HomeMy WebLinkAbout5001-6000 Emails and Calendars1
From:Cohen, Rachel
Sent:Monday, August 26, 2024 3:42 PM
To:Kevin Harris
Cc:Hill, Robert; Tyler Benson; Bryce Engstrom
Subject:Time Extension
Attachments:TIME-0444-2024 (614 Monterey) Final Approval Letter.pdf
Hi Kevin-
Attached is the Time Extension Approval letter for SLO Rep Theatre. Your new project expiration date is August 28,
2025. Please review the letter and let me know if you have any questions.
Sincerely,
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kevin Harris <kevinharris@slorep.org>
Sent: Tuesday, August 13, 2024 6:28 AM
To: Cohen, Rachel <rcohen@slocity.org>
Cc: Hill, Robert <rhill@slocity.org>; Tyler Benson <tb@edwardscongroup.com>; Bryce Engstrom <brycethearchitect@gmail.com>
Subject: RE: SLO REP update 8.8
Thanks, Rachel- this invoice has been paid online.
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
2
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
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SLO REP is a proud member of:
From: Cohen, Rachel <rcohen@slocity.org>
Sent: Monday, August 12, 2024 2:32 PM
To: Kevin Harris <kevinharris@slorep.org>
Subject: RE: SLO REP update 8.8
Hi Kevin-
I have created an invoice for the Minor Use Permit Time Extension. The invoice number is 00036684. The link to the
portal is: https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home
Cheers,
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kevin Harris <kevinharris@slorep.org>
Sent: Friday, August 9, 2024 3:17 PM
To: Cohen, Rachel <rcohen@slocity.org>
Subject: RE: SLO REP update 8.8
Sounds good- have a great weekend!
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
3
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
Facebook | Instagram | Blog | Twitter | YouTube
SLO REP is a proud member of:
From: Cohen, Rachel <rcohen@slocity.org>
Sent: Friday, August 9, 2024 3:16 PM
To: Kevin Harris <kevinharris@slorep.org>
Subject: RE: SLO REP update 8.8
Hi Kevin-
I’ll create the invoice and send it to you Monday.
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kevin Harris <kevinharris@slorep.org>
Sent: Friday, August 9, 2024 3:05 PM
To: Cohen, Rachel <rcohen@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>
Cc: Bryce Engstrom <brycethearchitect@gmail.com>; Tyler Benson <tb@edwardscongroup.com>
Subject: RE: SLO REP update 8.8
No problem- do you have an invoice # so I can look it up and pay online? Thanks!
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
4
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
Facebook | Instagram | Blog | Twitter | YouTube
SLO REP is a proud member of:
From: Cohen, Rachel <rcohen@slocity.org>
Sent: Friday, August 9, 2024 10:05 AM
To: Kevin Harris <kevinharris@slorep.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>
Cc: Bryce Engstrom <brycethearchitect@gmail.com>; Tyler Benson <tb@edwardscongroup.com>
Subject: RE: SLO REP update 8.8
Thank you for the update Kevin.
In working on your time extension, I realized that as part of your project you also received a minor use permit (for a
theater in the Downtown Commercial Zone). This is a separate entitlement and thus a separate time extension request
and fee is required. I was so focused on the architectural discussion that I overlooked this other entitlement that was a
part of the project. The time extension for the use permit has a fee of $979.61. I can utilize what you have already
submitted for the time extension for the architectural approval, but will need to receive payment of this additional fee to
process the time extension for the use permit. Once you get building permits in / approved, the use permit will be
vested and will not have to be renewed.
Please let me know if you have any questions.
Sincerely,
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kevin Harris <kevinharris@slorep.org>
Sent: Thursday, August 8, 2024 4:06 PM
To: Cohen, Rachel <rcohen@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>
Cc: Bryce Engstrom <brycethearchitect@gmail.com>; Tyler Benson <tb@edwardscongroup.com>
Subject: SLO REP update 8.8
Hi folks,
Just wanted to let you know where we are. We overnighted the original sample to CeraClad that we’d like color-matched,
and they’re working on it and will overnight the physical sample to u as soon as it’s done.
5
We’ve been in contact with Tarlton Plaster and they are working on samples of both the SAFFRON and DAISY ORANGE-
will be sending them to us as soon as they’re done.
We’re looking at numbers and determining what exactly is possible with the $125k we’ve currently allocated for these
exterior entitlement revisions. Should have a package and complete sample selection for you all to check out within 7-10
days.
Thanks- let me know if you have any questions!
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
Facebook | Instagram | Blog | Twitter | YouTube
SLO REP is a proud member of:
From: Kevin Harris <kevinharris@slorep.org>
Sent: Tuesday, July 30, 2024 1:27 PM
To: 'Cohen, Rachel' <rcohen@slocity.org>; 'Tway, Timothea (Timmi)' <TTway@slocity.org>; 'Hill, Robert' <rhill@slocity.org>
Cc: 'Bryce Engstrom' <brycethearchitect@gmail.com>; 'Tyler Benson' <tb@edwardscongroup.com>
Subject: RE: SLO REP EnƟtlement Renderings/Comparisons 7.26
Hi! Thursday is no good, but Tuesday, August 6 at 1:00 PM works for me. Should we meet at the theatre again?
Please let me know if there are any other materials you would like to see before next Tuesday. Thanks!
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
6
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
Facebook | Instagram | Blog | Twitter | YouTube
SLO REP is a proud member of:
From: Cohen, Rachel <rcohen@slocity.org>
Sent: Tuesday, July 30, 2024 12:01 PM
To: Kevin Harris <kevinharris@slorep.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>
Cc: Bryce Engstrom <brycethearchitect@gmail.com>; Tyler Benson <tb@edwardscongroup.com>
Subject: RE: SLO REP EnƟtlement Renderings/Comparisons 7.26
Hi Kevin-
That is great news! I have checked Timmi’s and Bob’s calendars and the following times are open for us:
Thursday August 1st: 2-3pm
Tuesday, August 6th: 1-2pm
Do either of these times work for you?
Thanks,
Rachel Cohen
pronouns she/her/hers
Senior Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kevin Harris <kevinharris@slorep.org>
Sent: Tuesday, July 30, 2024 7:47 AM
To: Cohen, Rachel <rcohen@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>
Cc: Bryce Engstrom <brycethearchitect@gmail.com>; Tyler Benson <tb@edwardscongroup.com>
Subject: SLO REP EnƟtlement Renderings/Comparisons 7.26
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Hello Rachel, Timmy, and Bob,
Please see the attached packet containing updated comparison renderings of the SLO REP Theatre. I’m happy to let you
know that shortly after our meeting on July 18th, a potential vendor (Ceraclad) responded to an earlier inquiry and
overnighted physical samples to our design team. The update renderings reflect the incorporation of these new rainscreen
paneling systems.
7
We would love to schedule an in-person meeting to talk through the new renderings and show you the physical samples of
all proposed materials. Please let us know your availability.
Thanks for your continued partnership, and talk to you soon!
Kevin Harris
(he/him/his)
Managing ArƟsƟc Director
www.slorep.org
SAN LUIS OBISPO REPERTORY THEATRE
Unforgettable Characters. Extraordinary Stories. Since 1947.
Facebook | Instagram | Blog | Twitter | YouTube
SLO REP is a proud member of:
City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org
August 26, 2024 Sent via email
Kevin Harris
SLO Rep Theatre
888 Morro Street
San Luis Obispo, CA 93401
SUBJECT: TIME-0444-2024 and TIME-0477-2024 – Time extensions for ARCH-0221-
2022 / ARCH-0415-2019 / USE-0416-2019 (614 Monterey Street / 609 Palm
Street)
Dear Kevin Harris:
Thank you for your submittal of a time extension request on July 30, 2024, for the following
entitlements: ARCH-0221-2022 / ARCH-0415-2019 / USE-0416-2019. The current request for
a time extension is the first received for the above-referenced entitlements.
On November 5, 2019, the City Council originally approved a new performing arts facility
and use permit, with an addendum to a Certified Environmental Impact Report (Council
Resolution No. 11059 (2019 Series)) for entitlements ARCH-0415-2019 and USE-0416-2019.
On September 16, 2022, the Community Development Director reviewed and approved
modifications to the previously approved SLO Rep Theatre building (ARCH-0415-2019) that
include the removal of the basement, second floor, roof deck, and one tree and increased the
first floor by approximately 940 square feet.
Entitlements ARCH-0415-2019 / USE-0416-2019 were set to expire on November 5, 2020,
and entitlement ARCH-0221-2022 was set to expire on September 16, 2023. However, on
March 4, 2020, the Governor proclaimed a State of Emergency as a result of the threat of
COVID-19. On March 17, 2020, the City Council adopted Resolution 11099 (2020 Series)
proclaiming a local emergency and affirmed and continued its proclamation of local
emergency to extend through the duration of the declared State of emergency. On June 16,
2020, Council adopted Resolution No. 11131 (2020 Series) that tolled the expiration of all
discretionary approvals from the declaration of the pandemic emergency (beginning March
17, 2020). On July 6, 2021, Council adopted Resolution No. 11264 (2021 Series) that granted
various enforcement moratoriums and permit extensions, including planning applications, for
the purpose of economic recovery and the protection of the public health, safety, and welfare.
Council adopted Resolution 11396 (2023 Series), effective on February 28, 2023, terminating
the Declaration of a Local Emergency for the COVID-19 Pandemic that provided an 18-month
time extension for discretionary approvals that ends on August 28, 2024.
Based on your timely request for an extension, I hereby grant a one-year extension to your
project, subject to the original findings and conditions as defined in Council Resolution No.
TIME-0444-2024 / TIME-0477-2024 – (ARCH-0221-2022 / ARCH-0415-2019 / USE-0416-2019)
614 Monterey Street / 609 Palm Street
Page 2
11059 (2019 Series) and the final approval letter from the Director dated September 16, 2022.
The architectural review and use permit approvals will now expire on August 28, 2025.
Pursuant to Zoning Regulations Section 17.104.070 (Expiration), the architectural review
entitlement will expire if building permits are not issued prior to the expiration date identified
above. Upon written request, received prior to expiration, the Community Development
Director may grant renewals of an approval for successive periods of not more than one year
each, up to a total of three years (this entitlement has two, one-year time extensions
remaining). Requests beyond three years are subject to review by the Planning Commission.
If you want to keep the project active after the entitlements expire, then you must start the
process over by submitting a new application and plans and paying the required fee(s).
If you have any questions, please contact Rachel Cohen by telephone at (805) 781-7574 or by
email at rcohen@slocity.org.
Sincerely,
Tyler Corey
Deputy Director
Community Development
8
From:Cohen, Rachel
Sent:Tuesday, August 13, 2024 8:26 AM
To:Corey, Tyler
Subject:Time Extension SLO Rep MUP
Hi Tyler-
SLO Rep submitted an application and payment for a Time Extension request for their MUP: TIME-0477-2024 (614
Monterey St.) https://energov.slocity.org/energov_prod/manageplan/#/plan/3bb3e5bb-ce89-44a3-b115-
5cc2db7c979c/details?null
I plan to wrap this request into the approval letter for the architectural approval time extension (TIME-0444-2024).
Thanks,
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
9
From:Cohen, Rachel
Sent:Wednesday, August 7, 2024 3:23 PM
To:Corey, Tyler
Subject:Two new time extension applications
Follow Up Flag:Follow up
Flag Status:Completed
Categories:z NOW
Hi Tyler-
Two new time extensions were submitted:
- TIME-0444-2024 614 Monterey St (SLO Rep)
- TIME-0448-2024 3580 Bullock (Bullock Ranch)
Both are assigned to me and are scheduled for review on August 12, 2024.
Thanks,
Rachel Cohen
pronouns she/her/hers
Principal Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
11
From:Bryce Engstrom <brycethearchitect@gmail.com>
Sent:Tuesday, July 23, 2024 9:07 AM
To:Cohen, Rachel
Cc:Heather Gray; Kevin Harris; Sarah Evers; Nichols, Vanessa
Subject:Re: FW: Job Verification - Application 129229769
Thanks Rachel.
Sara & Heather, let me know if you need anything else to get the application moving forward.
Bryce
To help protect your privacy, Microsoft Office prevented automatic download of
this picture from the Internet. Bryce Engstrom- Architect
210 Traffic Way Suite E
Arroyo Grande, CA 93420
(805) 235-3385
On Tue, Jul 23, 2024 at 8:50 AM Cohen, Rachel <rcohen@slocity.org> wrote:
Hi Bryce-
I think it would be best to use 614 Monterey as the address for SLO Rep. I spoke with building staff and they
suggested we pick one of the existing addresses on site that makes the most sense (614 Monterey is where the
Adobe used to be and where the theatre will now be). Once you submit your building permit, they will verify and
confirm if that address works within the first round of review. The APN for the whole site is 002-412-019. As a side
note the parking garage is using 609 Palm as their address.
Cheers,
Rachel Cohen
pronouns she/her/hers
Senior Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
Stay connected with the City by signing up for e-notifications
12
From: Bryce Engstrom <brycethearchitect@gmail.com>
Sent: Tuesday, July 23, 2024 8:16 AM
To: Heather Gray <heather@gececorp.com>; Cohen, Rachel <rcohen@slocity.org>
Cc: Kevin Harris <kevinharris@slorep.org>; Sarah Evers <sarah@gececorp.com>
Subject: Re: FW: Job Verification - Application 129229769
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Morning Rachel,
Please see below from our electrical engineers. My past experience says that street addresses are not
assigned until after the initial building permit submittal, which is now going to be delayed due to the
entitlements extension.
Do we at least have an assigned APN? Or, is it all just one APN with the parking garage, since I believe we are
still just doing two buildings on one parcel?
Please advise so we don't fall behind on the progress on our PG& E application.
Thanks,
Bryce
Bryce Engstrom- Architect
210 Traffic Way Suite E
13
Arroyo Grande, CA 93420
(805) 235-3385
On Tue, Jul 23, 2024 at 7:24 AM Heather Gray <heather@gececorp.com> wrote:
Good morning, Bryce, and Kevin –
Please see attached engineering retainer invoice from PG&E with payment instructions in the forwarded email from
Shannon Flowers @ PG&E.
The following actions are required from our team to complete the filing. I’ve summarized these below with responsibility
noted. Bryce, I understand we do not yet have the project address, however, is there anything we can do to request this
preemptively? Without this information I do foresee PG&E canceling our application filing for insufficient information.
Project address [Bryce]
Pay the Engineering advance [SLO Rep]
Fill out and return the load sheet [GECE]
Spec sheet for 2000A panel [GECE]
Parcel map with the lot highlighted [Bryce]
Please let me know if you have any questions. Looking forward to your feedback.
Sincerely,
Heather Gray, PE
President and Principal Electrical Engineer
Gray Electrical Consulting + Engineering, CORP
P.O. Box #368 – 2529 Professional Parkway, Suite A
Santa Maria, CA 93456
14
P: 805.361.0525
C: 805.234.6058
heather@gececorp.com
www.GECECORP.com
Be sure to follow us!
From: Flowers, Shannon <S3B4@pge.com>
Sent: Friday, July 19, 2024 5:12 AM
To: Heather Gray <heather@gececorp.com>
Subject: Job Verification - Application 129229769
Classification: Public
Dear Heather Gray,
Thank you for being a valued PG&E Customer.
Application Number: 129229769
Address: MONTEREY STREET, SAN LUIS OBISPO
Thank you for submitting your application with PG&E.
Your project is currently in the verification stage of the process. I will be assisting you in validating the
information that you have provided and gathering initial documentation necessary to advance your project to
the next phase. At that time, it will be assigned to a project coordinator who will work with you on the rest of
the project. Please note that your project will not move forward until this verification step is completed.
Below is a list of required information based on your project work scope: list work type (ie. New
Commercial Service )
15
I Need to verify the actual address for this request in order to move this application forward
Pay the Engineering advance
Fill out and return the load sheet
Spec sheet for 2000A panel
Parcel map with the lot highlighted
I have attached the Engineering Advance Invoice for the above Project. You have two options to pay the engineering
advance:
USPS Express Service or Standard Mailing:
1. FedEx, UPS, or other Express(Overnight) Services only:
PG&E Billing Center
ATTN: CFM/PPC
885 Embarcadero Drive
West Sacramento, CA 95605
Customer Fund Management - PPC
PO Box 997340
Sacramento, CA 95899-7300
2. Pay online:
Make a one-time invoice or contract payment. Free e-check bank transfer service with bank account and
routing number
www.pge.com/ProjectPayments
On the attached invoice, you will find the Customer Number and the Invoice Number used to login and pay the invoice
16
Please note the following information below –
When your local representative has determined the full scope of work, additional Engineering Advance funds may need
to be secured
It may take up to 24 hours for your invoice to post to our website
If you decide to cancel this project once the design is complete, the engineering advance cannot be refunded
If you proceed with the project, the engineering advance will be credited to the contract and any excess will be refunded
Thank you for your attention to this.
Currently we have a 16 week lead time in our Estimating/Engineering department, getting these files to us will
help move your project along in a timely fashion. Once we receive all required information your Project
Coordinator will review the documentation and schedule a Site Visit. Please keep in mind that every project is
unique and while we are attempting to gather all necessary information, it is possible that your Project
Coordinator may request additional information based on specific project needs.
Thank you and we look forward to providing electricity and/or gas to your project.
Thanks,
Shannon Flowers
PG&E Application Verification Team
Phone: (209) 402-5545
Click here to access the PG&E Greenbook
Click here to Submit an Application
Click here to access Customer Connections Online
(BRSC) at 1-877-PGE-SRVC (1-877-743-7782) M.F.7 a.m. to 6 p.m. / All messages received will be returned by the end of next business day./ Email
communication may contain privileged or confidential information proprietary to Pacific Gas and Electric Co.. If you have received this
communication in error, we ask that you advise the sender by reply e-mail and immediately delete the message and any attachments without
copying or disclosing the contents.
You can read about PG&E’s data privacy practices at PGE.com/privacy.
29
From:Tally Richtsmeier <trichts@kitchell.com>
Sent:Monday, June 3, 2024 10:39 AM
To:Edmunson, Morgan
Cc:Ryan Stefanek
Subject:CADPS Phase 1B Plans
Attachments:CADPS Phase 1B Plans.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Morgan,
Please see aƩached Phase 1B Plans.
Thanks,
Tally Richtsmeier, Project Engineer II
Kitchell CEM
1304 Broad Street
San Luis Obispo, CA 93401
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REPORT NAME: GEOTECHNICAL ENGINEERING REPORT: PALM-NIPOMOSTREET PARKING STRUCTURE AND REPERTORY THEATERDATE:DECEMBER 13, 2019 (REVISED JANUARY 7, 2020)PREPARER:NICK ZOETEWEYLICENSE:C-79891FIRM:EARTH SYSTEMS PACIFIC4378 OLD SANTA FE ROADSAN LUIS OBISPO, CA 93401P: (805) 544-3276GEOTECHNICAL REPORTTHESE PHASE 1B SITE PREPARATION PLANS CONSIST OF TREE PROTECTION,DEMOLITION AND CLEARING.PHASE 2 (UNDER SEPARATE COVER) INCLUDE ON-SITE ROUGH GRADING,TEMPORARY AND PERMANENT SHORING, IMPROVEMENTS, BUILDINGS,PRECISE GRADING, LANDSCAPE AND ASSOCIATED FRONTAGEIMPROVEMENTS.CITY PROJECT NUMBER: GRAD-1974-2022ASSOCIATED PERMITS:ARCH-0415-2019GRAD-1653-2022 PHASE 1A - DRY UTILITY UNDERGROUNDINGDEFERRED SUBMITTALS (BY CONTRACTOR):ASBESTOS DEMOLITION / RENOVATION FORMCONSTRUCTION WASTE MANAGEMENT PLANWATER POLLUTION CONTROL DRAWINGS (WPCDs)SITE AREA OF DISTURBANCE: 1.2 ACRESWDID NUMBER: 3 40C399332PROJECT DESCRIPTIONSTORMWATER COMPLIANCEC-1.1PROJECT SITENOT TO SCALERRM CIVIL SHEETSC-1.1TITLE SHEETC-1.2GENERAL NOTESC-2.1EXISTING CONDITIONSC-2.2TREE PROTECTION PLANC-2.3DEMOLITION PLANC-9.1CONDITIONS OF APPROVALC-9.2CONDITIONS OF APPROVALC-9.3CONDITIONS OF APPROVALC-9.4CONDITIONS OF APPROVALC-9.5CONDITIONS OF APPROVALFUTUREPARKINGSTRUCTUREFUTURE SLOREP THEATREIT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR PERMITTEE TO CONTACT "UNDERGROUND SERVICEALERT" (U.S.A.) TOLL FREE AT (800) 642-2444 FORTY-EIGHT (48) HOURS PRIOR TO START OF CONSTRUCTION FORLOCATION OF POWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUND FACILITIES. CONTRACTOR ORPERMITTEE SHALL ALSO CONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OF CABLE T.V., WATER, SEWER,DRAINAGE OR UNDERGROUND FACILITIES.REFERENCE DOCUMENTS:SAN LUIS OBISPO STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS:AUGUST 2020 EDITIONALL CONSTRUCTION SHALL COMPLY WITH THE FOLLOWING CODES:2019 CALIFORNIA RESIDENTIAL CODE AND ITS APPENDICES AND STANDARDS2019 CALIFORNIA PLUMBING CODE AND ITS APPENDICES AND STANDARDS2019 CALIFORNIA MECHANICAL CODE AND ITS APPENDICES AND STANDARDS2019 CALIFORNIA FIRE CODE AND ITS APPENDICES AND STANDARDS2019 CALIFORNIA ELECTRICAL CODE AND ITS APPENDICES AND STANDARDS2019 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS2019 CALIFORNIA GREEN BUILDING STANDARDS2019 CALIFORNIA ADMINISTRATIVE CODE (CAC)TITLE 24, PART 1 CALIFORNIA CODE OF REGULATIONS (CCR)2019 CALIFORNIA BUILDING CODE (CBC)TITLE 24, PART 2 CCR BASED ON 2012 IBC AND 2016 CA AMENDMENTS2019 CALIFORNIA REFERENCE STANDARD CODETITLE 24, PART 12 CCRREFERENCE NOTESPALM STREETNIPOMO STREETDANA STREETMONTEREY STREETAPN 002-412-001 (609 PALM STREET)APN 002-412-002 (972 NIPOMO STREET)APN 002-412-003 (633 PALM STREET)APN 002-412-004 (630 MONTEREY STREET)APN 002-412-011 (970 NIPOMO STREET & 610 MONTEREY STREET)(2 ADDRESSES ON 1 APN)APN 002-412-012 (614 MONTEREY STREET)APN'S AND ADDRESSESTHE BASIS OF BEARINGS FOR THIS PROJECT IS THE CENTERLINEOF NIPOMO STREET BETWEEN FOUND MONUMENTS, BEARINGBEING N36°15'10"W PER R1.THE BENCHMARK FOR THIS PROJECT BEING CITY OF SLOBENCHMARK NO. 372, A LEAD AND TACK ON THE WESTERLYCURB 50 FEET (15 M) NORTH OF THE NWC OF NIPOMO & DANA,ELEVATION BEING 190.00 FEET (NAVD88).Reference Documents:City Standard Specifications - August 2020 EditionCity Engineering Standards - August 2020 Edition1.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR ORPERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OFNORTHERN CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48)HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OFPOWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUNDFACILITIES. CONTRACTOR OR PERMITTEE SHALL ALSOCONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OFCABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUNDFACILITIES.2.THE CONTRACTOR SHALL POSSESS A CLASS A LICENSE AT THETIME OF BID OPENING.index to planssheet no.descriptiongeneral notes:datum:san luis obispo county, californiaAPPROVED BYSPECIFICATION NO.DATESHEETBrian A. Nelson, City Engineer R.C.E. C79870 Approved DateFILE NO./LOCATIONNo. C 79870B
