reports or formal Section 7 or Section 106 consultation. Additionally, this scope of work does not include preparation of a new application for 404 NWP (see Optional Task 1, below). If these tasks are required by the resource agencies, Michael Baker can prepare these documents under separate scope and budget.
Deliverables:
• Letter Request for 404 NWP Reauthorization (package to be submitted to the USACE via email, per the current Covid protocol)
TASK 2 401 WATER QUALITY CERTIFICATION REAUTHORIZATION
Section 401 of the Clean Water Act (CWA) requires that any discharge of dredge or fill material into Waters of the U.S., including wetlands, not violate state water quality standards. Issuance of the Water Quality Certification is a condition of the USACE Nationwide Permit. Because a 401 Certification was previously issued for this project, we will send a notification to the RWQCB documenting project compliance with the pending 2022 USACE Nationwide Permit program conditions. The notification will serve as a written request for extension of the Section 401 Water Quality Certification. We do not anticipate that submittal of a new 401 water quality certification application will be required and is not included in this proposal.
Deliverables:
• Request for 401 Water Quality Certification Reauthorization (letterto be submitted to the RWQCB via email, per the current Covid protocol)
TASK 3 1602 STREAMBED ALTERATION AGREEMENT EXTENSION REQUEST Michael Baker will prepare the Request for Extended Lake or Streambed Alteration Agreement application for submittal to CDFW (Inland Deserts, Region 6) to request authorization to extend the 1602 Project permit (Notification No. 1600-2014-0115-R6 Revision 2). The SAA request generally includes the following items:
• A completed application form;
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Pendleton at Oak Creek Low Water Crossing Replacement Project January 19, 2022
• A project description of work completed, needing to be completed and timeline; • An explanation for the need of an extension;
• The SAA application fee using the 2022 fee schedule (to be assessed by Michael Baker and provided by the City).
CDFW allows for a one time automatic 5 -year extension of 1602 Streambed Alteration Agreements through submittal of the request form. The form must be received prior to the permit expiration date (July 15, 2022).
Deliverables:
• Request for 5 -year extension form (to be submitted to CDFW via EPIMs or email, per the current Covid protocol).
TASK 4 RESOURCE AGENCY COORDINATION
Applications will be coordinated with the USACE, RWQCB, and CDFW throughout processing to ensure that any potential issues are communicated to the City and resolved at the earliest possible opportunity.
Coordination may include telephone, email, or written correspondence, or meetings with the agencies.
This scope of work includes up to 12 hours of agency coordination time.
Deliverables:
• Copies of all agency correspondence, including emails, phone log, and meeting minutes associated with the 404, 401, and 1602 consultations.
OPTIONAL TASK 1 404 NATIONWIDE PERMIT PRECONSTRUCTION NOTIFICATION Michael Baker will review the pending 2022 Nationwide Permit Program conditions under Task 1 (above).
If it is determined that project no longer qualifies for a non -notifying authorization, a preconstruction notification application will be prepared and submitted to the USACE. The NWP preconstruction notification generally includes:
• Detailed description of the proposed project;
• Detailed description of the jurisdictional areas to be impacted by the proposed project (this is generally accomplished by submittal of the Jurisdictional Delineation Letter Report); • Discussion of approvals and certifications being obtained from other federal, state, or local agencies;
• The request to the RWQCB for water quality certification; • Biological Resources Assessment (to determine whether Section 7 Endangered Species Act consultation with U.S. Fish and Wildlife Service is required); • Cultural Resources report for the project (to facilitate USACE tribal consultation and to determine whether Section 106 consultation with the State Historic Preservation Office is required). • Habitat Mitigation and Monitoring Plan
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Pendleton at Oak Creek Low Water Crossing Replacement Project January 19, 2022
Deliverables
Preconstruction Notification (package to be submitted to the USACE via email, per the current Covid protocol)
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FEE
All work will be performed on a time and materials basis and the fee below is calculated based on our experience of the level of effort required to submit and coordinate with the various resource agencies.
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Senior
Optional Task 1
Regulatory Regulatory
QA/QC
Task
$ 230 $ 195 $ 155 Hours Cost
Task 1: 404 Nationwide Permit Reauthorization
1 1 10 12 $2,025
Task 2: 401 Water Quality Certification
1 Reauthorization
1 10 12 $1,795
Task 3: CDFW 1602 Streambed Alteration
Agreement Extension Request
1 4 5 $835
Task 4: Agency Coordination
12 12 $2,340
Reimbursables Estimate (ODC)
$100
Total
$7,095
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BiologistSenior
Regulatory
Specialist Senior A.
Optional Task 1
$ 195 $ 160 $ 155 Hours Cost
Optional Task 1: 404 Nationwide Permit
Preconstruction Notification
16 32 6 54 $9,170
Other Direct Costs
$100
Total
$9,270
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