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RBF Consulting A2013-59 CITY OF CHINO HILLS INTEROFFICE MEMORANDUM DATE: September 25, 2013 / i TO: Raymond Hansen, Senior Administrative Aryf� FROM: Mary M. McDuffee, City Clerk RE: A13-59 — RBF Consulting Contractor: RBF Consulting Attn: John McCarthy, P.E. 14725 Alton Parkway Irvine, CA 92618 At their regular meeting held September 24, 2013, the City Council awarded Agreement No. A13-59 to RBF Consulting in a not-to-exceed amount of$74,000 for the development of plans, specifications, bid documents, and limited construction management assistance for the Hickory Creek Mitigation Project. Enclosed for further processing is one original executed agreement. MMM/LC Enclosure cc: Judy Lancaster, Finance Director Nadeem Majaj, Public Works Director Tad Garrety, Environmental Services Coordinator AGREEMENT NO. A13-5'j FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND RBF CONSULTING THIS AGREEMENT, made and entered into this 24th day of September, 2013, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and RBF CONSULTING, a California corporation, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on September 25, 2013, -1- 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. -2- 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. -3- Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on June 30, 2014. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. -4- 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Use of such documents by City for project(s) not the subject of this Agreement shall be at City's sole risk without legal liability or exposure to Consultant. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public -5- Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -6- Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. -7- 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused -8- by the performance or failure to perform by Consultant of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance -9- of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability -10- Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim, B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of -11- Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers, (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. 14' C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. -13- 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. -14- 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. -15- 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: John McCarthy, P.E. RBF Consulting 14725 Alton Parkway Irvine, CA 92618 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work B. Exhibit B: Compensation -16- 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RBF CONSULTING IIIII ; . yil 6 LbN,o i4Iaetr � Title Via eS/G�✓1 CITY OF CHINO HILLS By ,..e f,\ ---7q.4„, -- Peter J. Mayr ATTEST: APPROVED AS TO FORM: fiiit(Agig /.„lac—— --/tYLP- —34- Y(-) 'Mary M. plc uffee Mark D. Hensley City Clef] 1 City Attorney -17- • Hickory Creek Habitat Mitigation Project EXHIBIT A SCOPE OF WORK DESIGN AND CONSTRUCTION DOCUMENTS Task 1:Research and Field Investigation Upon notice to proceed, the RBF Project Team will review existing improvement drawings, hydrology, hydraulics, design studies, record data, utilities,City GIS maps, the HMMP/permit approvals and other information relevant to the project and within and adjacent to the project area. The RBF Project Team will conduct field reconnaissance and prepare a photo log of the existing conditions, The RBF Project Team will also review historic and current aerial photographs, soils and geologic maps, existing literature and site-specific biological studies. Historic photographs will be used In the field to guide restoration efforts to the greatest extent practicable while soils, geology, and hydrology of a stream and its floodplain will provide environmental constraints to the proposed restoration and plant palettes. The importance of such efforts in a stream restoration allows for successful restoration actions to be developed, as well as a more accurate assessment of functional gain following restoration. All relevant existing literature will be compiled and analyzed to describe the environmental setting. Task 2:Field Survey RBF shall prepare a comprehensive topographic survey to identify and to plot existing conditions of the project site. Topographic mapping shall be plotted at a horizontal scale of 1"=20' with one foot interval contours. Topographic mapping will conform to the FGDC Geospatial Positioning Accuracy Standards, PART 4: Standards for A/E/C and Facility Management, and references the ASPRS Accuracy Standards for Large-Scale Maps, with sufficient detail to map the location of the existing stream bed, storm drain structures,and improvements. Unless otherwise directed by the Client,the basis of horizontal control will be California Coordinate System of 1983 (CCS 83), Zone 5, Epoch 2007.00. Coordinates will be expressed as grid values in terms of the U.S, survey foot. Coordinates will be based on the published values from the National Geodetic Survey (NGS). Vertical control will be in terms of the North American Vertical Datum of 1988 (NAVO 88), based locally upon City of Chino Hills bench marks or values published by the NGS. Topography shall include obtaining locations,elevations and descriptions of: ti Contours at one-foot Intervals • Spot elevations on hardscape features a Existing building and structure footprints n Sidewalks and trails, driveways,and handicap ramps • Pavement areas including roadway surfaces n Storm drain manholes,inlet and outlet structures,upstream and downstream culvert locations ▪ Trees and major specimen plants,with trunk diameters greater than 6" n Above ground utilities including valves, pull-boxes,meters, and vaults,misc. manholes n All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground Task 3: Hydrology, Hydraulics,and Scour Analysis RBF shall provide engineering services to perform a hydrology, hydraulic, and scour analyses for Hickory Creek along the project limits. The analysis will include development of existing floodplain hydraulics for this portion of the creek based on the field survey and site visit. The existing and proposed floodplain hydraulic conditions will be _,.j: Scopi7 or bVnrl. • • Hickory Creek Habitat'Mitigation Project modeled utilizing the Army Corps of Engineers HEC-RAS analysis. Channel geometric characteristics, such as conveyance cross-sections, roughness coefficients, and encroachments, will be analyzed based on field cross- section information for the proposed alternatives. Design hydrology shall be identified based on the capacity of the upstream and downstream culverts which delineate the limits of the project site. The hydraulics of multi-frequency design flows shall be investigated and used to develop the conceptual plans. The hydraulic analysis shall extend adequate distance upstream and downstream from the proposed project to fully evaluate the impacts to the existing flooding. Average hydraulic parameters generated shall be utilized for the scour analysis to determine additional facility protection requirements. The scour analysis shall incorporate general aggradation and degradation tendencies associated with this portion of the creek. The scour analysis will determine the scour parameters used in designing and locating the proposed erosion control facilities, The RBF Project Team will perform a preliminary channel stabilization assessment of the creek based on available historical information (review of aerials, comparison of historical topography, review of existing grade control structures) and qualitative determination of channel aggradation (sediment deposition), degradation, channel bank erosion trends. This task will determine whether additional measures will be required to stabilize the channel bed and banks to minimize the potential for channel erosion and sedimentation. Review of the existing grade control structures will include an assessment of the level of protection provided by the existing structures. RBF will prepare a final hydraulic analysis of the proposed channel improvements indicated on the construction drawings. The final design water surface generated will also be indicated on the drawings. All hydraulics studies will be completed in conformance with the requirements of the City of Chino Hills, and the County of San Bernardino. This task includes the preparation of a "Channel Hydraulics Report"which will serve as documentation of the final engineering design and associated technical analysis to support the Hickory Creek channel design. The report will update the preliminary report including the backup data regarding final hydraulics,hydrology, existing facility data, design criteria, specific design requirements, design constraints, assumptions, and all engineering calculations or analysis. Task 4: Environmental Compliance and Review RBF will review the design plans for consistency with the HMMP and permit approvals. The review will focus on the plant species/quantities proposed, recountouring and grading, exotics removal, irrigation line placement and hydrology. RBF will also confirm that the acreage of the proposed restoration meets the ratios and acreage requirements of all project permits. Notes on the plans will be provided to highlight regulatory restraints, where relevant. This task includes an initial submittal and coordination with the state and federal regulatory agencies to obtain buy-off of the design. The design submittal will include a memorandum referencing the HMMP and permit file numbers. Task 5:Grading and Erosion Control Plans RBF will prepare Improvement drawings for Hickory Creek from the Rolling Ridge Drive crossing downstream to the Pipeline Avenue crossing. The proposed improvements will be based on the hydraulic and stream stabilization analyses and HMMP. This work item is based on the preparation of one set of Hickory Creek improvement drawings. The construction drawings will include cover and general note sheets,channel plan and profile,sections and details,grading,erosion control measures, and quantities on standard City of Chino Hills format prepared at an appropriate scale. No