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PROFESSIONAL ENGINEERSTATE OF CALI
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IA CULTURAL ARTS DISTRICT PSPHASE 1B SITE PREPARATION PLANSCITY OF SAN LUIS OBISPO, CACOUNTY OF SAN LUIS OBISPOrrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 9340111/18/202290435-1B0720-02-UR19EXP. 9/30/2023December 21, 2022
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022\\RRMPZ\on-site\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-1.X Title and General Notes.dwg, C-1.2, Nov 18, 2022 3:16pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/20231.NO CONSTRUCTION SHALL START WITHOUT PLANS APPROVED BY THE CITY. THE ENGINEER SHALL BE NOTIFIED AT LEAST TWENTY-FOUR HOURS PRIOR TO STARTING OFCONSTRUCTION. ANY CONSTRUCTION DONE WITHOUT APPROVED PLANS OR PRIOR NOTIFICATION TO THE ENGINEER WILL BE REJECTED AND WILL BE AT THECONTRACTOR'S AND/OR OWNER'S RISK.2.A PRE-CONSTRUCTION MEETING SHALL BE COORDINATED BY THE CITY AND SHALL INCLUDE PERTINENT CITY STAFF. AS A MINIMUM, THE ASSIGNED BUILDINGINSPECTOR, PUBLIC WORKS INSPECTOR, NATURAL RESOURCE MANAGER, AND CONTRACT PLANNER SHALL BE INCLUDED IN THIS MEETING TO DISCUSS THE LIMIT OFPUBLIC AND PRIVATE IMPROVEMENTS AND THE CORRESPONDING INSPECTION RESPONSIBILITIES.3.ALL CONSTRUCTION WORK AND INSTALLATIONS SHALL CONFORM TO THE MOST CURRENT CITY STANDARDS AND SPECIFICATIONS, AND ALL WORK SHALL BE SUBJECTTO THE APPROVAL OF THE CITY ENGINEER.4.ALL GRADING SHALL BE DONE IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEERING REPORT (SEE TITLE SHEET FOR GEOTECHNICALENGINEER CONTACT AND REPORT DETAILS).5.RECORD PLANS ARE TO BE PREPARED AFTER CONSTRUCTION IS COMPLETED. THE CIVIL ENGINEER CERTIFYING THE IMPROVEMENTS AND PREPARING THE RECORDPLANS SHALL BE PRESENT WHEN THE FINAL INSPECTION IS MADE.6.IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATION OF ALL EXISTING UTILITIES AND IMPROVEMENTS PRIOR TO START OF CONSTRUCTION. EXISTINGUTILITIES AND IMPROVEMENTS SHOWN ON THE CONSTRUCTION PLANS ARE FROM RECORD SOURCES AND WERE SHOWN FOR DESIGN PURPOSES ONLY.7.ALL UTILITY COMPANIES MUST BE NOTIFIED PRIOR TO THE START OF CONSTRUCTION BY THE CONTRACTOR.8.CONTRACTOR TO TELEPHONE UNDERGROUND SERVICE ALERT (USA) TOLL FREE AT (800) 642-2444 A MINIMUM OF FORTY-EIGHT WORKING HOURS PRIOR TO THE STARTOF CONSTRUCTION. FOR BEST RESPONSE, PROVIDE AS MUCH NOTICE AS POSSIBLE, UP TO TEN WORKING DAYS.9.CONSTRUCTION CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR LOCATING OR HAVING LOCATED ALL UNDERGROUND UTILITIES ANDRELATED FACILITIES AND FOR PROTECTING SAME DURING THE COURSE OF CONSTRUCTION. ALL UTILITIES THAT ARE NOT A MEMBER OF USA MUST ALSO BE NOTED.10.A CITY ENCROACHMENT PERMIT IS REQUIRED. WORK REQUIRING AN ENCROACHMENT PERMIT INCLUDES BUT IS NOT LIMITED TO DEMOLITIONS, UTILITIES, WATER,SEWER, AND FIRE SERVICE LATERALS, CURB, GUTTER, AND SIDEWALK, DRIVEWAY APPROACHES, SIDEWALK UNDERDRAINS, STORM DRAIN IMPROVEMENTS, STREET TREEPLANTING OR PRUNING, CURB RAMPS, STREET PAVING, AND PEDESTRIAN PROTECTION OR CONSTRUCTION STAGING IN THE RIGHT-OF-WAY. ALL WORK LOCATEDWITHIN THE PUBLIC RIGHT-OF-WAY OR WITHIN THE JURISDICTION OF THE CITY UTILITIES AND PUBLIC WORKS DEPARTMENTS SHALL COMPLY WITH THE MOST CURRENTEDITION OF THE ENGINEERING STANDARDS AND STANDARD SPECIFICATIONS.11.CONTACT PUBLIC WORKS INSPECTION HOTLINE AT (805) 781-7200 WITH AT LEAST A 48 HOUR NOTICE FOR ANY REQUIRED ENCROACHMENT PERMIT INSPECTIONS ORFINAL INSPECTIONS.12.THE CONTRACTOR SHALL PROVIDE A LEGIBLE AND COMPLETE SET OF PLANS IDENTIFYING ALL MODIFICATIONS MADE DURING CONSTRUCTION TO THE DESIGNENGINEER FOR THE RECORD DRAWINGS.13.ANY PROPOSED DEVIATIONS FROM THE PLANS MUST BE SUBMITTED TO THE DESIGN ENGINEER FOR REVIEW AND APPROVAL, INCLUDING FIELD REVISIONS REQUESTEDBY THE CITY INSPECTOR.14.THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OR PROPER RESETTING OF ALL EXISTING MONUMENTS AND OTHER SURVEY MARKERS. ANY SURVEYMONUMENTS DESTROYED BY THE CONTRACTOR SHALL BE REPLACED IN ACCORDANCE WITH THE STATE LAND SURVEYORS ACT AND CITY STANDARDS AT THECONTRACTOR'S EXPENSE.15.ALL PROPERTY CORNER MONUMENTS SHALL BE IN PLACE AND IDENTIFIED AT THE TIME OF THE FOUNDATION INSPECTION REQUEST.16.PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL SUBMIT AND OBTAIN APPROVAL OF A PEDESTRIAN PROTECTION PLAN IN CONFORMANCE WITH THE CALIFORNIABUILDING CODE.17.A COMPACTION REPORT SHALL BE PROVIDED BY A SOILS ENGINEER STATING THAT THE BASE AND SUBGRADE WERE PREPARED IN ACCORDANCE WITH THE PROJECTSOILS REPORT.18.IF DE-WATERING IS REQUIRED, A LOW THREAT DISCHARGE PERMIT FROM CITY ENVIRONMENTAL COMPLIANCE MAY BE REQUIRED.19.CONTRACTOR SHALL PROVIDE A TRAFFIC AND PEDESTRIAN CONTROL PLAN TO BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT FOR REVIEW AND APPROVALPRIOR TO ENCROACHMENT PERMIT ISSUANCE.20.THE ENGINEER MAY REQUIRE REVISIONS IN THE PLANS TO SOLVE UNFORESEEN PROBLEMS THAT MAY ARISE IN THE FIELD.21.ANY SECTIONS OF DAMAGED OR DISPLACED CURB, GUTTER & SIDEWALK OR DRIVEWAY APPROACH SHALL BE REPAIRED OR REPLACED TO THE SATISFACTION OF THECITY.22.DIGITAL DRAWINGS OF HORIZONTAL CONTROL PROVIDED TO SURVEY FOR PURPOSE OF CONSTRUCTION.23.CONTRACTOR SHALL ADHERE TO ALL NOTES AND DETAILS PRESENTED ON THE EROSION CONTROL PLAN AND NOTES SHEETS.1.THIS EXISTING CONDITIONS AND SITE PREPARATION PLAN (DEMOLITION PLAN) WAS PREPARED FOR THE CONVENIENCE OF THE CONTRACTOR. THE ARCHITECT ANDTHE ENGINEER DO NOT REPRESENT THAT ALL ITEMS WHICH MAY REQUIRE DEMOLITION HAVE BEEN SHOWN. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TOCAREFULLY EXAMINE THE SITE AND DETERMINE WHAT MAY BE REQUIRED FOR THE PROPER EXECUTION AND COMPLETION OF THE WORK.2.DEMOLITION WORK AND ABANDONMENT SHALL CONFORM TO THE LATEST VERSION OF THE UNIFORM BUILDING CODE, TITLE 24, AND ALL WORK SHALL BE SUBJECTTO THE APPROVAL OF THE ENGINEER OF RECORD.3.NO DEMOLITION SHALL BE STARTED WITHOUT APPROVED PLANS. THE OWNER SHALL BE NOTIFIED AT LEAST 24 HOURS PRIOR TO STARTING DEMOLITION.4.THE PLANS DO NOT AUTHORIZE SITE DISTURBANCE BEYOND THE LIMITS AS REPRESENTED ON THESE PLANS UNLESS OTHERWISE NOTED.5. THE CONTRACTOR SHALL REPAIR AND/OR REPLACE ALL ITEMS DAMAGED DURING DEMOLITION AND CONSTRUCTION TO ITS ORIGINAL CONDITION OR TO THESATISFACTION OF THE CITY.6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROPER STORAGE OF ANY ITEMS TO BE RELOCATED.7. ALL ITEMS ARE THE PROPERTY OF THE OWNER. THE CONTRACTOR SHALL SALVAGE ANY ITEMS AT THE REQUEST OF THE OWNER.8. ALL DEBRIS FROM THE DEMOLITION PROCESS SHALL BE REMOVED FROM THE SITE TO AN APPROVED DUMP SITE AT THE CONTRACTOR'S EXPENSE UNLESS OTHERWISENOTED.9. ALL HAZARDOUS MATERIALS SHALL BE REMOVED PRIOR TO ANY DEMOLITION OR ACTIVITY WHICH WOULD DISTURB THAT MATERIAL BY A LICENSED ABATEMENTCONTRACTOR.10. IF ASBESTOS IS FOUND IN THE EXISTING STRUCTURES TO BE DEMOLISHED, THEN ASBESTOS MUST BE REMOVED IN ACCORDANCE WITH APPLICABLE CITY, COUNTY,STATE AND FEDERAL GUIDELINES OR REQUIREMENTS. REMOVAL OF ASBESTOS MATERIAL SHALL BE COMPLETED BY A CONTRACTOR LICENSED TO HANDLE ASBESTOSMATERIAL.11. ALL STREETS, ALLEYS, VEHICULAR WAYS, SIDEWALKS, AND HAUL ROUTES SHALL BE KEPT CLEAN AND CLEAR OF DEBRIS, DIRT AND DUST IN A MANNER ACCEPTABLE TOTHE CITY. AT A MINIMUM, THESE AREAS SHALL BE CLEANED AT THE END OF EACH WORK DAY. FAILURE TO DO SO WILL RESULT IN A "STOP WORK" NOTICE. SAIDNOTICE WILL NOT BE RELEASED UNTIL THE AREA HAS BEEN ADEQUATELY CLEANED. THE FLUSHING OF DIRT OR DEBRIS INTO STORM DRAIN OR SANITARY SEWERFACILITIES SHALL NOT BE PERMITTED.12. ALL ABANDONED UTILITIES SHALL BE MARKED IN THE FIELD AND LOCATED ON THE DRAWINGS OF RECORD BY THE CONTRACTOR WHICH WILL BE SUPPLIED TO BOTHTHE ENGINEER OF RECORD AND THE OWNER AT THE CONCLUSION OF THE DEMOLITION WORK.13. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONS OF ALL EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION. EXISTING UTILITIES ANDIMPROVEMENTS SHOWN ON THESE PLANS ARE FROM RECORD SOURCES SURVEYS. UTILITIES ARE SHOWN FOR DESIGN PURPOSES ONLY.14. DAMAGE TO EXISTING FACILITIES NOTED TO REMAIN SHALL BE CORRECTED AT THE CONTRACTOR'S EXPENSE.15. THE CONTRACTOR MUST NOTIFY ALL UTILITY COMPANIES PRIOR TO THE START OF CONSTRUCTION.16. CONTRACTOR TO TELEPHONE UNDERGROUND SERVICE ALERT (USA) TOLL FREE AT (800) 642-2444 A MINIMUM OF 48 HOURS PRIOR TO THE START OF CONSTRUCTION.FOR BEST RESPONSE, PROVIDE AS MUCH NOTICE AS POSSIBLE, UP TO 10 WORKING DAYS.17. CONTRACTOR SHALL NOT INTERRUPT ANY SERVICES OR DISRUPT THE OPERATION OF ADJACENT BUSINESSES, RESIDENTIAL AREAS OR ON-SITE FACILITIES OUTSIDE THELIMITS OF DEMOLITION.18. CONTRACTOR SHALL OBTAIN A DEMOLITION PERMIT FROM THE CITY PRIOR TO THE START OF WORK.19. THE CONTRACTOR SHALL OBTAIN AN ENCROACHMENT PERMIT FROM THE CITY PRIOR TO THE START OF WORK.20. CONTRACTOR TO REMOVE AND DISPOSE OF ALL WOOD, CONCRETE, AC PAVING, AGGREGATE BASE, AND VEGETATION AS SHOWN UNLESS OTHERWISE NOTED ONTHE PLANS.21. REMOVE TREES, TOGETHER WITH THE BULK OF THE ROOTS, TO A MINIMUM DEPTH OF 4 FEET BELOW EXISTING GRADE AND WITHIN A RADIUS OF 7 FEET BEYOND THEPERIMETER OF THE TRUNK AT GROUND LINE.22. FILL AND COMPACT HOLES RESULTING FROM TREES AND TREE STUMP REMOVAL TO REQUIRED DENSITY. FILLING SHALL NOT BE DONE UNTIL HOLES HAVE BEENAPPROVED BY THE OWNER'S REPRESENTATIVE.23. DUST CONTROL SHALL BE MAINTAINED TO THE SATISFACTION OF THE CITY AND COUNTY APCD.24. CONTRACTOR TO DISPOSE OF ALL MATERIALS PER CONSTRUCTION AND DEMOLITION RECYCLING PLAN FOR THIS PROJECT.25. PROTECT EXISTING FACILITIES OUTSIDE THE LIMITS OF DEMOLITION UNLESS OTHERWISE NOTED.26. EROSION CONTROL MEASURES SHALL BE IMPLEMENTED AND MAINTAINED TO THE SATISFACTION OF THE BUILDING OFFICIAL AND ENGINEER DURING ALLDEMOLITIONS, CONSTRUCTION AND GROUND DISTURBING ACTIVITIES.27. CONTRACTOR MUST SALVAGE TO ENGINEER UPON REQUEST ANY ITEMS WITHIN DEMOLITION AREA AT NO ADDITIONAL EXPENSE TO CITY.28.CONTRACTOR TO COMPLETE AND SUBMIT CONSTRUCTION WASTE MANAGEMENT PLAN ALONG WITH ASBESTOS DEMOLITION / RENOVATION NOTIFICATION FORMSAND ASSOCIATED FEES TO CITY OF SAN LUIS OBISPO PRIOR TO STARTING ANY DEMOLITION WORK.29.REFER TO ASBESTOS AND LEAD REPORTS PREPARED BY WEST COAST SAFETY CONSULTANTS DATED OCTOBER 14, 2022. CONTRACTOR CONDUCTING DEMOLITIONAND REMOVAL WORK SHALL HAVE REQUIRED CERTIFICATIONS AND QUALIFICATIONS IN ACCORDANCE TO APPLICABLE CODES. CONTRACTOR SHALL SAFELY ANDPROPERLY REMOVE IDENTIFIED MATERIALS IN ACCORDANCE WITH APPLICABLE CODES, REFERENCED REPORTS, CONCLUSIONS AND RECOMMENDATIONS.UTILITY NOTESGENERAL NOTESDEMOLITION NOTES1.UTILITIES SHOWN ARE ACCURATE TO THE EXTENT OF AVAILABLE RECORDS AND KNOWLEDGE. THE CONTRACTOR HAS THE RESPONSIBILITY TO VERIFY THE LOCATION OFEXISTING UNDERGROUND UTILITIES AND TO NOTIFY UTILITY COMPANIES WHEN WORKING IN THEIR PROXIMITY. PRIOR TO COMMENCING CONSTRUCTION, THECONTRACTOR SHALL POTHOLE TO VERIFY ALL EXISTING UTILITY POINTS OF CONNECTION AND ELEVATIONS. THE CONTRACTOR SHALL NOTIFY THE ENGINEER OFRECORD IF ANY DISCREPANCIES EXIST BETWEEN THE PLANS AND FIELD CONDITIONS PERTAINING TO MATERIALS, ELEVATIONS, LOCATIONS, ETC., PRIOR TOCONTINUING WORK.2.THE ENGINEERED DRY UTILITY PLANS WILL BE A DEFERRED SUBMITTAL ITEM. THE ENGINEERED DRY UTILITY PLANS SHALL BE SUBMITTED TO THE ENGINEER OF RECORD TOREVIEW FOR CONFORMANCE WITH THE APPROVED PLANS. THE DEFERRED SUBMITTAL ITEMS SHALL BE FORWARDED TO THE CITY FOR REVIEW AND APPROVAL PRIORTO COMMENCING ANY ON-SITE OF OFF-SITE UTILITY CONSTRUCTION.3.ALL WATER VALVES THAT ARE DEEPER THAN 4' SHALL BE A EQUIPPED WITH A STEEL VALVE STEM EXTENSION THAT WILL ALLOW VALVE OPERATION WITH STANDARDLENGTH VALVE KEY. VALVE OPERATING NUTS SHALL BE BETWEEN 2' TO 4' BELOW GRADE. THE STEEL VALVE STEM EXTENSION SHALL BE STEEL ONLY BY PIPE LINEPRODUCTS OR APPROVED EQUAL. PROTECT ALL BURIED METALS FROM CORROSION PER HDR CORROSION CONTROL RECOMMENDATIONS (TYP).4.THE DRY UTILITY SERVICE LINES AND BOXES SHOWN IN THESE PLANS ARE SCHEMATIC AND BASED ON PROVIDED PLANS FROM THE UTILITY PROVIDER. THECONTRACTOR IS REQUIRED TO OBTAIN THE FINAL PLANS FROM THE UTILITY PROVIDER AND VERIFY THE FINAL ALIGNMENT PER THEIR APPROVED PLANS PRIOR TOCONSTRUCTION. CONTRACTOR IS RESPONSIBLE FOR ROUTING THE SERVICE WIRE THROUGH THE CONDUIT RUNS TO PROVIDE SERVICE TO THE SHOWN EQUIPMENT.ABBREVIATIONSABAGGREGATE BASEACASPHALT CONCRETEAPANGLE POINTARVAIR RELEASE VALVEBCRBEGIN CURVEBSW/BWBACK OF SIDEWALK/WALKCBCATCH BASINCL/CL.CENTERLINE/CLASSCMPCORRUGATED METAL PIPECONC.CONCRETEDBHDIAMETER AT BREAST HEIGHT [OF A TREE]DIDRAIN INLETDIPDUCTILE IRON PIPEEGEXISTING GRADEEX.EXISTINGELEVELEVATIONFDCFIRE DEPARTMENT CONNECTIONFGFINISHED GRADEFLFLOWLINEFSFINISHED SURFACEFPFINISHED PADFWFIRE WATERHPHIGH POINTIPSIRON PIPE SIZEJTJOINT TRENCHLPLOW POINTEL.MAXIMUMMIN.MINIMUMNTSNOT TO SCALEPLPROPERTY LINEPCLPARCELPCCPORTLAND CEMENT CONCRETEPOCPOINT OF CURVE/POINT OF CONNECTIONPOTPOINT OF TANGENTPRCPOINT OF REVERSE CURVEROWRIGHT OF WAYRET. WALLRETAINING WALLRPREDUCED PRESSURERWRECYCLED WATERSDSTORM DRAINSFMSEWER FORCE MAINSLSTREET LIGHT/SERVICE LATERALSSSANITARY SEWERSTASTATIONSTD.STANDARDTBDTO BE DETERMINEDTBMTEMPORARY BENCHMARKTCTOP OF CURBTFTOP OF FOOTINGTPTOP OF PAVEMENTTGTOP OF GRATETYP.TYPICALTWTOP OF WALLUONUNLESS OTHERWISE NOTEDWWATERWSEWATER SURFACE ELEVATIONGENERAL NOTESC-1.2
APN: 002-421-001SAN LUIS
PINE4" TREE6" TREE5" TREE30" PHOENIX PALM7" TREE30" PHOENIX PALM3" TREE3" TREE3" TREE3" TREE3" TREE3" TREE4" TREE4" TREE10" TREE3" TREE18" TREE10" TREE4" TREE10" TREE3" TREE20" TREE3" TREE18" TREEN53°05'37"E 214.61'N36°28'15"W 279.70'N53°36'43"E 213.48'N36°15'10"W 281.64'SSMHRIM = 188.15'INV = 178.1'SSMHRIM = 188.13'INV = 179.4'SSMHRIM = 190.66'INV = 182.8'SSMHRIM = 193.14'INV = 178.5'SSMHRIM = 202.15'INV = 191.44'16" TREE6" TREE6" TREE16" TREE10" TREE16" TREE16" TREE40" TREE28" TREE36" OAK TREE12" TREE(3) 12" TREES12" TREE8" TREE12" TREE6" TREE2-6" TREE6" TREE10" TREE6" TREE6" TREE4" TREE8" SYAGRUS PALM30" TREE8" PALM6" TREEAPN: 002-412-003APN: 002-412-004APN: 002-412-001APN: 002-412-002APN: 002-412-011APN: 002-412-012G G G G G G G G G GGGG
GGGGGGGGGGGGGOHOH OH OH OHOHOHOHOHOH OHOHPPTCOIVFIRE HYDRANTWATER VALVEWATER METERDOUBLE DETECTOR CHECK VALVEIRRIGATION VALVEGAS METERSEWER MANHOLESEWER CLEANOUTSTREET/PARKING LIGHTPOWER POLEGUY WIRETELEPHONE MANHOLEPARKING METERSIGNCURBCURB & GUTTERRETAINING WALLFENCEAC BERMEDGE OF PAVEMENTWATER LINEGAS LINESEWER LINEOVERHEAD LINEBRICK/STONEGSLBSTREET LIGHT BOXTELTELEPHONE BOX/VAULTPEDTELEPHONE PEDESTALPGEELECTRICAL BOX/VAULTTRANSELECTRICAL TRANSFORMERCATVCABLE TELEVISION BOXUTILUTILITY BOX/VAULTWMGMWSSOHCITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022\\RRMPZ\on-site\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-2.1 Existing Conditions.dwg, C-2.1, Nov 18, 2022 3:17pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023EXISTING CONDITIONSC-2.10feet40SCALE: 1" = 20'2060EXISTING CONDITIONS LEGEND
SEVERED ROOTS
SHALL BE EXPOSED TO AIR AND SUNLIGHT FOR MORE THAN 48 HOURS.
8.PRIOR TO COMMENCEMENT OF CONSTRUCTION, CONTRACTOR SHALL OBTAIN TREE REMOVAL
PERMIT AS REQUIRED.
9.TREE REMOVAL SHOULD COMPLY WITH ALL PROVISIONS OF SLOMC 12.24.090.
TREE PROTECTION AND REMOVAL NOTES
NOTE FOR TREES # 18, 22, 25, 28,
31, 32:
EXISTING TREE WITHIN CITY
RIGHT-OF-WAY (ROW) IDENTIFIED
TO BE REMOVED SHOWN FOR
REFERENCE ONLY, SHALL BE
PRESERVED, PROTECTED AND
MAINTAINED THROUGHOUT
DURATION OF PHASE 1B, UNTIL
FUTURE PHASE 2 DEMOLITION
WORK, UNDER SEPARATE COVER.
NOTE FOR TREE #29:
EXISTING TREE TO BE
RELOCATED BY CITY TO OFF-SITE
LOCATION THAT IS TO BE
DETERMINED (TBD) BY CITY.
*
NOTE:
CONTRACTOR TO PROTECT AND
PRESERVE EXISTING TREES AND
VEGETATION ON ADJACENT
PROPERTY (TYP). REFER TO
DEMOLITION PLAN SHEET C-2.3.
**
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OHOHOHOHGMH YDWVPALM STREETDANASTREETAPN: 002-421-001SAN LUIS OBISPOCHILDREN'S MUSEUM(NOT A PART)NIPOMO STREETMONTEREY STREETMIXED-USE/ HOTEL(FUTURE PROJECT)APN: 002-421-033LEITCHERBUILDING(NOT A PART)APN: 002-412-013HAYS-LATIMER ADOBE(PRIVATE RESIDENCE)(NOT A PART)APN: 002-412-005APARTMENTS(NOT A PART)APN: 002-401-010REIS FAMILYMORTUARY(NOT A PART)APN: 002-402-015CENTRAL COASTREALTY GROUP(NOT A PART)190191191192192
199202196192189188189190191192193196191196194N36°15'10"W 281.64'N53°05'37"E 214.61'N36°28'51"W 279.70'N53°36'43"E 213.48'3333333333331133333444444666555556671010108888810999914APPROXIMATE BUILDINGENVELOPE SHOWN FORREFERENCE ONLYAPPROXIMATE BUILDINGENVELOPES SHOWNFOR REFERENCE ONLYPROPOSED TREEPROTECTIONFENCINGX XXXXXXXXXXXXX X XXXXXXXX
XXXXXXXXXXXX X 277721053555555355EXISTING OVERHEAD ELECTRICALAND TELECOMMUNICATIONFACILITIES TO BE REMOVED BYOTHERS, REFER TO PHASE 1A PLANS(UNDER SEPARATE COVER) ANDPG&E HANDOUT PACKAGE55555355533333512.9'97.2'PROTECT PORTION OFEXISTING WALL 351901911921951
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DURING PHASE 1B WORK, EXISTING WATER METER MAY BE ABLETO BE USED DURING CONSTRUCTION BY THE CONTRACTOR IFTHEY PAY FOR THE WATER. CONTRACTOR SHALL COORDINATEDIRECTLY WITH CITY AS NEEDED. DURING PHASE 2 WORK,WATER SERVICE WILL BE ABANDONED, STUBBED AND CAPPED.1111111111111111121212CONTRACTOR SHALLFIELD LOCATE SEWERLATERAL AND CLEANOUT.121013131111PROTECT AND PRESERVE EXISTING WALL IN PLACE.CONTRACTOR SHALL DETERMINE IN FIELD PORTIONOF EXISTING BUILDING FOUNDATION TO REMAIN TOPRESERVE STRUCTURAL INTEGRITY OF EXISTING WALLEXISTING 30" TREE #29 TO BE RELOCATEDBY CITY TO OFF-SITE LOCATION THAT ISTO BE DETERMINED (TBD) BY CITY.99PROTECT AND PRESERVEEXISTING WALL IN PLACE.NOTES1.DEMOLITION PLAN APPLIES TO EXISTING ON-SITE COMPONENTS, INFRASTRUCTURE,AND APPURTENANCES ONLY. ALL FUTURE PHASE 2 FRONTAGE AND OFF-SITE ITEMSARE SHOWN FOR REFERENCE.2.CONTRACTOR SHALL PROTECT EXISTING PUBLIC INFRASTRUCTURE THAT IS TOREMAIN FROM DAMAGE BY HEAVY LOADING AND/OR EQUIPMENT DURING THECOURSE OF CONSTRUCTION. CONTRACTOR SHALL REPAIR, AT CONTRACTOR'SEXPENSE, ANY AND ALL DAMAGE TO PUBLIC INFRASTRUCTURE INCURRED DURINGAND/OR DUE TO CONSTRUCTION, TO THE SATISFACTION OF THE RESPECTIVEPERMITTING AGENCY.3.CONTRACTOR IS RESPONSIBLE FOR CALLING 811 OR 1-800-642-2444 BEFORE ANYTRENCHING OR EXCAVATION WORK.4.ALL EXISTING ON-SITE MISCELLANEOUS INFRASTRUCTURE AND APPURTENANCES(INCLUDING BUT NOT LIMITED TO SIGNS, LIGHTS, CONCRETE WHEEL STOPBUMPERS, PARKING METERS, IRRIGATION LINES AND VALVES, ETC.) TO BEREMOVED AND PROPERLY DISPOSED BY CONTRACTOR. CONTRACTOR SHALLCOORDINATE WITH CITY TO SALVAGE SIGNS, PARKING STALL CONCRETE WHEELSTOP BUMPERS AND PARKING METERS.5.ALL EXISTING ON-SITE UNDERGROUND UTILITY SERVICES TO BE REMOVED,STUBBED, AND CAPPED AT PROJECT FRONTAGE. SEE DEMOLITION DIAMONDCALLOUT NOTES #11, 12 AND 13 BELOW.6.CLEAR AND GRUB ALL EXISTING VEGETATION, GRASSES AND SHRUBS PRIOR TOEARTHWORK OPERATIONS.7.CONTRACTOR MUST PREPARE AND IMPLEMENT WATER POLLUTION CONTROLDRAWINGS (WPCDS) FOR SITE PREPARATION, MOBILIZATION, STORMWATERREQUIREMENTS AND ALL SITE EROSION / SEDIMENTATION CONTROL BMPS INCOMPLIANCE WITH THE SWPPP INCLUDED IN THE SPECIFICATIONS.8.REFER TO TREE PROTECTION PLAN SHEET C-2.2. EXISTING TREES WITHIN CITYRIGHT-OF-WAY (ROW) IDENTIFIED TO BE REMOVED SHOWN FOR REFERENCEONLY, SHALL BE PRESERVED, PROTECTED AND MAINTAINED THROUGHOUTDURATION OF PHASE 1B, UNTIL FUTURE PHASE 2 DEMOLITION WORK, UNDERSEPARATE COVER.9.ANY HISTORIC MATERIALS SHALL BE NOTED AND SHALL INCLUDE A MATRIX OF THEPROPOSED DISPOSITION. UNLESS OTHERWISE PROPOSED OR REQUIRED TO BERE-USED WITHIN THE PROJECT, THE HISTORIC GRANITE CURBING, WALLS, ANDSTAIRS LOCATED ON THE PROJECT SITE SHALL BE PRESERVED AND DELIVERED TOAN APPROVED LOCATION TO THE SATISFACTION OF THE CITY.DEMOLITION NOTESPROTECT EXISTING TREE IN PLACE. REFER TO TREE PROTECTION PLAN SHEET C-2.2.PROTECT PORTION OF EXISTING WALL.REMOVE AND PROPERLY DISPOSE OF EXISTING TREE. REFER TO TREE PROTECTIONPLAN SHEET C-2.2.REMOVE AND PROPERLY DISPOSE OF EXISTING ASPHALT PAVING.REMOVE AND PROPERLY DISPOSE OF EXISTING CONCRETE STRUCTURES,FOUNDATIONS AND APPURTENANCES.REMOVE AND PROPERLY DISPOSE OF EXISTING BUILDING STRUCTURES, FOUNDATIONSAND APPURTENANCES.SAFELY REMOVE AND PRESERVE EXISTING HISTORIC BISHOP PEAK GRANITE CURB(APPROXIMATE LENGTH = 56.5-FEET) ALONG WITH GRANITE STAIRS / STEPS,CONTRACTOR TO FIELD VERIFY EXTENTS AND CONFIRM WITH CITY. TEMPORARILYSTOCKPILE ON-SITE FOR FUTURE USE BY REPERTORY THEATRE LANDSCAPE ARCHITECT,OR COORDINATE WITH CITY TO PRESERVE AND DELIVER TO AN APPROVED LOCATIONTO THE SATISFACTION OF THE CITY. (SEE ALSO NOTE #10).REMOVE AND PROPERLY DISPOSE OF EXISTING BRICKWORK.REMOVE AND PROPERLY DISPOSE OF EXISTING FENCE AND FOUNDATIONS.REMOVE AND PROPERLY DISPOSE PORTION OF EXISTING WALL AND FOUNDATIONS.CONTRACTOR SHALL FIELD VERIFY EXISTING WATER METER IN EXISTING BOX ANDCOORDINATE WITH CITY TO SHUT-OFF, AS NEEDED. REMOVE AND PROPERLY DISPOSEWATER SERVICE LINE. STUB AND CAP AT PROPERTY LINE.REMOVE AND PROPERLY DISPOSE SEWER LATERAL LINE AND CLEAN-OUT. STUB ANDCAP AT PROPERTY LINE.IN ACCORDANCE WITH GAS COMPANY STANDARDS, REQUIREMENTS ANDGUIDELINES, REMOVE AND PROPERLY DISPOSE GAS SERVICE LINE AND GAS METER.STUB AND CAP AT PROPERTY LINE.PROTECT AND PRESERVE EXISTING PROPERTY LINE FENCING. TO BE REMOVED INPHASE 2.1234567891011121314DEMOLITION QUANTITIES±5,600SF RESIDENTIAL BUILDING±29,200SF ASPHALT PAVING±1,300SF BRICK PAVING±3,600SF CONCRETE FLATWORK±1,300LF 6" CURB±56.5LF HISTORIC GRANITE CURBING (SEE NOTE 10 AND DEMOLITION NOTE 7)±650LF WALL±500LF FENCE32TREESCITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022N:\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-2.3 Demolition.dwg, C-2.3 DEMOLITION PLAN, Dec 19, 2022 9:11am, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023DEMOLITION PLANC-2.30feet40SCALE: 1" = 20'2060NOTE:THESE QUANTITIES ARE FOR REFERENCE ONLY.IT IS THE CONTRACTOR'S RESPONSIBILITY TODETERMINE ACTUAL QUANTITIES.NOTE:ALL EXISTING ON-SITE UNDERGROUND UTILITYSERVICES TO BE REMOVED, STUBBED ANDCAPPED AT PROJECT FRONTAGE.NOTE:CONTRACTOR TO PROTECT ANDPRESERVE EXISTING TREES ANDVEGETATION ON ADJACENTPROPERTY (TYP). REFER TO TREEPROTECTION PLAN SHEET C-2.2.NOTE:CONTRACTOR TO COMPLETE AND SUBMIT CONSTRUCTION WASTEMANAGEMENT PLAN ALONG WITH ASBESTOS DEMOLITION / RENOVATIONNOTIFICATION FORMS AND ASSOCIATED FEES TO CITY OF SAN LUIS OBISPOPRIOR TO STARTING ANY DEMOLITION WORK.REFER TO ASBESTOS AND LEAD REPORTS PREPARED BY WEST COAST SAFETYCONSULTANTS DATED OCTOBER 14, 2022. CONTRACTOR CONDUCTINGDEMOLITION AND REMOVAL WORK SHALL HAVE REQUIRED CERTIFICATIONSAND QUALIFICATIONS IN ACCORDANCE TO APPLICABLE CODES.CONTRACTOR SHALL SAFELY AND PROPERLY REMOVE IDENTIFIEDMATERIALS IN ACCORDANCE WITH APPLICABLE CODES, REFERENCEDREPORTS, CONCLUSIONS AND RECOMMENDATIONS.
