Loading...
HomeMy WebLinkAboutItem 4.2 - 1276 Approval of Consultant Services Agreement f Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 10, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Geosyntec Consultants for Assistance with Green Infrastructure Planning and Stormwater Resource Plan Evaluation Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The City Council will consider approval of a an Agreement with Geosyntec Consultants to assist Staff with the conceptual development of the Green Infrastructure Work plan as described in the Municipal Regional Stormwater Permit provisions, including providing preliminary green infrastructure project identification and budget analysis. In addition, Geosyntec Consultants will assist the City in evaluating the benefits of developing a stormwater resource plan. STAFF RECOMMENDATION: Adopt the Resolution Approving the Consultant Services Agreement with Geosyntec Consultants for Assistance with Green Infrastructure Planning and Stormwater Resource Plan Evaluation. FINANCIAL IMPACT: Sufficient funds are available in the Environmental Services Program budget for Fiscal Year 2016-17. DESCRIPTION: The reissued Municipal Regional Stormwater Permit (MRP), of which the City of Dublin is a co-permittee, went into effect on January 1, 2016. The MRP includes a new requirement for each permittee to prepare a Green Infrastructure Plan that demonstrates it can meet targets for the amount of impervious surfaces to be retrofitted with green infrastructure by 2020, 2030, and 2040, in accordance with mercury and polychlorinated biphenyls load reduction requirements in Provisions C.11 and C.12 of the MRP. Green infrastructure allows for the management of stormwater using vegetation, soils, cisterns, and natural processes. At the citywide level, green infrastructure refers to the patchwork of natural areas that provides flood protection, cleaner water, and other benefits. At the neighborhood or site level, green infrastructure Page 2 of 2 refers to stormwater management systems that mimic nature by soaking up and storing water (also referred to as low impact development, or LID). Green Infrastructure Plans are intended to: Set goals for reducing, over the long term, adverse water quality impacts of urbanization on receiving waters; and Serve as an implementation guide to provide reasonable assurance that pollutant load allocations in MRP Provision C.11 and C.12 will be met. The green infrastructure planning process will account for: Past projects, as indicated in the MRP; Planned and potential projects required to include green infrastructure (private development and capital improvements); and Identification of additional projects for which Green Infrastructure may be required in order to meet impervious surface area retrofit targets. By June 30, 2017, a Green Infrastructure Framework for completing the City of Dublin’s Green Infrastructure Work Plan must be approved by City Council. The Green Infrastructure Work Plan must be completed by June 30, 2019. Geosyntec Consul tants will assist the City as it begins the Green Infrastructure planning process. Separately but related, California Water Code section 10560 requires the development of a Stormwater Resource Plan and compliance with the provisions in the section to receive grant funds from any bond act approved by the voters after January 1, 2014 for stormwater and dry weather runoff capture projects. Geosyntec Consultants will provide technical assistance to conduct an evaluation into whether it would be beneficial for the City to complete a Stormwater Resource Plan or functionally equivalent document to better position the City for grant funding opportunities to implement projects which will help meet Green Infrastructure requirements. Staff completed a Request for Proposal (RFP) process in the months of November and December, 2016 to hire a consultant to assist with Green Infrastructure planning and a Stormwater Resource Plan evaluation. Six responses to the RFP were received. Staff interviewed the two most qualified firms, based on recent work projects, experience with the MRP Green Infrastructure requirements, and cost proposals. Geosyntec Consultants is the consultant selected as a result of that process with a not -to-exceed budget of $85,000 over the contract term ending August 31, 2017. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was sent to Geosyntec Consultants. ATTACHMENTS: 1. Approving a Consultant Service Agreement between the City of Dublin and Geosyntec Consultants for Green Inf rastructure Planning and Stormwater Resource Plan Evaluation, with Agmt Attached 1 RESOLUTION NO. xx-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSULTANTS FOR GREEN INFRASTRUCTURE PLANNING AND STORMWATER RESOURCE PLAN EVALUATION WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for consultant services for Green Infrastructure Planning and Stormwater Resource Plan evaluation; and WHEREAS, Staff reviewed and selected the most qualified firm to complete the Green Infrastructure Planning and Stormwater Resource Plan Evaluation ; and WHEREAS, the City has accepted a proposal from Geosyntec Consultants; and WHEREAS, the term of the Agreement shall begin on January 10, 2017 and shall end on August 31, 2017; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Consultant Services Agreement with Geosyntec Consultants; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Consultant Services Agreement on behalf of the City Council, attached hereto as Exhibit “A.” PASSED, APPROVED AND ADOPTED this 10th day of January, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor 2 ATTEST: _______________________________________ City Clerk 3 Exhibit A to the Resolution CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSTULTANTS, INC. This Agreement is made and entered into between the City of Dublin (“City”) and Geosyntec Consultants, Inc. (“Consultant”) as of January 10, 2017 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on August 31, 2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to 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 City’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 Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant’s profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, 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 City of such desire of City, reassign such person or persons. 