specialty concrete structures are anticipated, and this item specifically excludes structural design for any concrete specialty stabilization measures. Is Scope of Work • 2 ,Hickory Creek Habitat Mitigation Project Task 6:Irrigation and Planting Plans RBF shall prepare one set of final irrigation and planting plans for the project.The plans will be prepared to meet the requirements of the HMMP. The plan will be prepared at an appropriate scale on a base map of the project site. The plans will depict relevant grading and drainage improvements as well as the location, size, quantity and species of trees, shrubs and ground covers. This task assumes that existing irrigation will be used to the maximum extent practical. Task 7:Specifications RBF will develop technical specifications as special provisions in conformance with City's format and provide required permits and reference materials to be included in the City's standard contract documents. City will prepare the upfront "boiler plate" portions of the contract documents (e.g. general provisions, contract requirements,notice to contractors, etc). As needed, specifications will include requirements for removal of trash, debris, and weeds as specified in the HMMP. Specific NPDES storm water provisions the contractor will need to implement to comply with Statewide Construction General Permit will be included. There shall also he discussion on nuisance flow diversion during construction. The specifications shall include the requirements for geotechnical testing and certification for the channel grading to be provided by the contractor. Task 8: Construction Quantity and Cost Estimates RBF will prepare a final estimate of construction quantities and costs based upon the drawings utilizing current City cost data and bid tabulations for similar project types. Task 9: Project Meetings and Consultation RBF will attend periodic project meetings and provide consulting services related to project coordination during the project development, The purpose of these meetings may include a review of the progress of work included In this Contract,or consultation and discussion needed on project Issues. Consultation will be provided with the City to resolve design/permitting r elated Issues and ensure the progress of the project. The meetings and consultation allows adequate communication with the City to allow input and feedback during the design process. This task will also Include telephone conferences necessary with the same parties for the above-mentioned purposes. RBF has budgeted for two(2)City meetings,and approximately 20 man-hours towards this overall effort. Task 10: Public Outreach Support RBF will attend and provide support for one public outreach meeting. This task shall include services for the preparation of graphic exhibits and visualization exhibits for support of the public outreach. RBF shall prepare presentation quality graphics which depict the recommended project Improvements for City use, Task 11:Bidding and Construction Support The RBF Project Team will provide engineering support services during the bidding and active construction period. Engineering support services are limited to the following activities: pre-bid meeting, contract addendum, pre- construction meetings, construction coordination meetings, shop drawing review, requests for information, and change orders. Since it Is difficult to determine the time requirements associated with this task; this task will be completed on a time and materials basis with an initial budget amount of 20 hours for the fee proposal. IMPLEMENTATION AND MONITORING Task 12: Implementation Monitoring RBF will oversee site implementation and maintenance activities. The primary goal of this task is to provide consistency between the regulatory approvals and site implementation/maintenance firm. This task Includes time .,�-' j •:., Scopu ul Work • 3 Hickory Creek Habitat Mitigation Project for RBF to be onsite during implementation (recontouring and planting). RBF will recommend and provide the Contractor with adaptive management techniques, as needed. Site implementation will be photo-documented and a mitigation"as-built"letter will be prepared for City's file. Task 13:5-Year Mitigation Monitoring To increase success with the habitat restoration and pursuant to regulatory agency requirements, RBF will provide mitigation monitoring for 5 years or until success criteria is obtained. This task excludes general permit condition compliance and other biological monitoring requirements. Monitoring includes qualitative and quantitative monitoring,as discussed below: Qualitative Monitoring: RBF will visit the project site to monitor progress of the plantings and maintenance activities, Qualitative monitoring will occur monthly for the first year after site Installation, and then quarterly site visits during each successive year of the five-year monitoring program. Qualitative Monitoring will include taking field notes of visual observations,and documenting conditions via photography and GPS. Quantitative Monitoring: RBF will quantitatively monitor vegetation growth and progress of the