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022\\RRMPZ\on-site\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-9.x Conditions of Approval.dwg, C-9.1, Nov 18, 2022 3:18pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023CONDITIONS OF APPROVALC-9.1COA No.COA No.SubAgencyConditionMitigation MeasuresPhaseDrawing #1FindingsThe project will not be detrimental to the health, safety, orwelfare of those working or residing in the vicinity since theproposed project is consistent with the site's DowntownCommercial zoning designation and will be subject toconformance with all applicable building, fire, and safetycodes.N/AN/A2General PlanAmendment FindingsThe proposed General Plan Amendment is consistent withpolicy direction for the area included in the General Plan,and in particular with the following General Plan policies:LUE Policy 4.1, because the project provides off-site parking,civic, cultural, entertainment and mixed- use opportunitiesfor Downtown; LUE Policies 4.3, 5.2.2, 5.2.3, and 5.2.5,which promote the development of Entertainment andCultural Facilities in the downtown; and LUE Policy 4.14and Circulation Element policy 13.2.4 which support theconstruction of parking structures.N/AN/A3General PlanAmendment FindingsThe General Plan Amendment allows for theimplementation of the proposed project by updating theCity's General Plan land use map to reflect the developmentanticipated by the proposed Palm Nipomo ParkingStructure Project.N/AN/A4General PlanAmendment FindingsThe site is physically suited for the proposed projectbecause the project is consistent with the 2017 DowntownConcept Plan.N/AN/A5Architectural DesignFindingsThe proposed new building is consistent with HistoricPreservation Program Guidelines Section 3.2.1 because thebuilding is designed to be architecturally compatible withDowntown Historic District structures.N/AN/A6Architectural DesignFindingsThe project design maintains consistency with theCommunity Design Guidelines Chapter 4 ( DowntownDesign Guidelines), Sections 4.2 ( A-D) by providing: humanscale and proportion, architectural design thatcomplements the character of the surroundingneighborhood, transparency and provides architecturalinterest on all four sides of the building.N/AN/A7Architectural DesignFindingsThe project design is consistent with the Community DesignGuidelines Section 6.3(A-B, D-E) because the projectincludes convenient pedestrian linkages to the sidewalkalong each street, pedestrian access and alternative pavingmaterials while minimizing "vast seas of parking" byproposing a structure as opposed to surface parking lots.N/AN/A8SLO Rep TheatreArchitectural DesignFindingsThe proposed new building is consistent with HistoricPreservation Program GuidelinesSections 3.2.1 and 5.2.2 because the building is designed tobe architecturally compatiblewith Downtown Historic District structures.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A9SLO Rep TheatreArchitectural DesignFindingsThe project design maintains consistency with theCommunity Design Guidelines Chapter4 ( Downtown Design Guidelines), Sections 4.2 ( A-D) byproviding: human scale andproportion, various upper story setbacks, includes similarvertical elements that are foundin the surrounding architecture of the existing buildings, anarchitectural design thatcomplements the character of the surroundingneighborhood, transparency is included inthe front fa~ade with the inclusion ofglass curtain walls andprovides architectural intereston all four sides ofthe building.Palm Nipomo Parking Structure Use Permit FinThis will be addressed in a separatesubmittal by SLO Rep TheatreN/A10Use Permit FindingsThe proposed use is allowed with a use permit within theDowntown Commercial ( C-D) zone and complies with allother applicable provisions of the Zoning Regulations.N/AN/A11Use Permit FindingsThe proposed parking structure use is located where aparking structure is called out on the 2017 DowntownConcept Plan.N/AN/A12Use Permit FindingsThe parking structure use is consistent with LUE policy 4.14and Circulation Element policy 13.2.4 that state that anymajor increases in parking should take the form of astructure located at the edge of the commercial core andthat additional parking should be supported by a parkingstudy.N/AN/A13Use Permit FindingsThe site is physically suitable in terms of its design, location,shape, size, and operating characteristics of the proposeduse; traffic generation and the provision of public andemergency vehicle access; public protection services; andthe provision of utilities.N/AN/A14Use Permit FindingsThe establishment and subsequent operation or conduct ofthe use will not, because of the circumstances andconditions applied in the particular case, be detrimental tothe health, safety or welfare of the general public orpersons residing or working in the neighborhood of the use,or be detrimental or injurious to property or improvementsin the vicinity of the use.N/AN/A15SLO Rep Theatre UsePermit FindingsThe proposed use is allowed with a use permit within theDowntown Commercial ( C-D)zone and complies with all other applicable provisions oftheZoning Regulations.This will be addressed in a separatesubmittal by SLO Rep Theatre16SLO Rep Theatre UsePermit FindingsThe proposed SLO Rep Theatre use is located where atheater is called out on the 2017Downtown Concept Plan.This will be addressed in a separatesubmittal by SLO Rep Theatre17SLO Rep Theatre UsePermit FindingsThe proposed SLO Rep Theatre use is consistent with LUEpolicies 5.2.2, 5.2.3, and 5.2.5because the theater will be located near Mission Plazaalong Monterey Street in the CulturalFacilities Area.This will be addressed in a separatesubmittal by SLO Rep Theatre18SLO Rep Theatre UsePermit FindingsThe site is physically suitable in terms of its design, location,shape, size, and operatingcharacteristics of the proposed use; traffic generation andthe provision of public andemergency vehicle access; public protection services; andthe provision ofutilities.This will be addressed in a separatesubmittal by SLO Rep Theatre19SLO Rep Theatre UsePermit FindingsThe establishment and subsequent operation or conduct ofthe use will not, because ofthecircumstances and conditions applied in the particular case,be detrimental to the health,safety or welfare ofthe general public or persons residing orworking in the neighborhoodofthe use, or be detrimental or injurious to property orimprovements in the vicinity oftheuse.This will be addressed in a separatesubmittal by SLO Rep Theatre20Deviation from heightand F.A.R. FindingsThe proposed increase in height and F.A.R. for the project isconsistent with 2018 Zoning Regulations Section 17.86.200(Parking as a Primary Use) that states, Where parking as aprimary use is permitted in compliance with Table 2-1: UsesAllowed by Zone... discretionary permit approval mayinclude deviations from otherwise applicable developmentstandards because the parking structure is designed tomeet certain building and engineering standards.N/AN/A1General PlanAmendment andRezoneThe General Plan shall be amended as shown in Exhibit A.N/AN/A2General PlanAmendment andRezoneThe Amendment shall apply only to the properties currentlyproposed to be occupied by the Project, i.e. to the Projectsite.N/AN/A3Planning DivisionFinal project design and construction drawings submittedfor a building permit shall be in substantial compliance withthe project description and plans approved by the CityCouncil. A separate, full-size sheet shall be included inworking drawings submitted for a building permit that listsall conditions of project approvals listed and mitigationmeasures in the MMRP as sheet number 2. Furthermore, asidentified in the EIR, environmentally mitigating projectfeatures shall be included in the final project design.Sheets containing conditions andapprovals and mitigationsmeasures are included insubmission drawings. Phase 2conditions will be addressed in aseparate submittal. MMRP will beprovided in project specifications.PH 1B/2.PH 1B:C-9.1 TO C-9.5PH 2: A0.X4Planning DivisionReference shall be made in the margin of listed items as towhere in plans requirements are addressed. Any change toapproved design, colors, materials, landscaping, or otherconditions of approval must be approved by the Director orArchitectural Review Commission, as deemed appropriate.This will be addressed in a separatesubmittalPH 2.5Planning DivisionPlans submitted for a building permit shall call out thecolors and materials of all proposed building surfaces andother improvements.This will be addressed in a separatesubmittalPH 2.A3.1 & A3.26Planning DivisionThe building plan submittal shall include privacy screeningthat will restrict the ability for users of the parking structureto overlook into the adjacent property while using thesoutheastern stairway to the satisfaction of the CommunityDevelopment Director.This will be addressed in a separatesubmittalPH 2.A2.3, A2.4, A2.5,A3.1, A8.2,7Planning DivisionThe locations of all exterior lighting, including bollard stylelandscaping or path/parking lighting, shall be included inplans submitted for a building permit. All wall-mountedlighting fixtures shall be clearly called out on buildingelevations included as part of working drawings. Allwall-mounted lighting shall complement buildingarchitecture, subject to the approval of the CommunityDevelopment Director. The lighting schedule for thebuilding shall include a graphic representation of theproposed lighting fixtures and cut sheets on the submittedbuilding plans . The selected fixture( s) shall be shielded toensure that light is directed downward consistent with therequirements of the City's Night Sky Preservation standardscontained in Chapter 17 .23 of the 2015 Zoning Regulations.This will be addressed in a separatesubmittalPH 2. LC plans8Planning DivisionPlans submitted for a building permit shall clearly state thetype/model of bicycle racks proposed, location anddimensions of all 32 short and long-term bicycle parkingspaces. All long-term bicycle parking spaces shall be locatedwithin the parking structure. Sufficient detail shall beprovided about the placement and design of bike racks todemonstrate compliance with relevant EngineeringStandards and Community Design Guidelines and thiscondition of approval, to the satisfaction of the PublicWorks and Community Development Directors.This will be addressed in a separatesubmittalPH 2.LC plans, A4.19Planning DivisionPlans submitted for a building permit shall include windowdetails indicating the type of materials for the window grids,their dimensions, and colors. Plans shall demonstrate theuse of high-quality materials for the window grids thatreflect the architectural style of the project to the approvalof the Community Development Director.This will be addressed in a separatesubmittalPH 2.A3 Series, A5 series10Planning DivisionMechanical and electrical equipment shall be locatedinternally to the structure or site. With submittal of workingdrawings, the applicant shall clearly show the location andsizes of any proposed condensers and other mechanicalequipment. If any mechanical equipment is to be placed onthe roof, plans submitted for a building permit shall confirmthat parapets or other roof features will adequately screenthem. A line-of-sight diagram may be required to confirmthat proposed screening will be adequate. This conditionapplies to initial construction and later improvements.This will be addressed in a separatesubmittalPH 2.A1.1 A3.2
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/20220720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022\\RRMPZ\on-site\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-9.x Conditions of Approval.dwg, C-9.3, Nov 18, 2022 3:18pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023C-9.3CONDITIONS OF APPROVAL 36Engineering DivisionThe building plan submittal and project drainage reportshall show and note compliance with the Drainage DesignManual, Floodplain Management Regulation, and the PostConstruction Stormwater Regulations. The stormwaterBMP's shall be located outside the public right-of-wayunless otherwise specifically approved by the City. The PCRcompliance approach and strategy shall consider how thetreatment of runoff from the altered or replaced publicimprovements will be managed. Some stormwater BMP'sdesigned to treat runoff from public streets and sidewalksmay be located within the Public right-of-way.EDP has prepared the on-sitePhase 1 stormwater mitigationdesign, plans and stormwatercontrol plan (SWCP). See EDPplans for reference. Roadsidebiofiltration stormwater mitigationplanters are proposed at theNipomo and Palm Streetintersection to treat the replacedimpervious areas from the publicimprovements. See the Phase 2street improvement plans.PH 2.EDP SHEETSD-1.0 TO D-4.337Engineering DivisionThe building plan submittal shall clarify whether the lowerfloor of the parking structure and future commercial/residential structure are located above the base floodelevation BFE). If not, the structure and openings shall befloodproofed and constructed of flood resistant materials.All building service equipment and elevators shall belocated outside the mapped flood zone, 1' above the BFE,or floodproofed to 1' above the BFE.This will be addressed in a separatesubmittalPH 2.38Engineering DivisionThe building plan submittal shall include a complete gradingand drainage plan. The plan shall evaluate whether there isexisting run-on from the neighboring upslope properties.The plans shall clarify the extent of any run-on and shallclarify how the drainage will be collected and conveyed toan approved outlet. A portion of the roof from an adjoiningstructure with a zero setback appears to discharge onto thissite. An analysis of the entire limits of the watershedtributary to the easterly property line will be required.There is no off-site run-on to thesite. EDP has prepared the on-sitePhase 1 stormwater mitigationdesign, plans and stormwatercontrol plan (SWCP). See EDPplans for reference.PH 2EDP SHEETSD-1.0 TO D-4.339Engineering DivisionThe building plan submittal shall include a complete treesummary showing all existing trees, tree diameters, species,and proposed disposition. The plan shall include trees onneighboring properties with tree canopies/root zones thatmay encroach into the area of construction disturbance. Atree preservation plan shall be provided as part of thebuilding plans to clarify how all trees proposed to remainwill be protected during demolition and construction.See Phase 1B sheet C-2.2Tree Protection Plan.PH 1BPH 1B:C-2.240Engineering DivisionStreet trees are required as a condition of the buildingpermit. The landscape and irrigation plans shall showirrigation improvements and sleeves under the sidewalk toprovide irrigation to any parkway plantings and/or treewells. Street tree species and plantings shall be inaccordance with the City Engineering Standards and mayinclude palm trees.This will be addressed in a separatesubmittalPH 2.LI and LP Plans41TransportationDivisionThe proposed uncontrolled crosswalks on Nipomo Streetand Monterey Street shall be designed to include featuressuch as flashers, decorative pavement treatment, warningsignage, pavement markings, and bulb outs similar to othercrosswalks in the downtown area. The specific designtreatments at all proposed crosswalks shall be approved bythe City Public Works Department in conjunction withreview off the public improvement plans.This will be addressed in a separatesubmittalPH 2.LC Plans42TransportationDivisionDesign of proposed bulb outs, driveways and otherintersection geometric modifications shall include vehicleturning path analysis using appropriate design vehicles asidentified in the City's Engineering Standards to thesatisfaction of the Public Works Director. Designs shallconsider placement of street trees, landscaping and othervertical features near intersections, driveways andpedestrian crossings in order to maintain adequate sightdistance per City Engineering Standards .This will be addressed in a separatesubmittalPH 2.LC and LP Plans43TransportationDivisionSidewalk landscaping, street furniture and/or otherelements shall be designed to discourage pedestriancrossings of Nipomo Street at the northeast comer of theNipomo Street/Monterey Street intersection, thesouthwest comer of the Nipomo Street/Dana Streetintersection, and the southeast comer of the NipomoStreet/Palm Street intersection.This will be addressed in a separatesubmittalPH 2.LC and LP plans44TransportationDivisionFrontage improvements shall include installation ofstandard streetlights and downtown pedestrian lighting perCity Standards to the satisfaction of the Public WorksDirector.This will be addressed in a separatesubmittalPH 2.LC Plans45TransportationDivisionConsistent with Mitigation Measure T-1 per the project'sFinal EIR, prior to issuance of each building permit, theconstruction contractor( s) shall develop a constructionmanagement plan for review and approval of theCommunity Development and Public Works Departments toidentify traffic management strategies to address trafficcongestion, construction staging/ traffic control, parkingdemand and other transportation concerns related toproject construction activities.A construction management planwill be submitted for review by theappointed contracting teamPost BidStage46TransportationDivisionWhere frontage improvements are proposed, sidewalksshall have a minimum of eight (8) feet clear width, unlessotherwise approved by the Public Works Director.This will be addressed in a separatesubmittalPH 2.LC Plans47TransportationDivisionConsistent with Mitigation Measure T-3 per the project'sFinal EIR, the public improvement plans shall incorporateimprovements to the Dana Street/Nipomo and MontereyStreet/Nipomo Street intersections to enhance pedestriansafety and accessibility. At a minimum, the publicimprovements shall include the following elements to thesatisfaction of the Public Works Director:This will be addressed in a separatesubmittalPH 2.47aTransportationDivisionHigh-visibility crosswalk markings or other intersectionenhancements , with directional curb ramps across NipomoStreet from the northwest comer of Dana Street/ NipomoStreet to the southwest comer of the parking structure.This will be addressed in a separatesubmittalPH 2.LC Plans47bTransportationDivisionHigh-visibility crosswalk markings or other intersectionenhancements, with directional curb ramps across NipomoStreet from the southeast comer of MontereyStreet/Nipomo Street across Nipomo Street.This will be addressed in a separatesubmittalPH 2.LC Plans47cTransportationDivisionStandard crosswalks or other intersection enhancements,with directional curb ramps across Monterey Street andDana Street where they intersect with Nipomo Street.This will be addressed in a separatesubmittalPH 2.LC Plans47dTransportationDivisionReduce comer curb radii on the southwest comer of DanaStreet/ Nipomo Street and the northeast comer ofMonterey Street/ Nipomo Street.This will be addressed in a separatesubmittalPH 2.48TransportationDivisionFinal designs for the Palm Street access driveway to theparking structure shall be refined to provide acceptablevisibility sight triangles for both vehicular traffic on PalmStreet and pedestrians crossing the driveway.This will be addressed in a separatesubmittalPH 2.LC and LP Plans49UtilitiesThe proposed utility infrastructure shall comply with thelatest engineering design standards effective at the timethe building permit is obtained and shall have reasonablealignments needed for maintenance of publicinfrastructure.This will be addressed in a separatesubmittalPH 2.50UtilitiesThe project shall construct a new sewer lateral and waterservices for the proposed use.This will be addressed in a separatesubmittalPH 2.51UtilitiesRevisions to the existing sewer and water infrastructure,that may result from the proposed land use modifications,shall be completed to the satisfaction of the UtilitiesDirector to minimize impacts to operations andmaintenance of the services.This will be addressed in a separatesubmittalPH 2.52UtilitiesUnderground dewatering systems for basements shalldischarge to an on-site retention system or shall obtain anenvironmental compliance permit prior to issuance of anoccupancy permit.This will be addressed in a separatesubmittalPH 2.53UtilitiesFinal grades and alignments offal public and/or privatewater, and sewer services shall be approved to thesatisfaction of the Utilities Department. The final location,configuration, and sizing of on-site service laterals andmeters shall be approved by the Utilities Director inconjunction with the review of the building plans, firesprinkler plans, and/or public improvement plans.This will be addressed in a separatesubmittalPH 2.54UtilitiesProjects generating more than two cubic yards of totalwaste shall comply with AB 1826, and local wastemanagement ordinance to reduce greenhouse gasemissions. Trash enclosure(s) shall conform therequirements by the San Luis Garbage Company and refusebins shall be sized to provide a reasonable level of service.Separate refuse bins shall be accommodated within the sitefor waste, recycling, and organics.This will be addressed in a separatesubmittalPH 2.55UtilitiesTree wells shall maintain a 10-foot clearance to the existingsewer and water mains. New curbs along the frontageimprovements shall maintain a 2-foot clearance betweenthe lip of gutter and the existing sewer or water mains.This will be addressed in a separatesubmittalPH 2.LP Plans56SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentThe applicant shall defend, indemnify, and hold harmlessthe City and/or its agents,officers, and employees from any claim, action, orproceeding against the City and/or itsagents, officers, or employees to attack, set aside, void, orannul the approval by the Cityof this project, and all actions relating thereto, including butnot limited to environmentalreview (" Indemnified Claims"). The City shall promptlynotify the applicant of anyIndemnified Claim upon being presented with theIndemnified Claim, and City shall fullycooperate in the defense against an Indemnified Claim.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A57SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentFinal project design and construction drawings submittedfor a building permit shall be insubstantial compliance with the project description andplans approved by the City Council.A separate, full-size sheet shall be included in workingdrawings submitted for a buildingpermit that lists all conditions of project approvals listedand mitigation measures in theMMRP as sheet number 2. Furthermore, as identified in theEIR, environmentallymitigating project features shall be included in the finalproject design.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A58SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentReference shall be made in the margin oflisted items as towhere in plans requirements areaddressed. Any change to approved design, colors,materials, landscaping, or otherconditions of approval must be approved by the Director orArchitectural ReviewCommission, as deemed appropriate.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A59SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentThe design ofthe proposed SLO Rep Theatre shall beconsistent with the proposed fa~aderedesign included in the plans submitted as part of thePlanning Commission staff reportdated October 23, 2019. The building permit submittal shallaccurately show the locationofall the terra cotta tiles and which colors will be locatedwhere.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A60SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentPlans submitted for a building permit shall call out thecolors and materials ofall proposedbuilding surfaces and other improvements.This will be addressed in a separatesubmittal by SLO Rep TheatreN/ACOA No.COA No.SubAgencyConditionMitigation MeasuresPhaseDrawing #
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022N:\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-9.x Conditions of Approval.dwg, C-9.4, Nov 18, 2022 3:18pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023C-9.4CONDITIONS OF APPROVAL 61SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentThe locations of all exterior lighting, including bollard stylelandscaping or path/parkinglighting, shall be included in plans submitted for a buildingpermit. All wall-mountedlighting fixtures shall be clearly called out on buildingelevations included as part ofworking drawings. All wall-mounted lighting shallcomplement building architecture,subject to the approval ofthe Community DevelopmentDirector. The lighting schedule forthe building shall include a graphic representation oftheproposed lighting fixtures and cutsheets on the submitted building plans. The selectedfixture( s) shall be shielded to ensurethat light is directed downward consistent with therequirements of the City's Night SkyPreservation standards contained in Chapter 17 .23 ofthe2015 Zoning Regulations.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A62SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentPlans submitted for a building permit shall clearly state thetype/model of bicycle racksproposed, location and dimensions of all 13 short andlong-term bicycle parking spaces.All long-term bicycle parking spaces shall be located withinthe building. Sufficient detailshall be provided about the placement and design ofbikeracks to demonstrate compliancewith relevant Engineering Standards and Community DesignGuidelines, to the satisfactionofthe Public Works and Community Development Directors.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A63SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentPlans submitted for a building permit shall include windowdetails indicating the type ofmaterials for the window frames and mullions, theirdimensions, and colors. Plans shallinclude the materials and dimensions of all lintels, sills,surrounds recesses and otherrelated window features. Plans shall demonstrate the useof high-quality materials for thewindows that reflect the architectural style of the projectand are compatible with theneighborhood character, to the approval ofthe CommunityDevelopment Director.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A64SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentMechanical and electrical equipment shall be locatedinternally. With submittal ofworkingdrawings, the applicant shall include sectional views of thebuilding, which clearly showthe sizes of any proposed condensers and other mechanicalequipment. Ifany condensersor other mechanical equipment is to be placed on the roof,plans submitted for a buildingpermit shall confirm that parapets and other roof featureswill adequately screen them. Aline-of-sight diagram may be required to confirm thatproposed screening will be adequate.This condition applies to initial construction and laterimprovements.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A65SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentThe location of any required backflow preventer anddouble-check assembly shall beshown on all site plans submitted for a building permit,including the landscaping plan.Construction plans shall also include a scaled diagram oftheequipment proposed. Wherepossible, as determined by the Utilities Director, equipmentshall be located inside thebuilding within 20 feet ofthe front property line. Where thisis not possible, as determinedby the Utilities Director, the back-flow preventer anddouble-check assembly shall belocated in the street yard and screened using a combinationofpaint color, landscaping and,ifdeemed appropriate by the Community DevelopmentDirector, a low wall. The size andconfiguration of such equipment shall be subject to reviewand approval by the Utilitiesand Community Development Directors.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A66SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentA final landscaping plan, including irrigation details andplans, shall be submitted to theCommunity Development Department along with workingdrawings. The legend for thelandscaping plan shall include the sizes and species of allgroundcovers, shrubs, and treeswith corresponding symbols for each plant materialshowing their specific locations onplans. Street trees species shall comply with City standardsand may include palm trees.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A67SLO Rep TheatreArchitectural DesignPlanning Division -CommunityDevelopmentDepartmentThe applicant shall pay parking in-lieu fees for 67 parkingspaces prior to building permitissuance unless another agreement is supported by the Cityto the satisfaction of theCommunity Development and Public Works Directors.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A68Engineering Division -Public Works/CommunityDevelopmentDepartmentThe Parking Structure shall conform to the overall proposedcampus designs and approvalsfor the Palm Nipomo Parking Structure Project and anysubsequent agreements betweenthe SLO Rep Theatre and the City. The project shall alsoconform to previously approvedbulb-out and crossing designs for the Monterey Placeproject located at 667 Monterey.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A69Engineering Division -Public Works/CommunityDevelopmentDepartmentThe project address should be established prior to buildingpermit application ifpossible.Otherwise, the address will be established during permitreview and prior to permitissuance.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A70Engineering Division -Public Works/CommunityDevelopmentDepartmentA separate demolition plan and permits are required for thestructures located on the projectsite. The plan shall include an inventory of all improvementslocated on the City parceland within the public right-of-way. Any historic materialsshall be noted and shall includea matrix ofthe proposed disposition. Unless otherwiseproposed or required to be re-usedwithin the project, the historic granite curbing, walls, andstairs located on the project siteshall be preserved and delivered to an approved location tothe satisfaction ofthe City.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A71Engineering Division -Public Works/CommunityDevelopmentDepartmentThe demolition plans shall show the location ofall existingutilities. Existing utilities shallbe approved for re-use or shall be abandoned per CityEngineering Standards. Theapplicant should confirm whether any utilities remain fromthe previous demolition ofthestructure( s) located on the project site. City improvementplan records and/or sewermainline televising records are available upon request.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A72Engineering Division -Public Works/CommunityDevelopmentDepartmentProjects involving the construction of new structuresgenerally requires that completefrontage improvements be installed or that existingimprovements be upgraded per citystandard. MC 12.16.050This will be addressed in a separatesubmittal by SLO Rep TheatreN/A73Engineering Division -Public Works/CommunityDevelopmentDepartmentNew curb, gutter, sidewalk, curb ramps, bulb-outs, streetparking, signage, striping, parkingmeters, street tree plantings, street lighting, demolitions,etc. shall be completed as acondition of the project. Except where standard streetlightsare required, the frontageimprovements shall include new pedestrian levelstreetlights per the approved master planand City Engineering Standards.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A74Engineering Division -Public Works/CommunityDevelopmentDepartmentThe project is located within the Mission Style SidewalkDistrict of downtown. Unlessdirected otherwise and approved by Public Works orCommunity Development Directors,all new or replaced improvements shall be constructed inthe Mission Style per CityEngineering Standards.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A75Engineering Division -Public Works/CommunityDevelopmentDepartmentAny proposed phasing ofthe public improvements shall beapproved by the City. Ifphased,interim improvements may be required to provide areasonable transition betweenadjoining projects.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A76Engineering Division -Public Works/CommunityDevelopmentDepartmentThe required public improvements may be shown with thebuilding permit submittal orcould be processed as a separate public improvement plan.The on-site plans and off-siteplans shall agree. Unless otherwise approved by the City,the building permit plans shallnot be approved or permits issued until the adjoining publicimprovements are approved.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A77Engineering Division -Public Works/CommunityDevelopmentDepartmentThe building plan submittal shall include a complete site,grading, drainage, and utilityplan. If proposed grading, drainage, and utilities are to bepermitted under a separatesubmittal, this information shall be shown " for referenceonly" on the building plansubmittal. The plan shall show all existing and proposedunderground and overheadutilities for reference. All utility company meters, vaults,equipment, and transformersshall be shown for reference.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A78Engineering Division -Public Works/CommunityDevelopmentDepartment All new wire utilities shall be underground. Unlessotherwise approved by the City, theunderground service( s) shall be achieved without a netincrease ofutility poles within thepublic right-of-way.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A79Engineering Division -Public Works/CommunityDevelopmentDepartmentThe required PGE service work and their preliminary designmemo shall be reviewed andapproved by the City and the engineer of record prior tocommencing with final designs.The final PGE handout package shall be approved prior tobuilding permit issuance or shallbe listed as a deferred submittal item. The plan shall clarifyhow secondary service will bemaintained or re-served to the remaining properties to theeast.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A80Engineering Division -Public Works/CommunityDevelopmentDepartmentHandrails for any on-site stairs or ramps shall not encroachinto the public right-of-way orpublic sidewalk area and shall comply with currentAmericans with Disabilities Act (ADA)code.This will be addressed in a separatesubmittal by SLO Rep TheatreN/ACOA No.COA No.SubAgencyConditionMitigation MeasuresPhaseDrawing #
CITY SPECIFICATION NO.DATE:PROJECT TITLE:
SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSKYKMSKYSKYAS NOTED11/18/2022N:\0701\0720-02-UR19-Palm-Nipomo-Parking-Structure-(2019)\Engineering\ConDocs\Phase 1 - Rough Grading\Sheet-Files\C-9.x Conditions of Approval.dwg, C-9.5, Nov 18, 2022 3:18pm, skyoshida
rrmdesign.com | (805) 543-17943765 S. Higuera, San Luis Obispo, CA 93401THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTSREPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF RRM DESIGNGROUP AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS ORUSED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIEDPROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF RRM DESIGN GROUP. VISUAL CONTACT WITH THESE DRAWINGSOR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESERESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEWSHALL NOT BE CONSIDERED A WAIVER OF RRM DESIGN GROUP'S RIGHTS.RRM DESIGN GROUP COPYRIGHT 2022.RRM IS A CALIFORNIA CORPORATIONPHASE 1B0720-02-UR19REVISIONSDATENO.CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CA
CULTURAL ARTS DISTRICT PS90435-1BEXP. 9/30/2023C-9.5CONDITIONS OF APPROVAL 81Engineering Division -Public Works/CommunityDevelopmentDepartmentThe building plan submittal and project drainage reportshall show and note compliancewith the Drainage Design Manual, Floodplain ManagementRegulation, and the PostConstruction Stormwater Regulations. The stormwaterBMP's shall be located outside thepublic right-of-way unless otherwise specifically approvedby the City. The PCRcompliance approach and strategy shall consider how thetreatment of runoff from thealtered or replaced public improvements will be managed.Some stormwater BMP'sdesigned to treat runoff from public streets and sidewalksmay be located within the Publicright-of-way.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A82Engineering Division -Public Works/CommunityDevelopmentDepartmentThe building plan submittal shall clarify that the access intothe lower floor and basementexit systems are located above the base flood elevation (BFE). Unless otherwise approvedby the City, a one-foot freeboard should be provided abovethe BFE. All building serviceequipment shall be located outside or above the BFE.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A83Engineering Division -Public Works/CommunityDevelopmentDepartmentThe building plan submittal shall include a complete gradingand drainage plan. The planshall evaluate whether there is existing run-on from theneighboring upslope properties.The plans shall clarify the extent of any run-on and shallclarify how the drainage will becollected and conveyed to an approved outlet. A portion ofthe roof from an adjoiningstructure with a zero setback appears to discharge onto thissite. An analysis of the entirelimits ofthe watershed tributary to the easterly propertyline will be required.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A84Engineering Division -Public Works/CommunityDevelopmentDepartmentThe building plan submittal shall include a complete treesummary showing all existingtrees, tree diameters, species, and proposed disposition.The plan shall include trees onneighboring properties with tree canopies/root zones thatmay encroach into the area ofconstruction disturbance. A tree preservation plan shall beprovided to clarify how all treesproposed to remain will be protected during demolition andconstruction.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A85Engineering Division -Public Works/CommunityDevelopmentDepartmentStreet trees are required as a condition ofthe buildingpermit. The landscape and irrigationplans shall show irrigation improvements and sleeves underthe sidewalk to provideirrigation to any parkway plantings and/or tree wells. Streettree species and plantings shallbe in accordance with the City Engineering Standards andmay include palm trees.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A86Engineering Division -Public Works/CommunityDevelopmentDepartmentPursuant to Chapter 4.56 of the City of San Luis MunicipalCode, the project shall beresponsible for paying applicable transportation impactfees prior to issuance of buildingpermits.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A87Engineering Division -Public Works/CommunityDevelopmentDepartmentPer Mitigation Measure T-1 of the Palm/Nipomo ParkingStructure Project EIR, aConstruction Management Plan shall be submitted forreview and approval by the PublicWorks and Community Development Departments. Prior toissuance of building permitsand encroachment permits for the proposed theaterproject, a Construction ManagementPlan must be approved by the Public Works and CommunityDevelopment Departments -either as a combined plan forthe parking structure and theater project or as astand-aloneplan for the theater project only.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A88Utilities DepartmentThe proposed utility infrastructure shall comply with thelatest engineering designstandards effective at the time the building permit isobtained and shall have reasonablealignments needed for maintenance ofpublic infrastructure.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A89Utilities DepartmentThe project must construct a new sewer lateral and waterservices for the proposed use.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A90Utilities DepartmentMAWA and ETWU calculations shall be provided for theproposed landscape plan per thefollowing formula: http://www. slocity .org/ government/department-directoryThis will be addressed in a separatesubmittal by SLO Rep TheatreN/A91Utilities DepartmentProjects generating more than two cubic yards oftotalwaste shall comply with AB 1826,and local waste management ordinance to reducegreenhouse gas emissions. Trashenclosure(s) shall conform the requirements by the San LuisGarbage Company and refusebins shall be sized to provide a reasonable level of service.Separate refuse bins shall beaccommodated within the site for waste, recycling, andorganics .This will be addressed in a separatesubmittal by SLO Rep TheatreN/A92Utilities DepartmentApplicant will need to obtain in writing that the proposedenclosures and collection methodmeets the San Luis Garbage Company (SLG) requirements.SLG can be contacted at (805)543-0875. The proposed plans show large waste containersat the bottom of the accessramp near the north boundary ofthe project, which will bedifficult to access. Please consultwith SLG to review the access and ensure the large bins willnot create a safety hazard. Allthree waste streams need to be included in the proposedtrash enclosure per Section 2.1.1-D ofthe Uniform DesignCriteria.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A93Utilities DepartmentDriveways and access routes to the trash enclosure shall bedesigned to accommodate thesize and weight of the garbage trucks; a writtenconfirmation from the San Luis GarbageCompany shall be included in the building permit plans forthe proposed project. The trashenclosure area shall have a maximum slope oftwo percentin a way that waste services willnot interfere with vehicular or pedestrian traffic.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A94Utilities DepartmentTree wells shall maintain a 10-foot clearance to the existingsewer and water mains. Newcurbs along the frontage improvements shall maintain a2-foot clearance between the newlip ofgutter and the outside edge ofexisting sewer or watermains .This will be addressed in a separatesubmittal by SLO Rep TheatreN/A95Utilities DepartmentUnderground dewatering systems for basements shalldischarge to an on-site retentionsystem or shall obtain an environmental compliance permitprior to issuance of anoccupancy permit.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A96Use PermitThe proposed parking structure shall operate in substantialcompliance with the project description approved by theCity Council.This will be addressed in a separatesubmittalPH 2.97SLO Rep Theatre UsePermitThe applicant shall defend, indemnify, and hold harmlessthe City and/or its agents,officers, and employees from any claim, action, orproceeding against the City and/ or itsagents, officers, or employees to attack, set aside, void, orannul the approval by the Cityof this project, and all actions relating thereto, including butnot limited to environmentalreview (" Indemnified Claims"). The City shall promptlynotify the applicant of anyIndemnified Claim upon being presented with theIndemnified Claim, and City shall fullycooperate in the defense against an Indemnified Claim.This will be addressed in a separatesubmittal by SLO Rep TheatreN/A98SLO Rep Theatre UsePermitThe proposed SLO Rep theatre shall operate in substantialcompliance with the projectdescription approved by the City Council.This will be addressed in a separatesubmittal by SLO Rep TheatreN/ACOA No.COA No.SubAgencyConditionMitigation MeasuresPhaseDrawing #
30
From:Hill, Robert
Sent:Monday, May 13, 2024 10:04 AM
To:Chip Visci; Hermann, Greg
Cc:Kevin Harris
Subject:RE: ENA Language
Attachments:A. Draft Amendment No. 1 to Exclusive Negotiating Agreement.docx; SLO REP ENA FINAL
SIGNED.pdf
Hi Chip and Kevin,
Attached is the Draft Amendment No. 1 to the ENA consistent with our meeting and subsequent conversations. (We
call it “draft” until it is approved by Council; however, it is not a draft in the sense that we anticipate or can
accommodate further edits at this time). I have also attached the existing ENA for your convenience.
The City Clerk’s Office is seeking to wrap up all reports by noon today. Thanks for working on this with us.
Bob
From: Chip Visci <visci805@gmail.com>
Sent: Friday, May 10, 2024 7:44 PM
To: Hermann, Greg <GHermann@slocity.org>
Cc: Hill, Robert <rhill@slocity.org>; Kevin Harris <kevinharris@slorep.org>
Subject: Re: ENA Language
And thank you! Have a good weekend
On May 10, 2024, at 5:02 PM, Hermann, Greg <GHermann@slocity.org> wrote:
I’ll talk to Bob on Monday, but I think the Council wants to know if other sites are
seriously being considered given the amount of funding we are setting aside for this.
I will see if we can get agreement on language that only requires you to disclose if
another site is considered and not details as well as timing. We’ll give you a call on
Monday.
Greg
From: Chip Visci <
Sent: Friday, May 10, 2024 3:40:24 PM
To: Hermann, Greg <GHermann@slocity.org>
Cc: Hill, Robert <rhill@slocity.org>; Kevin Harris <kevinharris@slorep.org>
Subject: Re: ENA Language
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Greg,
31
PS: I meant to ask — what problem does the disclosure requirement solve? I’m
mainly worried that depending on what the actual requirements for disclosure are,
that some donors will be unpleasantly surprised.
So maybe there’s a different way to solve the City’s needs that doesn’t leave us in a
bad spot with our donors. Again, it all depends what the exact language and
requirements are.
On May 10, 2024, at 3:21 PM, Chip Visci < wrote:
Greg,
Sorry that I did not see your email yesterday.
What’s the actual requirement for disclosure?
On May 9, 2024, at 11:18 AM, Hermann, Greg
<GHermann@slocity.org> wrote:
Hi Chip,
Thanks for the conversation yesterday. Please see the narrative portion
of the recommended ENA changes from the draft staff report below. This
is still in the final stages of approval, but I am not anticipating significant
changes.
Please feel free to give us a call if you have any questions or want to
discuss.
Greg
Amendment No. 1 to Exclusive Negotiating Agreement
The existing ENA has a five-year term and is, therefore, due to expire
on May 22, 2024. Staff recommends extending the term of the ENA,
and the draft amendment includes the following key points:
1. Provides for an additional 6-month term, with an option to
extend for an additional 6-month term, to maintain timely
forward progress in reasonable anticipation that the ENA
could be replaced by a prospective lease agreement within
that timeframe. The extension requires SLO REP to disclose
any other sites or options it is considering for the theatre. The
additional 6-month term is then predicated on SLO REP
issuing a written notice of intent to proceed with final lease
negotiations with the City.
2. Clarifies the expected standard for a construction contingency
of 15%, operating reserve for the first year of 20%, and
required approval of a three-year operating plan including the
32
establishment of a fund for building and facilities maintenance
and repair.
3. Forecasts the potential for a longer, 99-year lease term.
4. Acknowledges progress and milestones that have been met
and addresses minor inconsistencies.
Greg Hermann
pronouns he/him/his
Deputy City Manager
<image001.png>
City Administration
919 Palm Street, San Luis Obispo, CA 93401-3218
E ghermann@slocity.org
T 805.781.7194
C 805.440.1330
slocity.org
<image002.png><image003.png><image004.png><image005.png><ima
ge006.png>
Stay connected with the City by signing up for e-notifications
EXCLUSIVE NEGOTIATING AGREEMENT
This Exclusive Negotiating Agreement (“Agreement”) is entered into this ___day of ______, 2019 (the
“Effective Date”), by and between the City of San Luis Obispo, a California charter municipal corporation
("the City'') and San Luis Obispo Repertory Theatre, a California non-profit corporation (“SLO REP”). The
City and SLO REP are jointly referred to as the “parties”.
RECITALS
WHEREAS, the City is the legal owner of the property located at 888 Morro Street in San Luis Obispo,
California (the “Property”); and
WHEREAS, the City identified a portion of the Property as the site of a proposed public parking structure
(“Palm Nipomo Parking Structure”) and anticipates that an estimated 18,000 square foot portion of the
Property will not be needed for the Palm Nipomo Parking Structure (“Remainder Property”); and
WHEREAS, SLO REP desires to construct a not-for-profit live performance theatre facility and related on-
site and off-site (if any) improvements (“Theatre”) on the Remainder Property; and
WHEREAS, the parties recognize that the exact location, size and availability of the Remainder Property
for the Theatre cannot be determined at this time, and understand that the Remainder Property has
development restrictions including maintenance of trees, street setbacks and provision of pedestrian
connections/plazas from the Palm Nipomo Parking Structure to Monterey Street that affect the net buildable
land; and
WHEREAS, the City wishes to support community-based performing arts groups by encouraging
development of a live performance theatre facility in the downtown; and
WHEREAS, the City and SLO REP recognize that identifying a location for the Theatre, as well as some
of the terms of a future lease, may help SLO REP’s capital fundraising efforts; and
WHEREAS, construction of the Palm Nipomo Parking Structure and the Theatre and related rezoning and
general plan amendments will require environmental review, and SLO REP must provide certain
information about the Theatre before City can conduct the environmental review; and
WHEREAS, the City’s Financial Management Manual allows exclusive negotiations for long term lease of
City property when the there is a clear link between the proposal and accomplishment of significant City
goals, plans or policies; and
WHEREAS, the City considers the development of a not-for-profit live performance theatre on the
Remainder Property to be in the public interest and in accordance with the City's goals and the existing and
proposed Downtown Concept Plan.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements
herein set forth, the parties agree as follows:
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5/22/2019
AGREEMENT
1. RECITALS. The above Recitals are true.
2. TERM. This Agreement shall commence upon the Effective Date and shall continue in effect
for a period of five (5) years (the “Term”), unless sooner terminated as provided herein. The
Parties may extend the Term of this Agreement in writing upon mutual consent.
3. PURPOSE. The purpose of this Agreement is to enable the City to proceed with the Palm
Nipomo Parking Structure, and to allow SLO REP to explore the feasibility of SLO REP
financing, designing, constructing and operating the Theatre, at its sole cost and expense, on the
Remainder Property.
4. CITY’S OBLIGATIONS. The City shall, during the Term of this Agreement:
a. Exclusivity. Negotiate exclusively with SLO REP as the future tenant of the
Remainder Property.
b. Initiate Rezoning, General Plan amendments, and Lot Line Adjustment.
Upon City Council authorization, initiate all rezoning, General Plan amendments,
and a lot line adjustment necessary to allow the construction of the Palm Nipomo
Parking Structure on a portion of the Property and the Theatre on the Remainder
Property. The intent of this Agreement is for the Remainder Property to be created
as a “finished lot,” although the City legally cannot, and therefore does not,
contractually agree as to how it will exercise its legislative authority to rezone or
amend the General Plan and its land use authority to complete a lot line adjustment.
c. Environmental Review. The City has completed environmental review of the Palm
Nipomo Parking Structure and the Theatre and has certified a Final Environmental
Impact Report (“FEIR”) by Resolution No. 10923 (2018 Series). If SLO REP makes
any changes to the Theatre design or if any of the conditions set forth in CEQA
Guidelines § 15162 are triggered, then SLO REP may negotiate the portion of costs it
will bear in the event substantial new environmental issues are discovered during
construction, or if any project-specific environmental review related to the Theatre is
deemed necessary.