1.4 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 Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $85,000.00, 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, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City 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 City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in 4 the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. 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 Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  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;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any 5 expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In 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 executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. RESERVED 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 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. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 6 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure “occurrence coverage” insurance 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. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain 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. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those 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 Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has 7 been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit 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 scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. 8 c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $250,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide 9 extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests’ rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and 10 shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self - insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:  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 with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. 11 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, 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 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 12 7.4 Licenses and Permits. Consultant represents and warrants to City 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 City 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 legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, 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 employment, 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 Agreement, 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. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the 13 maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional 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 prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, 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 finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, 14 studies, specifications, records, files, or any other documents or materials, 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 City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It 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 specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential 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 any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 15 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain 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 any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. 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 Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City 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 City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve 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 Government Code §1090 et.seq., 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 City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For 16 additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Geosyntec Consultants, Inc. Nancy Bice, Senior Principal 900 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 Any written notice to City shall be sent to: The City of Dublin Attn: Gary Huisingh 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 17 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 10th day of January, 2017. CITY OF DUBLIN CONSULTANT ____________________________ ______________________________ Christopher L. Foss, City Manager Nancy Bice, Senior Principal Attest: _____________________________ Caroline Soto, City Clerk Approved as to Form: ______________________________ John Bakker, City Attorney EXHIBIT A SCOPE OF SERVICES . Exhibit A SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource Plan Task 1 – Kick-off Meeting As part of Task 1, Geosyntec will conduct a kick-off meeting with the City’s Project Manager to discuss: 1) the goals of the project; 