HomeMy WebLinkAboutItem 3.2 - 3470 Olberding Environmental Inc. Second Amendm
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STAFF REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT
DATE: November 17, 2020
TO: Honorable President and Board of Directors
FROM:
Linda Smith, District Manager
SUBJECT:
Second Amendment to the Agreement with Olberding Environmental, Inc.
for Biological Services for the Fallon Village GHAD
Prepared by: Laurie Sucgang, GHAD Engineer
EXECUTIVE SUMMARY:
The Fallon Village GHAD Board of Directors will consider a second amendment to the
agreement with Olberding Environmental, Inc. to provide additional biological services
during desilting of the water quality basin and to extend the length of the agreement.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Second Amendment to the Agreement with
Olberding Environmental, Inc.
FINANCIAL IMPACT:
The approved Fiscal Year 2020-21 Fallon Village Geologic Hazard Abatement District
(GHAD) budget for Contracted services is $383,853. The cost of additional services
under the proposed amendment to the agreement with Olberding Environmental, Inc. is
$36,000, bringing the total contract cost to $93,000. There are sufficient funds in the
GHAD budget to approve the amendment.
DESCRIPTION:
On December 17, 2018, the Fallon Village Geologic Hazard Abatement District (GHAD)
Board entered into a consulting services agreement with Olberding Environmental, Inc.
for $44,000 to provide biological services to the Fallon Village GHAD for the mitigation
pond berm repair on Central Parkway and Sunset View Drive.
On January 14, 2020, the GHAD Board increased the contract compensation to
$57,000 to pay for additional biological services completed during construction of the
mitigation pond berm repair and to allow for payment of future charges for services.
Recently, the GHAD performed maintenance activities at the water quality basin at the
corner of Fallon Road and Central Parkway. Olberding Environmental, Inc. provided
biological monitoring during construction activities that started in summer 2020.
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Biological monitoring services were provided during mobilization, vegetation removal,
and sediment removal. California Red-legged frogs, a threatened species listed under
the Endangered Species Act, were not anticipated to inhabit the water quality basin,
however, they were present, therefore additional charges for biological monitoring
services were incurred during construction. To be prepared for these unanticipated
circumstances during current and future activities, GHAD Staff is requesting an increase
of $36,000 to the contract compensation, and to extend the agreement term to allow for
biological monitoring through December 30, 2022.
The total compensation with the proposed Amendment #2 is shown below:
Original Agreement $44,000
Amendment #1 - additional biological services $13,000
Proposed Amendment #2- additional biological services $36,000
Total Compensation $93,000
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report was provided to Olberding Environmental, Inc.
ATTACHMENTS:
1. Resolution Approving a Second Amendment to the Agreement with Olberding
Environmental, Inc.
2. Exhibit A to the Resolution - Second Amendment to Agreement with Olberding
Environmental, Inc.
3. Original Agreement and First Amendment
Reso No. XX-20, Item X.X, Adopted 11/17/20 Page 1 of 1
RESOLUTION NO. XX - 20
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH
OLBERDING ENVIRONMENTAL, INC.
WHEREAS, on December 17, 2018, the GHAD approved a consulting services
agreement for biological services with Olberding Environmental, Inc. for the Mitigation Pond
Berm Repair at Central Parkway and Sunset View Drive in Dublin (Agreement) for $44,000;
and
WHEREAS, on January 14, 2020, the GHAD approved the First Amendment to the
Agreement increasing the contract amount to $57,000; and
WHEREAS, the GHAD wishes to amend the terms of the Agreement to increase the
compensation to a total compensation of $93,000 for additional biological services completed
during construction and extend the term of the agreement to December 30, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon
Village GHAD approves the second amendment to the Agreement with Olberding
Environmental, Inc., attached hereto as Exhibit A, increasing the Agreement amount to a
total compensation of $93,000 and extending the length of the term of the Agreement to
December 30, 2022.
BE IT FURTHER RESOLVED that the GHAD Manager is authorized to execute the
amendment and such other documents, and to take such other and further action, as
necessary and appropriate to carry out the Intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of November 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Board President
ATTEST:
_________________________________
District Clerk
SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT AND
OLBERDING ENVIRONMENTAL, INC.
WHEREAS, on December 17, 2018, the Fallon Village Geologic Hazard
Abatement District (hereinafter referred to as "GHAD") and Olberding Environmental,
Inc. (hereinafter referred to as "Consultant") entered into a Consulting Services
Agreement for biological services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT set compensation not to exceed
$44,000.00 for scope and services provided in Exhibit A of the existing AGREEMENT,
WHEREAS, the First Amendment to the existing Agreement increased the
compensation amount to $57,000, modifying Section 2 of the Agreement,
WHEREAS, the project scope and budget added under the First
Amendment are complete; however, the GHAD requires additional biological monitoring
services and requests an extension to the length of the term of the Agreement,
WHEREAS, the GHAD and Consultant now wish to amend the Agreement
to increase the compensation amount to $93,000.00, modifying Section 2 of the
Agreement and extend the term of the Agreement to December 30, 2022, modifying
Section 1 of the Agreement,
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2, Paragraph 1 shall be rescinded in its entirety and replaced with the
following:
Compensation. GHAD hereby agrees to pay Consultant a sum not to exceed
$93,000.00, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant's proposal regarding the amount of compensation, the Agreement
shall prevail. GHAD shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified
in the existing Agreement shall be the only payments from GHAD to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all invoices
to GHAD in the manner specified herein. Except as specifically authorized by
GHAD in writing, Consultant shall not bill GHAD for duplicate services performed
by more than one person.
2) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective date
and shall end on December 30, 2022, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A on or before that
date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the GHAD's right to terminate the
Agreement, as referenced in Section 8. Notwithstanding the foregoing this
Agreement may be extended on a month to month basis for up to 6 months upon
the written consent of the Consultant and the GHAD Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged
by the consultant for the provision of the services described in Exhibit A does not
increase. None of the foregoing shall affect the GHAD's right to terminate the
Agreement as provided for in Section 8.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify
and confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power,
right and actual authority to bind Consultant to the terms and conditions of this
Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the date and year first above written.
Fallon Village GHAD
Dated:
ATTEST:
Marsha Moore, GHAD Clerk
OLBERDING ENVIRONMENTAL, INC.
Dated:
M
Linda Smith, GHAD Manager
+ 31-7
CONSULTING SERVICES AGREEMENT BETWEEN
THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT AND
OLBERDING ENVIRONMENTAL, INC,
THIS AGREEI\4ENT for consulting services is made by and between the Fallon Village Geologic
Hazard Abatement District ("GHAD") and Olberding Environmental, lnc. ("Consultant") (together sometimes
refened to as the "Parties') as of December 17, 2018 (the "Effective Date').
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to GHAD the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. ln the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.'l Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2020, the date of completion specitied in Exhibit A, and Consultant
shall complete the work descnbed in Exhibit A on or before that date, unless the term of
lhe Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consullant to complete the services required by this Agreemenl shall not affect
the GHAD's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the GHAD Manager, provided that:
a) sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the GHAD's right to terminate the Agreement as provided for in
Section 8,
1,2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreemenl in the manner and according to the standards observed by a competenl
practitioner of the profession in which Consultant is engaged,
1.3 Assiqnment of Personnel. Consultant shall assi gn only competent personnel to perform
services pursuant to this Agreement. ln the event that GHAD, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from GHAD of such desire of GHAD,
reassign such person or persons.
Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.4
Section 2. CoMPENSATION. GHAD hereby agrees to pay Consultant a sum not to exceed
S+lpOO.OO, notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and retmbursable costs incuned under this Agreemenl. ln the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
Consulting Services Agreemenl between Fallon Village Geologic Haza
Environmental, lnc.
rd Abatement District and Olberding
Lasl revised 11 21 17 120181
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compensation, the Agreement shall prevail. GHAD shall pay Consultant for services rendered pursuant to
this Agreement at the time and in the manner set forth herein. The payments specified below shall be the
only payments from GHAD to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to GHAD in the manner specilied herein. Except as speciflcally authorized by
GHAD in writing, Consultant shall not bill GHAD for duplicate services performed by more than one person.
Consultant and GHAD acknowledge and agree that compensation paid by GHAD to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services requtred hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensatron hereunder is intended to include the costs of conkibutions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible,
GHAD therefore has no responsibility for such contributions beyond compensation required under this
Agreement.
2.1 lnvoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the GHAD
Manager or his/her designee. lnvoices shall contain the following information:
. Senal identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, elc ;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entnes or time sheets shall be submitted showing the
following:o Daily Iogs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or UA r hour
o lf this Agreement covers multiple projects, all hours must also be ogged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant's signature;
consultant shall give separate notice to the GHAD when the total number of hours
worked by Consu-ltant and any individual employee, agent, or subcontractor of
Fallon Viilage GeologicConsulting Services Agreement between
Environmental, lnc.
for
Hazard Abatement District and Olberding
Last revised l12l 17 120181
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Consultant reaches or exceeds 800 hours within a 12'month period under this
Agreement and any other agreement betvveen Consultant and GHAD. Such notice
shall include an estimate of the time necessary to complete work described in Exhibit
A and the estimate of time necessary to complete work under any other agreement
between Consultant and GHAD, if applicable.
Consulting Services Agreement
Environmental, lnc
_for-
ived, for
GHAD
ent District and olberding
Last revised 112117 120181
Page 3 of 14
shall have 30 days from the receipt of an invoice that complies with ail of the requirements
above to pay Consultant.
2.3 Fi nal Pavment. GHAD shall pay the last 10% of the total sum due pursuant to this
Agreement withrn 60 days after completion of the services and submittal to GHAD of a final
2.2 Monthlv Pa vment. GHAD shall make monthl y payments, based on invoices rece
services satisfactorily performed, and for authorized reimbursable costs incurred
2.8
2.4
invoice, if all services requrred have been satisfactorily performed.
Total Pavment. GHAD shall pay for the services to be rendered by Consultant pursuant
to this Agreement. GHAD shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
GHAD shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
ln no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
execuled change order or amendment.
2.5 Hourl Fees.Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit A
2.6 Reim bursable Exoenses. Reimbursable expenses are spectfied in Consultant's
to GHAD. Reimbursable expenses
vided under this Agreement that shall
Proposal. Expenses not listed in are not chargea ble
are included in the total amount of compensation pro
not be exceeded.
2,7 Pavme nt of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreernent and any simi lar federal or state taxes
Pavment upon Termination. ln the event that the GHAD or Consultant terminates this
&-1e.ment pw*ant to Sgg1gn q, the GHAD shall compensate the Consultant for all
oitriinOing .*tgnd rlimbursable expenses incuned forwork satisfactorrly completed as
of tne OatJot written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date
between Fa llon Village Geologic Hazard Abatem
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3.FACILITIES AND EQUIPMENT. Exce pt as set forth herein, Consultant shall, at its sole
cost and expense, provrde all facilities and equipment that may be necessary to perform the services
required by this Agreement.
Section 4.INSURANCE REOUIREMENTS. Before full y executing this Agreement, Consultant, at its
own cost and expense, unless othenrise specilied below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to GHAD of such insurance that meets the req uirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall malntain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontracto(s) and provided evidence to GHAD that such insurance is
in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND IVADE PART
0F THIS AGREEMENT PRIoR T0 EXECUTIoN. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers 'Comoensation.
4.1.1 General ul rements.Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation lnsurance and Employels Liability lnsurance for
any and all persons employed directly or indirectly by Consultant The Statutory
Workers' Compensatron lnsurance and Employeis Liability lnsurance shall be
provided with limits of not less than $1 ,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Subm ittal Require ments. To com ply with Subsection 4.1, Consultant shall
submit the following
Certiflcate of Liability lnsurance in the amounts specified in the section;
and
a
Consulting Services Agreement between
Environmental, lnc.
for
rd Abatement District and Olberding
Last revised 11 21 17 12018]1
Page 4 of 14
Fallon Village Geologic Haza
b. Waiver of Subrogalion Endorsement as required by the section
4.2 Commercial General and Automobile Liab ilitv lnsurance.
4.2.1 General uirements. Consultant , at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1 ,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. lf a Commercial General Liability lnsurance or an Automobile Liability
form or other form with a general aggregate limit is used, etther the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limil shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Sco Coveraqe. Commercial general coverage shall be at least asof
broad as lnsurance Services Ofiice Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Offlce Automobile Liability form CA 000'1, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additiona I Reouirements. Each ofthe followi ng shall be included in the
insurance coverage or added as a certified endorsement to the policy
The lnsurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
GHAD, its officers, officials, employees, and volunteers are to be covered
as additional insureds as respects: liability arising out of work or
operations performed by or on behalf of the Consultant; or automobiles
owned, leased, hired, or borrowed by the Consultant,
a
b
c Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss'
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
For any claims related to this Agreement or the work hereunder, the
Consuitant's insurance coverage shall be primary insurance as respects
the GHAD, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the GHAD, its officers, offlcials,
d
Fallon Village GeologicConsulting Services Agreement between
Environmental, lnc.
_for_
Hazaid Abatement District and Olberding
Last revised 11 21 17 1201 8l
Page 5 of 14
employees, or volunteers shall be excess of the Consultant's insurance
and shall not contribute with it,
submit the following:
a, Certiflcate of Liability lnsurance in the amounts specifled in the section;
b. Additional lnsured Endorsement as required by the section;
c. Waiver of Subrogatton Endorsement as required by the section; and
d, Primary lnsurance Endorsement as required by the section
4.3 Pro fessional Liabilitv lnsurance.
4.3.1 General Re ouirements. Consultant , at its own cost and expense, shail maintain
for the period covered by this Agreemenl professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' enors and
omissions, Any deductible or self-insured retention shall not exceed $'150,000 per
claim,
4.3.2 Cla ims-Made Limitations. The followi ng provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date ofthe policy must be shown and must be before the
date of the Agreement.
b. lnsurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates
c. lf coverage is canceled or not renewed and it is not replaced with another
claims-made policy form wth a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement'
d. A copy of the claim reporting requirements must be submitted to the
GHA[! for review prior to the commencement of any work under this
Agreement.