5. SLO REP’s OBLIGATIONS. SLO REP shall, during the term of this Agreement:
a. Non-Profit Status. Be a California non-profit corporation in good standing and be
exempt from state and federal income taxes under section 501 (c) (3) of the Internal
Revenue Code.
b. Proof of Financial Ability. Provide to City’s reasonable satisfaction that it has the
financial ability to design, construct and operate the Theatre on the Remainder
Property. At a minimum SLO REP shall:
Fundraising Plan. Provide the City with a fundraising plan by December 31,
2019 that is acceptable to, and approved by, the City Manager, whose approval
shall not be unreasonably withheld, delayed or conditioned. The fundraising plan
shall include a timeline with milestones that shall be met no later than 1 year
from the estimated completion of the Palm Nipomo Parking Structure. These
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milestones shall include, at a minimum, prior to commencement of lease
negotiations, but no later than one (1) year after City’s award and execution of a
contract to construct the Palm Nipomo parking Structure, that SLO REP shall
demonstrate, to the City Finance Director’s reasonable satisfaction, that SLO
REP has available at least 50% of all the funds necessary to design and construct
the Theatre.
i. Preliminary Cost Estimates. Provide the City with preliminary costs estimates
by December 31, 2020 to design, construct and operate the Theatre for at least
the first two (2) years after completion of construction. Update those estimates
as design progresses, but at least every 6 months. SLO REP will include the
payment of prevailing wages in its estimates.
ii. Annual Financials. Annually, on or before December 31st of each year, provide
the City with a current financial statement, copy of most recent filed state and
federal tax returns, and copies of current bank statements, to demonstrate
fundraising results for the Theatre.
iii. Formal Development Application. Finalize and submit a formal development
application for the Theatre to the City.
iv. Compensation for City Review Costs. Discuss and finalize how City
processing and review costs will be funded.
c. Environmental Review Information. Provide the City promptly with all information
necessary to conduct any subsequent environmental review of the Theatre that may be
necessary. This information includes, but is not limited to, square footage of structure;
square footage of various uses such as office, storage, classroom, and theatre; number
of seats; maximum number of performances per week, and any other information
deemed necessary by City.
6. TERMINATION. Either party may terminate this Agreement without liability to the other party
at any time by written notice to the other. This Agreement shall automatically terminate in the
event SLO REP fails to secure building permits for the Theatre one year after the completion of
the Palm Nipomo parking structure.
7. CONDITIONS PRECEDENT TO LEASE NEGOTIATION AND EXECUTION. All of the
following conditions must be met as conditions precedent prior to lease execution for the
Remainder Property:
a. Lease negotiation:
i. Rezoning and Lot Line Adjustment. City has rezoned and/or amended the
City’s general plan and has perfected a lot line adjustment that will create the
Remainder Property as a “finished lot” allowing for construction and its use as
the Theatre.
ii. Obligations Met. Both City and SLO REP have met all of their respective
obligations under the Agreement.
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b. Availability of Funds for Design, Construction, and Operation of the Theatre Prior
to execution of the lease, SLO REP demonstrates to the City Manager’s reasonable
satisfaction that SLO REP has met all applicable fundraising milestones in the
fundraising plan approved by the City Manager.
c. Non-Profit Status. SLO REP has maintained its non-profit and tax-exempt status under
applicable state and federal law.
d. Design and Construction Schedule. Prior to lease execution, provide to the City’s
Community Development Director’s reasonable satisfaction, a design and construction
schedule, demonstrating, at a minimum, the Theatre will be constructed and completed
within 3 years of the completion of the Palm Nipomo Parking Structure.
e. Design Coordination. Coordinate design of the Theatre with the City to ensure it is
compatible with the Palm Nipomo Parking Structure.
8. GENERAL LEASE TERMS. If the parties enter into the exclusive negotiations, the parties
desire that the lease include the following general provisions; provided, the actual language of
each provision is subject to further negotiation, and most material terms and provisions of the
lease have not yet been discussed. The City shall not lease the land for minimal rent unless the
lease is completely acceptable to the City and approved by the City Attorney. Nothing in this
paragraph shall be interpreted as an agreement or offer to lease upon the terms, provisions or
language set forth below.
a. SLO REP shall commence construction of the Theatre no later than one (1) year after the
completion of the Palm Nipomo Parking Structure and shall complete construction of the
Theatre within three (3) years after that. SLO REP shall not commence construction of
the Theatre unless SLO REP demonstrates, to the City’s Finance Manager’s reasonable
satisfaction prior to expiration of the year within which SLO REP is to commence
construction, that SLO REP has all of the funds necessary to design and construct, as
well as operate for at least one (1) years after completion of construction, the Theatre,
plus a 15% contingency, available in cash or approved financing (the “Required Funds”).
If SLO REP does not timely demonstrate that SLO REP has the Required Funds, or if
SLO REP fails to timely begin or timely complete construction, SLO REP shall be in
substantial default, and the lease shall automatically terminate unless City agrees
otherwise in writing. The Theatre shall be deemed complete only upon issuance of a
Certificate of Occupancy.
b. Minimum 40-year term with the right of first refusal for additional lease years provided
that Theatre is in good standing at the time of the renewal window, which shall open
after 35 years and conclude after 37 years unless the window is extended.
c. Rent of $1.00 per year provided SLO REP:
i. Is a California non-profit corporation in good standing; and
ii. Is a federal and state income tax exempt 501 (c)(3) entity; and uses the
Remainder Property solely as a live performance theatre and related City
approved community uses.
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iii. SLO REP’s failure to maintain its non-profit corporate status in good standing
or its tax-exempt status under applicable state and federal law or to use the
Remainder Property for any purpose other than as a live performance theatre and
related City approved community uses during the term or any extended term of
the lease, shall be a material breach of the lease. In the event any such breach
occurs, City may, at its option, either terminate the lease or raise the rent to fair
market rates for neighboring commercial uses.
d. SLO REP shall design, construct, operate and maintain the Theatre and all street frontage
and landscaping, utility extensions and connections, and other improvements, based on
agreed upon and approved plans and specifications, at its sole cost and expense without
any assistance from the City.
e. SLO REP shall be responsible for meeting or mitigating all conditions, impacts,
mitigations and requirements identified in the environmental review and entitlement
processes for issues associated with the SLO REP’s operation of a theatre on the
Property, at SLO REP’s sole cost and expense.
f. The design of the Theatre must be compatible with the design of the Palm Nipomo
Parking Structure, including the parking structure’s entrance and exiting needs, as
determined by the sole discretion of the Public Works Director.
g. SLO REP shall take all reasonable efforts to preserve, protect, and maintain the large oak
tree on 614 Monterey, along with the tree on the corner of Monterey and Nipomo.
h. If the SLO REP is not in material compliance with the Lease or ceases to be financially
solvent and to maintain the Property in a commercially reasonable manner, the lease shall
contain provisions for the City to declare a default of the Lease, for SLO REP to effect a
reasonable cure of the default(s), and for the City to terminate the Lease if the default(s)
are not cured pursuant to the terms and conditions of the Lease, and for the Remainder
Property to revert to the City.
i. Prevailing wages shall be paid by SLO REP for construction of the Theatre and related
improvements, mitigations etc.
j. SLO REP shall pay all applicable parking in lieu fees for a Community Partner, as
determined by the sole discretion of the City’s Public Works Director.
k. Payment of possessory interest and other taxes by SLO REP.
l. Other long-term landlord protection ground lease provisions, such as City standard
insurance requirements, indemnity provisions, attorneys’ fees, prohibitions against
nuisance, waste, requiring maintenance at SLO REP expense, etc.
m. If the City Council does not move ahead with the construction of the Palm/Nipomo
structure, a new agreement will need to be negotiated between the parties for a mutually
acceptable alternate site or an alternate set of requirements for a portion of the Property.
n. The City will not subordinate its interest in the Remainder Property to any financing.
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10. AMENDMENT. This Agreement may be extended or modified with the mutual consent of the
parties. Any such extension, amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Council.
11. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties.
No oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding or representation be binding upon the parties.
12. NOTICE. All notices to the parties shall be in writing and shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City: Derek Johnson
City Manager
990 Palm Street
San Luis Obispo, CA 93401
SLO REP: Kevin Harris
Managing Artistic Director
888 Morro Street
San Luis Obispo, CA 93401
13. AUTHORITY TO EXECUTE AGREEMENT. Both City and SLO REP warrant and represent
that each individual executing the Agreement on behalf of each party is a person duly authorized
and empowered to execute agreements for such party.
IN WITNESS WHEREOF, the parties execute this Agreement on the day and year first above written.
ATTEST CITY OF SAN LUIS OBISPO
Teresa Purrington
City Clerk
Date Heidi Harmon
Mayor
Date
APPROVED AS TO FORM: SLO REPERTORY THEATRE
J. Christine Dietrick
City Attorney
Date Kevin Harris
Managing Artistic Director
Date
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Council Minutes
City Hall, 990 Palm Street, San Luis Obispo
Tuesday, December 4, 2018
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
December 4, 2018 at 6:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San
Luis Obispo, California, by Mayor Harmon.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson Aaron Gomez, Erica A Stewart, Vice
Mayor Andy Pease, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Vice Chair Pease led the Pledge of Allegiance.
APPOINTMENTS
1. APPOINTMENTS TO THE ZONE 9 ADVISORY COMMITTEE
City Clerk Purrington presented the contents of the report.
Public Comments:
None
End of Public Comments ---
ACTION: MOTION BY VICE CHAIR PEASE, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0 to:
San Luis Obispo Page I
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San Luis Obispo City Council Minutes of December 4, 20] 8 Page 2
Make appointments to the Zone 9 Advisory Committee, effective December 31, 2018, and
recommend the County Board of Supervisors confirm, as follows:
1. Appoint Christine Mulholland to serve as public member to represent the City of San
Luis Obispo on the Zone 9 Advisory Committee for a term to expire on December 31,
2022; and
2. Appoint Dave Romero to serve as the alternate member to represent the City of San Luis
Obispo on the Zone 9 Advisory Committee for a term to expire on December 31, 2022;
and
3. Appoint Matt Horn, City Engineer, to serve as the staff representative on the Zone 9
Advisory Committee; and
4. Appoint Brian Nelson, Supervising Civil Engineer, to serve as the alternate staff
representative on the Zone 9 Advisory Committee for a term to expire on December 31,
2022.
2. APPOINTMENTS TO THE CITIZENS' REVENUE ENHANCEMENT OVERSIGHT
COMMISSION, JACK HOUSE COMMITTEE, AND MASS_ TRANSPORTATION
COMMITTEE
City Clerk Purrington presented the contents of the report.
Public Comments:
Tom Tyran Kincaid
End of Public Comments ---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER GOMEZ, CARRIED 5-0 to:
1. Confirm the appointment of Winston Newland to the Citizens' Revenue Enhancement
Oversight Commission, to complete an unexpired term through June 30, 2019.
2. Confirm the appointment of Julie Moore, as the representative of the San Luis Obispo
County History Center, to the Jack House Committee effective December 4, 2018; and
3. Confirm the appointment of Ryan Hund, as the ASI student representative, to the Mass
Transportation Committee, to complete an unexpired term through March 31, 2019.
INTRODUCTION
3. INTRODUCTION OF ERIC HAGEN CHIEF BUILDING OFFICIAL
Community Development Director Michael Codron introduced Eric Hagen as the new Chief
Building Official.
PRESENTATIONS
4. PROCLAMATION - RECOGNITION OF SERVICE - CARRIE MATTINGLY
City Manager Derek Johnson presented a proclamation to retiring Utilities Director Carrie
Mattingly, in recognition of her service.
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PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
End of Public Comment ---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
VICE CHAIR PEASE, CARRIED 5-0 to approve Consent Calendar Items 5 thru 12.
Public Comment
Lea Brooks — 8
Myron Amerine — 8
Kevin Harris — 10
Myron Amerine — 12
End of Public Comment ---
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
6. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2019
CARRIED 5-0, to adopt the proposed 2019 regular City Council meeting schedule with
meetings normally held the first and third Tuesday of every month, with the following
exceptions:
1. Reschedule the Regular City Council meeting of January 1 to January 8, 2019, and
2. Cancel the Regular City Council meetings of August 6 and December 17, 2019.
7. APPROVAL OF THE FINAL MAP FOR TRACT 3089 PHASE 1, AVILA RANCH,
175 VENTURE DRIVE (SBDV 2042-2015)
CARRIED 5-0, to adopt a Resolution entitled, "A Resolution of the City Council of the
City of San Luis Obispo, California, approving the final map for Tract 3089 Phase 1 Avila
Ranch (175 Venture Drive, SBDV-2042-2015)," and authorizing the Mayor to execute the
easements, agreements, and associated fee offers, including the recommended changes in the
staff agenda correspondence.
8. PLANS AND SPECIFICATIONS FOR BUCHON TRAFFIC CALMING
CARRIED 5-0, to
1. Approve Plans and Specifications for Buchon Traffic Calming Measures; and
2. Authorize staff to advertise for bids and the City Manager to award the contract if the
lowest responsible bid is within the Engineer's Estimate of $160,000; and
3. Authorize the use and transfer of $142,000 from the City's Neighborhood Traffic
Calming budget and $18,000 from the City's Traffic Safety & Operations Budget to the
project account.
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9. ADJUSTMENTS TO SUPPLEMENTAL SALARY SCHEDULE AND POLICY AS A
RESULT OF MINIMUM WAGE INCREASES
CARRIED 5-0, to
1. Adopt a Resolution entitled, "A Resolution of the City Council of the City of San Luis
Obispo, California, establishing and adopting a supplemental employee salary schedule
and superseding previous resolutions in conflict," as necessary to comply with
California Fair Wage Act of 2016 requiring a minimum wage of $12.00 per hour
effective January 1, 2019; and
2. Adopt the revised Supplemental Employee Policy.
10. SAN LUIS OBISPO REPERTORY THEATRE EXCLUSIVE NEGOTIATING
AGREEMENT
CARRIED 5-0, to
Authorize the Mayor to sign an Exclusive Negotiating Agreement with the San Luis Obispo
Repertory Theatre, SLO REP, for long-term use of a portion of the Palm/Nipomo Parking
Structure site to construct and operate a new theatre, based on parameters previously set
forth by the City Council.
11. REPEALING AND REPLACING RESOLUTION NO. 10894 TO REFLECT
UPDATED ZONING REGULATION SECTION FOR PROPERTY MAINTENANCE
STANDARDS
CARRIED 5-0, to Adopt a Resolution entitled, "A Resolution of the City Council of the
City of San Luis Obispo, California, repealing and replacing Resolution No. 10894 (2018) to
reflect updated zoning regulation sections."
12. ACQUISITION OF EASEMENTS FOR THE RAMONA DRIVE TO FOOTHILL
BOULEVARD CLASS 1 PATH
CARRIED 5-0, to Authorize the Mayor to execute easement and deed agreements in a total
amount not to exceed $423,700 including title and escrow charges in a form subject to the
approval of the City Attorney.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
13. WATER RESOURCE RECOVERY FACILITY PROJECT - AUTHORIZATION TO
BID
Utilities Director Carrie Mattingly and Deputy Director Dave Hix provided an in-depth staff
report and responded to Council questions.
Public Comments:
Autumn Brown
Rosemary Wrenn
Scott Zimmerman
Daniel Mora
Richard Van Humbeck
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San Luis Obispo City Council_ Minutes of December 4, 2018 Pie 5,
Jesse Brooks
Quinn Brady
Tony Skinner
Sean Perry
Dave Baldwin
David Gilliland
Nick Andre
End of Public Comment ---
ACTION: MOTION BY MAYOR HARMON SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0 to:
1. Approve plans and specifications for the Water Resource Recovery Facility (WRRF)
Project, Specification No. 91620; and
2. Authorize staff to advertise for construction bids pending City Engineer's approval of
the bid set; and
3. Authorize the City Manager to award the contract if the lowest responsible bid is within
the project construction budget of $111,600,000; and
4. Approve amended WRRF Project -specific Construction Contract Change Order policy
and authorize the Utilities Director to be responsible for construction contract change
orders (CCOs) for the WRRF Project in any amount with the limitation that the sum
total of all CCOs not exceed the contingency budget amount of $13,390,000; and
5. Incorporate the Community Workforce Agreement into WRRF Project Spec. No 91620
as approved by signatory Craft Councils and Unions affiliates and the Tri -Counties
Building and Construction Trades Council, AFL-CIO as included in the Council agenda
packet for the November 13, 2018 Meeting.
STUDY SESSION ITEMS
14. BOB JONES TRAIL (CALLE JOAQUIN TO OCEANAIRE) PREI+ERREI)
ALTERNATIVE SELECTION
Public Works Director Daryl Grigsby, Transportation Manager Jake Hudson and Active
Transportation Manager Adam Fukushima provided an in-depth staff report and responded
to Council questions.
Public Comments:
Myron Amerine
Lea Brooks
Ken Kienow
End of Public Comment ---
ACTION: By consensus, Council directed staff to evaluate other route alternatives which
are not consistent with the Bicycle Transportation Plan as part of the planning of the
forthcoming Active Transportation Plan.
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San Luis Obis o City Council Minutes of December 4 2018 Parc 6
RECESS
Council recessed at 8:35 p.m. and reconvened at 8:50 p.m., with all Council Members
present.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
15. 2019-21 FINANCIAL PLAN PROCESS: ECONOMIC OUTLOOK BUDGET
POLICIES AND CAPITAL IMPROVEMENT PLAN REVIEW
Finance Director Brigitte Elke and Budget Manager Alex Ferreira provided an in-depth staff
report and responded to Council questions.
Public Comments:
None
End of Public Comment ---
ACTION: By consensus, the Council reviewed and approved the 2019-21 Financial Plan
Goal Setting Process.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Vice Mayor Pease invited the public to the Police Department Community Meeting and Station
tour on Thursday, December 6, 2018 and also indicated that the City Council would be
participating in the annual holiday parade on Friday, December 7, 2018.
ADJOURNMENT
The meeting was adjourned at 10:02 p.m. The next Rescheduled Regular City Council Meeting
is scheduled for Tuesday, January 8, 2019 at 6:00 p.m., in the Council Chamber, 990 Palm
Street, San Luis Obispo, California.
l
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: 01/08/2019
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39
From:Hill, Robert
Sent:Monday, April 15, 2024 4:51 PM
To:White, Kelly; Hermann, Greg
Cc:Purrington, Teresa; Dietrick, Christine; Wilbanks, Megan
Subject:RE: 04/23/2024 Closed Session Titles
Received, thank you!
From: White, Kelly <kwhite@slocity.org>
Sent: Monday, April 15, 2024 4:14 PM
To: Hill, Robert <rhill@slocity.org>; Hermann, Greg <GHermann@slocity.org>
Cc: Purrington, Teresa <TPurring@slocity.org>; Dietrick, Christine <cdietric@slocity.org>; Wilbanks, Megan
<mwilbanks@slocity.org>
Subject: RE: 04/23/2024 Closed Session Titles
Bob – Looks like I replied earlier to a step in the email thread you weren’t copied on. Sorry…
I added the APNs to the 20240423_CS NoƟce.docx but who is the Negotiating Party that City staff will be preparing to
negotiate with? Usually this is the property owner but I take it, in this instance, the City owns all the properties.
I’ve added you to the list of Agency Negotiators but please review the list for any other edits or additions.
Folder for your memo is here: 20240423_Real Property - SLO Rep
Kelly White
Senior Legal Analyst
City Attorney's Office
E kwhite@slocity.org
T 805.781.7060
From: Hill, Robert <rhill@slocity.org>
Sent: Monday, April 15, 2024 3:58 PM
To: Hermann, Greg <GHermann@slocity.org>; Dietrick, Christine <cdietric@slocity.org>; Wilbanks, Megan
<mwilbanks@slocity.org>
Cc: Purrington, Teresa <TPurring@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: RE: 04/23/2024 Closed Session Titles
Hi Kelly,
Here is the property description for the SLO REP price & terms negotiation discussion:
610 and 614 Monterey Street, a portion of 972 Nipomo Street, and a portion of City Parking Lot No. 14. Assessor’s
Parcel Nos. 002-412-011, 002-412-012, 002-412-002 (portion) and 002-412-004 (portion).
I am starting to assemble the info that will go into the memo now and will be happy to move that into form once we
have a closed folder set up for this item.
Thanks all,
Bob
40
From: Hermann, Greg <GHermann@slocity.org>
Sent: Monday, April 15, 2024 10:24 AM
To: Dietrick, Christine <cdietric@slocity.org>; Wilbanks, Megan <mwilbanks@slocity.org>
Cc: Purrington, Teresa <TPurring@slocity.org>; White, Kelly <kwhite@slocity.org>; Hill, Robert <rhill@slocity.org>
Subject: RE: 04/23/2024 Closed Session Titles
Will do and thanks.
Greg
From: Dietrick, Christine <cdietric@slocity.org>
Sent: Monday, April 15, 2024 8:59 AM
To: Wilbanks, Megan <mwilbanks@slocity.org>
Cc: Hermann, Greg <GHermann@slocity.org>; Purrington, Teresa <TPurring@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: RE: 04/23/2024 Closed Session Titles
Megan/Kelly – this is a real property lease price and terms item. Greg can you please have your team work with Kelly
on the property info necessary for the notice. Thx.
From: Wilbanks, Megan <mwilbanks@slocity.org>
Sent: Monday, April 15, 2024 8:56 AM
To: Dietrick, Christine <cdietric@slocity.org>
Cc: Hermann, Greg <GHermann@slocity.org>; Purrington, Teresa <TPurring@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: 04/23/2024 Closed Session Titles
Hi Christine,
Greg requested that we add a 30-minute item to the existing Closed Session on 4/23 to discuss something to do with
SLO REP. Council just confirmed the new start time of 1:30 p.m.; could you please send me the titles when you get a
chance?
Thanks!
Megan Wilbanks
Deputy City Clerk
City Administration
990 Palm, San Luis Obispo, CA 93401-3249
E mwilbank@slocity.org
T 805.781.7103
slocity.org
Stay connected with the City by signing up for e-notifications
64
From:Marquart, Ben
Sent:Thursday, November 2, 2023 11:31 AM
To:Gorter, James
Cc:Kacsinta, Madeline
Subject:FW: SWPPP Plan for James Gorter Review
Attachments:SWPPP -SLO DOWNTOWN PARKING SWPPP_v20231102.pdf
Jim-
Attached is a copy of the SWPPP plan for the CADPS project for your review. I’m not sure if you have access to
Procore for the project but it resides there as-well. Please respond (Procore or Email) with any questions / Comments.
Thanks,
Ben
From: Tally Richtsmeier <trichts@kitchell.com>
Sent: Thursday, November 2, 2023 10:25 AM
To: Marquart, Ben <bmarquar@slocity.org>
Cc: Ryan Stefanek <rstefanek@kitchell.com>
Subject: SWPPP Plan for James Gorter Review
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Ben ,
Officially, please find attached SWPPP Plan from Swinerton if James Gorter would like to review. I’ve submitted it in Procore for
RRM review as well, so the city would be concurrently reviewing with the design team.
Thank you,
Tally Richtsmeier, Project Engineer II
Kitchell CEM
1304 Broad Street
San Luis Obispo, CA 93401
Cell: 801-557-2289 | Direct: 916-713-6981
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
STORM WATER POLLUTION
PREVENTION PLAN
Project Name:
SLO Downtown Parking Structure Project
Legally Responsible Person (LRP)
Brian Nelson
Deputy Director of Public Works / City Engineer
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Prepared For:
The City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA
Risk Level: 2
Site Addresses:
Cultural Arts District
609 Palm Street
San Luis Obispo, CA 93401
Estimated Project Construction Dates:
November 13, 2023 – February 13, 2025
SWPPP Prepared by:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546 phone
QSP
Daniel Parker-King, RCE, QSD/P
Permit Registration Submittal Date:8/31/23
WDID No: - 565511
Date: 11/1/23
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TABLE OF CONTENTS
Acronyms .............................................................................................................................................................. 4
Legally Responsible Person ................................................................................................................................... 5
Qualified SWPPP Developer .................................................................................................................................. 6
Storm Water Multi-Application and Report Tracking System ............................................................................................ 6
1.0 SWPPP Requirements............................................................................................................................... 7
1.1 Introduction ......................................................................................................................................................... 7
1.2 Permit Registration Documents ........................................................................................................................... 7
1.3 Swppp availability and implementation .............................................................................................................. 8
1.4 Pollution Prevention Team .................................................................................................................................. 8
1.5 Duly Authorized Representatives ........................................................................................................................ 8
1.6 Permits and Governing Documents ..................................................................................................................... 8
1.7 SWPPP Amendments ........................................................................................................................................... 9
1.8 Retention of Records ........................................................................................................................................... 9
1.9 Exceedance Response Actions (ERA’s) ............................................................................................................... 10
1.10 Annual Comprehensive Facility Compliance Evaluation .................................................................................... 10
1.11 Annual Report .................................................................................................................................................... 11
1.12 Termination and Changes to General Permit Coverage ..................................................................................... 11
2.0 Facility Information ................................................................................................................................ 11
2.1 Facility Description ............................................................................................................................................. 11
2.1.1 Facility Location ............................................................................................................................................ 11
2.1.2 Existing Conditions ........................................................................................................................................ 12
2.1.3 Description of Drainage Areas and Existing Drainage ................................................................................... 13
2.1.4 Developed Condition .................................................................................................................................... 14
2.2 Project Risk Level ............................................................................................................................................... 14
2.2.1 Project Sediment Risk: .................................................................................................................................. 15
2.2.2 Receiving Water Risk: .................................................................................................................................... 17
2.2.3 Combined Risk: ............................................................................................................................................. 17
2.3 Construction Site Estimates ............................................................................................................................... 18
2.4 Construction Schedule ....................................................................................................................................... 18
2.5 Identification of Potential Pollutant Source ....................................................................................................... 18
3.0 Best Management Practices .................................................................................................................. 19
3.1 Contractor Information ...................................................................................................................................... 19
3.2 BMP Installation Schedule ................................................................................................................................. 19
3.3 Erosion & Sediment Control Best Management Practices ................................................................................. 21
3.4 Non-Storm Water and Material Management Best Management Practices ..................................................... 21
3.5 Post-Construction Best Management Practices ................................................................................................. 22
3.6 Housekeeping Requirements ............................................................................................................................. 22
3.7 Non-Storm Water Management ........................................................................................................................ 24
3.8 Erosion Control .................................................................................................................................................. 24
3.9 Sediment Control ............................................................................................................................................... 24
3.10 Inspection, Maintenance & Repair .................................................................................................................... 24
3.11 Training .............................................................................................................................................................. 25
3.12 Inspection and Entry .......................................................................................................................................... 25
4.0 Construction Site Monitoring Program .................................................................................................. 26
4.1 Construction Site Monitoring Program (CSMP) ................................................................................................. 26
4.2 Visual Monitoring & Inspection ......................................................................................................................... 27
4.3 Non-Storm Water Discharge Monitoring ........................................................................................................... 28
4.4 Water Quality Sampling and Analysis ................................................................................................................ 28
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4.5 Construction Activity ......................................................................................................................................... 28
4.6 Quality Assurance and Quality Control .............................................................................................................. 29
4.7 Reporting Requirements and Records Retention .............................................................................................. 31
5.0 General Procedures and Requirements .................................................................................................. 31
5.1 SWPPP Availability and Implementation ........................................................................................................... 31
5.2 SWPPP Amendments ......................................................................................................................................... 32
5.1 Retention of Records ......................................................................................................................................... 32
5.2 Reporting Requirements .................................................................................................................................... 32
5.3 Required Non-Compliance Reporting ................................................................................................................ 33
5.4 Annual Report .................................................................................................................................................... 33
5.5 Changes to Permit Coverage .............................................................................................................................. 33
5.6 Notice of Termination ........................................................................................................................................ 33
APPENDIX A NPDES CONSTRUCTION GENERAL PERMIT ............................................................................. 36
APPENDIX B BMPS FROM THE 2009 CALIFORNIA CONSTRUCTION BMP HANDBOOK ......................... 37
APPENDIX C LIST OF POTENTIAL NON-VISIBLE POLLUTANTS ................................................................... 48
APPENDIX D SWPPP CONTRACTOR/SUBCONTRACTOR AGREEMENTS ................................................... 50
APPENDIX E CONTRACTOR/SUBCONTRACTOR INFORMATION .................................................................. 51
APPENDIX F SWPPP TRAINING LOG ................................................................................................................... 53
APPENDIX G SITE MAP EROSION CONTROL PLAN ......................................................................................... 55
APPENDIX H RISK LEVEL CALCULATIONS ....................................................................................................... 61
APPENDIX I CHAIN-OF-CUSTODY (COC) FORM ............................................................................................... 64
APPENDIX J SWPPP AMENDMENT(S) & LOG ............................................................................................................ 66
APPENDIX K CORRECTIVE ACTION LOG .................................................................................................................... 68
APPENDIX L SAMPLING LOG ................................................................................................................................ 75
APPENDIX M ANNUAL FEE STATEMENT AND RECIEPTS .............................................................................. 80
APPENDIX N CONSTRUCTION SITE MONITORING INSPECTION FORM ...................................................... 84
APPENDIX O RAIN EVENT ACTION PLAN .......................................................................................................... 91
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ACRONYMS
ASTM American Society of Testing and Materials
BAT Best Available Technology
BCT Best Conventional Pollutant Control Technology
BMP Best Management Practice
BPT Best Practicable Control Technology Currently Available
CFR Code of Federal Regulations
CGP Construction General Permit –
NPDES Construction General Permit for Storm Water Discharges associated with
Construction Activities
COC Chain of custody
COT City of Tehachapi
CSMP Construction Site Monitoring Program
CWA Clean Water Act of 1987
EPA Environment Protection Agency
LRP Legally Responsible Person
MS4 Municipal Storm Sewer System
NAL Numeric Action Levels
NEL Numeric Effluent Limitations
NOAA National Oceanic and Atmospheric Administration (www.noaa.gov)
NOI Notice of Intent
NOT Notice of Termination
NPDES National Pollution Discharge Elimination System
POC Pollutants of Concern
PoP Probability of Precipitation
PRD Permit Registration Documents
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
REAP Rain Event Action Plan
RUSLE Revised Universal Soil Loss Equation
RWQCB Regional Water Quality Control Board
SAP Sampling and Analysis Plan
SMARTS Storm water Multi- Application Report Tracking System
SWAMP Surface Water Ambient Monitoring Program
SWPPP Storm Water Pollution Prevention Plan
SWPPM Storm Water Pollution Prevention Manager
SWRCB State of California Water Resources Control Board
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LEGALLY RESPONSIBLE PERSON
Approval and Certification of the Stormwater Pollution Prevention Plan
Facility Name SLO Downtown Parking Structure
Waste Discharge Identification
(WDID): 565511
“I certify under penalty of law that this document and all Attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering the information, to the best of my knowledge and belief, the
information submitted is, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
_______________________________________
Legally Responsible Person/Organization Date
_______________________________________
Legally Responsible Person Date
____Brian Nelson________________________ 805-781-7113
Printed Name Phone
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QUALIFIED SWPPP DEVELOPER
This SWPPP was prepared under the direction of Daniel Parker-King, a Qualified SWPPP
Developer (QSD).
___________________________________________ 8/23/23
Daniel Parker-King, RCE, QSD/P Date
Mr. Parker-King possesses the following QSD qualifications per Section VII of the Construction
General Permit:
California Registered Civil Engineer, C74672, Expiration 12.31.23
QSD Certification Number C74672
Contact Information for questions or concerns:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546
This SWPPP conforms to the required elements of the Construction General Permit Order No.
2009-0009-DWQ and amendments Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ
issued by the State of California, State Water Resource Control Board. A QSD is required to
prepare any necessary SWPPP amendments or annual reports.
This SWPPP (including all inspections, amendments and reports) and the Construction General
Permit shall be maintained for three years from the date submitted. These records shall be
available at the construction site until construction is complete. When the original SWPPP is
retained by a crewmember in a construction vehicle and it is not currently at the construction
site, current copies of the BMPs and map/drawing will be left with the field crew and the original
SWPPP shall be made available via a request by radio/telephone.)
STORM WATER MULTI-APPLICATION AND REPORT TRACKING
SYSTEM
The Construction General Permit requires all dischargers to electronically file all Permit
Registration Documents (PRDs), Notices of Termination (NOT), changes of information (COI’s),
annual reporting, and other compliance documents required by the Construction General Permit
through the State Water Board’s Storm water Multi-Application and Report Tracking System
(SMARTS) website. SMARTS can be found at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
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1.0 SWPPP REQUIREMENTS
1.1 INTRODUCTION
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo.
This Stormwater Pollution Prevention Plan (SWPPP) is designed to comply with California’s
General Permit for Stormwater Discharges Associated with Industrial Activities (General Permit)
Order No. 2014-0057-DWQ (NPDES No. CAS000001) issued by the State Water Resources
Control Board (State Water Board). This SWPPP has been prepared following the SWPPP
Template provided on the California Stormwater Quality Association Stormwater Best
Management Practice Handbook Portal: Industrial and Commercial (CASQA 2014). In
accordance with the General Permit, Section X.A, this SWPPP contains the following required
elements:
· Facility Name and Contact Information
· Site Map
· Storm Water Pollution Prevention Plan
· Signed Certification Statement
· Annual Fee (Appendix M)
1.2 PERMIT REGISTRATION DOCUMENTS
Required Permit Registration Documents (PRDs) were submitted to the State Water Board via
the Stormwater Multi Application and Report Tracking System (SMARTS) by the Legally
Responsible Person (LRP), or authorized personnel (i.e., Approved Signatory) under the
direction of the LRP. To obtain coverage, the Edwards Construction Group must electronically
file Permit Registration Documents (PRDs) prior to the commencement of construction activity.
Failure to obtain coverage under the Construction General Permit for storm water discharges to
waters of the United States is a violation of the CWA and the California Water Code.
The project-specific PRDs include:
Notice of Intent (NOI)
Risk Assessment (Appendix H)
Site Map (Appendix G)
Storm Water Pollution Prevention Plan
Signed Certification Statement
Annual Fee (Appendix M)
The annual fee is required no later than seven days prior to the commencement of construction
activities. Permit coverage shall not commence until the annual fee and PRDs are received by
the State Water Board, and a Waste Discharger Identification (WDID) number is assigned and
sent by State Water Board Storm water Multi-Application and Report Tracking System
(SMARTS).