2) proposed methodology to complete the scope; and 3) proposed workflow and schedule. The objectives for the meeting will be to obtain an understanding of the project goals, as well as the available data related to past, current, and planned development projects and any efforts conducted by the City which may contribute to the GI planning effort. Geosyntec will prepare a meeting agenda and handouts for discussion prior to the meeting. Deliverables: Kick-off meeting with meeting agenda and handouts. Task 2 – Develop GI Analyses Methodology and Data Needs Memorandum Following the discussion with the City regarding data availability and analyses methodologies in the kick-off meeting, Geosyntec will develop a memorandum to describe the analyses methodologies that will be used to: 1. Estimate the total impervious area needed to meet the City’s portion of the load reductions required by the MRP using GI (e.g., 0.7 grams per year by 2020 and 18 grams per year by 2040 for PCBs); 2. Identify existing public and private development projects (MRP 1.0 C.3 projects), current public and private development projects (MRP 2.0 C.3 projects), and potential future private development projects (2020 – 2040); 3. Estimate the public impervious retrofit area needed to meet the City’s portion of the PCBs and mercury load reductions, if needed based on the C.3 project analysis; and 4. Identify potential public parcel-based and regional project locations. The methodology to identify the public impervious area targets (#3) and potential GI retrofit locations is anticipated to entail a combination of GIS analyses and load reduction calculation. Public Impervious Area Targets for Retrofit or Redevelopment During the kick-off meeting, Geosyntec will discuss with the City how best to incorporate the spreadsheet tool developed for ACCWP member agencies (distributed in August 2016) to quantify the area of impervious surface that must receive GI stormwater treatment to meet the TMDL wasteload allocations in the MRP. The method for establishing public impervious area targets is proposed to entail identification of two estimates of retrofit and/or redevelopment area: 1. Approximating the total area needed to be redeve loped or retrofit to meet the load reduction targets for years 2020 and 2040 by land use category (i.e., 28 acres of Old Urban area would meet the City’s PCBs-related GI requirement for 2020 and 681 acres would be required by 2040 per the spreadsheet tool default inputs). 2. Identifying the public and private parcels or areas that could feasibly be retrofitted or redeveloped by 2020, 2030, and 2040. Identifying the area needed from a load-reduction perspective can be answered by utilizing the ACCWP GI Implementation Tool. Any approach will entail identification of all C.3 projects that are currently or will be implemented in the City and an estimation of the extent to which C.3 projects could be implemented by 2040. Geosyntec will discuss with the City the best approach to understand what data are available to identify specific parcels or areas that could be subject to C.3 requirements during the kick-off meeting. Once the load reduction associated with the C.3 projects has been calculated, the difference bet ween the required load reduction and the C.3 load reduction can be used to calculate the required retrofit area. The total area feasibly retrofitted or redeveloped, from a total available area and cost perspective, will be discussed with the City during the kick-off meeting, and a method to identify this total area will be established in the memorandum. This method may include a cost-based analysis along with other data gathering steps. The cost -based analysis method is anticipated to be either qualitative or on a planning level, using rough approximations for cost/acre/year. The methodology for this total area analysis will be discussed during the kick -off meeting and documented in the memorandum. The analyses will be carried out as part of Task 3. Public Retrofit Projects and Regional Projects for MRP Term 2.0 The approach proposed to identify potential regional or public GI retrofit project locations is anticipated to entail a detailed GIS desktop analyses used to identify specific parcels or locations for regional facilities within the City for GI retrofit project opportunities. ACCWP is developing an online GIS Tool that could be used to identify and prioritize opportunities for C.3.j projects. This GIS Tool, if available in time, will be used in combination with any other desktop analyses conducted as part of this task. At the project kick-off meeting, Geosyntec will discuss how to best incorporate this GIS Tool into the analysis or alternatives if the Tool is not available in time for this project. It is anticipated that the GIS analyses will use specific characteristics of parcels to screen for feasible project locations. Parcel data will be obtained from the City or other publicly available sources. Geosyntec will also utilize this approach to eval uate opportunities for installing regional controls (i.e., facilities that treat drainage from multiple parcels), potentially in combination with existing flood control basins, if present. The GI retrofit sites identified as potentially feasible through the GIS analysis can then be analyzed in terms of potential for reduction of POC loads and runoff volume for the area tributary to each potential retrofit location. The evaluation will be based on a hydrologic budget combined with land use-based pollutant loading. Ideal locations are those where GI control measures could be installed that can treat higher pollutant- loading land uses, such as old industrial