4.3.3 Additional Requirements. A certifled endorsement to inctude contractual liability
shall be included in the PolicY
betlveen Fallon Village Geologic HazaConsulting Services Agreement
Environmental, lnc.
for
rd Abatement District and Olberding
Last revised 11 21 17 120 18]l
Page 6 of 14
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
4.4
4.3.4 Submittal Requirements. To comply with Subsection 4.3 Consultant shall
submit the Certificate of Liability lnsurance in the amounts specified in the section
All Policies Requirements.
4.4.1 Acceptabilitv of lnsurers. All insurance required by this section is to be piaced
with insurers with a Bests' rating of no less than A:Vll.
4.4.2 Verification of Coveraqe. Prior to be ginnrng any work under this Agreement,
Consultant shall furnish GHAD with complete copies of all Certificates of Liability
lnsurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certilicates of Liability
lnsurance and certifled endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. lf the GHAD does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them, The GHAD reserves
the right to require complete copies of all required insurance policies at any time
4.4.3 Deductibles an dS elf-lnsured Retentions. Consultant shall disclose to and
obtain the written approval of GHAD for the self-insu red retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option ofthe GHAD, either; the insurer shall reduce or
el-iminate such deductibles or self-insured retentions as respects the GHAD, its
officers, employees, and volunteers; or the Consultant shall provide a financial
guarantee satiifactory to the GHAD guaranteeing payment of losses and related
investigations, claim administration and defense expenses
4.4.4 Wastinq Policies. No oolicv reouired bv this Section 4 shall include a 'wasting'
policy limit (i,e. limit that is eroded by the cost of d efense)
4.4.5 Endorsement Reouirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the GHAD'
4.4.6 S ubcontractors. Consultant shall include all subcontractors as insureds under its
rtificates and certified endorsements for each
bcontractors shall be subject to all of the
nt District and Olberding
Last revised 112117 120181
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requirements stated herein.
Remedies'lnadditiontoanyotherremediesGHADmayhaveifconsultantfailsto
orovideormaintainanyinsurancepoliciesorpolicyendorsementstotheextentandwithin
it. tir. n.t.in required, GHAD may, at its sole option exercise any of the following
i.*eOi.t, ,f]icn are alternatives to-other remedies GHAD may have and are not the
exclusive remedy for Consultant's breach:
policies or shall furnish separate ce
subcontractor. All coverages for su
4.5
Consulting Services Agreeme nt between Fallon Wage Geologic Hazard Abateme
Environmental, Inc.
-for-
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance wilh the requirements hereof; and/or
Terminate this Agreement.
Section 5.INDEMNIFICAT ION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement
6.1
6.2 Consultant Not n Aqent. Exc
lndependent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of GHAD GHAD shall have
the right to control consultant only insofar as the results of consultant's services rendered
pursulnt to this Agreement and assignment of personnel pursuant to Subsection 1 3;
however, otherwise GHAD shall not have the rrght to control the means by which
consultant accomplishes services rendered pursuant to this Agreement, Notwithstanding
any other GHAD, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
consultant and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
and aii claims to, any compensation, benefit, or any incident of employment by GHAD,
including but not limited to eligibility to enroll in the California Public Employees Retirement
system 1eens1 as an employee of GHAD and entitlement to any contribution to be paid by
G1IAD for employer contributions and/or employee contributions for PERS benefits'
a ept as GHAD may specify in writing, Consultant shall have
behalf of GHAD ln any capacity whatsoever as
rity, express or implied, pursuant to this
n whatsoever.
no authority, express or implied, to act on
an agent. Consultant shall have no autho
Agreement to bind GHAD to any obligatio
Section 7.
7.1
7.2
of contract.
compliance with Applicable Laws. consultant and any.subcontractors shall comply with
ffitheperformanceoftheworkhereunder,includingbut;;iil;i6 t t"he catiforn'ia Buitding code, rhe Americans wirh Disabitiries Act, and any
lopvtig-h1, priunt or kademark law Consultant's failure to comply with any law(s) or
ir6Juio.tll .ppil.able to the performance of the work hereunder shall constitute a breach
Consulting Services Agreement
Environmental, lnc,
_for_
rd Abatement District and Olberding
Last revised l12l 17 120181
Page 8 of 14
between Fallon Village Geologic Haza
Section 6. STATUS OF CONSULTANT.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement'
7 .3 Other Gove rnmental Requlations. To the extent that this A greement may be funded by
fiscal assistance from another govemmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which GHAD is bound by the terms
of such flscal assistance program.
7.4 Licenses and Permits. Consuitant represents and wanants to GHAD that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to GHAD that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
Iegally required to practice their respective professtons. ln addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from GHAD.
7.5 Nondiscriminationand Eq ual Oooortunitv. Consultant shall not discnminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employrnent, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agieement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
consultant shall include the provisions of this subsection in any subcontract approved by
the Contract Administrator or this Agreement,
Section 8.TERMINATIO N AND MODIFICATION.
8.1 Termination. GHAD may cancel this Agreement at any time and without cause upon
written notiflcation to Consultant.
consultant may cancel this Agreement upon 30 days' written notice to GHAD and shall
include in such notice the reasons for cancellation.
ln the event of termination, consultant shall be entitled to compensation for services
p.rfot.eO to the effective date of termination; GHAD, however, may condition payment of
such compensation upon Consultant delivering to GHAD any or all documents'
pf',otog"ph., computer software, video and audio tapes, and other materials provided to
bon.,lttrrt ol. ptepared by or for Consultant or the GHAD ln connection with this
Agreement.
Consulting Services Agreement between
Environmental, lnc.
for
Abatement District and Olberding
Last revised 11 21 17 120 181
Page 9 of 14
Fallon Village Geologic Hazard
8.2 Extension. GHAD may, in ils sole and exclusive discretion, extend the end date of this
Agreement beyond that provided forin Subsection 1.1. Anysuch extension shall require a
written amendment to this Agreement, ds provided for herein. Consultant understands and
agrees that, if GHAD grants such an extension, GHAD shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, GHAD shall have
no obligation to reimburse Consultant for any othenruise reimbursable expenses incuned
during the extension period.
8.3 Amendments. The Parties ma y amend this Agreement only by a writing signed by ail the
Parties
8.4 Assiqnment and Subcontractinq. GHAD and Consultant recognize and agree that this
8.5
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. lVloreover, a substantial inducement to GHAD for entering into this
Agreement was and is the professionai reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prror written approval of the Contract Administrator'
Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between GHAD and Consultant shall
survive the termination of this Agreement.