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1.3 SWPPP AVAILABILITY AND IMPLEMENTATION
The SWPPP is available on-site to all employees during all hours of operation (see Section 2.5
for the Operations Schedule), and will be made available upon request by a State or Municipal
inspector. The SWPPP will be implemented by August 1, 2023.
1.4 POLLUTION PREVENTION TEAM
Facility staff that have been designated as Pollution Prevention Team members are
listed below in Table 1.1., along with their responsibilities and duties. A list of alternate
team members is also provided, and these personnel will perform SWPPP activities
when regular members of the Pollution Prevention Team are absent or unavailable. This
table will be updated as needed when there are changes to staff and staff
responsibilities. All team members will be trained to perform the duties assigned to them.
Employee training logs are provided in Appendix C.
Table 1.1 Pollution Prevention Team
Name Title Phone Number Responsibilities and Duties
Daniel Parker-King QSP 805-550-8546 Inspection, Testing, Reporting
Jesse Kaltenberg QSP 805-250-2891 Inspection, Testing, Reporting
1.5 DULY AUTHORIZED REPRESENTATIVES
Duly Authorized Representative(s) who are responsible for SWPPP implementation and have
authority to sign PRDs [is/are] listed below in Table 1.2. Written authorizations from the LRP for
these individuals are provided in Appendix D.
Table 1.2 Duly Authorized Representatives
Name Title Phone Number
1.6 PERMITS AND GOVERNING DOCUMENTS
In addition to the General Permit, the following documents have been taken into account while
preparing this SWPPP:
· Regional Water Board requirements;
· Basin Plan requirements;
· TMDL Requirements;
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· Spill Prevention Control and Countermeasures Plan;
· Hazardous Material Business Plan;
· Hazardous Waste Regulations and Permits;
· Air Quality Regulations and Permits ; and
· Clean Water Act Section 401 Water Quality Certifications and 404 Permits.
1.7 SWPPP AMENDMENTS
This SWPPP will be amended or revised as needed. A list of amendments (Amendment Log) is
included in the front of this SWPPP (page 7), and amendment certifications are included in
Appendix E. The Amendment Log will include the date of initial preparation and the date of each
amendment. The SWPPP should be revised when:
· There is a General Permit violation;
· There is a reduction or increase in the total industrial area exposed to stormwater;
· BMPs do not meet the objectives of reducing or eliminating pollutants in stormwater
discharges;
· There is a change in industrial operations which may affect the discharge of pollutants to
surface waters, groundwater(s), or a municipal separate storm sewer system (MS4);
· There is a change to the parties responsible for implementing the SWPPP; or
· Otherwise deemed necessary by the QISP.
The following items will be included in each amendment:
· Who requested the amendment;
· The location of proposed change;
· The reason for change;
· The original BMP(s) proposed, if any; and
· The new BMP(s) proposed.
· Amendments will be logged at the front of the SWPPP and certification kept in Appendix
E.
The SWPPP text will be revised replaced, and/or hand annotated as necessary to properly
convey the amendment. SWPPP amendments must be certified and submitted by the LRP or
their designated Duly Authorized Representative via SMARTS within 30 days whenever the
SWPPP contains significant revisions. With the exception of significant revisions, SWPPP
changes will be certified and uploaded to SMARTS once every three (3) months in the reporting
year.
1.8 RETENTION OF RECORDS
Paper or electronic records of documents required by this SWPPP will be retained for a
minimum of five (5) years from the date generated or date submitted, whichever is later, for the
following items:
· Employee Training Records;
· BMP Implementation Records;
· Spill and Clean-up Related Records;
· Records of Sampling and Analysis Information
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• The date, exact location, and time of sampling or measurement;
• The date(s) analyses were performed;
• The individual(s) that performed the analyses;
• The analytical techniques or methods used; and
• The results of such analyses;
· Records of Visual Observations
• The date
• The industrial areas/drainage areas of the facility observed during the inspection
(Location);
• The approximate time of the observation;
• Presence and probable source of observed pollutants; and
• Name of the individual(s) that conducted the observations;
• Response to the observations including identification of SWPPP revisions if needed.
• Level 1 ERA Reports;
• Level 2 ERA Action Plan;
• Level 2 ERA Technical Report; and
• Annual Reports from SMARTS (checklist and any explanations).
1.9 EXCEEDANCE RESPONSE ACTIONS (ERA’S)
If a General Permit NAL exceedance occurs in a given reporting year, a Level 1 ERA Evaluation
and a Level 1 ERA Report will be required in the following year, or, if in a subsequent year, a
Level 2 ERA Action Plan and a Level 2 ERA Report will be required in accordance with the
General Permit. The results of either of the ERA reports may require that the SWPPP be
amended.
1.10 ANNUAL COMPREHENSIVE FACILITY COMPLIANCE
EVALUATION
The General Permit (Section XV) requires the Discharger to conduct one Annual
Comprehensive Facility Compliance Evaluation (Annual Evaluation) for each reporting year
(July 1 to June 30). Annual Evaluations will be conducted at least eight (8) months and not more
than sixteen (16) months after the previous Annual Evaluation. The planned window for
conducting the Annual Evaluation is between April and June of each year. The SWPPP will be
revised, as appropriate based on the results of the Annual Evaluation, and the revisions will be
implemented within 90 days of the Annual Evaluation.
At a minimum, Annual Evaluations will consist of:
· A review of all sampling, visual observation, and inspection and monitoring records and
sampling and analysis results conducted during the previous reporting year;
· A visual inspection of all areas of industrial activity and associated potential pollutant
sources for evidence of, or the potential for, pollutants entering the stormwater
conveyance system;
· A visual inspection of all drainage areas previously identified as having no exposure to
industrial activities and materials in accordance with the definitions in Section XVII;
· A visual inspection of equipment needed to implement the BMPs;
· A visual inspection of any BMPs;
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· A review and effectiveness assessment of all BMPs for each area of industrial activity
and associated potential pollutant sources to determine if the BMPs are properly
designed, implemented, and are effective in reducing and preventing pollutants in
industrial stormwater discharges and authorized NSWDs; and
· An assessment of any other factors needed to comply with the Annual Reporting
requirements in General Permit Section XVI.B.
1.11 ANNUAL REPORT
The Annual Report will be prepared, certified, and electronically submitted no later than July
15th following each reporting year using the standardized format and checklists in SMARTS
based on the reporting requirements identified in Section XVI of the General Permit. Annual
reports will be submitted in SMARTS and in accordance with information required by the on- line
forms.
1.12 TERMINATION AND CHANGES TO GENERAL PERMIT
COVERAGE
When any of the following conditions occur, termination of coverage under the General Permit
will be requested by certifying and submitting a Notice of Termination (NOT) via SMARTS:
· Operation of the facility has been transferred to another entity;
· The facility has ceased operations, completed closure activities, and removed all
industrial related pollutant generating sources;
· The facility’s operations have changed and are no longer subject to the General Permit.
The SWPPP and all of the provisions of the General Permit will be complied with until a valid
NOT is received and accepted by the Board.
If ownership changes, the new owner of the facility will be notified of the General Permit and
regulatory requirements for permit coverage.
2.0 FACILITY INFORMATION
2.1 FACILITY DESCRIPTION
2.1.1 Facility Location
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo, and is located within
Section 26, Township 30S, Range 12E.
These phase 1b site preparation plans consist of tree protection, demolition and clearing. Phase
2 (under separate cover) includes on-site rough grading, temporary and permanent shoring,
improvements, buildings, precise grading, landscape, and associated frontage improvements.
The general construction activities to be performed at the Project Site may include, but are not
limited to the following:
· Demolition of existing structure
· Demolition of existing underground utilities (Sewer, Water, Electric, etc…)
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· Tree removal
· Site grading
· Washout Areas
· Construction entrance/exit
Figure 2.1: Vicinity Map
Figure 2.2: Site Map
2.1.2 Existing Conditions
The existing site consists of four structures, a garage, a parking lot, trees, minor landscaping
and associated utilities. Most of the site slopes gently to the west towards the corner of Pismo
and Nipomo St. The southwest corner of the property slopes towards the corner of Monterey
and Nipomo. At the time of this report, all structures and paving have been removed.
Existing sources of contamination at the site include:
· Contaminated Soil
· Erosion and Sediment from stormwater runoff
· Hydrocarbons from vehicular parking
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· Existing utilities (sewer)
· Dewatering
Figure 2.3: Existing Conditions (Pre demolition)
2.1.3 Description of Drainage Areas and Existing Drainage
The site is divided into two drainage areas ranging from 5%-10%. Drainage area A1 (44,900
SF) flows to the northwest, while drainage area B1 (13,700 SF) flows to the south and
southwest. Offsite drainage is received from area A2 (13,692 SF), flowing into area A1. Area
A2 previously contained an apartment and home but they have been removed. The elevations
of the project ranges from 188 to 205 above mean sea level (msl). Stormwater is conveyed
through surface runoff, and flows off site into the city’s municipal stormwater system.
Demolition to occur as a part of this project will keep the drainage patterns relatively the same,
creating pervious area. The construction of a parking structure during the second phase will add
impervious areas. Drainage areas and their directions can be seen in Figure 4.
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Figure 2.4: Drainage Areas
The site is located within the Stenner Lake Watershed..
2.1.4 Developed Condition
Post demolition surface drainage will generally be directed as it has historically. Storm water
will flow offsite to the City of San Luis Obispo storm drain system, and ultimately to Brizziolari
Creek. Post construction drainage patterns and conveyance systems are presented on the
Improvement Plans.
2.2 PROJECT RISK LEVEL
This SWPPP utilized a Risk-Based Permitting Approach under the Construction General Permit (SWRCB
Order No. 2009-0009 DWQ), as set forth by the SWRCB and RWQCB.
There are two major steps to site planning and risk determination. The project’s overall risk is broken up
into two elements – (1) project sediment risk (the relative amount of sediment that can be discharged, given
the project and location details) and (2) receiving water risk (the risk sediment discharges pose to the
receiving waters)
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2.2.1 Project Sediment Risk:
Project Sediment Risk can be determined using two separate methods. Method 1 establishes sediment risk
based on the following Soil Loss Equation (RUSLE) to obtain an estimate of project-related bare ground
soil loss expressed in tons/acre. The RUSLE equation is as follows:
A = (R)(K)(LS)(C)(P)
Where:
A = the rate of sheet and rill erosion
R = rainfall-runoff erosivity factor
K = soil erodibility factor
LS = length-slope factor
C = cover factor (erosion controls) (taken as 1.0 to simulate bare ground)
P = management operations and support practices (sediment controls) (taken as 1.0 to simulate bare
ground)
Method 2 (also known as the “map option”) utilizes GIS maps where the product of K and LS are
predetermined (located below in Figure 2 and 3) and an online calculator for determining R factor for
determining soil loss. For this option, the R factor for the project is calculated using the online calculator
at https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites. To determine
soil loss in tons per acre, the discharger multiplies the R factor times the value for K times LS from the
map.
Figure 2.5. K Factor
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Figure 2.6. LS Factor Calculated Using Google Earth KML
Figure 2.7. R Value from EPA Website
Method 2 was utilized in this SWPPP. Using the SWRCB “Risk Assessment R-Factor Calculation
Notification” for the R factor with construction start dates of 11/13/23 and an end construction date of
2/13/2025, the R factor was determined to be 71.48. The K factor and LS factor were determined to be
0.24 and 1.25 respectively. Multiplying the above numbers together yields a Project Sediment Risk Factor
of 21.44 tons/acre. Since 21.44 tons/acre is greater than 15 tons/acre, the site can be classified as to having
a Medium Sediment Risk.
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2.2.2 Receiving Water Risk:
The project area can neither discharge (either directly or indirectly) to a 303(d)-listed waterbody impaired
by sediment nor to a waterbody with designated beneficial use. This project site has been classified as a
High Receiving Water Risk.
2.2.3 Combined Risk:
The Combined Risk Level Matrix table in the Construction General Permit Order No. 2009-0009-DWQ
(Appendix A) was utilized to determine the combined risk. Using this table, it was determined that the
Project Site is a Risk Level 2.
Table 1. Combined Risk Level Matrix
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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2.3 CONSTRUCTION SITE ESTIMATES
“Construction activities” refers to actions that result in a disturbance of the land, including
demolition, clearing, grading, excavating, vertical construction, landscaping and other similar
activities. It also includes “construction-related activities,” areas that support the construction
project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material
storage areas and equipment storage areas.
The following estimates are from the planned construction-related activities in the staging yard. More
specific information pertaining to the other proposed well pads can be found in their respective site map/
erosion control plans within Appendix G.
· Total project area: 1.2 acres
· Site area to be disturbed: 1.2 acres
• Percentage impervious area before and after demolition: 67% and 100%
• Runoff coefficient before and after construction: NIC
2.4 CONSTRUCTION SCHEDULE
• Grading Utilities & Vertical Construction 11/13/2023 to 2/13/2025
2.5 IDENTIFICATION OF POTENTIAL POLLUTANT SOURCE
The pollutant of greatest concern on most construction sites is sediment which may become detached during
construction related activities. Non-visible pollutants may be attached to the soils and run-off the site,
potentially polluting the receiving body of water. Pollutant sources include, but are not limited to the
following:
a. Disturbances caused by demolition, clearing, grading and excavation activities related to site
preparation.
b. Storm-related precipitation
c. Dust control through water spraying
d. Leaks from equipment and/or portable toilets
e. Wash out and maintenance areas
f. Transporting of concrete and/ or asphalt materials
g. Transporting of construction materials and fuels
h. Flushing of water lines
i. Vehicle fluids
j. Cement materials
k. Raw landscape materials
l. General litter
m. PVC pipe
n. RCP pipe
For a list of potential non-visible pollutants, refer to Appendix C: List of Potential Non-visible Pollutants
& Pollutant Testing Guidance Table.
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3.0 BEST MANAGEMENT PRACTICES
3.1 CONTRACTOR INFORMATION
Appendix E includes the names and contact information of the Storm Water Pollution Prevention Plan
Manager (SWPPPM) and a list of names of all contractors, subcontractors, and individuals who will be
directed by the SWPPPM. This list shall include telephone numbers and work addresses. Specific areas of
responsibility of each subcontractor and emergency contact numbers shall also be included.
The discharger shall ensure that all BMPs required by the Construction General Permit are implemented by
a Qualified SWPPPM. The SWPPPM shall be a person responsible for non-storm water and storm water
visual observations, sampling and analysis and shall have primary responsibility and significant authority
for the implementation, maintenance, inspection of the site to ensure full compliance with the SWPPP and
the Permit.
Best Management Practices (BMPs) were chosen for this project to reduce or eliminate pollutants in storm
water discharge, and to comply with the Provisions of Attachment D of the General Order (Risk Level 2
Requirements) as well as those in the Construction General Permit Order. BMPs are shown in the erosion
and sediment control plan provided in Appendix B.
The Construction General Permit Order requires:
Dischargers minimize or prevent pollutants in storm water discharges and authorized non-storm water
discharges through the use of controls, structures, and management practices that achieve Best Available
Technology Economically Achievable (BAT) for toxic and non-conventional pollutants and Best
Conventional Pollutant Control Technology (BCT) for conventional pollutants.
Storm water discharges and authorized non-storm water discharges regulated by the Construction General
Permit not contain a hazardous substance equal to or in excess of reportable quantities established in 40
C.F.R. §§ 117.3 and 302.4, unless a separate NPDES Permit has been issued to regulate those discharges.
As a Risk Level 2 discharger this project is subject to Numeric Action Levels (NALs) for pH and turbidity
as described in Section 4.5.
3.2 BMP INSTALLATION SCHEDULE
The Contractor is responsible for ensuring that appropriate BMPs are in place during the operations
requiring the BMPs. Below is a schedule intended to provide the minimum BMPs necessary during each
phase of the contractor’s operation. Additional BMPs may be necessary. Some BMPs installed early in the
project shall remain in place upon completion of the project, while others must be removed prior to the
completion of the project. Appendix B provides BMP Fact Sheets on design and implementation guidelines
for each BMP. Those identified by “*” should only be implemented when applicable.
The following BMPs shall be installed / utilized prior to clearing and grubbing operations:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
SE-7 Street Sweeping and Vacuuming
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NS-9 Vehicle and Equipment Fueling
NS-10 Vehicle & Equipment Maintenance
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-9 Sanitary/Septic Waste Management
The following BMPs shall be installed / utilized during grading/mobilization operations:
WE-1 Wind Erosion Control
TC-1 Stabilized Construction Entrance/Exit
NS-1 Water Conservation Practices
SE-1 Silt Fences
SE-5 Fiber Rolls
The following BMPs shall be installed / utilized upon completion of drainage work: (NOT IN CONTRACT)
EC-9 Drainage Swales
The following BMPs shall be installed / utilized during vertical construction: (NOT IN CONTRACT)
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
The following BMPs may be utilized during utility operations: (NOT IN CONTRACT)
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
All BMPs, except those designated as post-construction BMPs in Section 3.5, are to be removed prior to
contract acceptance.
It is not anticipated that this project will necessitate the stockpiling of materials. However, if materials are
stockpile on-site and the stockpiles are inactive (not scheduled to be re-disturbed for at least 14 days), then
the stockpiled areas shall be covered and a berm placed around the materials in accordance with WM-3
“Stockpile Management.”
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3.3 EROSION & SEDIMENT CONTROL BEST MANAGEMENT
PRACTICES
Appendix B provides BMP Fact Sheets on design and implementation guidelines for each BMP to reduce
or eliminate pollutants in storm water discharges. All BMPs are required to be implemented.
The following BMPs are to be incorporated into this SWPPP:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
EC-8 Wood Mulching
EC-16 Non-Vegetative Stabilization
SE-1 Silt Fences
SE-5 Fiber Rolls
SE-7 Street Sweeping and Vacuuming
SE-10 Storm Drain Inlet Protection
TC-1 Stabilized Construction Entrance/Exit
TC-3 Entrance/Outlet Tire Wash
WE-1 Wind Erosion Control
WM-9 Sanitary/Septic Waste Management
3.4 NON-STORM WATER AND MATERIAL MANAGEMENT BEST
MANAGEMENT PRACTICES
Non-storm water discharges may contribute significant pollutant loads to receiving waters. Measures to
control spills, leakage, and dumping, and to prevent illicit connections during construction must be
addressed through structural as well as non-structural Best Management Practices (BMPs).
BMPs are designated in this SWPPP to prevent non-storm water discharges. All BMPs are required to be
implemented. Those identified by “*” should only be implemented when applicable.
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
NS-3 Paving and Grinding Operations
NS-7 Potable Water/Irrigation
NS-8 Vehicle and Equipment Cleaning
NS-9 Vehicle and Equipment Fueling
WM-1 Material Delivery/Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management
WM-10 Liquid Waste Management
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Vehicle and Equipment Cleaning is prohibited from occurring on-site. Fueling and maintenance of
equipment and vehicles shall take place in designated areas only. Materials storage on–site will be
minimized.
3.5 POST-CONSTRUCTION BEST MANAGEMENT PRACTICES
This SWPPP contains Post-Construction BMPs, which are designated to reduce or eliminate pollutants after
construction is completed. BMPs serving dual purpose roles (construction and post-construction protection)
include:
EC-6 Straw Mulch/Hydroseed/Tackifier/Soil Amendment
EC-7 Geotextiles & Mats
EC-9 Drainage Swales
EC-10 Velocity Dissipation Devices
3.6 HOUSEKEEPING REQUIREMENTS
All Risk Level 2 dischargers are required to adhere to the minimum housekeeping requirements as specified
in Attachment C of the Construction General Permit. They include, but are not limited to:
Construction Materials:
Risk Level 2 dischargers shall implement good site management measures for construction
materials that could potentially be a threat to the water quality if discharged. They include:
· Conduct an inventory of products to be used.
· Cover and berm loose stockpiled construction material that are not actively being used.
· Store Chemicals in watertight containers (with appropriate secondary containment to prevent any
spillage or leakage) or in a storage shed.
· Minimize exposure of construction materials to precipitation.
· Implement BMPs to prevent the off-site tracking of loose construction and landscape materials.
Waste Management:
Risk Level 2 dischargers shall implement good housekeeping for waste management. They include,
but are not limited to:
· Prevent disposal of any rinse or wash waters or materials on impervious or pervious site surfaces
or into the storm drain system.
· Ensure containment of sanitation facilities.
· Clean or replace sanitation facilities and inspect them for leaks regularly.
· Cover waste disposal containers at the end of every business day and during rain events.
· Prevent discharges from disposal containers to the drainage system or receiving water.
· Contain and protect stockpile waste from wind or rain, unless actively being used.
· Implement procedures that effectively address hazardous and non-hazardous spills.
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· Develop a spill response plan.
· Ensure containment of concrete washout areas and other washout areas that may contain pollutants.
There shall be no discharge to the underlying soil.
Vehicle Storage and Maintenance:
Risk Level 2 dischargers shall implement good housekeeping for vehicle storage and maintenance.
They include, but are not limited to:
· Prevent oil, grease or fuel to leak in to the ground, storm drains or surface waters.
· Place all equipment or vehicles, which are to be fueled, maintained and stored in a designated area
fitted with appropriate BMPs.
· Clean leaks immediately, and dispose of material properly.
Landscape Materials:
Risk Level 2 dischargers shall implement good housekeeping for landscape materials. They
include, but are not limited to:
· Contain stockpiled materials when they are not actively being used.
· Contain fertilizers when they are not actively being used.
· Discontinue the application of erodible landscape materials within 2 days before a forecast rain
event or during periods of precipitation.
· Apply erodible landscape materials according to the manufacture recommendations.
· Stack erodible landscaped materials on pallets and covering or storing such materials when not
being used or applied.
Potential Pollutant Sources:
Risk Level 2 dischargers shall conduct an assessment and create a list of potential pollutant sources
(see Appendix C) and identify any areas of the site where additional BMPs are necessary to reduce
or prevent pollutants in storm water discharges and authorized non-storm water discharges. When
developing BMPs, Risk Level 2 dischargers shall do the following:
· Consider the quantity, physical characteristics (e.g., liquid, powder, solid), and locations of each
potential pollutant source handled, produced, stored recycled, or disposed of at the site.
· Consider the degree to which pollutants associated with those materials may be exposed to and
mobilized by contact with storm water
· Consider the direct and indirect pathways that pollutants may be exposed to storm water or
authorized non-storm water discharges. This shall include an assessment of past spills or leaks,
non-storm water discharges, and discharges form adjoining areas.
· Ensure retention of sampling, visual observations, and inspection records.
· Ensure effectiveness of existing BMPs to reduce or prevent pollutants in storm water discharges
and authorized non-storm water discharges.
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3.7 NON-STORM WATER MANAGEMENT
Risk Level 2 dischargers shall implement measure to control all non-storm water discharges during
construction. Non-storm water discharges are any discharges not directly associated with a rain even. Non-
storm water discharges can include but are not limited to leaks from equipment or vehicles, flushing of
water lines or washing of equipment. Risk Level 2 requirements include:
· Dischargers shall implement measures to control all non-storm water discharges during
construction.
· Dischargers shall wash vehicles in such a manner as to prevent pollutants from entering surface
waters.
· Streets shall be cleaned in such a manner as to prevent unauthorized non-storm water discharges
from reaching surface waters or the storm drain system.
3.8 EROSION CONTROL
The primary pollutant identified during construction is sediment. Erosion and sedimentation controls will
be implemented as necessary along the boundaries of the construction areas within the Project Site to
minimize, as necessary, the amount of sediment transported off-site by storm water runoff. These control
measures will be put in place as needed at the onset of construction activities and will remain in place (as
needed) during construction and through periods of inactivity. Dischargers shall provide effective soil
cover for inactive areas. Descriptions and diagrams of the BMPs are included in Appendix B.
All disturbed areas shall provide effective soil cover for inactive areas and all finished slopes, open space,
utility backfill and completed lots.
All disturbed areas of the construction Project Site will be stabilized in a manner similar to its original
condition. Both temporary (water trucks) and permanent measures will also be applied to control dust
generation. Final stabilization will need to be completed prior to submitting a Notice of Termination (NOT).
3.9 SEDIMENT CONTROL
Dischargers shall establish and maintain effective perimeter controls. Silt barriers consisting of silt fences,
fiber rolls, sandbags, hay bales, and/or berms will be set up around the construction site as necessary so that
sediment will not be discharged off-site. Sedimentation control will be in place and maintained on all
disturbed areas during the rainy season. Sediment control BMPs will be implemented as needed.
Construction sites that require silt barriers around them are sites where the ground surface has been
disturbed by construction activities such as grading and /or excavation. Sediment buildup along silt barriers
will be monitored and removed as necessary. Removed sediment will be deposited in an area that will not
allow sediment to be discharged off-site. All loose soil and debris, which may create a potential hazard,
will be hauled offsite and disposed of at an approved location. All construction entrances and exits shall
be stabilized to sufficiently control sediment discharge from the site.
3.10 INSPECTION, MAINTENANCE & REPAIR
All storm water control measures shall be properly maintained at regular intervals by trained personnel
consistent with Project Site operational maintenance schedules. Inspections will be performed by a QSP
or someone under his direction weekly, before, during, after qualifying storm events (0.5 inches per storm
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event), and once each 24-hour period during extended storm events during business. These inspections will
be conducted to identify BMP effectiveness. If any structural defects are observed interfering with design
performance of BMPs, repairs or design changes will be implemented by the SWPPM within 72 hours.
3.11 TRAINING
The SWPPM is responsible for training project personnel on the following topics:
· Erosion Control BMPs
· Sediment Control BMPs
· Non-Storm Water BMPs
· Waste Management and Materials Pollution Control BMPs
· Emergency Procedures specific to the construction site storm water management
Inspections will be conducted by a QSP. A QSP may train individuals to conduct the inspections, and
collect storm water samples for non-visible pollutants. Trained individuals will also have received training
and have experience with respect to erosion control methods, either through scholastic institutions, previous
job experiences, or through workshops conducted by recognized regulatory agencies or professional
organizations.
Training records (Appendix F) will document attendees, the subjects covered and the date of training.
Training logs/records are to be recorded and stored with the rest of the record materials
· To ensure that the preparation, implementation, and oversight of the SWPPP is sufficient for
effective pollution prevention, Section II, Part H of the Construction General Permit specifies that
the Qualified SWPPP Developer and Qualified SWPPP Practitioners responsible for creating,
revising, overseeing, and implementing the SWPPP must attend a State Water Board sponsored or
approved QSD and QSP training course.
·
3.12 INSPECTION AND ENTRY
The discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, and/or, in the case of
construction sites which discharge through a municipal separate storm sewer, an authorized representative
of the municipal operator of the separate storm sewer system receiving the discharge, upon the presentation
of credentials and other documents as may be required by law, to:
· Enter upon the discharger’s premises at reasonable times where a regulated construction activity is
being conducted or where records must be kept under the conditions of the Construction General
Permit;
· Access and copy at reasonable times any records that must be kept under the conditions of the
Construction General Permit;
· Inspect at reasonable times the complete construction site, including any off-site staging areas or
material storage areas, and the erosion/sediment controls; and
· Sample or monitor at reasonable times for the purpose of ensuring Construction General Permit
compliance.
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4.0 CONSTRUCTION SITE MONITORING PROGRAM
4.1 CONSTRUCTION SITE MONITORING PROGRAM (CSMP)
The Construction General Permit requires the following types of monitoring for Risk Level 2 projects:
· Visual inspections of Best Management Practices (BMPs);
· Visual monitoring of the site related to qualifying storm events;
· Visual monitoring of the site for non-storm water discharges;
· Sampling and analysis of construction site runoff;
· Sampling and analysis of non-storm water discharges;
Storm event monitoring should be conducted during business hours; and when the National Oceanographic
and Atmospheric Administration (NOAA) (http://www.srh.noaa.gov/forecast) forecasts a rain event with a
50% or greater probability of producing a ½ inch or more of rain.
Table 4.1: Summary of Risk Level 2 Monitoring
Type of Monitoring
What
When
Location
Visual Inspection
BMP Presence and
effectiveness of all BMPs
Weekly and
Every 24 hours during an
extended storm event.
Overall site
Stormwater
Pre-storm All drainage areas and
BMPs.
Within 2 business days before
each qualifying storm event.
Overall site
Post-storm All drainage areas and
BMPs.
Within 2 business days after each
qualifying storm event.
Overall site
Non-storm water Operations and BMPs
identified in Section 3.4
Quarterly Staging areas
Sampling & Analysis
Storm water runoff
(effluent)
pH and turbidity of storm
water runoff
representative of site.
Within 2 business days of each
qualifying storm event, and at a
minimum 3 samples per day.
Perimeter of site
BMP failure/spill
(non-visible)
Runoff affected and not
affected by the
discharge/spill. Use
Appendix C as a guide.
Within first 2 hours of discharge
from site.
Perimeter of site
Non-storm water Operations and BMPs
identified in Section 3.4
If non-storm water is discharged
off site.
Perimeter of site
Rain events and resulting monitoring periods should be separated into qualifying rain events. A qualifying
rain event is defined as any event producing precipitation of ½ inch or more within a 48 hour or greater
period.
Monitoring locations provide clear views of BMPs, disturbed areas and extend through the entire site.
Dischargers must maintain on-site records of all visual observations, personnel performing the
observations, observation dates, weather conditions, locations observed, and corrective actions taken in
response to the observations. The Construction Site Monitoring Inspection Form (Appendix N) should be
used to track all monitoring activities.
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Figure 4.1 Overview of Monitoring Locations
4.2 VISUAL MONITORING & INSPECTION
All storm water monitoring must be completed within two (2) business days of each qualifying rain event
at identified locations. Appendix G shows the monitoring locations.
BMP Inspection
The purpose of these inspections is to identify BMPs that:
· Need maintenance to operate effectively;
· Failed; or
· Could fail to operate as intended.
If deficiencies are identified during BMP inspections, repairs or design changes to BMPs must be initiated
within 72 hours of identification and need to be completed as soon as possible. All BMP inspections must
be documented on a Construction Site Monitoring Inspection Form (Appendix N).
Storm Water Inspection
Dischargers must conduct a pre-storm event inspection of:
· All storm water drainage areas to identify and resolve prior to the storm event, any spills, leaks, or
uncontrolled pollutant sources
· All BMPs to identify proper implementation
· Any storm water storage and containment areas to detect and remedy leaks if found
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Dischargers must conduct a post-storm event inspection within two business days (48 hours) to identify
whether:
· BMPs were adequately designed, implemented, and effective, and
· If any additional BMPs necessary (and amend the SWPPP accordingly).
4.3 NON-STORM WATER DISCHARGE MONITORING
Quarterly non-storm water discharge monitoring will include the visual inspection of each drainage area
during daylight hours for the presence of non-storm water discharges and their sources in July – September,
October – December, January – March, and April – June quarters. If non-storm water is discharged off site,
the effluent must be sampled. Quarterly monitoring should be recorded on Construction Site Monitoring
Inspection Form in Appendix N.
Potential non-storm water discharges within this project include:
· Grading and Land Development
· Site Stabilization
· Vehicle and equipment cleaning, fueling and maintenance
· Sanitary/Septic waste facilities
· Concrete wash out areas
· Contaminated Soils
Quarterly inspections need to include each drainage area of the project and document:
· Presence or indications of unauthorized and authorized non-storm water discharges and their
sources
· Pollutant characteristics of the non-storm water discharge (floating and suspended material sheen,
discoloration, turbidity, odor, etc.)
· Personnel performing the observations
· Dates and approximate time each drainage area and non-storm water discharge was observed
· Response taken to observations
4.4 WATER QUALITY SAMPLING AND ANALYSIS
The project is required to collect samples of:
· runoff for non-visible pollutants in the event of a BMP failure, breach or spill
· non-storm water discharge
Sampling personnel will collect storm water grab samples at discharge locations according to procedures
outlined in Section 4.6 Quality Assurance and Quality Control. Appendix G shows the monitoring locations
for all monitoring. Appendix L contains the Sampling Activity Log.
Sampling is not required outside of scheduled business hours or under dangerous conditions. An
explanation of why samples were not taken will be included with on-site inspection documents.
4.5 CONSTRUCTION ACTIVITY
Non-Visible Pollutant Sampling
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If there is a breach, spill or BMP failure, runoff affected by the non-visible pollutants will be sampled within
the first two hours of discharge. It is important to note that covered construction materials or those that are
in their final constructed form, do not need to be monitored. Materials that are stored exposed to
precipitation and may generate runoff need to be considered for non-visible pollutant monitoring. Appendix
C provides further guidance.
Non-Stormwater Sampling
If non-storm water is discharged off site, the effluent must be sampled. All non-storm water sample analyses
should be conducted by a state certified laboratory.
4.6 QUALITY ASSURANCE AND QUALITY CONTROL
The QSP is responsible for non-storm water and storm water visual observations, sampling and analysis,
and for ensuring full compliance with the permit and implementation of all elements of the SWPPP.
Prior to the rainy season, all sampling personnel and alternates will review the Monitoring Plan.
Qualifications of designated personnel describing environmental sampling training and experience are
provided in Appendix F. Sampling personnel will be designated and trained to collect, maintain and ship
samples in accordance with the Surface Water Ambient Monitoring Program’s (SWAMP) 2008 Quality
Assurance Program Plan (QAPP)
(http://www.swrcb.ca.gov/water_issues/programs/swamp/tools.shtml#qa).
Supplies and Storage
An adequate stock of supplies and equipment for non-visible pollutants will be available on the project site
or provided by the approved laboratory (Appendix I) prior to a sampling event.
Monitoring supplies and equipment will be stored in a cool-temperature environment that will not come
into contact with rain or direct sunlight. Sampling personnel will be available to collect samples in
accordance with the sampling schedule.
Supplies maintained at the project site will include, but will not be limited to, surgical gloves, sample
collection equipment, coolers, appropriate number and volume of sample bottles, identification labels, re-
sealable storage bags, paper towels, personal rain gear, ice, Sampling Activity Log forms (Appendix L),
and Chain of Custody (COC) forms (Appendix I).
Sample Collection and Handling Procedures
All sampling and sample preservation must be in accordance with the current edition of Standard Methods
for the Examination of Water and Wastewater (American Public Health Association).