site once per year, during the June site visit, The first year of Quantitative monitoring will be 2014,with the monitoring period ending in 2018. The June timeframe is strategically placed at the end of the growing season so that all growth can be captured. Quantitative vegetation monitoring will include transects, visual inspection of plants, general site walk- through and photographic monitoring at selected photo stations (established once site implementation is complete). The site will be compared to the Mitigation Performance Standards defined in the Habitat Mitigation and Monitoring Plan(prepared by VCS)and summarized in Table 1, below. Table 1. Mitigation Performance Standards Year Percent Cover by Native Herbaceous Invasive Cover Woody Invasive Cover Woody Species 1 I NA 55% 1 0°% � 2 INA l 5.5% ( 0% � 3 ( 80% I5.5% 10% 4 NA I _5.5% 1 0°% 5 1 90% l 55% ( 0% RBF will provide the Contractor and the City recommendations (in technical memorandum format,delivered via e- mail) to ensure that "adaptive management" is practiced. Such recommendations may be associated with watering,weed and trash abatement, replanting, etc. Cuttings and container plants that die or are In decline must be replaced. Reoort Preparation and Submittals: An annual performance report will be prepared after completion of the quantitative vegetation monitoring no later than December 15 of each year for five years after planting. This task assumes up to five (5) annual reports. Each annual report will include, but is not limited to, the following information: o An overview of mitigation efforts; o Pre-project photos of all the mitigation areas taken from photo points to be used for all subsequent photos; o Photos of the year taken at each photo established prior to project activities; o The survival,percentage cover,and height of the planted species; o The methods used to assess these parameters;and, o The number by species of plants replaced. 1 •• • Scope of Work - • Hick6ry Creek Habitat Mitigation-Project The reports will be submitted by RBF to the regulatory agencies after review and approval by the City. Scop?of Work - Ext- k B tT B wN, *__ ,ni n f< teaesaano& P eotmslonal Fees Esematbn ,,,,a,Mseitt s na Pmlet wme:Hickory Croak Kaaba Pl ep0bn Prefect RYf Job Num4r Estmnc We:Rtvlsed Aapsut SI,5013 Fa alt4LJohn PcCwMVIWgae,Q.CS 1 Estimated Manhours Fee Fee Task Task Work Item Description Principal-a- Sr.Ergmecr/Sr. Design Engineer I nvi ental ( Graphic Subtotals Hours Fee Hours P Deeclor Environmental LandscapeSurvey Crew Artist Charm &Realist Specialist A:.htect Analyst /CADD Itlesmn and Consfrncbon Documents 11 Research and Data Collection III 01 2 01 41 01 41 0 O 91340 10 !Environmental I I 1 I I 41 $6401 S IFM11nrenrla I I 1 1 41 I S/001 5 1 I I I 2.Field Survey and T000gmphic Mapping 0 0 2 0 4 0 0 24 0 I 96750 30 Feld Survey 24 $5 8801 24 Comolle t000craohm maemre 2 4 $8791 6 3 Hvdroloov Hydraulics.and Scour Analysis 0 1 10 0 80 0 6 0 0 $13.360 97 S itevelt and modelvent,ratiOn 4 4 $1 190 8 Flow rate detemnnatmn 1 4 5/00 S HEC'RAS Model Setup-Ex1511no Condemn 1 16 $2,820 17 ___ HFC-RAS Analysis-Prnert Aliematwes 1 1 16 2 $2 780 20 Local Scour Analysts sedlmentanon �— is 1 8 $1 240 9 rodeo Cnnlml/Fa00n0.4v Snrt8 41080 8 !Read Preparation2 24 4 88080 30 114 Environmental Comoliancc and Review 0 9 d 0 0 0 6 O 0 $1,380 10 I Review HMMP and rem:liana sermes 2 2 4570 9 IComabanco retina and cnordinalmn 2 4 $810 6 I IS Gradin and Erosion Control Plans 0 4 4 0 66 0 0 0 60 515,820 t3J. ITRIo Shawl MI 2 4 $660 61 !Location Mao and 4 Aogei/an Notes(11 2 6 $860 & !Channel I mime ahatrol FLents(11 1 1Re- 20 8 568601 301 (jmeettaFinsen Control Mira II 7I 24 24 561101 S11 M:srnIL Maus DORM 111 1 10 10 $2.4801 211 T nal Sealpnc and Details(11 8� 8 51860 16 1 1 16 Ictteahon and Landscape Plans 0 4 4 0 01 40 6 0 32 I I 510 700 33 !Punkt Plans fOt and Details 1( >0 21 $ 1 1 2 20 16 55801 431 Vocation Plans al and notate(11 2�_� I 21 16 551.701 401 7.Soncifications 0 1 3 0 20 101 0. 0 0 I $4910 3d Cover spent that C4v Standard Sections 11 4 21 I 91 6001 7 Cnnsinlroon DetaAa 1 21 16 81 1 $39101 27 I 1 I 8 Construction(Manbty and Cost Estimate 01 0 II 0 8 61 01 0 0 I 5214) 15 Duna Ay Takt Ott ( 4 41 $11401 8 Corsltudlon Cost Estimate 1 4 2 $1 000 7 9.Pnolett Mncenos and Consultation 0 4 8 0 0 4 0 0 0 $2,780 16 [Firmed tleetinas 2 4 4 $1 690 10 ICnnrdmatleb 7 4 _� $1090 6 1 1 1 HO.Public Outreach Su000rt I 01 2 4 0 o d 0 0 24 84.020 34 eheneaa mnemaeern aham °remtion I I 2 2 2 $1 070 6 FRdMEOal and Gmdhf_5 I I 2 `2811 E2 95U 28 l 11 Rada°and COnstmetion Subnort I 0 f1' 6 0 10 4 Q 0n 529301 2,0 5udopf Items 00 MUIM1 6 10 4 I 52930 20 Reimbursable Exoeeses 1 I 51500 $1 500 Demon and Construction Documents Total:0 111 68 0 1921 68 22 24 1161 667.630 $481 567.630 481 Implementation and Monsoon° 12.Implementation Mnmtorina I 0 01 SI 01 01 0 32' 01 01 1 1 $5140 40 Mon4onne donna ea Mkucton I 81 1 I .371 I 551401 401 I 1 I I I I 1 1 1 Reimbursable&menses I 1 I 1 I 1 1 01 S.500 1 ImMemonWRon and Monitonea total:O• nl 781 01 01 0 '1 m .9955 c849 cdn1 55,640640 200 Contract Total 573.270 Not-to-exceed amount $74,000