Charge Consultant the difference between the cost to complete the work
desciibed in Exhibit A that is unflnished at the time of breach and the amount that
GHAD would nave paid Consultant pursuant to Section 2 if Consultant had
completed the work,
8.6 Options u oon Breach bv Consultant. lf Consultant material ly breaches any of the terms
of this Agreement, GHAD's remedies shall include, but are not limited to, the following:
8.6.'l lmmediately terminate the Agreement;
8.6.2 Retain the plans, speciflcations, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
flnished by Consultant; or
8.6.4
between Fallon Village Geologic HazardConsulting Services Agreement
Environmental, lnc.
for
Abatement District and 0lberding
Last revised 112117 l2011l
Page 10 of 14
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All re ports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materrals, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the GHAD, Consultant hereby agrees to
deliver those documents to the GHAD upon termination of the Agreement. lt is understood
and agreed that the documents and other materials, including but not limited to those
described above, prepared pursuant to this Agreement are prepared specrfically for the
GHAD and are not necessarily suitable for any future or other use. GHAD and Consultant
agree that, until final approval by GHAD, all data, plans, specifications, reports and other
documents are confldential and will not be released to third parties without prior written
consent of both Parties.
9.2 Consultant's Books and Records. Consultant shall maintain an y and all ledgers, books
of account, invorces, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the GHAD under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 lnspection and Audit of Records.Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspectton, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the GHAD. Under Cali{ornia Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds $10,000.00, the Agreement shall be
subject to the examination and audit of the State Auditor, at the request of GHAD or as
part of any audit of the GHAD, for a period of 3 years after final payment under the
Agreement,
Section'10. MISC ELLANEOUS PROVISIONS.
10.1 Atto ' Fees. lf a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this A
party shall be entitled to reasonable altorneys'fees in addition
that party may be entitled, The court may set such fees in the
separate action brought for that purpose.
Venue. ln the event that either party brings any action against the other under this
ngreement, the Parties agree that trial of such action shall be vested exclusively in the
stite courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
Severabilitv. lf a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provislons of this Agreement not so
greement, the prevailing
to any other relief to which
same action or in a
10.3
Village GeoConsulting Services Agreement betlveen Fallon
Environmental, lnc.
for
logic Hazard Abatement District and Olberding
Last revised 112117 120181
Page 11 of 14
10.2
adjudged shall remarn in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of an y breach of a specific provision of this
Agreement does not constrlute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties
10.6 Use of Recyc led Products.Consultant shall prepare and submit all reports, written
studies and other pnnted material on recycled paper to the extent it is available at equal or
Iess cost than virgin paper,
10.7 Conflict of lnterest. Consultant ma y serve other clients, but none whose activities within
the corporate limits of GHAD or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any GHAD official in the work performed pursuant to this
Agreement. No officer or employee of GHAD shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official ofthe GHAD. lf Consultant was an employee,
agent, appointee, or official of the GHAD in the previous 12 months, Consultant warrants
that it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 etseq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the GHAD for
any sums paid to the Consultant. Consullant understands that, in addition to the
foregoing, it may be subject to criminal prosecution for a violation of california Government
Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office
in the State of California.
At GHAD's sole discretion, Consultant may be required to file with the GHAD a Form 700
to identify and document Consultant's economic interests, as defined and regulated by the
Californii Fair political Practices Commission. lf Consultant is required to flle a Form 700,
Consultant is hereby advised to contact the Dublin GHAD Clerk for the Form 700 and
directions on how to prepare it.
'10.8 Solicitation. Consultant a grees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials
Consulting Services Agreement between Fallon Village
Envrronmental, lnc,
for
logic Hazard Abatement Districl and Olberding
Last revised 112117 120181
Page 12 of 14
Geo
10.9 Co ministration. This Agreement shall be administered by District Engineer
("Contract Administrato/'). All cofrespondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notjce to Consultant shall be sent to:
Olberding Environmental, lnc,
Attention: Jeff 0lberding
'193 Blue Ravine Road, Suite 165
Folsom, CA 95630
Any written notice to GHAD shall be sent to:
Fallon Village Geologic Hazard Abatement District
Attention: Dishict Engineer
'1 00 Civic Plaza
Dublin, CA 94568
10.11 lnteqration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, and B represents the entire and integrated agreement
between GHAD and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B lndemnification
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between Fallon Village Geo
Environmental, lnc.
logic Hazard Abatement District and 0lberding
Last revised 112117 120181
for Page 13 of 14
The Parties have executed thrs Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
FALLON VILLAGE
GEOLOGIC HAZARD ABATEIVENT DISTRICT OLBERDING ENVIRONIVENTAL, INC
ristopher L. F OSS,GHAD it/anager rding, Wetland Regula ntist
Attest:
)Consultant's DIR Registration Number
(if applicable)
Caroline Soto, GHAD Clerk
Approved as to Form:
Adam Lindgren, GHAD Attorney
A"* t
Consulting Services Agreement between Fallon Village
Environmental, lnc.
for
Geologic Hazard Abatement Dtstrict and 0lberding
Last revised 112117 l2019l
Page 14 of 14
4
The Parties have executed this Agreement as ofthe Effective Date. The persons whose signatures appear
below certiry that they are authorized to sign on behalf of the respective party.
FALLON VILLAGE
GEOLOGIC HAZARD ABATEIVENT DISTRICT
Christopher L. Foss, GHAD l/anager
Attest:
Caroline Soto, GHAD Clerk
Approved as to Form:
Adam Lindgren, GHAD Attorney
OLBERDING ENVIRONIVENTAL. INC.
Jeff 0lberding, Wetland Regulatory Scientist
Consultant's DIR Registration N umber
(if applicable)
Consulting Services Agreement behveen Fallon Village Geologic Haza
Environrnental, lnc.
rd Abatement District and 0lberding
Last revised 11 1 129 12018]1
_for_Page 14 of 14
i.,
EXHIBIT A
SCOPE OF SERVICES
Scope of Services as described in the Olberding Environmental Proposal dated l\4arch 1, 2018 (attached)
Consulting Services Agreement between Fallon Village
Environmental, lnc,
for
Geologic Hazard Abatement District and Olberding
Last revised 112117 12018)
ExhibitA-Pagel ofl
OLBERD IflGEN\IR INC
Wetland Regulation and Permitting
March 1, 2018
Mr. Eric Harrell
ENGEO Incorporated
2010 Crow Canyon Place, Suite 250
San Ramon. CA 94583
Subject: Jordan Ranch Pond Repair - Biological Services and Permitting Proposal
Dear Mr. Hairell:
Thank you for contacting Olberding Environmental, krc. (Olberding Environmental) regarding
the need for professional environmental consulting services associated with biological surveys
and preparation/coordination of environmental permits for the Jordan Ranch Pond Repair Project
(Project), located in Dublin, Califomia.
i have prepared the following scope of work to assist rn the assessment ofbiological constraints,
hgluding sensitive habitats (wetlands and riparian), special-status species on or directly adjacent
to the subject property ald regulatory permiuing. We will conduct surveys ofthe Project site,
identifui-ng both state and federally listed threatened or endangered wildlife and plant species.
Results ofour work will be provided in a report presented in hard copy and electronic format
(PDF).
Upon completion of the surveys listed above, Olberding Environmental will assist in obtaining
federal and state authorizations from:
o U.S. Army Corps of Engineers (Corps), Nationwide Permit:
. Regional Water Quality Control Board (RWQCB), Section 401 Water Quality Certification;
o Califomia Department of Fish and Wildlife (CDFW), Streambed Alteration Agreement.
It is assumed that we will be able to utilize the original Biological Opinion and lncidental Take
Permits.