To maintain sample integrity and prevent cross-contamination, sampling collection personnel will:
· Wear a clean pair of surgical gloves prior to the collection and handling of each sample at each
location.
· Not contaminate the inside of the sample bottle by not allowing it to come into contact with any
material other than the water sample.
· Discard sample bottles or sample lids that have been dropped onto the ground prior to sample
collection.
· Not leave the cooler lid open for an extended period of time once samples are placed inside.
· Not touch the exposed end of a sampling tube, if applicable.
· Avoid allowing rainwater to drip from rain gear or other surfaces into sample bottles.
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· Not eat, smoke, or drink during sample collection.
· Not sneeze or cough in the direction of an open sample bottle.
· Minimize the exposure of the samples to direct sunlight, as sunlight may cause biochemical
transformation of the sample to take place.
· Decontaminate sampling equipment prior to sample collection using a TSP-soapy water wash,
distilled water rinse, and final rinse with distilled water.
· Dispose of decontamination water/soaps appropriately; i.e., not discharge to the storm drain system
or receiving water.
Any samples provided to a lab will be provided within 48 hours and use only the sample bottle provided by
the lab (Appendix I).
For an initial verification of laboratory or field analysis, duplicate samples will be collected at a rate of 10
percent or 1 duplicate per sampling event. The duplicate sample will be collected, handled, and analyzed
using the same protocols as primary samples, and will be collected where contaminants are likely, and not
on the upstream sample. A duplicate sample will be collected immediately after the primary sample has
been collected. Duplicate samples will not influence any evaluations or conclusions; however, they will be
used as a check on laboratory quality assurance.
Non-Visible Pollutants
The Contractor shall notify the QSP if non-visible pollutants are expected.
Sample Documentation Procedures
All original data documented on sample bottle identification labels, Chain of Custody forms (Appendix I),
Sampling Activity Logs (Appendix L), and Construction Site Monitoring Inspection Form (Appendix N)
will be recorded using waterproof ink. These will be considered accountable documents. If an error is made
on an accountable document, the individual will make corrections by lining through the error and entering
the correct information. The erroneous information will not be obliterated. All corrections will be initialed
and dated. Copies of the Construction Site Monitoring Inspection Form are provided in Appendix N.
Sampling and field analysis activities will be documented using the following:
• Sample Bottle Identification Labels: Sampling personnel will attach an identification label to
each sample bottle. At a minimum, the following information will be recorded on the label, as
appropriate…
· Project name
• Project number
• Unique sample identification number and location.
[Project Number]-[Six digit sample collection date]-[Location]
(Example: 0G5304-081801-Upstream).
Quality assurance/quality control (QA/QC) samples shall be identified similarly
using a unique sample number or designation
(Example: 0G5304-081801-DUP1)
· Collection date/time (No time applied to QA/QC samples)
· Analysis constituent
• Sampling Activity Logs: A log of sampling events will identify…
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o Sampling date
· Separate times for sample collection of upstream, downstream, run-on, and QA/QC samples recorded
to the nearest minute
· Unique sample identification number and location
· Analysis constituent
· Names of sampling personnel
· Weather conditions (including precipitation amount)
· Field analysis results
· Other pertinent data
· Chain of Custody (COC) forms (Appendix I): All samples to be analyzed by a laboratory will
be accompanied by a COC form provided by the laboratory. Only the sample collectors will sign
the COC form over to the lab. COC procedures will be strictly adhered to for QA/QC purposes.
· Storm Water Quality Sampling Log (Appendix L): When applicable, the
Contractor’s storm water inspector will document in the log that samples for sedimentation/siltation
and/or turbidity were taken during a rain event.
4.7 REPORTING REQUIREMENTS AND RECORDS RETENTION
Records of all monitoring inspections are required to remain onsite during the construction period and for
a minimum of three years.
Records shall include the following items:
· The date, place, and time of facility inspections, sampling, visual observations (inspections),
and/or measurements, including precipitation;
· The individual(s) who performed the facility inspections, sampling, visual observation
(inspections), and/or measurements;
· The date and approximate time of analyses;
· The individual(s) who performed the analyses;
· A summary of all analytical results from the last three years, the method detection limits and
reporting limits, and the analytical techniques or methods used;
· Rain gauge readings from site inspections;
· QA/QC records and results;
· Non-storm water discharge inspections and visual observations (inspections) and storm water
discharge visual observation records;
· Visual observation and sample collection exemption records (Appendix O); and
· The records of any corrective actions and follow-up activities that resulted from analytical
results, visual observations (inspections), or inspections (Appendix K).
Most reporting will occur in the Annual Report (Appendix P).
5.0 GENERAL PROCEDURES AND REQUIREMENTS
5.1 SWPPP AVAILABILITY AND IMPLEMENTATION
The General Construction Permit Section XIV.C requires the SWPPP be available at the construction site
during working hours while construction is occurring and shall be made available upon request by a State
or Municipal inspector. When the original SWPPP is retained by a crewmember in a construction vehicle
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and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with
the field crew and the original SWPPP shall be made available via a request by radio/telephone.
5.2 SWPPP AMENDMENTS
The General Construction Permit Section XIV.A requires that SWPPP be amended or revised by a QSD
and that the SWPPP include a listing of the date of initial preparation and the date of each amendment.
Amendments must be signed by a QSD. All amendments are to be dated, attached to the SWPPP and
logged in Appendix J.
This SWPPP should be amended if any BMP is not installed according to the site map or if a BMP is
changed due to ineffectiveness.
The following items shall be in each amendment:
1.0 Who requested the amendment
2.0 The location of the proposed change
3.0 The reason for the change
4.0 The original BMP proposed, if any
5.0 The new BMP
The amendments for this SWPPP, along with the required approval can be found in the SWPPP Amendment
Log located in Appendix J. Any amendment to the SWPPP must be approved by the QSD.
5.1 RETENTION OF RECORDS
The Construction General Permit Section I.J.69 and IV.G requires that all dischargers maintain a paper or
electronic copy of all required records for three years from the date generated or date submitted, whichever
is last. The records must be available at the construction site until construction is completed. The discharger
shall furnish the RWQCB, SWRCB, OR USEPA, within a reasonable time, any requested information to
determine compliance with the Construction General Permit.
The final SWPPP shall be maintained for the time period indicated.
5.2 REPORTING REQUIREMENTS
As per the Construction General Permit, a Legally Responsible Person must submit electronically all
project/permit related documents (also known as Permit Registration Documents, or PRDs) for new projects
commencing on or after July 1, 2010 prior to commencement of construction activities through the Storm
water Multi- Application Report Tracking System (SMARTS).
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5.3 REQUIRED NON-COMPLIANCE REPORTING
Dan Parker-King shall give advanced notice to the RWQCB of any changes in the construction-related
activity which may result in a non-compliance with the storm water requirement of the Construction
General Permit. Examples of non-compliance include, but are not limited to:
· Self-reporting of any discharge violations;
· Discharges which contain a hazardous substance.
5.4 ANNUAL REPORT
Hive Engineering. shall prepare and electronically submit an Annual Report via SMARTS no later than
September 1 of each year. Reporting requirements include:
· Sampling and analysis results including laboratory reports, analytical methods and reporting limits
and change of custody forms
· Corrective actions and compliance activities
· Violations of the Construction General Permit
· Date, time, place and name(s) of the inspector(s) for all sampling, inspections and field
measurements
· Visual observation and sample collections records
· Training Documentations
5.5 CHANGES TO PERMIT COVERAGE
The General Construction Permit Section II. C allows a permittee to reduce or increase the total acreage
covered under the Construction General Permit when:
· A portion of the project is complete
· When conditions for termination of coverage have been met
· When ownership of a portion of the project is sold to a different entity
· When new acreage is added to the project
5.6 NOTICE OF TERMINATION
The General Construction Permit Section II. D requires that within 90 days of when construction is
complete or ownership has been transferred, the discharger shall electronically file a Notice of Termination
(NOT), a final site map, and photos through the State Water Boards SMARTS system. Filing a NOT
certifies that all Construction General Permit requirements have been met. The NOT is submitted when
the construction project is complete and all Construction General Permit requirements for termination and
final stabilization have been met. These requirements include:
· The site will not pose any additional sediment discharge risk than it did prior to construction
activity.
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· All construction related equipment, materials and any temporary BMPs no longer needed are
removed from the site.
· Post-Construction storm water management measures are installed and a long-term maintenance
plan that is designed for a minimum of 5-years has been developed.
The NOT must demonstrate through photos, RUSLE results, or results of testing and analysis that the
project meets all of the requirements of
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Section II.D.1 of the Construction General Permit by one of the following methods:
· 70% final cover method (no computational proof required).
· RUSLE/RUSLE2 method (computational proof required).
· Custom Method
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APPENDIX A
NPDES CONSTRUCTION GENERAL PERMIT
For the complete construction general permit, see separate binder onsite.
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APPENDIX B
BMPS FROM THE CALIFORNIA CONSTRUCTION BMP HANDBOOK
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\
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APPENDIX C
LIST OF POTENTIAL NON-VISIBLE POLLUTANTS
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Construction Activities and Associated Pollutants
Phase Activity Associated Materials or
Pollutants Pollutant Category(1) Grading and Land Development Vehicle and equipment use · Equipment operation
· Equipment maintenance
· Equipment washing
· Equipment fueling
Oil and Grease
Soil preparation/amendments · Use of soil
additives/amendments
Nutrients
Demolition Phase Removal of existing structures · Demolition of asphalt,
concrete, masonry, framing,
roofing, metal structures.
Metals, Oil and Grease,
Synthetic Organics
Solid waste · Litter, trash and debris
· Vegetation
Gross Pollutants
Landscaping and Site Stabilization Phase Planting / Vegetation
Management
· Vegetation control
(pesticides/herbicides)
· Planting
· Plant maintenance
· Vegetation removal
Nutrients, Metals, Synthetic
Organics
(1) Categories per CASQA BMP Handbook (i.e., Sediment, Nutrients, Bacteria and Viruses, Oil and
Grease, Metals, Synthetic Organics, Pesticides, Gross Pollutants, and Vector Production)
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APPENDIX D
SWPPP CONTRACTOR/SUBCONTRACTOR
AGREEMENTS
Agreements will be provided at a later date.
Page 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made this 26th day of
October, 2023 ("Effective Date"), by and between:
Swinerton Builders (“Contractor”)
2001 Clayton Road, 7th Floor
Concord, CA, 94520
Attn: Kevin Hermreck
Phone: (949) 622-7000
Email: KHermreck@swinerton.com
and
HIVE ENGINEERING (“Consultant”)
705 Fiero Ln, Suite 10
San Luis Obispo, CA, 93401
Attn: Dan Parker-King
Phone: (506) 386-4897
Email: dan@hiveengineering.us
For Consultant to perform work as described in Item B below for the following Project:
Project:
City of San Luis Obispo Cultural Arts District Parking Structure
609 Palm Street
San Luis Obispo,
CA, 93401
Owner:
CITY OF SAN LUIS OBISPO
919 PALM STREET
SAN LUIS OBISPO, CA, 93401
Architect:
WATRY DESIGN, INC.
2099 GATEWAY PLACE, SUITE 550
SAN JOSE, CA, 95110
NOW, THEREFORE, in consideration of these promises and of the mutual covenants herein, the
Parties hereto agree as follows:
No.: 23049042
PSA No.: 23049042-003
Phase Code: 015723
Vendor No.: 00033084
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ARTICLE 1 - PROJECT AND SCOPE OF SERVICES
(a) Except for modifications and change orders issued after execution of this Agreement, the “Contract
Documents,” consist of the following documents, all of which are either attached hereto as Attachments or
are hereby incorporated by this reference and made a part hereof as follows:
(1) This Professional Services Agreement, and the following Attachments:
Contract Summary 10/25/2023 ☒ Billing Procedures date
☒ Scope of Work 10/25/2023 ☐ date
(2) The Prime Contract No. , CITY OF SAN LUIS OBISPO, , any Amendments to the Prime
Contract, and all documents incorporated therein to the extent applicable to the Services
(“Prime Contract Documents”), and Consultant agrees to be bound and obligated to Contractor
to the fullest extent that Contractor is bound and obligated to the Owner
(b) Consultant agrees to perform for Contractor the Services described below including all things
necessary or incidental to the complete and proper performance of those services (“Services” or “Work”)
in accordance with this Agreement, and such Services are generally described as:
SWPPP Consulting
(Scope of Services continues on Contract Summary)
(c) Contractor agrees to pay Consultant for the proper performance of its services the sum of money
computed as follows:
(Check One)
A Lump Sum of $$23,025.00; or
As set forth in the Contract Summary.
(d) TIME IS OF THE ESSENCE. Consultant shall proceed with the performance of the Services in
a prompt and diligent manner, in accordance with Contractor's schedule which may be reasonably
amended from time to time. In Contractor’s sole discretion, it may specify Consultant’s performance
time or schedule therefore in the Contract Summary. Consultant’s failure to satisfactorily and timely
perform all Services may cause Contractor to suffer substantial damages (including but not limited to
actual, consequential and/or liquidated damages) and Consultant shall be liable to Contractor therefor.
(e) The Services shall be performed in strict accordance with the Contract Summary and the terms
herein, unless modifications thereto are reduced to writing and signed by authorized representatives of
both Contractor and Consultant. However, if requested by Contractor, Consultant shall within ten (10)
calendar days submit a reasonable price quotation for proposed changes and if accepted by Contractor in
writing, perform the changes without delay. Contractor shall have the right to issue a unilateral written
change order authorizing Consultant to proceed with performance of changed work. Consultant shall
proceed with changed work immediately upon receipt of a written change order signed by Contractor.
Consultant shall perform no changed work without written authorization from Contractor.
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(f) Contractor shall have the right to immediately suspend Consultant’s performance of Services
under this Agreement for any reason by giving written notice to Consultant.
(g) In the event of conflicts in the Contract Documents, the order of precedence, highest to lowest,
shall be as follows:
(1) All modifications and change orders;
(2) Agreement and Attachments; and
(3) The Prime Contract Documents.
In the event that there is an inconsistency or conflict among any of the provisions of the Agreement and the
obligations and duties arising therefrom, the provision imposing the most stringent obligation on the part
of the Consultant will control.
ARTICLE 2 - CONTRACTUAL RELATIONSHIP
In performing the Services, Consultant shall operate as, and have the status of, an independent contractor
and shall not act as or be an agent or employee of Contractor. As an independent contractor, Consultant
will be solely responsible for determining the means and methods for performing the Services.
ARTICLE 3 - STANDARDS FOR PERFORMANCE
Contractor enters into this Agreement with Consultant based on Consultant’s special skills and expertise.
Consultant agrees that Consultant will perform all Services in accordance with the highest standards of
care and practices, skill and diligence customarily observed by professional services firms sharing
Consultant’s special expertise in the region where the Project is located. Consultant will comply with all
applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any
government or quasi-government entity having jurisdiction over the Project, the Project Site or the
Services (the “Law”).
Consultant further agrees that the Services shall be free of defects in workmanship. Notwithstanding
Contractor’s acceptance of Consultant’s work, if the Services do not meet the standards specified herein
or otherwise applicable, Contractor may require Consultant to correct at no cost to Contractor any
defective or non-conforming Services. In addition, and in Contractor’s sole discretion, Contractor may
correct the defective or nonconforming Services itself and charge Consultant for the total cost of such
correction. The foregoing remedies are in addition to all other remedies at law or in equity or under this
Agreement and shall not be deemed to be exclusive.
ARTICLE 4 - COMPENSATION AND PAYMENT
(a) In consideration of the full, complete and proper performance of the Services by the Consultant in
accordance with the terms and provisions hereof, Contractor agrees to pay or cause to be paid to the
Consultant the compensation provided herein.
(b) Consultant understands that all payments to Consultant will be made only from a special fund and
a specific source, namely, from payments made by Owner from time to time to Contractor in respect of the
Services performed by Consultant. Contractor shall make payments to Consultant within ten (10) days after
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receipt by Contractor of payment from Owner for the Services of Consultant for which payment has been
made (or within such shorter period as may be required by law).
(c) In the event Contractor is not paid by Owner any sum claimed due to Consultant, then the timing
of Contractor’s obligation to pay shall, in addition to any other conditions set forth in this Agreement, be
subject to the following conditions:
(i) If Contractor does not pay Consultant sums claimed due under this Agreement as a result
of nonpayment by the Owner and such nonpayment is thereafter “finally adjudged” (as
hereafter defined) to have been caused by a breach by Contractor of the Prime Contract,
then Contractor shall pay to Consultant such sum as is due under this Agreement, inclusive
of and limited to simple interest thereon at the rate of 10% per annum accruing from the
date such sum was first due and owing to Consultant as set forth above. The term “finally
adjudged” as used in this Paragraph 4(d)(i) shall mean the date final judgment is entered in
any action between Contractor and Owner for disputes under the Prime Contract.
(ii) If Contractor does not pay Consultant sums claimed due under this Agreement as a result
of nonpayment by the Owner and such nonpayment is caused by the Owner’s insolvency,
bankruptcy, or lack of sufficient assets, or for reasons other than a breach by Contractor of
the Prime Contract as provided in Paragraph 4(d)(i) above, then Consultant’s right to
payment shall be conditioned upon the passage of such time as may be reasonable and
necessary for Contractor to fully exercise and exhaust to final judgment its legal, extra
judicial and appellate rights and remedies for collection of sums unpaid by Owner, together
with the passage of such additional time as reasonably necessary for execution and
collection by Contractor of any final judgment entered in its favor. Simple interest only on
such sums as are due to Consultant under this Paragraph 4(d)(ii) shall accrue and be payable
to Consultant at the rate of 10% per annum commencing from the expiration of the
reasonable time reserved to Contractor in this Paragraph 4(d)(ii) for recovery and collection
from Owner.
(iii) Consultant agrees to preserve and maintain any lien claims it may have, whether
mechanic’s, construction or materialmen’s lien claims, as well as bond and stop notice
rights, all to the extent any such exist with respect to the Project, and to exercise and
exhaust those rights in the event that Contractor does not pay Consultant sums due under
this Agreement as a result of payment default on the part of the Owner under the Prime
Contract. Nothing contained herein shall be interpreted as releasing or waiving any
statutory mechanic’s, construction, and materialmen’s lien, bond or stop notice right
reserved to Consultant under the law; provided however, that Consultant agrees in the event
Consultant asserts a claim against any statutory or common law payment or performance
bond issued in connection with the Project, the surety to such bond and the Contractor (if
Contractor is a principal on the bond) shall have the right to assert as a defense to such
claim, the nonoccurrence of any conditions to payments set forth in this Agreement,
including without limitation the failure or delay of payment to Contractor.
(d) Except as otherwise set forth herein, within thirty (30) calendar days after receipt of a progress
invoice, Contractor shall pay Consultant the full amount of the invoice; provided, however, that the above
conditions are met; provided further, that if Contractor objects to all or any portion of any invoice, it shall
notify Consultant within ten (10) calendar days from receipt of invoice of its objections and both Parties
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shall immediately make every effort to settle the disputed portion of the invoice prior to the date that
payment is due. In the event the settlement of a disputed portion of an invoice is not reached by the date
that payment is due, then Contractor will pay only that portion of the invoice that is not in dispute. In any
dispute over payment, Consultant agrees that it will continue its performance of Services to completion.
(e) Consultant agrees to furnish, prior to any payments hereunder, evidence satisfactory to Contractor
that payment has been made to all its employees, subconsultants, subcontractors and suppliers in the full
amount for which Consultant is invoicing Contractor. Such evidence shall include, without limitation,
unconditional and conditional waivers and releases duly signed by all of Consultant’s employees,
subconsultants, subcontractors and suppliers that prove Consultant has paid all amounts for which
Consultant is invoicing Contractor.
(f) All reports, drawings, data sheets, recommendations, photographs, computer print-outs, design
criterion, calculations and material of a similar nature covered by payments hereunder shall become the
property of Contractor and as such are not to be revealed to, distributed to, identified to or relied upon by
other parties without the prior written consent of Contractor, Consultant will comply with all reasonable
requests of Contractor so that Contractor may protect and preserve all property interests herein conveyed.
ARTICLE 5 – INDEMNIFICATION AND DUTY TO DEFEND
(a) To the fullest extent permitted by applicable law, Consultant specifically obligates itself to
protect, immediately defend, indemnify and hold Contractor, Owner and their respective officers,
directors, employees, agents and representatives and any other person indemnified by Owner
(hereinafter referred to as the “Indemnitees”) harmless against claims, damages, losses, costs,
expenses, including any fees of accountants, attorneys, experts or other professionals, or
investigation expenses, and liabilities in law or in equity arising out of the Consultant’s operations
and the Consultant’s Services. Consultant’s obligations to protect, indemnify and hold Indemnitees
harmless, in addition to the separate and independent duty to defend, include, but are not limited
to, the following:
(i) All damages, liability, penalties, costs, losses, expenses (including attorneys’ fees and
costs), causes of action, demands, claims or judgments (“Losses”), for any alleged or
actual violation or infringement by Consultant (or Consultant’s employees or
consultants or vendors of any tier) of any law, statute, codes, safety or occupational
health orders, rules, regulations, standards, orders or any patent or patent right;
(ii) All Losses resulting from injury to or death of any person (including Consultant’s
employees) or damage to property of any kind (including economic loss), including
the Services or the work of others on the Project, which injury, death or damage arises
out of or is in any way connected with the performance of the Services;
(iii) All Losses arising from: (1) construction liens, mechanics’ liens, or other
materialman’s lien of any sort, stop notice claims and payment bond claims made by
any sub-consultant, suppliers, laborers, rental companies, or the like, and (2) claims
and liens for labor taxes, materials, appliances, equipment, and supplies whatsoever,
including any costs, attorneys’ fees, and incidental damage resulting therefrom; and
for failure by Consultant or any party acting on Consultant’s behalf to comply with
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all laws, ordinances and regulations of all governmental authorities in any manner
relating to the Services;
(iv) Any and all claims, suits, and liability for Consultant’s failure or alleged failure to
comply with the terms of this Agreement; and
(b) To the fullest extent permitted by applicable law, Consultant’s indemnity and hold harmless
obligations hereunder shall apply to any acts, omissions, willful misconduct, negligent conduct, other
fault, or liability without fault of any person or entity, including but not limited to Consultant’s
agents, employees, sub-consultants, and any other individual or entity for whom Consultant may be
responsible, whether active or passive, and whether or not sole or concurrent with that of any other
person or entity; except that this indemnity obligation shall not require that Consultant indemnify
any of the persons or entities named as Indemnitees herein against claims arising from his, her, or its
active negligence or willful misconduct.
(c) Consultant acknowledges the separate and independent duty to defend set forth in this
paragraph, and shall defend the referenced parties upon demand regardless of whether any
indemnification obligations later arise. Consultant agrees that it shall, at its own cost, expense and
risk, immediately upon tender, defend the Indemnitees in any and all claims, demands, actions, lien
actions, suits or other legal, arbitral, administrative or other proceedings which may be brought or
instituted against Indemnitees. In providing such defense, Consultant may appoint counsel of its
choice, however, such counsel shall be (i) experienced and capable of effectively handling the subject
matter assigned, and (ii) free of all conflicts of interests, biases and prejudices against indemnified
parties. Consultant’s duty to defend the Indemnitees, as set forth above, shall arise immediately upon
notification and demand by an Indemnitee to Consultant. Alternatively, Consultant may elect to pay,
within 30 days of receipt of an invoice from Contractor its allocable share of Contractor’s defense
fees and costs on an ongoing basis during the pendency of a claim. If Consultant fails to timely and
adequately perform its obligations under this Article 5, Contractor shall have the right to pursue a
claim against the Consultant for any resulting compensatory damages, interest on defe nse and
indemnity costs, from the date incurred, consequential damages, and reasonable attorneys’ fees
incurred to recover these amounts.
ARTICLE 6 - INSURANCE
(a) Prior to commencing the performance of the Services, Consultant shall procure, and thereafter
maintain, at its own expense, for as long as this Agreement is in effect, the insurance coverage as set forth
below in a form and from insurers acceptable to Contractor; and shall provide Contractor with certificates
evidencing such coverage. Each certificate shall state that the insurer will give Contractor thirty (30) days
prior written notice of any cancellation or material change in the policy(ies):
(i) Worker's Compensation insurance, including Occupational Disease insurance, meeting the
statutory requirements of the state in which work is to be performed, together with Broad Form All States
Endorsement and containing Employer's liability insurance in an amount of at least $1,000,000 and a
Waiver of Subrogation endorsement to the policy in favor of Swinerton Builders, its parent and affiliates.
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(ii) Commercial General Liability Coverage under ISO form #CG0001- 1001or its equivalent
with Liability Limits for Bodily Injury and Property Damage of not less than:
$1,000,000 each Occurrence;
$1,000,000 Products/Completed Operations Aggregate;
$1,000,000 General Aggregate if applicable separately to this project and Defense
Costs are in addition to the Aggregate limit.
$2,000,000 General Aggregate if not applicable separately to this project or if
Defense Costs are included in the Aggregate limit.
Payment and/or satisfaction of any deductible shall be the sole and exclusive responsibility of Consultant.
No portion of Consultant’s obligation to provide general liability and excess/umbrella insurance shall be
satisfied by self-insurance or a self-insured retention absent the express written consent of the Contractor
and the Owner.
(iii) Business automobile insurance with limits of liability for bodily injury and property
damage of $1,000,000 per accident. Such insurance shall apply on an “any auto” basis.
(iv) Professional Liability Policy with Limited Contractual Liability Coverage in favor of
Contractor and Owner and a deductible no greater than $25,000 per claim. This insurance shall be
maintained for not less than the duration of the project and 5 years following completion of construction
(tail). Retroactive date of such policy must be on or before the date Consultant began performing
professional services on this Project. Insurer shall waive subrogation rights against Contractor and Owner
and any other entity required in the prime contract. Limit of liability shall be not less than:
Consultants: $1,000,000 per Claim
Engineers: $2,000,000 per Claim
(b) Consultant’s assumption of liability is independent from, and not limited in any manner by, the
Consultant’s insurance coverage obtained pursuant to this Article 6 or otherwise. All amounts owed by
Consultant to Contractor as a result of the liability provisions of this Agreement shall be paid on demand.
(c) Consultant shall include the following entities as Additional Insureds on the General Liability
policy required pursuant to this Agreement:
Swinerton Builders, its parent and affiliated companies;
CITY OF SAN LUIS OBISPO;
other name if applicable
Other parties as required by Owner in Prime Contract.
ARTICLE 7 - ASSIGNMENT AND SUBCONTRACTING
Consultant shall not assign this Agreement or funds due under this Agreement without the prior written
consent of Contractor. Any assignment, subletting or delegation, in whole or in part, by Consultant of
this Agreement, of the Services or of any claims arising hereunder without the prior written consent of
Contractor shall be void. However, with the written consent of Contractor, which shall not be
unreasonably withheld, Consultant may employ suitably trained and skilled persons or firms under
contract with Consultant to perform a part of Consultant’s Services. Contractor shall have the right in its
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sole discretion, and without Consultant’s consent, to assign its rights and obligations under this
Agreement, as well as any claims arising hereunder, as allowable under the applicable law.
ARTICLE 8 - TERMINATION
Contractor shall have the right to terminate this Agreement, in whole or part, for convenience, by
providing Consultant three (3) days written notice of termination. Upon expiration of the three (3) days,
this Agreement will terminate and Consultant shall be paid the amount earned or reimbursable to it
hereunder to the time specified in the Notice of Termination, including all reasonable actual costs
incurred by Consultant in connection with discontinuing the Services unless Consultant is otherwise in
breach of this Agreement.
If Consultant is in breach of this Agreement, Contractor shall have the right to terminate this Agreement
for cause, in which case Consultant shall be liable for all costs, damages and remedies at law and equity
available to Contractor, including the costs incurred by Contractor to complete the Services. If Contractor
is subsequently deemed to have wrongfully terminated Consultant for cause, such termination shall be
treated as though it had been one for convenience pursuant to this Article 8, and Consultant shall only be
entitled to such compensation as it would have been entitled to for a termination for convenience.
Consultant shall have no further claim against Contractor with respect thereto.
ARTICLE 9 - TAXES AND PERMITS
(a) Consultant agrees to pay and comply with and hold Contractor harmless against the payment of
all contributions, premiums or taxes of whatever nature, including any interest or penalties, which may be
payable by it under any Federal, State or local laws arising out of the performance of this Agreement.
(b) Consultant shall obtain and pay for all permits, plan checks, licenses, fees and certificates of
inspection which may be necessary for the prosecution and completion of its duties and obligations
hereunder, and shall arrange for any applicable inspections and approvals by public officials.
ARTICLE 10 - LAWS, REGULATIONS, ORDINANCES
(a) This Agreement shall be construed and enforced in accordance with the laws of the State where
the Project is located, excluding choice of law rules. Venue for any legal action shall be in the State
where the Project is located.
(b) Consultant agrees to be bound by and, at its own cost, comply with all Federal, State and local
laws, codes, ordinances, regulations and licensing requirements applicable to the performance of its duties
and obligations hereunder.
ARTICLE 11 – DISPUTES AND DISPUTE RESOLUTION
(a) A Dispute shall arise when Contractor denies or otherwise challenges a timely claim brought by
Consultant or the Parties have another form of disagreement arising from the Agreement (collectively
“Dispute”). A Dispute shall also include any claim by Consultant that Contractor believes, in its discretion,
involves, in whole or in part, disputes or claims between the Contractor and a third-party, including without
limitation the Owner.
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(b) Consultant shall not delay or postpone any Services pending resolution of any Dispute except as
the Contractor and Consultant may otherwise agree in writing. Pending final resolution of a Dispute,
including exhaustion of all applicable dispute resolution procedures, Consultant shall proceed diligently
with the performance of the Services, including any disputed work, and based on such performance,
Contractor shall continue to make payments for undisputed Services in accordance with this Agreement.
(c) Disputes under the Prime Contract. If any Dispute between Consultant and Contractor arising out
of or relating to this Agreement pertains in any way to a claim, dispute, or matter in question between
Contractor and Owner arising out of or relating to the Prime Contract (“Related Prime Contract Dispute”),
then this Dispute will be decided using the process utilized for the Related Prime Contract Dispute, and the
laws governing the resolution of Prime Contract disputes, regardless of whether Consultant formally joins
the process as a litigant or named party. Any and all claims of the Consultant related to a Related Prime
Contract Dispute shall be handled in this manner. Consultant agrees to: (i) cooperate with Contractor, (ii)
assist in the discovery and other preparations for the hearing, (iii) make its employees available for
testimony before and after the hearing, (iv) share proportionately the legal fees and costs associated with
the preparation for and execution of the hearing to the extent mutually agreed upon related to the amount
of damage being pursued by the Contractor on Consultant’s behalf, and (v) stay any action filed by the
Consultant against Contractor as long as the Consultant’s position is being diligently pursued by the
Contractor in the hearing where the Related Prime Contract Dispute is being heard, and until all such
appeals pertaining to the Related Prime Contract Dispute are exhausted. Consultant will be bound by the
results of the dispute resolution procedure controlling the Related Prime Contract Dispute as it relates to
Consultant, and such results shall be final. Nothing in this Agreement shall allow Consultant to be a named
party in a dispute forum being utilized by Contractor and Owner where that Consultant has no legal standing
to litigate its disputes before that forum.
(1) Disputes between Contractor and Consultant. In the event that either (i) the provisions for
resolution of Disputes between Contractor and Owner contained in the Prime Contract Documents
do not permit joinder with disputes of third parties, such as Consultant, and Contractor elects not
to enter into a liquidating agreement with Consultant, or (ii) if such Dispute is only between
Contractor and Consultant, then the Parties shall submit the Disputes to the dispute resolution
procedure set forth in Paragraphs 11(d) and 11(e) below. Contractor reserves the right to seek
consolidation of any mediation, lawsuit or arbitration arising under this Agreement with any
mediation, lawsuit or arbitration relating to disputes between Contractor and Owner.
(2) Mediation between Contractor and Consultant. The Parties shall endeavor to resolve their Disputes
through mediation. Any such mediation proceedings shall be under the auspices of and governed
by the rules of the Prime Contract Documents. If the Prime Contract Documents do not provide
rules for mediation, the mediation shall be governed by the Construction Industry Mediation Rules
of the American Arbitration Association or the Parties may mutually agree to select another set of
mediation rules. However, if the Project is in Hawaii, Parties agree that the mediation shall be
conducted by Dispute Prevention & Resolution, Inc., and governed by its Mediation Rules. Neither
Party shall proceed with arbitration or litigation until the completion of the mediation process. The
costs of the mediator shall be shared equally by the Parties.
(i) A request for mediation shall be filed in writing with the other Party to this A greement.
The request may be made concurrently with the filing of a demand for arbitration or
litigation but, in such event, mediation shall proceed in advance of arbitration or legal or
equitable proceedings, which shall be stayed pending mediation for a period of 60 days
DocuSign Envelope ID: 6E8FFFA9-5612-4F97-851F-A019B6C6CFEE
In Process
Professional Services Agreement Standard Form - 2020
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from the date of filing, unless stayed for a longer period by agreement of the Parties or
court order.
(ii) The mediation shall be held in the city or county where the Project is located, unless another
location is mutually agreed upon. If the Project is located in Hawaii, it shall be held at the
Honolulu office of Dispute Prevention & Resolution, Inc., unless Parties otherwise agree
in writing. Any agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
(d) WAIVER OF JURY TRIAL. Unless otherwise agreed to in writing, for disputes that are not
governed by Paragraph 11(c) above, Parties agree to resolve such disputes in either the state or federal court
having jurisdiction of the matter in the location of the Project. THE PARTIES WAIVE THE RIGHT
TO A JURY TRIAL, AND AGREE THAT THEIR DISPUTE WILL BE DETERMINED BY A
JUDGE. THE PARTIES SPECIFICALLY AGREE AND ACKNOWLEDGE THAT THE NATURE
AND COMPLEXITY OF CONSTRUCTION DISPUTES IS SUCH THAT MATTERS ARE
BETTER AND MORE EFFICIENTLY DECIDED BY A JUDGE RATHER THAN A JURY.