and old urban, as well as those that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. The approach to identifying public retrofit project sites and regional project sites will be documented in the memorandum produced as part of this Task, and carried out as part of Task 4. Memorandum Based on discussions with the City during the kick-off meeting, Geosyntec will document the proposed approach to conducting the two main analyses identified (i.e. calculating total area targets, and identifying public GI retrofit and regional project locations) in a technical memorandum. The memorandum will be provided to the City in draft form for review, and a conference call will be set following City review to discuss any major questions or revisions the City may have. This memorandum will a lso be revised as needed and incorporated into the final Project Documentation as part of Task 6. The memorandum will serve to guide the analyses conducted as part of Tasks 3 and 4. Data Needs An initial data needs document will be sent to the City as an attachment to the draft Memorandum. The initial data needs will be based on the discussions with the City and the content in the draft memorandum; however, it will be updated as needed based on comments received from the City and changes incorporated into a final Data Needs request. The GIS files required to conduct the analyses are anticipated to include land use, existing stormwater and flood control infrastructure, parcel ownership, tributary information, and available information regarding site constraints, such as geotechnical hazards, groundwater contamination, underground utilities, or other data. Any of this information contained within the ACCWP GIS Tool provided is not anticipated to be requested from the City. Deliverables: Draft GI Analyses Methodology Memorandum, Initial Data Needs request, Conference Call, Final Data Needs request. Task 3 – Identify Public Impervious Area Targets for Retrofit or Redevelopment Utilizing the data, ACCWP spreadsheet tool, and methodology documented in the GI Analyses Methodology Memorandum, the targets for public impervious surfaces to be retrofitted or redeveloped by 2020, 2030, and 2040, as connected to mercury and PCB load reduction requirements in MRP Provisions C.11 and C.12 will be calculated. The result of these analyses are anticipated to provide an estimation of the total area needed to be retrofit or redeveloped as well as the total area feasibly retrofit or redeveloped by the target dates. The area targets will be summarized in a table and planning level map and shared with the City. Deliverables: Target area calculation result table, planning level map. Task 4 – Identify Retrofit Projects and Regional Projects Utilizing the methodology summarized in the GI Analyses Methodology Memorandum, ACCWP GIS Tool (if available), and data provided by the City, public and private GI retrofit projects and potential regional project locations will be identified. Prior to initiating the analyses and/or as part of Task 3, Geosyntec will work with the City to identify existing, planned, or potential GI projects that should be included in the prioritization analysis. These identified parcels or regional facility locations will then be prioritized based on their implementation feasibility and load reduction potential, utilizing the approach documented in the GI Analyses Methodology Memorandum. Ideal locations are those where GI BMPs could be installed that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. GI BMPs should also target areas that are comprised of higher pollutant -loading land uses, such as industrial, commercial or transportation land uses. To examine load reduction potential, the methodology described in the GI Analyses Methodology Memorandum will be used along with the ACCWP GIS Tool (if available). It is anticipated that this analyses will include an estimation of the hydrologic volume potentially captured by the proposed site (using available tributary area data) along with the potential pollutant load from adjacent land-uses. Geosyntec’s preliminary analysis of land use data shows that there are less than 9.8 acres of Old Industrial land uses within the City; however, there are approximately 2,058 acres of Old Urban land uses. Geosyntec will also examine locations where opportunistic retrofits could be implemented which may not meet the target design storm volume (due to site conditions/constraints), as allowed by the Draft Framework for GI Plan Development, but could result in some hydrologic or water quality benefits. The results of the prioritized analysis will be delivered to the City in a list of potentially feasible GI project sites, as well as a planning-level map of project locations. The map will indicate the identified site locations, the volume that could be captured based on the hydrologic calculations conducted using available data, the land use types draining to the site locations, and a baseline estimate of load tributary to the sites. Following delivery, the sites will be discussed with the City to eliminate any sites that are infeasible. Deliverables: List and map of potential GI project locations, including baseline estimate of tributary load. Task 5 – Cost Analysis and Memorandum Following delivery of the target area calculation list and map, as well as the list and map of potential GI project locations, Geosyntec will schedule an in-person meeting or conference call with the City of Dublin to discuss the best approach for developing a cost estimate for implementing the GI Plan, including O&M of GI projects. At this time, cost data needs will also be discussed and/or delivered to the