I appreciate this opportunity to provide my services. H you have any questions, please feel free
to contact me at (916) 985-1188.
Sincerely,
Jeff Olberding
Wetland Regulatory Scientist
i9i Blue Ravine Road. Suite 165 Folsom.CA956i0 Ofllce: (916)985-1188 Fax: (916)985-2288
Email: Jelf@rolberdingenv.com
/4/c/t4."=-,/ // --,'J.'/.
(-,/
EXHIBIT A
SCOPE OF WORK
I. TASKS
Task l: Corps Wetland Delineation
Olberding Environmental will conduct field surveys and observations of existing conditions and
make a technical evaluation as to the extent of the Corps jurisdiction within the identified project
site. Olberding Environmental, usirg the methods set forth in the Corps 1987 wetlands delineation
manual, Arid West methodology and subsequent official regulatory guidance on the use of the
manual and Corps regulations, will determine if wetlands or other types of waters of the United
States are present within the proposed project boundary.
The acreage of all potential jurisdictional wetland./waters areas will be determined, and a single
techdcal report and map will be prepared that includes all methods, assumptions and results in terms
ofacreage ofpotential jurisdictional wetlands/waters. Al1 wetlands/waters ofthe United States found
will be mapped at a scale of 1in - 100 ft and descnbed in the technical report offindings prepared in
accordance with Sacramento District (Corps) requirements (base maps are to be provided by the
client). The final product will identify areas potentially regulated by the Corps. Olberdi-ng
Environmental will be responsible for the submittal of the report and map to the Corps upon
approval by the client.
Olberding Environmental will coordinate with the project engineer in the preparation of a final map
to be subrnitted with the draft report. The fi-nal product will identifz areas potentially regulated by the
Corps. Olberding Envhonmental will be responsible for the submittal of the report and map to the
Corps upon approval by the Client. A draft copy of the reporl will be submitted for review and
cornment. Upon receipt of comments on the draft document, a final jurisdictional report and map
will be prepared. This task hcludes one revision of the repod and map, if required by the Corps.
Olberdirig Environmental will visit the site with the Corps to facilitate their formal jurisdictional
determination mandated by Section 404 of the Clean Water Act (CWA). Olberding Environmental
will participate in the Corps field review for verification purposes and will conduct negotiations and
prepare responses to relevant questions as necessary prior to the ofhcial written determination.
Task 1 Deliverables
Draft and Fhal Formal Delineation Report and Map
2
JORDAN RANCH POND REPAIR
BIOLOGICAL/PERNIITTING SER\'ICES
DUBLIN, CAIIFORNIA
Task 2: Biological Constraints Assessment
Olberding Environmental will conduct a review ofexistrng information regarding wildlife resources,
special-status species and their habitats on or adjacent to the Properry. A current assessment ofthe
site will be conducted to determine if biologically sensitive habitats are present within the site
boundaries that may be suitable for use by any rare, threatened or endangered species. In particular,
the evaluation will focus on habitat utilized by species identifred in a Califomia National Diversity
Data Base (CNDDB) search and former reports as potentially occurring on site. Olberding
Environmental will coordinate with the Client, CDFW, and US Fish and Wildlife Service (JSFWS)
to determine the potential presence of special-status species in the vicinity ofthe site if required.
Olberding Environmental staff will conduct field recoruraissance surveys to evaluate biological
habitats for special-status plant and animal species. A report incorporating all existing and recently
obtained information will be prepared and submitted to the Client. A draft copy ofthe report will be
submitted for review and comment. Upon receipt of comments on the &aft document, a final
biological resources analysis report will be prepared. Electronic copies ofthe repot (pdf) will also be
provided to the client.
The suwey included in this task is a general habitat evaluation survey to determine if suitable habitat
exists for any special-status species. lfsuitable habitat exists for a particular special-status species, a
species specific survey would be required. Systematic or protocol site surveys for rare, threatened or
endangered species of fauna would be required in a separate scope ofwork.
Task 2 Deliverables
Draft and Final Biological Constraints Assessment Report
Task 3: U.S. Army Corps of Engineers, Section 404 Permitting Support
The Corps regulates the discharge of dredged or fill material into waters of the United States,
ircluding wetlands, under Section 404 of the federal Clean Water Act (CWA Section 404). The
Corps issues general permits, including Nationwide Permits, for categories of similar activities with
minimal environmental impacts, both individually and cumulatively. For projects that do not fall
under a general permit containing minimal impacts the Corps issues Individual Permits
Based on current preliminary estimates of permanent impacts to waters of the U.S., the proposed
Project will require authorization under the Corps Nationwide Permit Program. To qualify, the
Project must meet the specific terms of the Permit Program, and the Sacramento District regional
conditions. These terms include amount of fill of jurisdictional wetlands/waters following the
verihcation of the delineation.
3
Olberding Environmental will assist the Client with obtaining pennit approvals from the Corps for
placement of frll in wetlands/waters of the United States. A permit application will include the
Prqect description, the wetland delineation, cultural & histonc inventory resources report (prepared
by others), and biological assessment as well as any other supplemental information necessary for a
complete application. It should be noted that in order to obtain a permit from the Corps, a conceptual
wetland/waters mitigation plan will be required.
Also included is correspondence with the USIWS to obtain a current listing of endangered,
threatened and candidate species potentially occurring within the Project area; and correspondence
with the State Historic Preservation Offrce (SHPO) for a listing of any historic or prehistoric
resources which may be present in the Proj ect area. Olberding Environmental will provide
coordhation with a cultural resource consultant (cultural consultant to be contracted with separately)
to prepare a submittal to SHPO to obtain a Section 106 determination regarding cultural resources.
The Client will ensue that all evaluations or other related information related to the Project be made
available to Olberdhg Environmental for this submittal.
A formal permit application package will be presented to the corps upon approval by the client. A
draft copy of the application will be submitted for review and comment. Upon receipt of comments
on the draft document, a final Nationwide Permit application will be prepared. Olberdfug
Environmental will coordinate all aspects of permit procurement with the Client and/or
representative.
Task 3 Deliverables
Draft and Final Nationwide Pennit Application
Responses to Information Queries from Corps
Responses to Proposed Temrs and Conditions in draft Section 404 permit
Task4:RegionalBoardSection40lWaterQualityCertificationandWasteDischarge
Requirements SuPPort
cwA Section 401 requires that any discharge ofdredged or fill material into waters ofthe United
States,includingwetlands,notviolatestatewaterqualitystandardsAssuch'waterquality
certification must be obtahed from RWQCB before coRPS can issue a permit under cwA Section
404fortheProject.Toobtaincertificatron,anapplicationmustbesubmitted.TheRWQCB
requiresafeewiththeapplicationandacertifiedCEQAdocumenttocompleteitswaterquality
certification review.
olberding Environmental will compile the necessary information and submit a complete application
packagetoRWQCB,alongwiththecertif,rcationfeeprovidedbytheClient.BecauseanErosionand
Sediment Control plan and Storm Water Pollution Prevention Plan will likeiy be needed to receive
4
Task 5: CDFW Streambed Alteration Agreement Application Support
A 1602 streambed alteration agreement, in compliance with Sections 1600-1616 of the Califomia
Fish and Wildlife Code, is required from the CDFW whenprojects will substantially divert, obstruct,
or change the natural flow ofa river, stream or lake, substantially change the bed, charmel, or bank of
a river, stream, or lake, or use material from a streambed. To obtain an agleement, a notification
package must be submitted. CDFW requires a fee with the notification and a certified CEQA
document to complete its review.