(e) Joinder of Other Parties. Consultant shall include in each of its contracts with its subconsultants a
specific provision whereby the necessary party agrees to be joined or consolidated with any dispute
procedure between Contractor and Consultant. Further, the Contractor and Consultant grant to any person
or entity made a party to and conducted under this Section, whether by joinder or consolidation, the same
rights of joinder and consolidation as the Contractor and Consultant under this Agreement.
ARTICLE 12 - LICENSES
To the extent required or applicable, Consultant warrants that it is currently licensed and in good standing
to practice the profession and provide the Services in the state or jurisdiction where performed.
ARTICLE 13 - ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties hereto with respect to the matters
covered herein. No other agreements, representations, warranties or statements, whether oral or written,
shall be binding on either party.
ARTICLE 14 – SAVINGS CLAUSE
If any portion of this Agreement is determined to be void, voidable or illegal, such portion shall be deemed
severed from the other portions of this Agreement that are not void, voidable or illegal and such other
portions shall be enforceable in accordance with their terms. No waiver of any provision or breach of this
Agreement shall constitute a waiver of any other provision or breach of this Agreement.
ARTICLE 15 - ATTORNEYS FEES AND COSTS
In the event legal action is initiated to enforce the provisions of this Agreement, the prevailing party shall
be awarded reasonable attorney’s fees and costs expended, including the costs of experts.
ARTICLE 16 – WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES
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With the exception of the express reservation contained herein, the Parties mutually waive claims against
each other for consequential damages arising out of or relating to this Agreement. This waiver applies to
all claims for any consequential, special, incidental, indirect, punitive or exemplary damages, and the
Parties hereby release each other from any such liability; provided, however, that this limitation of
liability shall not affect Consultant’s obligations under Article 5, for any such damages that may be owed
to the Owner or other third parties, or to the extent that any such damages are recoverable from insurance.
ARTICLE 17 – COUNTERPARTS AND ELECTRONIC SIGNATURES
Contractor may establish a procedure by which the Agreement, or any one or more of the document issued
under, pursuant to or in connection with the Agreement may be signed by one or both Parties using an
electronic signature methodology designated by Contractor in its sole discretion. In such event, upon
written notice to Consultant, Contractor may require that such documents be executed using such electronic
signature methodology and the Parties’ use of such electronic signature methodology will be considered as
binding as an ink or facsimile signature by a Party and may be relied upon by both Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the day and year above written.
PROJECT NAME: City of San Luis Obispo Cultural Arts District Parking Structure
HIVE ENGINEERING, Subcontractor SWINERTON BUILDERS, Contractor
By: By:
Name Dan Parker-King Name Kevin Hermreck
Title President Title Project Manager
Subcontractor License No: Swinerton License No: 092
DocuSign Envelope ID: 6E8FFFA9-5612-4F97-851F-A019B6C6CFEE
10/30/2023
C74672
In Process
Certificate Of Completion
Envelope Id: 6E8FFFA956124F97851FA019B6C6CFEE Status: Sent
Subject: 23049042 City of Luis Obispo Cultural Arts District PS | HIVE ENGINEERING PSA
Source Envelope:
Document Pages: 13 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 2 Maria Sebastian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2300 Clayton Road
8th Floor
Concord, CA 94520
maria.sebastian@swinerton.com
IP Address: 12.174.77.202
Record Tracking
Status: Original
10/26/2023 1:22:34 PM
Holder: Maria Sebastian
maria.sebastian@swinerton.com
Location: DocuSign
Signer Events Signature Timestamp
Kevin Hermreck
khermreck@swinerton.com
Project Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 66.27.56.2
Sent: 10/27/2023 3:18:27 PM
Viewed: 10/27/2023 3:22:49 PM
Signed: 10/27/2023 3:23:24 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2022 2:41:38 PM
ID: 366730e7-3521-4806-9a86-a2c4025e19de
Dan Parker-King
dan@hiveengineering.us
Security Level: Email, Account Authentication
(None), Access Code
Signature Adoption: Pre-selected Style
Using IP Address: 68.78.72.225
Sent: 10/27/2023 3:23:26 PM
Viewed: 10/30/2023 10:36:49 AM
Signed: 10/30/2023 10:38:01 AM
Electronic Record and Signature Disclosure:
Accepted: 10/30/2023 10:36:49 AM
ID: df07f082-0d34-4b06-94ba-583803619780
Kevin Hermreck
khermreck@swinerton.com
Project Manager
Security Level: Email, Account Authentication
(None)
Sent: 10/30/2023 10:38:03 AM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2022 2:41:38 PM
ID: 366730e7-3521-4806-9a86-a2c4025e19de
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
In Process
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/27/2023 3:18:27 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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CONSUMER DISCLOSURE
From time to time, Swinerton Builders (we, us or Company) may be required by law to provide
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request delivery of such paper copies from us by following the procedure described below.
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If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
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How to contact Swinerton Builders:
Electronic Record and Signature Disclosure created on: 6/14/2012 9:15:29 AM
Parties agreed to: Kevin Hermreck, Dan Parker-King, Kevin Hermreck
In Process
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: bjohnston@swinerton.com
To advise Swinerton Builders of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Project Manager or Project
Assistant and in the body of such request you must state: your previous e-mail address, your new
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To request paper copies from Swinerton Builders
To request delivery from us of paper copies of the notices and disclosures previously provided
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To withdraw your consent with Swinerton Builders
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Until or unless I notify Swinerton Builders as described above, I consent to receive from
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available to me by Swinerton Builders during the course of my relationship with you.
In Process
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51
APPENDIX E
CONTRACTOR/SUBCONTRACTOR INFORMATION
SWPPP SLO Downtown Parking Structure
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52
Contractor
Name
Discipline Contact Title Phone Email
Swinerton
Builders
GC Daniel O’Connel Superintendent 949.491.6584 Daniel.OConnell@swinerton.com
Hive Engineering SWPPP Dan Parker-King QSP 805-550-8546 dan@hiveengineering.us
Additional subcontractor(s) will be named later.
SWPPP SLO Downtown Parking Structure
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53
APPENDIX F
SWPPP TRAINING LOG
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54
Trained Contractor Personnel Log
Stormwater Management Training Log and Documentation
Project Name:
WDID #: 3 40C399332
Stormwater Management Topic: (check as appropriate)
Erosion Control
Wind Erosion Control
Non-Stormwater Management Stormwater Sampling
Sediment Control Tracking Control
Waste Management and Materials Pollution Control
Objective:
Location:
Date:
Instructor:
Telephone
Course Length
Attendee Roster (Attach additional forms if necessary)
Name Company Phone
As needed, add proof of external training (e.g., course completion certificates, credentials for
QSP, QSD).
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55
APPENDIX G
SITE MAP
EROSION CONTROL PLAN
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APPENDIX H
RISK LEVEL CALCULATIONS
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A B C
1 Sediment Risk Factor Worksheet Entry
2 A) R Factor
3
Analyses of data indicated that when factors other than rainfall are held constant, soil loss is directly proportional to a rainfall
factor composed of total storm kinetic energy (E) times the maximum 30-min intensity (I30) (Wischmeier and Smith, 1958). The
numerical value of R is the average annual sum of EI30 for storm events during a rainfall record of at least 22 years. "Isoerodent"
maps were developed based on R values calculated for more than 1000 locations in the Western U.S. Refer to the link below to
determine the R factor for the project site.
4 http://cfpub.epa.gov/npdes/stormwater/LEW/lewCalculator.cfm
5
R Factor Value 71.48
6 B) K Factor (weighted average, by area, for all site soils)
7
The soil-erodibility factor K represents: (1) susceptibility of soil or surface material to erosion, (2) transportability of the
sediment, and (3) the amount and rate of runoff given a particular rainfall input, as measured under a standard condition. Fine-
textured soils that are high in clay have low K values (about 0.05 to 0.15) because the particles are resistant to detachment.
Coarse-textured soils, such as sandy soils, also have low K values (about 0.05 to 0.2) because of high infiltration resulting in low
runoff even though these particles are easily detached. Medium-textured soils, such as a silt loam, have moderate K values (about
0.25 to 0.45) because they are moderately susceptible to particle detachment and they produce runoff at moderate rates. Soils
having a high silt content are especially susceptible to erosion and have high K values, which can exceed 0.45 and can be as large
as 0.65. Silt-size particles are easily detached and tend to crust, producing high rates and large volumes of runoff. Use Site-
specific data must be submitted.
8 Site-specific K factor guidance
9
K Factor Value 0.24
10 C) LS Factor (weighted average, by area, for all slopes)
11
The effect of topography on erosion is accounted for by the LS factor, which combines the effects of a hillslope-length factor, L,
and a hillslope-gradient factor, S. Generally speaking, as hillslope length and/or hillslope gradient increase, soil loss increases. As
hillslope length increases, total soil loss and soil loss per unit area increase due to the progressive accumulation of runoff in the
downslope direction. As the hillslope gradient increases, the velocity and erosivity of runoff increases. Use the LS table located in
separate tab of this spreadsheet to determine LS factors.
Estimate the weighted LS for the site prior to construction.
12
LS Table
13
LS Factor Value 1.25
14
15 Watershed Erosion Estimate (=RxKxLS) in tons/acre 21
16 Site Sediment Risk Factor
MEDIUM
17 Low Sediment Risk: < 15 tons/acre
18 Medium Sediment Risk: >=15 and <75 tons/acre
19 High Sediment Risk: >= 75 tons/acre
20
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Receiving Water (RW) Risk Factor Worksheet Entry Score
A. Watershed Characteristics
yes/no
A.1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed
waterbody impaired by sediment (For help with impaired waterbodies please visit the link below)
or has a USEPA approved TMDL implementation plan for sediment?:
YES
HIGH
http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml
OR
A.2. Does the disturbed area discharge to a waterbody with designated beneficial uses of
SPAWN & COLD & MIGRATORY? (For help please review the appropriate Regional Board Basin
Plan)
http://www.waterboards.ca.gov/waterboards_map.shtml
Region 1 Basin Plan
Region 2 Basin Plan
Region 3 Basin Plan
Region 4 Basin Plan
Region 5 Basin Plan
Region 6 Basin Plan
Region 7 Basin Plan
Region 8 Basin Plan
Region 9 Basin Plan
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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APPENDIX I
CHAIN-OF-CUSTODY (COC) FORM
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering DESTINATION LAB: ATTN: ADDRESS: Office Phone: Cell Phone: REQUESTED ANALYSIS Notes: SAMPLED BY: Contact: Facility Name Client Sample ID Sample Date Sample Time Sample Matrix Container # Type Pres. SENDER COMMENTS: RELINQUISHED BY Signature: Print: Company: Date: TIME: LABORATORY COMMENTS: RECEIVED BY Signature: Print: Company: Date: TIME:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX J
SWPPP AMENDMENT(S) & LOG
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Amendment Log
Facility Name: Cultural Arts district Parking Structure
Waste Discharge Identification (WDID): 565511
Amendment
No.
Date Page and
Section
No.
Requested
By
Brief Description of Amendment;
include reason for change, site location,
and BMP modifications.
Prepared
and
Approved
By
1 8/31/23 2.1
C.1.0
DPK Update risk level based on proximity to
waterbody. Updated detail for inlet
protection based on phasing
DPK
11/1/23 SWPPP
Document
DPK Updated for new contractor, and new phase. DPK
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX K
CORRECTIVE ACTION LOG
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering EXAMPLE Corrective Action Log Project Name: ______________________________________________ NPDES ID Number: __________________________________________ Section A – Individual Completing this Log Name: Title: Company Name: Email: Address: Phone Number: Section B – Details of the Problem (CGP Part 5.4.1.a) Complete this section within 24 hours of discovering the condition that triggered corrective action. Date problem was first identified: Time problem was first identified: What site conditions triggered this corrective action? (Check the box that applies. See instructions for a description of each triggering condition (1 thru 6).) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ 5a ☐ 5b ☐ 6 Specific location where problem identified: Provide a description of the specific condition that triggered the need for corrective action and the cause (if identifiable): Section C – Corrective Action Completion (CGP Part 5.4.1.b) Complete this section within 24 hours after completing the corrective action. For site condition # 1, 2, 3, 4, or 6 (those not related to a dewatering discharge) confirm that you met the following deadlines (CGP Part 5.2.1): ☐ Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events. AND ☐ Completed corrective action by the close of the next business day, unless a new or replacement control, or significant repair, was required. OR ☐ Completed corrective action within seven (7) calendar days from the time of discovery because a new or replacement control, or significant repair, was necessary to complete the installation of the new or modified control or complete the repair. OR ☐ It was infeasible to complete the installation or repair within 7 calendar days from the time of discovery. Provide the following additional information: Explain why 7 calendar days was infeasible to complete the installation or repair:
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering Provide your schedule for installing the stormwater control and making it operational as soon as feasible after the 7 calendar days: For site condition # 5a, 5b, or 6 (those related to a dewatering discharge), confirm that you met the following deadlines: ☐ Immediately took all reasonable steps to minimize or prevent the discharge of pollutants until a solution could be implemented, including shutting off the dewatering discharge as soon as possible depending on the severity of the condition taking safety considerations into account. ☐ Determined whether the dewatering controls were operating effectively and whether they were causing the conditions. ☐ Made any necessary adjustments, repairs, or replacements to the dewatering controls to lower the turbidity levels below the benchmark or remove the visible plume or sheen. Describe any modification(s) made as part of corrective action: (Insert additional rows below if applicable) Date of completion: SWPPP update necessary? If yes, date SWPPP was updated: 1. ☐ Yes ☐ No 2. ☐ Yes ☐ No Section D - Signature and Certification (CGP Part 5.4.2) “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” MANDATORY: Signature of Operator or “Duly Authorized Representative:” Signature: Date: Printed Name: Affiliation: OPTIONAL: Signature of Contractor or Subcontractor Signature: Date: Printed Name: Affiliation:
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering General Instructions This Corrective Action Log Template is provided to assist you creating a corrective action log that complies with the minimum reporting requirements of Part 5.4 of the EPA’s Construction General Permit (CGP). For each triggering condition on your site, you will need to fill out a separate corrective action log. The entire form must be completed to be compliant with the requirements of the permit. (Note: In Section C, if you do not need the number of rows provided in the corrective action log, you may delete these or cross them off. Alternatively, if you need more space to describe any modifications, you may insert additional rows in the electronic version of this form or use the bottom of the page in the field version of this form.) If you are covered under a State CGP, this template may be helpful in developing a log that can be used for that permit; however, you will likely need to modify this form to meet the specific requirements of any State-issued permit. If your permitting authority requires you to use a specific corrective action log, you should not use this template. Instructions for Section A Individual completing this form Enter the name of the person completing this log. Include the person’s contact information (title, affiliated company name, address, email, and phone number). Instructions for Section B You must complete Section B within 24 hours of discovering the condition that triggered corrective action. (CGP Part 5.4) When was the problem first discovered? Specify the date and time when the triggering condition was first discovered. What site conditions triggered this corrective action? (CGP Parts 5.1 and 5.3) Check the box corresponding to the numbered triggering condition below that applies to your site. 1. A stormwater control needs a significant repair or a new or replacement control is needed, or, in accordance with Part Error! Reference source not found., you find it necessary to repeatedly (i.e., 3 or more times) conduct the same routine maintenance fix to the same control at the same location (unless you document in your inspection report under Part Error! Reference source not found. that the specific reoccurrence of this same problem should still be addressed as a routine maintenance fix under Part Error! Reference source not found.); 2. A stormwater control necessary to comply with the requirements of this permit was never installed, or was installed incorrectly; 3. Your discharges are not meeting applicable water quality standards; 4. A prohibited discharge has occurred (see Part 1.3); 5. During discharge from site dewatering activities: a. The weekly average of your turbidity monitoring results exceeds the 50 NTU benchmark (or alternate benchmark if approved by EPA pursuant to Part Error! Reference source not found.); or b. You observe or you are informed by EPA, State, or local authorities of the presence of any of the following at the point of discharge to a receiving water flowing through or immediately adjacent to your site and/or to constructed or natural site drainage features or storm drain inlets: · sediment plume · suspended solids · unusual color · presence of odor
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering · decreased clarity · presence of foam · visible sheen on the water surface or visible oily deposits on the bottom or shoreline of the receiving water 6. EPA requires corrective action as a result of permit violations found during an inspection carried out under Part 4.8. Provide a description of the problem (CGP Part 5.4.1.a) Provide a summary description of the condition you found that triggered corrective action, the cause of the problem (if identifiable), and the specific location where it was found. Be as specific as possible about the location; it is recommended that you refer to a precise point on your site map. Instructions for Section C You must complete Section C within 24 hours after completing the correction action. (CGP Part 5.4) Deadlines for completing corrective action for condition # 1, 2, 3, 4, or 6 (if not relating to a dewatering discharge) (CGP Part 5.2.1) Check the box to confirm that you met the deadlines that apply to each triggering condition. You are always required to check the first box (i.e., Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events.). Only one of the next three boxes should be checked depending on the situation that applies to this corrective action. Check the second box if the corrective action for this particular triggering condition does not require a new or replacement control, or a significant repair. These actions must be completed by the close of the next business day from the time of discovery of the condition. Check the third box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair. These actions must be completed by no later than seven calendar days from the time of discover of the condition. Check the fourth box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair, and if it is infeasible to complete the work within seven calendar days. Additionally, you will need to fill out the table below the checkbox that requires: 1. An explanation as to why it was infeasible to complete the installation or repair within seven calendar days of discovering the condition. 2. Provide the schedule you will adhere to for installing the stormwater control and making it operational as soon as feasible after the seventh day following discovery. Note: Per Part 5.2.1.c, where these actions result in changes to any of the stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within seven calendar days of completing this work. Deadlines for completing corrective action for condition # 5a, 5b, or 6 related to a dewatering discharge (CGP Part 5.2.2) These deadlines apply to conditions relating to construction dewatering activities. Check the box to confirm that you met the deadlines that apply to each triggering condition. You are required to check all of the boxes in this section to indicate your compliance with the corrective action deadlines. List of modification(s) to correct problem Provide a list of modifications you completed to correct the problem. Date of completion Enter the date you completed the modification. The work must be completed by the deadline you indicated above.
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering SWPPP update necessary? Check “Yes” or “No” to indicate if a SWPPP update is necessary consistent with Part 7.4.1.a in order to reflect changes implemented at your site. If “Yes,” then enter the date you updated your SWPPP. The SWPPP updates must be made within seven calendar days of completing a corrective action. (CGP Part 5.2.1.c) Instructions for Section D Each corrective action log entry must be signed and certified following completion of Section D to be considered complete. (CGP Part 5.4.2) Operator or “Duly Authorized Representative” – MANDATORY (CGP Appendix G Part G.11.2 and CGP Appendix H Section X) At a minimum, the corrective action log must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply: If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: · For a corporation: By a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. · For a partnership or sole proprietorship: By a general partner or the proprietor, respectively. · For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a Federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: · The authorization is made in writing by the person who signed the NOI (see above); · The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and · The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. Sign, date and print your name and affiliation.
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering Contractor or Subcontractor - OPTIONAL Where you rely on a contractor or subcontractor to complete this log and the associated corrective action, you should consider requiring the individual(s) to sign and certify each log entry. Note that this does not relieve you, the permitted operator, of the requirement to sign and certify the log as well. If applicable, sign, date, and print your name and affiliation. Recordkeeping Logs must be retained for at least 3 years from the date your permit coverage expires or is terminated. (CGP Part 5.4.4) Keep copies of your signed corrective action log entries at the site or at an easily accessible location so that it can be made immediately available at the time of an on-site inspection or upon request by EPA. (CGP Part 5.4.3) Include a copy of the corrective action log in your SWPPP. (CGP Part 7.2.7.e) Note While EPA has made every effort to ensure the accuracy of all instructions contained in this template, it is the permit, not this template, that determines the actual obligations of regulated construction stormwater discharges. In the event of a conflict between this template and any corresponding provision of the CGP, you must abide by the requirements in the permit. EPA welcomes comments on this Corrective Action Log Template at any time and will consider those comments in any future revision. You may contact EPA for CGP-related inquiries at cgp@epa.gov
SWPPP SLO Downtown Parking Structure
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APPENDIX L
SAMPLING LOG
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Visual Observation Log - Monthly
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Current Weather:
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source:
Outdoor Industrial Equipment and Storage Area Observations
Complete Monthly BMP
Inspection Report
Yes □ No □
Drainage Area 1:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 2:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 3:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
If yes to any, describe:
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
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Visual Observation Log – Sampling Events
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Weather:
Precipitation Total: Predicted % chance of rain:
Estimate storm beginning:
(date and time)
Estimate storm
duration:
(hours)
Estimate time
since last storm:
(days or hours)
Rain
gauge
reading:
(inches)
Sampling Event Observations
Observations: If yes identify location and observe drainage area to identify probable cause
Odors Yes □ No □
Floating material Yes □ No □
Suspended Material Yes □ No □
Sheen Yes □ No □
Discolorations Yes □ No □
Turbidity Yes □ No □
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source
Drainage Area Observations
Drainage Area Deficiencies Noted
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Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
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Sampling Log
Facility Name: Date: Time Start:
Sampler Name:
Field Meter Calibration
pH Meter ID No./Description:
Calibration Date/Time:
Field pH Measurements
Discharge Location Identifier pH Time
Samples Collected
Discharge
Location Identifier
Constituent Time
Oil and Grease
Total Suspended Solids
Additional Sampling Notes:
Time End:
SWPPP SLO Downtown Parking Structure
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APPENDIX M
ANNUAL FEE STATEMENT AND RECIEPTS
SWPPP SLO Downtown Parking Structure
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FOR INFORMATION ONLY. SEE THE WATERBOARDS.CA.GOV WEBSITE FOR FEES AND
STIPULATONS.
CALIFORNIA CODE OF REGULATIONS
TITLE 23. Division 3. Chapter 9. Waste Discharge Reports and Requirements Article 1. Fees
Section 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the
Water Code shall submit, to the state board, an annual fee in accordance with the following schedules. The
fee shall be submitted for each waste discharge requirement order issued to that person.1 (a) The annual
fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3),
(a)(4), (b), and (c), shall be based on the discharge’s threat to water quality (TTWQ) and complexity (CPLX)
rating according to the following fee schedule, plus applicable surcharge(s).
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Oil and gas produced water storage and disposal facilities regulated by waste discharge requirements are
subject to a surcharge per barrels of waste water discharged in the prior 12 months according to the following
schedule: TTWQ & CPLX Rating No Barrels 1 to 999,999 Barrels 1,000
SWPPP SLO Downtown Parking Structure
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SWPPP SLO Downtown Parking Structure
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APPENDIX N
CONSTRUCTION SITE MONITORING INSPECTION FORM
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BMP INSPECTION REPORT
Date and Time of Inspection: Date Report Written:
Inspection Type:
(Circle one)
Weekly
Complete Parts
I,II,III and VII
Pre-Storm
Complete Parts
I,II,III,IV and VII
During Rain Event
Complete Parts I, II,
III, V, and VII
Post-Storm
Complete Parts
I,II,III,VI and VII
Part I. General Information
Site Information
Construction Site Name:
Construction stage and
completed activities:
Approximate area
of site that is exposed:
Photos Taken:
(Circle one) Yes No
Photo Reference IDs:
Weather
Estimate storm beginning:
(date and time)
Estimate storm duration:
(hours)
Estimate time since last storm:
(days or hours)
Rain gauge reading and location:
(in)
Is a “Qualifying Event” predicted or did one occur (i.e., 0.5” rain with 48-hrs or greater between events)? (Y/N) If yes,
summarize forecast:
Exemption Documentation (explanation required if inspection could not be conducted). Visual inspections
are not required outside of business hours or during dangerous weather conditions such as flooding or electrical storms.
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
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Part II. BMP Observations. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Failures or
other short
comings (yes,
no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Construction Materials
Inventory of products (excluding materials designed to be
outdoors)
Stockpiled construction materials not actively in use are
covered and bermed
All chemicals are stored in watertight containers with
appropriate secondary containment, or in a completely
enclosed storage shed
Construction materials are minimally exposed to precipitation
BMPs preventing the off-site tracking of materials are
implemented and properly effective
Good Housekeeping for Waste Management
Wash/rinse water and materials are prevented from being
disposed into the storm drain system
Portable toilets are contained to prevent discharges of waste
Sanitation facilities are clean and with no apparent for leaks and
spills
Equipment is in place to cover waste disposal containers at the
end of business day and during rain events
Discharges from waste disposal containers are prevented from
discharging to the storm drain system / receiving water
Stockpiled waste material is securely protected from wind and rain
if not actively in use
Procedures are in place for addressing hazardous and non-
hazardous spills
Appropriate spill response personnel are assigned and trained
Equipment and materials for cleanup of spills is available
onsite
Washout areas (e.g., concrete) are contained appropriately to
prevent discharge or infiltration into the underlying soil
Good Housekeeping for Vehicle Storage and Maintenance
Measures are in place to prevent oil, grease, or fuel from
leaking into the ground, storm drains, or surface waters
All equipment or vehicles are fueled, maintained, and stored in a
designated area with appropriate BMPs
Vehicle and equipment leaks are cleaned immediately and
disposed of properly
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Part II. BMP Observations Continued. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Adequately
designed,
implemented and
effective
(yes, no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Landscape Materials
Stockpiled landscape materials such as mulches and topsoil are
contained and covered when not actively in use
Erodible landscape material has not been applied 2 days
before a forecasted rain event or during an event
Erodible landscape materials are applied at quantities and rates
in accordance with manufacturer recommendations
Bagged erodible landscape materials are stored on pallets and
covered
Good Housekeeping for Air Deposition of Site Materials
Good housekeeping measures are implemented onsite to
control the air deposition of site materials and from site
operations
Non-Stormwater Management
Non-Stormwater discharges are properly controlled
Vehicles are washed in a manner to prevent non-stormwater
discharges to surface waters or drainage systems
Streets are cleaned in a manner to prevent unauthorized non-
stormwater discharges to surface waters or drainage systems.
Erosion Controls
Wind erosion controls are effectively implemented
Effective soil cover is provided for disturbed areas inactive (i.e., not
scheduled to be disturbed for 14 days) as well as finished slopes,
open space, utility backfill, and completed lots
The use of plastic materials is limited in cases when a more
sustainable, environmentally friendly alternative exists.
Sediment Controls
Perimeter controls are established and effective at controlling
erosion and sediment discharges from the site
Entrances and exits are stabilized to control erosion and
sediment discharges from the site
Sediment basins are properly maintained
Linear sediment control along toe of slope, face of slope an at grade
breaks (Risk Level 2 & 3 Only)
Limit construction activity to and from site to entrances and exits
that employ effective controls to prevent offsite tracking (Risk
Level 2 & 3 Only)
SWPPP SLO Downtown Parking Structure
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Ensure all storm, drain inlets and perimeter controls, runoff
control BMPs and pollutants controls at entrances and exits are
maintained and protected from activities the reduce their
effectiveness (Risk Level 2 & 3 Only)
Inspect all immediate access roads daily (Risk Level 2 & 3
Only)
Run-On and Run-Off Controls
Run-on to the site is effectively managed and directed away from
all disturbed areas.
Other
Are the project SWPPP and BMP plan up to date, available on-site and
being properly implemented?
Part III. Descriptions of BMP Deficiencies
Deficiency
Repairs Implemented:
Note - Repairs must begin within 72 hours of identification and,
complete repairs as soon as possible.
Start Date Action
1.
2.
3.
4.
Part IV. Additional Pre-Storm Observations. Note the presence or absence of floating and suspended
materials, sheen, discoloration, turbidity, odors, and source(s) of pollutants(s).
Yes, No, N/A
Do stormwater storage and containment areas have adequate freeboard? If no, complete Part III.
Are drainage areas free of spills, leaks, or uncontrolled pollutant sources? If no, complete Part VII and
describe below.
Notes:
Are stormwater storage and containment areas free of leaks? If no, complete Parts III and/or VII and describe
below.
SWPPP SLO Downtown Parking Structure
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Part V. Additional During Storm Observations. If BMPs cannot be inspected during inclement
weather, list the results of visual inspections at all relevant outfalls, discharge points,
and downstream locations. Note odors or visible sheen on the surface of discharges. Complete Part VII
(Corrective Actions) as needed.
Outfall, Discharge Point, or Other Downstream Location
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Part VI. Additional Post-Storm Observations. Visually observe (inspect) stormwater discharges at
all discharge locations within two business days (48 hours) after each qualifying rain event, and observe
(inspect) the discharge of stored or contained stormwater that is derived
from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at
the time of discharge. Complete Part VII (Corrective Actions) as needed.
Discharge Location, Storage or
Containment Area
Visual Observation
Notes:
SWPPP SLO Downtown Parking Structure
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Part VII. Additional Corrective Actions Required. Identify additional corrective actions not included
with BMP Deficiencies (Part III) above. Note if SWPPP change is required.
Required Actions Implementation Date
SWPPP SLO Downtown Parking Structure
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APPENDIX O
RAIN EVENT ACTION PLAN
SWPPP SLO Downtown Parking Structure
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Rain Event Action Plan (REAP)
Date of REAP WB DID Number:
Date Rain Predicted to Occur: Predicted % chance of rain:
Predicted Rain Event Triggered Actions
Below is a list of suggested actions and items to review for this project. Each active Trade should check all material storage areas,
stockpiles, waste management areas, vehicle and equipment storage and maintenance, areas of active soil disturbance, and areas of active
work to ensure the proper implementation of BMPs. Project-wide BMPs should be checked and cross- referenced to the BMP progress
map.
Trade or Activity Suggested action(s) to perform / item(s) to review prior to rain event
Information & Scheduling Inform trade supervisors of predicted rain
Check scheduled activities and reschedule as needed
Alert erosion/sediment control provider
Alert sample collection contractor (if applicable)
Schedule staff for extended rain inspections
Check Erosion and Sediment Control (ESC) material stock
Review BMP progress map
Other:
Material storage areas Material under cover or in sheds (ex: treated woods and metals)
Perimeter control around stockpiles
Other:
Waste management areas Dumpsters closed
Drain holes plugged
Recycling bins covered
Sanitary stations bermed and protected from tipping
Other:
Trade operations Exterior operations shut down for event (e.g., no concrete pours or paving)
Soil treatments (e.g., fertilizer) ceased within 24 hours of event
Materials and equipment (e.g., tools) properly stored and covered
Waste and debris disposed in covered dumpsters or removed from site
Trenches and excavations protected
Perimeter controls around disturbed areas
Fueling and repair areas covered and bermed
Other:
Site ESC BMPs Adequate capacity in sediment basins and traps
Site perimeter controls in place
Catch basin and drop inlet protection in place and cleaned
Temporary erosion controls deployed
Temporary perimeter controls deployed around disturbed areas and stockpiles
Roads swept; site ingress and egress points stabilized
Other:
Concrete rinse out area Adequate capacity for rain
Wash-out bins covered
Other:
Spill and drips All incident spills and drips, including paint, stucco, fuel, and oil cleaned
Drip pans emptied
Other:
SWPPP SLO Downtown Parking Structure
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Other / Discussion /
Diagrams
Attach a printout of the weather forecast from the NOAA website to the REAP.
I certify under penalty of law that this Rain Event Action Plan (REAP) will be performed in accordance with the General Permit by me or
under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Date:
Qualified SWPPP Practitioner (Use ink please)
67
From:Dan Parker-King <dan@hiveengineering.us>
Sent:Thursday, November 2, 2023 10:02 AM
To:Ryan Stefanek; Nelson, Brian; Kacsinta, Madeline; Daniel O'Connell; German Valdez; Kevin
Hermreck
Subject:SWPPP - SLO Downtown Parking Structure
Attachments:SWPPP -SLO DOWNTOWN PARKING SWPPP_v20231102.pdf
Follow Up Flag:Follow up
Flag Status:Completed
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good morning,
Brian and Ryan, I've made the required updates to the SWPPP. My hope is to submit it as an update under the
existing WDID, since I will be continuing my work with Swinerton as the QSP for the next phase.
If you are OK with it, Brian, please sign and I will update our project in SMARTs.
Updates to the SWPPP include:
1. Construction Dates - The new dates moved the needle from low to medium for erosivity, but the risk level
will remain at 2.
2. Contractor changed to Swinerton.
3. Documents D, E, G, are included in the document, rather than as attachments per Brian's previous
comments.