City. Geosyntec will utilize cost data provided by the City as well as available cost data obtained from other regions that have implemented GI, including extensive data from Los Angeles County Enhanced Watershed Management Plans, to examine costs. Cost data requested from the City to conduct the analysis is anticipated to include construction costs from GI projects that have been implemented, as well as O&M costs or annual budgets, coupled with estimations of hours spent maintaining GI sites. The City cost data will be extrapolated using cost data from other regions to estimate the planning level costs of implementation of GI over MRP Term 2.0, as well as the time ranges from 2020 to 2030, and 2030 to 2040. The cost data will be documented in a short memorandum along with a summary of the calculation approach. Deliverables: In-person cost discussion meeting and data needs; Cost Analysis Memorandum including estimated costs for implementation and description of calculation approach. Task 6 – Modification of Countywide Clean Water Program GI Details for City Standards Geosyntec will also meet with the City to discuss changes to the ACCWP GI Details to meet the City Standards. This meeting could take place at the same time as the cost meeting or could be scheduled as a subsequent conference call. Prior to the meeting, Geosyntec will review applicable City Standards (stormwater standards as well as additional standards identified by the City) which could affect the details. Geosyntec will discuss with the City the changes needed for the details and will utilize CAD to make the changes to the files. Draft CAD detail files will be submitted to the City for review and comment. Based on feedback from the City, Final CAD detail drawings (in CAD and pdf) will be submitted to the City. This task assumes that the City or ACCWP will provide Geosyntec with the original CAD files that will be revised. Deliverables: Meeting or conference call to discuss details; Draft GI Details; Final GI Details. Task 7 – Final Documentation Geosyntec will compile the memoranda, tables, maps, and figures from Tasks 2 through 6 and develop documentation to summarize the project methods and findings. The documentation will be prepared consistent with the format included in the Framework for Green Infrastructure Plan Development (ACCWP, 2016, currently DRAFT) and anticipated planning documents. The documentation developed as part of this scope will be prepared with the intent of being directly utilized in the City’s Green Infrastructure Workplan document. Deliverables: Draft documentation summarizing the project methods, findings, and compiled result figures and tables; final documentation summarizing the methods and findings and compiled result figures and tables. Task 8 – Identify Additional Needs for SWRP As part of Task 8, Geosyntec will review plans and reports relevant to the SWRP prepared for and provided by the City. Then, using a comparison table, the work needed to complete the GI Plan will be compared to the water code requirements for the SWRP to understand the additional analyses and SWRP text that will be needed. A summary of the additional needs for the SWRP will be provided to the City of Dublin for discussion. Based on the requirements above, they are anticipated to include but are not limited to: 1. A more comprehensive summary of City watersheds and the water quality priorities for those watershed (in addition to the TMDL POCs); 2. A summary of Plan consistency or integration with GI Plan and MRP Requirements; 3. Identification of projects which could meet multiple benefits (not just reduction of TMDL POCs), including flooding, water supply, and other environmental and community benefits, using input from stakeholders and an expanded GIS analysis; 4. Prioritization of projects based on a multiple benefit approach (not just reduction of TMDL POCs); 5. Expansion on GI Plan-required implementation strategy and schedule to include additional projects; and 6. Expansion on Education and Outreach. An estimate of effort associated with the development of the SWRP will also be developed and provided to the City. Deliverables: Table comparing SWRP requirements to GI Plan requirements; Estimate of additional effort needed to complete SWRP. Task 9 – Analysis of Stormwater Capture Project Feasibility For Task 9, Geosyntec will conduct a desktop analysis to examine the feasibility of implementing stormwater capture projects in the City. These include projects that use stormwater and urban runoff as a water supply either directly via surface storage, or indirectly through groundwater recharge. The approach is anticipated to include an analysis of potential stormwater supply sources, as well as an examination of possible integration of stormwater sources to optimize yield, and a planning level investigation of where and how to transport, treat, and store the captured stormwater. Water storage and/or recharge locations are anticipated to be identified using a GIS-based feasibility analysis. Parameters which affect feasibility may include but are not limited to: d rainage; parcel ownership; geotechnical constraints; soils and geology; depth to groundwater; transport feasibility; treatment capability; runoff quantities; environmental considerations; community impacts; aesthetic concerns; and others. Feasibility data will be requested and obtained from the City, the ACCWP Tool, or other publicly available sources discussed with the City. Following receipt of data, Geosyntec will conduct an analysis to identify feasible stormwater capture project locations in GIS. Based on the watershed area and imperviousness obtained from available