Olberding Environmental will compile the necessary information and submit a complete notification
package to cDFW, along with fee provided by the client. A draft of the notification will be
fumished to the Client for review before submission to CDFW
On behalf of the Client, Olberding Environmental will coordilate with CDFW to answer questions,
address concems and otherwise keep the review processes on track. Olberding Environmental will
work with the CDFW to finalize the 1602 streambed alteration agreement, including conditions
It should be noted that in order to obtain a permit from the CDFW, a wetland/waters/riparian
mitigation plan will be required. As the nature of that plan cannot be fully determined at this time
5
certification, Olberding Environmental assumes that a copy will be provided by the Client for
submission with the application.
In addition, as part of the pemrit process, the RWQCB will require detailed stormwater treatment
designs in compliance with the Alameda County Stormwater NPDES permit and the "C.3" provision
of the permit. Olberding Environmental presumes that the Project's engineers will develop all
related designs and provide them to Olberding Environmental for inclusion in the application and
that they will be responsible for changes in designs to satisfy the concems of the RWQCB.
On behalf of the Client, Olberding Environmental will coordinate regularly with RWQCB to answer
questions, address concerns and otherwise keep the review processes on track. Olberding
Environmental will work with the RWQCB to fmalize the permit including conditions.
It should be noted that in order to obtain a pemit from the RWQCB, a conceptual wetland/waters
mitigation plan will be required.
Task 4 Deliverables
Draft 40 l'WQCNVDR Application
Final 40 I WQC 1MDR Application
Responses to Information Queries from RWQCB
Responses to Proposed Terms and Conditions il draft RWQC,{IIDR
(e.g. on-site, off-site, etc.), this scope does not include design of the necessary mitigation itself.
Olberding Envirorxrental can provide.
Task 5 Deliverab les
Draft SAA Application
Final SAA Applicatioo
Responses to Information Queries from CDFW
Responses to Proposed Terms and Conditions in draft SAA
Task 6: Prepare Conceptual Mitigation Plan
Utilizing atl relevant information, Olberding Environmental will prepare a general level conceptual
on-site mitigation/monitoring plan for wetland, riparian and endangered species habitat restoration
and/or creation. This plan will incorporate impacts associated with the Project, taking into
consideration mitigation requirements ofthe regulatory agencies. The conceptual plan will include
discussion ofissues conceming site location, assessment, design, preparation, planting, maintenance,
and monitoring with the regulatory agencies to secure a suitable mitigation site. This plan is a
general plan that will require further refmement during the prepalation of a detailed
mitigation/monitori:ng plan if required by the agencies. A draft copy of the mitigation/monitoring
plan will be submitted for review and comment. Upon receipt of comments on the &aft document,
the conceptual plan will be prepared and submifted to the agencies'
Task 6 verabl
Draft Conceptual Mitigation and Monitoring Plan
Final Conceptual Mitigation and Monitori-ng Plan
Responses to Information Queries from agencies
Task 7: Project Management and Meetings
olberding Environmental will participate in meets with the client and agencies concernilg
biological surveys, report preparation, and permit applications. olberding Environmental will also
pr"p-" fo. and coordinate site inspections with the Client and agenciesThis task includes
coordination with the Client in the preparation of all described documents. Jeff olberding will attend
all meetings and assist in presenting the proposed Project design to the attending agency
representatives. Mr. Olberding will develop a dialog through questions and answers to obtain the
perspectiveofeachagencyrepresented.olberdingEnvironmentalwillalsomakefollowupcontact,
if n""".rury, to resolve unanswered questions or unresolved issues that may arise We will also be
available to make presentations if necessary. olberding Envtonmental will conduct coordination
5
with relevant environmental $oups and regulatory agencies with permit or regulatory jurisdiction
with respect to the Project. This task also includes management ol the Project as it relates to
permittirg.
Task 8: Construction Supervision and Biological Monitoring
General Biological Monitoring
Olberding Envtonmental will provide a Project Biologist (PB) who will monitor ail relevant project
construction activities to minimize impacts to wildlife, creek channel and riparian resources during
construction. A final compliance report will be prepared and submitted to the Client and/or agencies
at the conclusion of the co6truction monitoring activities, Olberding Environmental will provide a
single C onstruction Monitoring Report (CMR) which includes the logs of daily monitoring activities.
The CMR will be completed and submitted by the lead proj ect biologist. These reports will include a
list ofnames, titles, and companies ofpersons preparing the report, as well as all participants in the
monitoring activities. Activities covered in this report include results of the daily surveys for
special-status species, exclusion fence surveys, and dailymodtoring activities. A draft CMR will be
sent to the Client at the conclusion ofconstruction monitoring activities. Upon receipt ofcomrnents on
the draft document, a final CMR will be prepared and submitted. Since the approximate amount of
monitoring time is not available, this task will be performed on an hourly rate basis whichfollows the
requirements of the original Biological Opinion and krcidental Take Permit. Applicable per diem,
equipment and materials will be billed as reimbursable.
Theproposed budget isbasedon a l week(S day) construction schedule. This budget and monitoring
schedule will be evaluated with the Client and contractor, however; it is assumed that biological
monitoring will be initiallyperformed at 8 hours a day, 5 dals a week (Monday - Friday). This scope also
covers the preparation ofthe requted report.
Pre-Construction Boundary Establishment
olberding Environmental will assist in the delineation of riparian, sensitive species habitats and other
biologically sensitive areas within or adjacent to the proposed project work areas. Prior to
construction, olberding Environmental will conduct field identification of project boundaries
(flagging/staking) identifuirg the extent of the work area relative to the existmg creek, riparian
boundary or other sensitive habitats. The work boundarymaybe determined in consultation with the
Client and contractor. Olberding Environmental will identifuall areas mentioned above byflaggrng or
staking the boundary of the work area and adding a minimum setback buffer to those areas to be
avoided by all equipment and personnel ifnecessary. These activities will be coordinated with the
construction supervisor to ensure that all project work areas, access routes, equipment staging areas,
haul routes, and filI locations are properly identified in the lreld prior to the commencement ofany
constructionactivity.Tlustaskassumesthatapproximately4hourswillberequiredtoperformthis
1
task item in advance ofthe construction start date
Fence Installation
Olberding Envtonmental will provide a PB during all barrier fence installation at the project site.
Our PB will be responsibility for monitor all vegetation clearing associated with fence hstallation.
The riparian corridor and/or sensitive habitat areas will be separated from the development project
area by a buried silt fence and orange construction fencing. Olberding Environmental will ptovide
oversight and direct supervision of all biological barrier fence installation activities. AII fence
installation will be conducted by a fencing contractor to be independently contracted with by the
Client. The fencing contractor will be responsible for all materials and installation- Olberding
Environmental's PB will communicate directlywith the fencing contractor regarding schedules, etc. As
stated above, the PB will be responsible for supervising and monitoring the fencing contractor's
installation ofthe fence to ensure that all fencing is installed correctly and in the right location.
Monitonng will be performed by the PB to ensure that the fence has not been talrlpered with by
animals (e.g. raccoons, dogs, and possums), vandals, or individuals trespassing on site. Monitoring
inspections will be recorded on log sheets and constitute a written record to indicate that the
contractor is taking steps to protect the fence from damage or tampering. Anyproblems noted (such
as downed fences, holes in fences and eroded areas around doors) are recorded. The PB will also
conduct minor repairs when required. Ifrepairs cannot be performed by the PB the original fencing
contractor will be contacted So that repairs can be performed as soon as possible. An area within the
open space buffer between development activities and the barrier fence shall be fenced at all times
during construction with bright orange construction fencing to ensure that no i-ntrusion occurs in
these areas adj acent to the riparian corridor. This task assumes that approximately 4 hours will be
required to perform this task item in advance of the construction start date'
Pre-Construction Education
olberding Environmental',s PB will present a pre-construction educational session for all members of
the work crews regarding conditions in the MND associated with special-status animals and habitat
requirements for amphibian species, the importance ofstream shading and the adverse effects oftoxic
substances and sediment entering the stream channel. The PB will also educate the corstruction crews as
to the importance of the habitat on-site, ensure unintended impacts do not occur' and that
construction practices minimize temporary construction-related impacts to the riparian habitat and
creekhabitat. The pB will also educate the construction crews as to the importance ofthe habitat on-
site,ensureunintendedimpactsdonotoccur,andensurethatconstructionpracticesminimize
temporary construction-related impacts to the riparian and creek habitat. The PB will provide
additionaleducationalsessionsattherequestoftheconstructionsupervisorforallnewworkers.
8
A.l1 conskuction supervisors, foreman and construction crew leaders shall be givan a copy of a
Special-Status Species Avoidance Manual, which is to be prepared specifically for this project. A
written statement or signatue shall be obtained from each individual verifting that they have read and
understand the contents of the document. A copy shall remain on site during all construction
activities. This task assumes that approximately4 hours will be requted to prepare the Special-Status
Species Avoidance Manual and presetrtation at the kickoffltailgate.
Task 8 Deliverables
Draft and Final Formal Monitoring Repon
Construction Monitoring PamPt et
[. SCOPEANDCOSTASSUMPTIONS
The cost estimate for this scope of work is based on the following assumptions
The Client will provide a copy of all previously prepared biological documents, including back
ground, baseline or survey reports;
The Client will provide two copies of all CEQA documentation including Initial Study, Mitigated
Negative Declaration and Notice of Determination;
The Client will provide CADD files (.dwg or .dxf) for the Project designs, includirg those used to
generate site plans, in a coordinate system or shape files;
The Client will provide 30% design sets to Olberding Environmental in a timely manner to support
permitting and will provide electronic mapping data as needed to support permit processing and
respond to informational queries;
The Client will continue to provide access to the Project site;
The Client will provide all frling and pemrit fees;
This scope does not include preparation ofan Erosion and Sediment Control Plan (ECSP) and/or a
Stormwater Pollution Prevention Plan (SWPPP); This scope does not include any support associated
with actually obtaining mitigation land, negotiattng with mitigation banks, designing on-site or off-
slte mitigation, preparing draft conservation easements, preparing conservation easement
managementplans,establishingescrowaccountsformanagementfunds,orobtainirrgathird-party
land management firm although advice on the above topics is included within the scope (although
this can be provided pursuant to a separate scope);
This scope does not include the preparation of altemative site plans or economic analysis for a
404(bX1)AltemativeAnalysis.Ifrequiredthisdocumentwouldbepreparedunderaseparatescope
and budget;
CulturaUHistorical documents are to be prepared by subconsultants
amended following the idtial site visit and frndings determination;
9
The scope and budget maY be
This scope assumes processing agency applications for all properties collectively (single project
covering the development ofall parcels collectively). Iflhe project is to be split into separate projects
a revised scope can be prepared:
This scope does not include support for any other permits not specifically mentioned in this scope;
All meetings are assumed to be two hours in length.
III. PERMITTINGSCIIEDULE
Olberding Environmental will work to support the Client's schedule in terms of preparing and
submitting permit documents, the permit process is not entirely under the control of Olberding
Environmental and schedule is heavily influenced by the actions of the regulatory agencies, their
determinations, and the availability of limited staff to process permit applications. The table below
provides a sequence and timeline of each pernrit application process, and how they relates with each
other.
Agency Permit/
Authorization
Time
Frame
(months)
Requirements For Approval
US Army Corps of
Engineers
Nationwide Permit 4-6 401 Certification
Culturaltlistoric Properties
Mitigation Proposal
Endangered Species Act
Compliance
Califomia Dept. of Fish
ard Wildlife
Streambed Alteration
Agreement
CEQA
Mitigation Proposal
Regional Water Quality
Control Board
401 CertAVaiver of
Waste Discharge
Requirements
3-6 CEQA
Mitigation Proposal
Storrnwater Plan
10
4-5
IV. ESTI}L{TED CONIPLETION DATES A\D COSTS
Olberding Envtonmental wili compile the necessary documentation and coordinate with appropriate
parties to provide the following services as close as possible to the estimated schedule and to bill on
a time and material basis not to exceed the estimated costs indicated below.
Code Task
Estimated
Completion
Date (Days
from receipt of
authorization
to proceed)
Estimat€d
Cost
Task
1
WETLAND DELINEATION
Obtain and review baseline material;
Conduct field studies;
Prepare maps & figures;
Prepare report and other materials;
Respond to comments on report;
Coordinate rvith client and or representadves:
Coordinate with agencies;
Obtail Corps verifrcation.
3 0 days $5,500
Task
2
BIOLOGICAL CONSTRAINTS ASSESSMtrNT
Attend meetings;
Obtain and revie,, baseline material;
Review existing documents;
Conduct site recoffIaissance survey's;
Conduct botanical survey;
Prepare survey report and map;
Coordinate with client and/or entatrve
3 0 days s,1,500
Task
3
U.S. ARMY CORPS OF ENGINEERS, SECTION 404
PER}IIT SUPPORT
Obtain and review baselhe material;
Prepare and submit Nationwide Permit application material;
Respond to comments;
Coordinate with Client and/or representative; and
Coordinate with c1es.
45 days s4,800
Task
4
REGIONAL WATER QUALITY CONTROL BOARD
SECTION 401 WATER QUALITY CERTIFICATION
AND WASTE DISCHARGE REQUIR.EMENTS
SUPPORT
Obtain and review baseline material;
Prepare and submit Section 401 application material;
Respond to corffnents;
Coordinate with Client and/or representative; and
Coordinate with agencies.