data, an estimate of the total runoff that could be captured in the identified project locations can be calculated. The identified locations will be displayed in a map format and the methodology used to identify the locations (which will be similar to that developed for Task 4), will be summarized in a memorandum. In addition to a map of locations, Geosyntec will include a section in the memorandum which describes example stormwater capture technology, and identify potential project partners that could design, install, and maintain (if needed) the technology. Deliverables: Map of potential stormwater capture locations; memorandum describing methods, potential stormwater capture technologies, and potential project partners. Task 10 – Project Management and Meetings This task provides the overall management of the project. Immediately upon award of the contract, the Geosyntec PM will develop a Project Administration Plan (PAP) based on discussions with the City. This task will also include conference calls and other communications that Geosyntec has with the City that are not specifically called out in tasks above. These are anticipated to include phone meetings that occur as needed for projec t coordination or to discuss emerging issues that require prompt attention. Deliverables: Project Management; Client Communication. Exhibit B December 28, 2016 EXHIBIT B COMPENSATION SCHEDULE Exhibit B December 28, 2016 EXHIBIT B COMPENSATION SCHEDULE Project Schedule The project will begin January 11, 2017 and the scope will be completed by August 31, 2017, with an estimated 7-month total duration. Task Anticipated Completion Date 1 – Kickoff Meeting and Prep January 20, 2017 2 – GI Analyses Memo and Data Needs February 28, 2017 3 – Identify Impervious Area Targets February 28, 2017 4 – Identify Projects for MRP Term 2.0 April 30, 2017 5 – Cost Analysis April 30, 2017 6 – GI Details May 31, 2017 7a – draft of Final documentation May 15, 2017 7b – Final Documentation May 31, 2017 8 – Identify Additional Needs for SWRP June 30, 2017 9 – Analysis of Stormwater Capture Project Feasibility August 31, 2017 10 – Project Management August 31, 2017 Project Budget The budget for completion of tasks outlined in the scope of work included as Exhibit A is included in the Table following. A Geosyntec rate schedule is included at the end of this section. Cost estimates are provided on a time and materials basis with a total budget of approximately $85,000. The budget assumes the following: Exhibit B December 28, 2016 1. Data needed for the analyses conducted as part of Tasks 3, 4, 5, 8, and 9 will be provided by ACCWP or the City of Dublin unless stated in Exhibit A, in the GI Analyses Methodology Memorandum, or specific discussions with the City that data will be obtained or provided by Geosyntec. 2. There will be no more than two (2) in-person meetings with the City. 3. The Draft ACCWP Framework for GI Plan Development and associated tools will not change to the extent that they would cause subst antial changes to the proposed budget. 4. CAD files of details which require modification will be provided by ACCWP or the City to complete Task 6. Budget Summary Table Task Total Labor Cost 3% Communications Fee Total Task Budget 1 - Kickoff Meeting and Prep $1,872 $56 $1,928 2 - GI Analyses Memo and Data Needs $8,914 $267 $9,181 3 - Identify Impervious Area Targets $7,924 $238 $8,162 4 - Identify Public Projects $11,154 $335 $11,489 5 - Cost Analysis and Memo $6,950 $209 $7,159 6 - GI Details $7,626 $229 $7,855 7 - Final Documentation $9,278 $278 $9,556 8 - Identify Additional Needs for SWRP $4,398 $132 $4,530 9 - Analysis of Stormwater Capture Project Feasibility $18,012 $540 $18,552 10 - Project Management $6,372 $191 $6,563 Total Project Budget $82,500 $2,475 $84,975 Exhibit B December 28, 2016 Budget Detail Table Exhibit B December 28, 2016 Position/ Rate Senior Principa l $278 Principa l $248 Senior Enginee r $222 Project Enginee r $195 Enginee r $172 Sr. Staff Enginee r $149 Admin $76 Total Hours Total Cost Task 1 - Kickoff Meeting and Prep 2 4 4 10 $1,872 2 - GI Analyses Memo and Data Needs 1 4 2 8 12 24 51 $8,914 3 - Identify Impervious Area Targets 2 4 4 40 50 $7,924 4 - Identify Public Projects 1 2 4 8 8 44 67 $11,15 4 5 - Cost Analysis and Memo 1 2 2 4 8 24 41 $6,950 6 - GI Details 2 6 40 48 $7,626 7 - Final Documentation 1 4 4 8 8 24 8 57 $9,278 8 - Identify Additional Needs for SWRP 1 2 8 12 23 $4,398 9 - Analysis of Stormwater Capture Project Feasibility 1 4 8 12 86 4 115 $18,01 2 10 - Project Management 28 12 40 $6,372 Total Labor Hours 6 24 12 86 64 286 24 502 Labor Subtotal $1,668 $5,952 $2,664 $16,770 $11,008 $42,614 $1,824 $82,50 0 Communication Fee (3% of Labor Total) $50 $179 $80 $503 $330 $1,278 $55 $2,475 Exhibit B December 28, 2016 Total $1,718 $6,131 $2,744 $17,273 $11,338 $43,892 $1,879 $84,97 5 Exhibit B December 28, 2016 GEOSYNTEC CONSULTANTS RATE SCHEDULE Rate/Hour Staff Professional $128 Senior Staff Professional $149 Professional $172 Project Professional $195 Senior Professional $222 Principal Senior Principal $248 $278 Engineering Technician I $ 80 Engineering Technician II $ 85 Senior Engineering Technician I $ 95 Senior Engineering Technician II $100 Site Manager I $105 Site Manager II $115 Construction Manager I $125 Construction Manager II $135 Designer $139 Senior Drafter/Senior CADD Operator $125 Drafter/CADD Operator/Artist $109 Project Administrator $ 76 Exhibit B December 28, 2016 Clerical $ 54 Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 24 Personal Automobile (per mile) Current Gov’t Rate Photocopies (per page) $ .10 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.