45 days s5.500
11
Estimated
Cost
trstimated
Completion
Date (Days
from receipt of
authorization
to roceed)
TaskCode
45 days s3,500
Task
5
CALIFORNIA DEPARTMENT OF FISH AND
WILDLIFE STR.EAMBED ALTER{TION
AGREEMENT SI.,?PORT
Obtain and review baseliae material;
Prepare and submit Section SAA application material;
Respond to comments;
Coordinate with Client and/or representative; and
Coordinate with a CS
s3,50045 da]s
Task
6
PREPARE CONCEPTUAL MITIGATION PLAT\
Obtain and reyiew baseline material;
Conduct freld sfudies;
Prepare plans for review;
Prepare report and other materials for review;
Coordinate with client and/or representatives; and
Coordinate with a CICS.
$2,500Open
PROJECT MANAGEMENT AND MEETINGS
Obtain and review baseline material;
Prepare for and attend meetings and site visits;
Respond to comments;
Prepare for and make presentation to agencies;
Coordinate with Client and/or representative; and
Coordinate with cles.
Task
7
s6,500Open
Task
8
CONSTRUCTION SUPERVISION & BIOLOGICAL
MONITORING
Conduct ecological monitoring (assumes 1 week)
Identift and flag work boundaries;
Supervise fence installation and construction activities;
Conduct workers education sessions;
Prepare required monitorilg reponl
Coordinate with Client and/or representative; and
Coordilate with s
$3 00TOTAL
t2
V. SCHEDLTI,E OF FEES _ 2018
SI,JBCONSULTANTS
AII subconsultant work will be billed at cost plus 10%
ACKNOWLEDGED
PERSON\EL C.\TEGOR}'HOLTRLY
RA.TE
01: Principal s 190.00
02. WetlandsRegulatorySctentist/Regulatory Compliance Specialist $ 175.00
03 Senior Environmental Planner/Project Manager/Senior
Biolo strCE ANEPA Coordinator
s 150 00
04 RestorationEcologisVSeniorBotanistl[j tigation Engineer $ 1,10.00
05: Certified Wildlife Biologi st{Herpetolo gist/Ecolo gist $ 125.00
06 Scientist/Wetlands Specialist/Biologist/Fisheries s i 00.00
07: AutoCAD/ GIS Specialist s90.00
08: Biologi cal Morutor,Fisheries Research Assistant s 100.00-s75.00
09: Technical Editor/ Technical AssistanVAdmhistrative Assistant s70.00
[Authorized S ignature]IDate]
13
DIRECT EXPENSES
Duect Expenses - Billed at cost plus 10%
Transportation Rates - Current IRS Federal standard mileage rate.
Four-wheeI drive l0dlmile additional.
Travel Per Diem - Cunent IRS Federal standard rate.
Field Equipment - Billed at cost plus 10%
BioIoeist'Botanist/Soil Scientist
EXHIBIT B
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to GHAD, and hold harmless GHAD and its
officers, elected officials, employees, agents and volunteers from and against any and all liability, loss,
damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of
litigation) (collectively, "Liability') of every nature arising out of or in connection with Consultant's
performance of the services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of GHAD
Notwithstanding the forgoing, to the extent this Agreement is a 'construction contract" as deflned by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determrnes that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the GHAD. lf the Consultant fails to accept or rgect a tender of
defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the
money due the Consultant under and by virtue of this Agreement as shall reasonably be constdered
necessary by the GHAD, may be retained by the GHAD until disposition has been made of the claim or suit
for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs flrst.
Consulting Services Agreement between
Environmental, lnc.
for
logic Hazard Abatement District and Olberding
Last revised 112117 120181
ExhibitB-Pagel ofl
Fallon Village Geo
ft'#D\H/
a0 tgt lH!#.
Olberding Environmental, lnc.
Endorsement Number: 6
Automatic Waiver of Subrogation Endorsement
This endors€meDt effecrive 9/li20l8 athches to aod forms a parl ofPolicy Number
FEI-ECC-I1476-06. This etrdonemeDt chaDges the.Policy. Please rcad lt carefully.
This endorsement modifics insurance provided under the following:
COMMERCIAL CENERAI LL{BILITY CO\'ER{CE PART
CONTRACTORS POLLUTION LIABILITY COI.ERAGE PART
Name ofPerson or Organization:
Any person(s) or organiT2fion(s) to whom the Named Insured agrees, in a
written contract, to provide a rvaiver of subrogation. However, this stanrs
exish only for the projcct specified in that contract-
Under no circumstaoces shall this endorsomcnt act to extend the policy period,
change the scope of coverage or increase the Aggrcgate Limits oflnsrance shown
in the Declarations.
ECC-320-O712
SCIMDULE
The Company waivcs any right ofrccovery it may have against tbe person or
orgadzalion sholyn in the above Schedule bccause olpayments the Company
makes for injury or damage arising out of lhe insured's wotk done under a conb'act
u/itb tbat person or organization. The waiver applies only to the person or
organizafiou in the above Schedule
&*i-1\
's}1-,/
^Dfl'IIM'
Olberding Environmental, lnc.
Endorsement Number:5
Automatic Additional Insured - Owners, Lessees or Contractors
This endorsement- effective 9/l/2018 attaches to and forms a part ofPolicy Number
FEI-ECC-l 1476-06. This cndorsemcnt changcs the Policy Please rcad it oorefully'
In consideration of an additional premium of$Aoolied. this endorsement
modifies iusurance provided under the following:
CONIIIIERCIA-L GEI\ ERAL LLdBILITY COVERAGE PART
CONTRACTORS POLLUTION LIi\BILITY COVERAGE PART
SCHEDULE
Namc of Pcrson or Organization:
Any person(s) or organization(s) rvhom the Named lnsured agrees' in a
writen conh?ct, to name as an addilional insured However, this status
exists only for the project specified in that contmcl'
The person or organ2ation shown in this Schedule is included as an insured' bul
oDly witb rcsPect lo that person's or organization's vicarious liability arisirg out
of- your ongoing operations performed for that insured'
ECC-319-0712
.*,(f#+)'v/
aaflutlw'
Olberding Environmental, Inc.
Endorsement Number: 16
Automatic Primary and Non-Contributory
lnsurance Endorsement
Designated Work Or Project(s)
This cndorseinent, effective 9/l/2018 aftaches to and tbrms a pafi of Policy Number
FEI-ECC-l1476-06. This erdorsement changes the Policy' Please read ir carefully'
This endorsement modifies insurance provided under rhe Coverage Part(s)
indicated below:
COMMERCIAL GENERAL LLA.BILITY COVERAGE
CONTLA.CTORS POLLUTION LIABILITY COVERAGE
P ROFESSIONAL LIABILITY COVERAGE
Namc ofPerson or Organization.
Any person(s) or organization(s) whom the Nomed Insured agrees' in a w tteD
."J,,iii, i" i-"i0.-Prirnary and/or Non-contributory status of this insurance'
Hor"u.i, thit stanrs exists only for the project speciied in that contract
In consideration ol an additional premium ol $APnlied and nolwitbstanding
anl,thing contained in rhis policy to the conrrary' it is hereby agreed that this
poli"y ,hull b"
"oosidered
primary to any similar insurance held by third parties
in respect to work perfomred by you under any written contraclual agreement
with such third party. ll is further agrced that any other i-nsurance which the
person(s) or organization(s) named in the schedule may bave is excess and non-
contributory to this insurancs'
ECC-548-0317
SCHEDULE