4. Erosion control plans (by RRM) added for the next phases of the project.
Dan Parker-King, PE
Principal Engineer
Tel (805)-550-8546
www.hiveengineering.us
HIVE ENGINEERING
705 Fiero Ln Suite 10 | San Luis Obispo | CA 93401
STORM WATER POLLUTION
PREVENTION PLAN
Project Name:
SLO Downtown Parking Structure Project
Legally Responsible Person (LRP)
Brian Nelson
Deputy Director of Public Works / City Engineer
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Prepared For:
The City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA
Risk Level: 2
Site Addresses:
Cultural Arts District
609 Palm Street
San Luis Obispo, CA 93401
Estimated Project Construction Dates:
November 13, 2023 – February 13, 2025
SWPPP Prepared by:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546 phone
QSP
Daniel Parker-King, RCE, QSD/P
Permit Registration Submittal Date:8/31/23
WDID No: - 565511
Date: 11/1/23
SWPPP SLO Downtown Parking Structure
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2
TABLE OF CONTENTS
Acronyms .............................................................................................................................................................. 4
Legally Responsible Person ................................................................................................................................... 5
Qualified SWPPP Developer .................................................................................................................................. 6
Storm Water Multi-Application and Report Tracking System ............................................................................................ 6
1.0 SWPPP Requirements............................................................................................................................... 7
1.1 Introduction ......................................................................................................................................................... 7
1.2 Permit Registration Documents ........................................................................................................................... 7
1.3 Swppp availability and implementation .............................................................................................................. 8
1.4 Pollution Prevention Team .................................................................................................................................. 8
1.5 Duly Authorized Representatives ........................................................................................................................ 8
1.6 Permits and Governing Documents ..................................................................................................................... 8
1.7 SWPPP Amendments ........................................................................................................................................... 9
1.8 Retention of Records ........................................................................................................................................... 9
1.9 Exceedance Response Actions (ERA’s) ............................................................................................................... 10
1.10 Annual Comprehensive Facility Compliance Evaluation .................................................................................... 10
1.11 Annual Report .................................................................................................................................................... 11
1.12 Termination and Changes to General Permit Coverage ..................................................................................... 11
2.0 Facility Information ................................................................................................................................ 11
2.1 Facility Description ............................................................................................................................................. 11
2.1.1 Facility Location ............................................................................................................................................ 11
2.1.2 Existing Conditions ........................................................................................................................................ 12
2.1.3 Description of Drainage Areas and Existing Drainage ................................................................................... 13
2.1.4 Developed Condition .................................................................................................................................... 14
2.2 Project Risk Level ............................................................................................................................................... 14
2.2.1 Project Sediment Risk: .................................................................................................................................. 15
2.2.2 Receiving Water Risk: .................................................................................................................................... 17
2.2.3 Combined Risk: ............................................................................................................................................. 17
2.3 Construction Site Estimates ............................................................................................................................... 18
2.4 Construction Schedule ....................................................................................................................................... 18
2.5 Identification of Potential Pollutant Source ....................................................................................................... 18
3.0 Best Management Practices .................................................................................................................. 19
3.1 Contractor Information ...................................................................................................................................... 19
3.2 BMP Installation Schedule ................................................................................................................................. 19
3.3 Erosion & Sediment Control Best Management Practices ................................................................................. 21
3.4 Non-Storm Water and Material Management Best Management Practices ..................................................... 21
3.5 Post-Construction Best Management Practices ................................................................................................. 22
3.6 Housekeeping Requirements ............................................................................................................................. 22
3.7 Non-Storm Water Management ........................................................................................................................ 24
3.8 Erosion Control .................................................................................................................................................. 24
3.9 Sediment Control ............................................................................................................................................... 24
3.10 Inspection, Maintenance & Repair .................................................................................................................... 24
3.11 Training .............................................................................................................................................................. 25
3.12 Inspection and Entry .......................................................................................................................................... 25
4.0 Construction Site Monitoring Program .................................................................................................. 26
4.1 Construction Site Monitoring Program (CSMP) ................................................................................................. 26
4.2 Visual Monitoring & Inspection ......................................................................................................................... 27
4.3 Non-Storm Water Discharge Monitoring ........................................................................................................... 28
4.4 Water Quality Sampling and Analysis ................................................................................................................ 28
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4.5 Construction Activity ......................................................................................................................................... 28
4.6 Quality Assurance and Quality Control .............................................................................................................. 29
4.7 Reporting Requirements and Records Retention .............................................................................................. 31
5.0 General Procedures and Requirements .................................................................................................. 31
5.1 SWPPP Availability and Implementation ........................................................................................................... 31
5.2 SWPPP Amendments ......................................................................................................................................... 32
5.1 Retention of Records ......................................................................................................................................... 32
5.2 Reporting Requirements .................................................................................................................................... 32
5.3 Required Non-Compliance Reporting ................................................................................................................ 33
5.4 Annual Report .................................................................................................................................................... 33
5.5 Changes to Permit Coverage .............................................................................................................................. 33
5.6 Notice of Termination ........................................................................................................................................ 33
APPENDIX A NPDES CONSTRUCTION GENERAL PERMIT ............................................................................. 36
APPENDIX B BMPS FROM THE 2009 CALIFORNIA CONSTRUCTION BMP HANDBOOK ......................... 37
APPENDIX C LIST OF POTENTIAL NON-VISIBLE POLLUTANTS ................................................................... 48
APPENDIX D SWPPP CONTRACTOR/SUBCONTRACTOR AGREEMENTS ................................................... 50
APPENDIX E CONTRACTOR/SUBCONTRACTOR INFORMATION .................................................................. 51
APPENDIX F SWPPP TRAINING LOG ................................................................................................................... 53
APPENDIX G SITE MAP EROSION CONTROL PLAN ......................................................................................... 55
APPENDIX H RISK LEVEL CALCULATIONS ....................................................................................................... 61
APPENDIX I CHAIN-OF-CUSTODY (COC) FORM ............................................................................................... 64
APPENDIX J SWPPP AMENDMENT(S) & LOG ............................................................................................................ 66
APPENDIX K CORRECTIVE ACTION LOG .................................................................................................................... 68
APPENDIX L SAMPLING LOG ................................................................................................................................ 75
APPENDIX M ANNUAL FEE STATEMENT AND RECIEPTS .............................................................................. 80
APPENDIX N CONSTRUCTION SITE MONITORING INSPECTION FORM ...................................................... 84
APPENDIX O RAIN EVENT ACTION PLAN .......................................................................................................... 91
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ACRONYMS
ASTM American Society of Testing and Materials
BAT Best Available Technology
BCT Best Conventional Pollutant Control Technology
BMP Best Management Practice
BPT Best Practicable Control Technology Currently Available
CFR Code of Federal Regulations
CGP Construction General Permit –
NPDES Construction General Permit for Storm Water Discharges associated with
Construction Activities
COC Chain of custody
COT City of Tehachapi
CSMP Construction Site Monitoring Program
CWA Clean Water Act of 1987
EPA Environment Protection Agency
LRP Legally Responsible Person
MS4 Municipal Storm Sewer System
NAL Numeric Action Levels
NEL Numeric Effluent Limitations
NOAA National Oceanic and Atmospheric Administration (www.noaa.gov)
NOI Notice of Intent
NOT Notice of Termination
NPDES National Pollution Discharge Elimination System
POC Pollutants of Concern
PoP Probability of Precipitation
PRD Permit Registration Documents
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
REAP Rain Event Action Plan
RUSLE Revised Universal Soil Loss Equation
RWQCB Regional Water Quality Control Board
SAP Sampling and Analysis Plan
SMARTS Storm water Multi- Application Report Tracking System
SWAMP Surface Water Ambient Monitoring Program
SWPPP Storm Water Pollution Prevention Plan
SWPPM Storm Water Pollution Prevention Manager
SWRCB State of California Water Resources Control Board
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LEGALLY RESPONSIBLE PERSON
Approval and Certification of the Stormwater Pollution Prevention Plan
Facility Name SLO Downtown Parking Structure
Waste Discharge Identification
(WDID): 565511
“I certify under penalty of law that this document and all Attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering the information, to the best of my knowledge and belief, the
information submitted is, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
_______________________________________
Legally Responsible Person/Organization Date
_______________________________________
Legally Responsible Person Date
____Brian Nelson________________________ 805-781-7113
Printed Name Phone
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QUALIFIED SWPPP DEVELOPER
This SWPPP was prepared under the direction of Daniel Parker-King, a Qualified SWPPP
Developer (QSD).
___________________________________________ 8/23/23
Daniel Parker-King, RCE, QSD/P Date
Mr. Parker-King possesses the following QSD qualifications per Section VII of the Construction
General Permit:
California Registered Civil Engineer, C74672, Expiration 12.31.23
QSD Certification Number C74672
Contact Information for questions or concerns:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546
This SWPPP conforms to the required elements of the Construction General Permit Order No.
2009-0009-DWQ and amendments Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ
issued by the State of California, State Water Resource Control Board. A QSD is required to
prepare any necessary SWPPP amendments or annual reports.
This SWPPP (including all inspections, amendments and reports) and the Construction General
Permit shall be maintained for three years from the date submitted. These records shall be
available at the construction site until construction is complete. When the original SWPPP is
retained by a crewmember in a construction vehicle and it is not currently at the construction
site, current copies of the BMPs and map/drawing will be left with the field crew and the original
SWPPP shall be made available via a request by radio/telephone.)
STORM WATER MULTI-APPLICATION AND REPORT TRACKING
SYSTEM
The Construction General Permit requires all dischargers to electronically file all Permit
Registration Documents (PRDs), Notices of Termination (NOT), changes of information (COI’s),
annual reporting, and other compliance documents required by the Construction General Permit
through the State Water Board’s Storm water Multi-Application and Report Tracking System
(SMARTS) website. SMARTS can be found at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
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1.0 SWPPP REQUIREMENTS
1.1 INTRODUCTION
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo.
This Stormwater Pollution Prevention Plan (SWPPP) is designed to comply with California’s
General Permit for Stormwater Discharges Associated with Industrial Activities (General Permit)
Order No. 2014-0057-DWQ (NPDES No. CAS000001) issued by the State Water Resources
Control Board (State Water Board). This SWPPP has been prepared following the SWPPP
Template provided on the California Stormwater Quality Association Stormwater Best
Management Practice Handbook Portal: Industrial and Commercial (CASQA 2014). In
accordance with the General Permit, Section X.A, this SWPPP contains the following required
elements:
· Facility Name and Contact Information
· Site Map
· Storm Water Pollution Prevention Plan
· Signed Certification Statement
· Annual Fee (Appendix M)
1.2 PERMIT REGISTRATION DOCUMENTS
Required Permit Registration Documents (PRDs) were submitted to the State Water Board via
the Stormwater Multi Application and Report Tracking System (SMARTS) by the Legally
Responsible Person (LRP), or authorized personnel (i.e., Approved Signatory) under the
direction of the LRP. To obtain coverage, the Edwards Construction Group must electronically
file Permit Registration Documents (PRDs) prior to the commencement of construction activity.
Failure to obtain coverage under the Construction General Permit for storm water discharges to
waters of the United States is a violation of the CWA and the California Water Code.
The project-specific PRDs include:
Notice of Intent (NOI)
Risk Assessment (Appendix H)
Site Map (Appendix G)
Storm Water Pollution Prevention Plan
Signed Certification Statement
Annual Fee (Appendix M)
The annual fee is required no later than seven days prior to the commencement of construction
activities. Permit coverage shall not commence until the annual fee and PRDs are received by
the State Water Board, and a Waste Discharger Identification (WDID) number is assigned and
sent by State Water Board Storm water Multi-Application and Report Tracking System
(SMARTS).
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1.3 SWPPP AVAILABILITY AND IMPLEMENTATION
The SWPPP is available on-site to all employees during all hours of operation (see Section 2.5
for the Operations Schedule), and will be made available upon request by a State or Municipal
inspector. The SWPPP will be implemented by August 1, 2023.
1.4 POLLUTION PREVENTION TEAM
Facility staff that have been designated as Pollution Prevention Team members are
listed below in Table 1.1., along with their responsibilities and duties. A list of alternate
team members is also provided, and these personnel will perform SWPPP activities
when regular members of the Pollution Prevention Team are absent or unavailable. This
table will be updated as needed when there are changes to staff and staff
responsibilities. All team members will be trained to perform the duties assigned to them.
Employee training logs are provided in Appendix C.
Table 1.1 Pollution Prevention Team
Name Title Phone Number Responsibilities and Duties
Daniel Parker-King QSP 805-550-8546 Inspection, Testing, Reporting
Jesse Kaltenberg QSP 805-250-2891 Inspection, Testing, Reporting
1.5 DULY AUTHORIZED REPRESENTATIVES
Duly Authorized Representative(s) who are responsible for SWPPP implementation and have
authority to sign PRDs [is/are] listed below in Table 1.2. Written authorizations from the LRP for
these individuals are provided in Appendix D.
Table 1.2 Duly Authorized Representatives
Name Title Phone Number
1.6 PERMITS AND GOVERNING DOCUMENTS
In addition to the General Permit, the following documents have been taken into account while
preparing this SWPPP:
· Regional Water Board requirements;
· Basin Plan requirements;
· TMDL Requirements;
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· Spill Prevention Control and Countermeasures Plan;
· Hazardous Material Business Plan;
· Hazardous Waste Regulations and Permits;
· Air Quality Regulations and Permits ; and
· Clean Water Act Section 401 Water Quality Certifications and 404 Permits.
1.7 SWPPP AMENDMENTS
This SWPPP will be amended or revised as needed. A list of amendments (Amendment Log) is
included in the front of this SWPPP (page 7), and amendment certifications are included in
Appendix E. The Amendment Log will include the date of initial preparation and the date of each
amendment. The SWPPP should be revised when:
· There is a General Permit violation;
· There is a reduction or increase in the total industrial area exposed to stormwater;
· BMPs do not meet the objectives of reducing or eliminating pollutants in stormwater
discharges;
· There is a change in industrial operations which may affect the discharge of pollutants to
surface waters, groundwater(s), or a municipal separate storm sewer system (MS4);
· There is a change to the parties responsible for implementing the SWPPP; or
· Otherwise deemed necessary by the QISP.
The following items will be included in each amendment:
· Who requested the amendment;
· The location of proposed change;
· The reason for change;
· The original BMP(s) proposed, if any; and
· The new BMP(s) proposed.
· Amendments will be logged at the front of the SWPPP and certification kept in Appendix
E.
The SWPPP text will be revised replaced, and/or hand annotated as necessary to properly
convey the amendment. SWPPP amendments must be certified and submitted by the LRP or
their designated Duly Authorized Representative via SMARTS within 30 days whenever the
SWPPP contains significant revisions. With the exception of significant revisions, SWPPP
changes will be certified and uploaded to SMARTS once every three (3) months in the reporting
year.
1.8 RETENTION OF RECORDS
Paper or electronic records of documents required by this SWPPP will be retained for a
minimum of five (5) years from the date generated or date submitted, whichever is later, for the
following items:
· Employee Training Records;
· BMP Implementation Records;
· Spill and Clean-up Related Records;
· Records of Sampling and Analysis Information
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• The date, exact location, and time of sampling or measurement;
• The date(s) analyses were performed;
• The individual(s) that performed the analyses;
• The analytical techniques or methods used; and
• The results of such analyses;
· Records of Visual Observations
• The date
• The industrial areas/drainage areas of the facility observed during the inspection
(Location);
• The approximate time of the observation;
• Presence and probable source of observed pollutants; and
• Name of the individual(s) that conducted the observations;
• Response to the observations including identification of SWPPP revisions if needed.
• Level 1 ERA Reports;
• Level 2 ERA Action Plan;
• Level 2 ERA Technical Report; and
• Annual Reports from SMARTS (checklist and any explanations).
1.9 EXCEEDANCE RESPONSE ACTIONS (ERA’S)
If a General Permit NAL exceedance occurs in a given reporting year, a Level 1 ERA Evaluation
and a Level 1 ERA Report will be required in the following year, or, if in a subsequent year, a
Level 2 ERA Action Plan and a Level 2 ERA Report will be required in accordance with the
General Permit. The results of either of the ERA reports may require that the SWPPP be
amended.
1.10 ANNUAL COMPREHENSIVE FACILITY COMPLIANCE
EVALUATION
The General Permit (Section XV) requires the Discharger to conduct one Annual
Comprehensive Facility Compliance Evaluation (Annual Evaluation) for each reporting year
(July 1 to June 30). Annual Evaluations will be conducted at least eight (8) months and not more
than sixteen (16) months after the previous Annual Evaluation. The planned window for
conducting the Annual Evaluation is between April and June of each year. The SWPPP will be
revised, as appropriate based on the results of the Annual Evaluation, and the revisions will be
implemented within 90 days of the Annual Evaluation.
At a minimum, Annual Evaluations will consist of:
· A review of all sampling, visual observation, and inspection and monitoring records and
sampling and analysis results conducted during the previous reporting year;
· A visual inspection of all areas of industrial activity and associated potential pollutant
sources for evidence of, or the potential for, pollutants entering the stormwater
conveyance system;
· A visual inspection of all drainage areas previously identified as having no exposure to
industrial activities and materials in accordance with the definitions in Section XVII;
· A visual inspection of equipment needed to implement the BMPs;
· A visual inspection of any BMPs;
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· A review and effectiveness assessment of all BMPs for each area of industrial activity
and associated potential pollutant sources to determine if the BMPs are properly
designed, implemented, and are effective in reducing and preventing pollutants in
industrial stormwater discharges and authorized NSWDs; and
· An assessment of any other factors needed to comply with the Annual Reporting
requirements in General Permit Section XVI.B.
1.11 ANNUAL REPORT
The Annual Report will be prepared, certified, and electronically submitted no later than July
15th following each reporting year using the standardized format and checklists in SMARTS
based on the reporting requirements identified in Section XVI of the General Permit. Annual
reports will be submitted in SMARTS and in accordance with information required by the on- line
forms.
1.12 TERMINATION AND CHANGES TO GENERAL PERMIT
COVERAGE
When any of the following conditions occur, termination of coverage under the General Permit
will be requested by certifying and submitting a Notice of Termination (NOT) via SMARTS:
· Operation of the facility has been transferred to another entity;
· The facility has ceased operations, completed closure activities, and removed all
industrial related pollutant generating sources;
· The facility’s operations have changed and are no longer subject to the General Permit.
The SWPPP and all of the provisions of the General Permit will be complied with until a valid
NOT is received and accepted by the Board.
If ownership changes, the new owner of the facility will be notified of the General Permit and
regulatory requirements for permit coverage.
2.0 FACILITY INFORMATION
2.1 FACILITY DESCRIPTION
2.1.1 Facility Location
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo, and is located within
Section 26, Township 30S, Range 12E.
These phase 1b site preparation plans consist of tree protection, demolition and clearing. Phase
2 (under separate cover) includes on-site rough grading, temporary and permanent shoring,
improvements, buildings, precise grading, landscape, and associated frontage improvements.
The general construction activities to be performed at the Project Site may include, but are not
limited to the following:
· Demolition of existing structure
· Demolition of existing underground utilities (Sewer, Water, Electric, etc…)
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· Tree removal
· Site grading
· Washout Areas
· Construction entrance/exit
Figure 2.1: Vicinity Map
Figure 2.2: Site Map
2.1.2 Existing Conditions
The existing site consists of four structures, a garage, a parking lot, trees, minor landscaping
and associated utilities. Most of the site slopes gently to the west towards the corner of Pismo
and Nipomo St. The southwest corner of the property slopes towards the corner of Monterey
and Nipomo. At the time of this report, all structures and paving have been removed.
Existing sources of contamination at the site include:
· Contaminated Soil
· Erosion and Sediment from stormwater runoff
· Hydrocarbons from vehicular parking
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· Existing utilities (sewer)
· Dewatering
Figure 2.3: Existing Conditions (Pre demolition)
2.1.3 Description of Drainage Areas and Existing Drainage
The site is divided into two drainage areas ranging from 5%-10%. Drainage area A1 (44,900
SF) flows to the northwest, while drainage area B1 (13,700 SF) flows to the south and
southwest. Offsite drainage is received from area A2 (13,692 SF), flowing into area A1. Area
A2 previously contained an apartment and home but they have been removed. The elevations
of the project ranges from 188 to 205 above mean sea level (msl). Stormwater is conveyed
through surface runoff, and flows off site into the city’s municipal stormwater system.
Demolition to occur as a part of this project will keep the drainage patterns relatively the same,
creating pervious area. The construction of a parking structure during the second phase will add
impervious areas. Drainage areas and their directions can be seen in Figure 4.
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Figure 2.4: Drainage Areas
The site is located within the Stenner Lake Watershed..
2.1.4 Developed Condition
Post demolition surface drainage will generally be directed as it has historically. Storm water
will flow offsite to the City of San Luis Obispo storm drain system, and ultimately to Brizziolari
Creek. Post construction drainage patterns and conveyance systems are presented on the
Improvement Plans.
2.2 PROJECT RISK LEVEL
This SWPPP utilized a Risk-Based Permitting Approach under the Construction General Permit (SWRCB
Order No. 2009-0009 DWQ), as set forth by the SWRCB and RWQCB.
There are two major steps to site planning and risk determination. The project’s overall risk is broken up
into two elements – (1) project sediment risk (the relative amount of sediment that can be discharged, given
the project and location details) and (2) receiving water risk (the risk sediment discharges pose to the
receiving waters)
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2.2.1 Project Sediment Risk:
Project Sediment Risk can be determined using two separate methods. Method 1 establishes sediment risk
based on the following Soil Loss Equation (RUSLE) to obtain an estimate of project-related bare ground
soil loss expressed in tons/acre. The RUSLE equation is as follows:
A = (R)(K)(LS)(C)(P)
Where:
A = the rate of sheet and rill erosion
R = rainfall-runoff erosivity factor
K = soil erodibility factor
LS = length-slope factor
C = cover factor (erosion controls) (taken as 1.0 to simulate bare ground)
P = management operations and support practices (sediment controls) (taken as 1.0 to simulate bare
ground)
Method 2 (also known as the “map option”) utilizes GIS maps where the product of K and LS are
predetermined (located below in Figure 2 and 3) and an online calculator for determining R factor for
determining soil loss. For this option, the R factor for the project is calculated using the online calculator
at https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites. To determine
soil loss in tons per acre, the discharger multiplies the R factor times the value for K times LS from the
map.
Figure 2.5. K Factor
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Figure 2.6. LS Factor Calculated Using Google Earth KML
Figure 2.7. R Value from EPA Website
Method 2 was utilized in this SWPPP. Using the SWRCB “Risk Assessment R-Factor Calculation
Notification” for the R factor with construction start dates of 11/13/23 and an end construction date of
2/13/2025, the R factor was determined to be 71.48. The K factor and LS factor were determined to be
0.24 and 1.25 respectively. Multiplying the above numbers together yields a Project Sediment Risk Factor
of 21.44 tons/acre. Since 21.44 tons/acre is greater than 15 tons/acre, the site can be classified as to having
a Medium Sediment Risk.
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2.2.2 Receiving Water Risk:
The project area can neither discharge (either directly or indirectly) to a 303(d)-listed waterbody impaired
by sediment nor to a waterbody with designated beneficial use. This project site has been classified as a
High Receiving Water Risk.
2.2.3 Combined Risk:
The Combined Risk Level Matrix table in the Construction General Permit Order No. 2009-0009-DWQ
(Appendix A) was utilized to determine the combined risk. Using this table, it was determined that the
Project Site is a Risk Level 2.
Table 1. Combined Risk Level Matrix
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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2.3 CONSTRUCTION SITE ESTIMATES
“Construction activities” refers to actions that result in a disturbance of the land, including
demolition, clearing, grading, excavating, vertical construction, landscaping and other similar
activities. It also includes “construction-related activities,” areas that support the construction
project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material
storage areas and equipment storage areas.
The following estimates are from the planned construction-related activities in the staging yard. More
specific information pertaining to the other proposed well pads can be found in their respective site map/
erosion control plans within Appendix G.
· Total project area: 1.2 acres
· Site area to be disturbed: 1.2 acres
• Percentage impervious area before and after demolition: 67% and 100%
• Runoff coefficient before and after construction: NIC
2.4 CONSTRUCTION SCHEDULE
• Grading Utilities & Vertical Construction 11/13/2023 to 2/13/2025
2.5 IDENTIFICATION OF POTENTIAL POLLUTANT SOURCE
The pollutant of greatest concern on most construction sites is sediment which may become detached during
construction related activities. Non-visible pollutants may be attached to the soils and run-off the site,
potentially polluting the receiving body of water. Pollutant sources include, but are not limited to the
following:
a. Disturbances caused by demolition, clearing, grading and excavation activities related to site
preparation.
b. Storm-related precipitation
c. Dust control through water spraying
d. Leaks from equipment and/or portable toilets
e. Wash out and maintenance areas
f. Transporting of concrete and/ or asphalt materials
g. Transporting of construction materials and fuels
h. Flushing of water lines
i. Vehicle fluids
j. Cement materials
k. Raw landscape materials
l. General litter
m. PVC pipe
n. RCP pipe
For a list of potential non-visible pollutants, refer to Appendix C: List of Potential Non-visible Pollutants
& Pollutant Testing Guidance Table.
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3.0 BEST MANAGEMENT PRACTICES
3.1 CONTRACTOR INFORMATION
Appendix E includes the names and contact information of the Storm Water Pollution Prevention Plan
Manager (SWPPPM) and a list of names of all contractors, subcontractors, and individuals who will be
directed by the SWPPPM. This list shall include telephone numbers and work addresses. Specific areas of
responsibility of each subcontractor and emergency contact numbers shall also be included.
The discharger shall ensure that all BMPs required by the Construction General Permit are implemented by
a Qualified SWPPPM. The SWPPPM shall be a person responsible for non-storm water and storm water
visual observations, sampling and analysis and shall have primary responsibility and significant authority
for the implementation, maintenance, inspection of the site to ensure full compliance with the SWPPP and
the Permit.
Best Management Practices (BMPs) were chosen for this project to reduce or eliminate pollutants in storm
water discharge, and to comply with the Provisions of Attachment D of the General Order (Risk Level 2
Requirements) as well as those in the Construction General Permit Order. BMPs are shown in the erosion
and sediment control plan provided in Appendix B.
The Construction General Permit Order requires:
Dischargers minimize or prevent pollutants in storm water discharges and authorized non-storm water
discharges through the use of controls, structures, and management practices that achieve Best Available
Technology Economically Achievable (BAT) for toxic and non-conventional pollutants and Best
Conventional Pollutant Control Technology (BCT) for conventional pollutants.
Storm water discharges and authorized non-storm water discharges regulated by the Construction General
Permit not contain a hazardous substance equal to or in excess of reportable quantities established in 40
C.F.R. §§ 117.3 and 302.4, unless a separate NPDES Permit has been issued to regulate those discharges.
As a Risk Level 2 discharger this project is subject to Numeric Action Levels (NALs) for pH and turbidity
as described in Section 4.5.
3.2 BMP INSTALLATION SCHEDULE
The Contractor is responsible for ensuring that appropriate BMPs are in place during the operations
requiring the BMPs. Below is a schedule intended to provide the minimum BMPs necessary during each
phase of the contractor’s operation. Additional BMPs may be necessary. Some BMPs installed early in the
project shall remain in place upon completion of the project, while others must be removed prior to the
completion of the project. Appendix B provides BMP Fact Sheets on design and implementation guidelines
for each BMP. Those identified by “*” should only be implemented when applicable.
The following BMPs shall be installed / utilized prior to clearing and grubbing operations:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
SE-7 Street Sweeping and Vacuuming
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NS-9 Vehicle and Equipment Fueling
NS-10 Vehicle & Equipment Maintenance
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-9 Sanitary/Septic Waste Management
The following BMPs shall be installed / utilized during grading/mobilization operations:
WE-1 Wind Erosion Control
TC-1 Stabilized Construction Entrance/Exit
NS-1 Water Conservation Practices
SE-1 Silt Fences
SE-5 Fiber Rolls
The following BMPs shall be installed / utilized upon completion of drainage work: (NOT IN CONTRACT)
EC-9 Drainage Swales
The following BMPs shall be installed / utilized during vertical construction: (NOT IN CONTRACT)
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
The following BMPs may be utilized during utility operations: (NOT IN CONTRACT)
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
All BMPs, except those designated as post-construction BMPs in Section 3.5, are to be removed prior to
contract acceptance.
It is not anticipated that this project will necessitate the stockpiling of materials. However, if materials are
stockpile on-site and the stockpiles are inactive (not scheduled to be re-disturbed for at least 14 days), then
the stockpiled areas shall be covered and a berm placed around the materials in accordance with WM-3
“Stockpile Management.”
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3.3 EROSION & SEDIMENT CONTROL BEST MANAGEMENT
PRACTICES
Appendix B provides BMP Fact Sheets on design and implementation guidelines for each BMP to reduce
or eliminate pollutants in storm water discharges. All BMPs are required to be implemented.
The following BMPs are to be incorporated into this SWPPP:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
EC-8 Wood Mulching
EC-16 Non-Vegetative Stabilization
SE-1 Silt Fences
SE-5 Fiber Rolls
SE-7 Street Sweeping and Vacuuming
SE-10 Storm Drain Inlet Protection
TC-1 Stabilized Construction Entrance/Exit
TC-3 Entrance/Outlet Tire Wash
WE-1 Wind Erosion Control
WM-9 Sanitary/Septic Waste Management
3.4 NON-STORM WATER AND MATERIAL MANAGEMENT BEST
MANAGEMENT PRACTICES
Non-storm water discharges may contribute significant pollutant loads to receiving waters. Measures to
control spills, leakage, and dumping, and to prevent illicit connections during construction must be
addressed through structural as well as non-structural Best Management Practices (BMPs).
BMPs are designated in this SWPPP to prevent non-storm water discharges. All BMPs are required to be
implemented. Those identified by “*” should only be implemented when applicable.
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
NS-3 Paving and Grinding Operations
NS-7 Potable Water/Irrigation
NS-8 Vehicle and Equipment Cleaning
NS-9 Vehicle and Equipment Fueling
WM-1 Material Delivery/Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management
WM-10 Liquid Waste Management
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Vehicle and Equipment Cleaning is prohibited from occurring on-site. Fueling and maintenance of
equipment and vehicles shall take place in designated areas only. Materials storage on–site will be
minimized.
3.5 POST-CONSTRUCTION BEST MANAGEMENT PRACTICES
This SWPPP contains Post-Construction BMPs, which are designated to reduce or eliminate pollutants after
construction is completed. BMPs serving dual purpose roles (construction and post-construction protection)
include:
EC-6 Straw Mulch/Hydroseed/Tackifier/Soil Amendment
EC-7 Geotextiles & Mats
EC-9 Drainage Swales
EC-10 Velocity Dissipation Devices
3.6 HOUSEKEEPING REQUIREMENTS
All Risk Level 2 dischargers are required to adhere to the minimum housekeeping requirements as specified
in Attachment C of the Construction General Permit. They include, but are not limited to:
Construction Materials:
Risk Level 2 dischargers shall implement good site management measures for construction
materials that could potentially be a threat to the water quality if discharged. They include:
· Conduct an inventory of products to be used.
· Cover and berm loose stockpiled construction material that are not actively being used.
· Store Chemicals in watertight containers (with appropriate secondary containment to prevent any
spillage or leakage) or in a storage shed.
· Minimize exposure of construction materials to precipitation.
· Implement BMPs to prevent the off-site tracking of loose construction and landscape materials.
Waste Management:
Risk Level 2 dischargers shall implement good housekeeping for waste management. They include,
but are not limited to:
· Prevent disposal of any rinse or wash waters or materials on impervious or pervious site surfaces
or into the storm drain system.
· Ensure containment of sanitation facilities.
· Clean or replace sanitation facilities and inspect them for leaks regularly.
· Cover waste disposal containers at the end of every business day and during rain events.
· Prevent discharges from disposal containers to the drainage system or receiving water.
· Contain and protect stockpile waste from wind or rain, unless actively being used.
· Implement procedures that effectively address hazardous and non-hazardous spills.
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· Develop a spill response plan.
· Ensure containment of concrete washout areas and other washout areas that may contain pollutants.
There shall be no discharge to the underlying soil.
Vehicle Storage and Maintenance:
Risk Level 2 dischargers shall implement good housekeeping for vehicle storage and maintenance.
They include, but are not limited to:
· Prevent oil, grease or fuel to leak in to the ground, storm drains or surface waters.
· Place all equipment or vehicles, which are to be fueled, maintained and stored in a designated area
fitted with appropriate BMPs.
· Clean leaks immediately, and dispose of material properly.
Landscape Materials:
Risk Level 2 dischargers shall implement good housekeeping for landscape materials. They
include, but are not limited to:
· Contain stockpiled materials when they are not actively being used.
· Contain fertilizers when they are not actively being used.
· Discontinue the application of erodible landscape materials within 2 days before a forecast rain
event or during periods of precipitation.
· Apply erodible landscape materials according to the manufacture recommendations.
· Stack erodible landscaped materials on pallets and covering or storing such materials when not
being used or applied.
Potential Pollutant Sources:
Risk Level 2 dischargers shall conduct an assessment and create a list of potential pollutant sources
(see Appendix C) and identify any areas of the site where additional BMPs are necessary to reduce
or prevent pollutants in storm water discharges and authorized non-storm water discharges. When
developing BMPs, Risk Level 2 dischargers shall do the following:
· Consider the quantity, physical characteristics (e.g., liquid, powder, solid), and locations of each
potential pollutant source handled, produced, stored recycled, or disposed of at the site.
· Consider the degree to which pollutants associated with those materials may be exposed to and
mobilized by contact with storm water
· Consider the direct and indirect pathways that pollutants may be exposed to storm water or
authorized non-storm water discharges. This shall include an assessment of past spills or leaks,
non-storm water discharges, and discharges form adjoining areas.
· Ensure retention of sampling, visual observations, and inspection records.
· Ensure effectiveness of existing BMPs to reduce or prevent pollutants in storm water discharges
and authorized non-storm water discharges.
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3.7 NON-STORM WATER MANAGEMENT
Risk Level 2 dischargers shall implement measure to control all non-storm water discharges during
construction. Non-storm water discharges are any discharges not directly associated with a rain even. Non-
storm water discharges can include but are not limited to leaks from equipment or vehicles, flushing of
water lines or washing of equipment. Risk Level 2 requirements include:
· Dischargers shall implement measures to control all non-storm water discharges during
construction.
· Dischargers shall wash vehicles in such a manner as to prevent pollutants from entering surface
waters.
· Streets shall be cleaned in such a manner as to prevent unauthorized non-storm water discharges
from reaching surface waters or the storm drain system.
3.8 EROSION CONTROL
The primary pollutant identified during construction is sediment. Erosion and sedimentation controls will
be implemented as necessary along the boundaries of the construction areas within the Project Site to
minimize, as necessary, the amount of sediment transported off-site by storm water runoff. These control
measures will be put in place as needed at the onset of construction activities and will remain in place (as
needed) during construction and through periods of inactivity. Dischargers shall provide effective soil
cover for inactive areas. Descriptions and diagrams of the BMPs are included in Appendix B.
All disturbed areas shall provide effective soil cover for inactive areas and all finished slopes, open space,
utility backfill and completed lots.
All disturbed areas of the construction Project Site will be stabilized in a manner similar to its original
condition. Both temporary (water trucks) and permanent measures will also be applied to control dust
generation. Final stabilization will need to be completed prior to submitting a Notice of Termination (NOT).
3.9 SEDIMENT CONTROL
Dischargers shall establish and maintain effective perimeter controls. Silt barriers consisting of silt fences,
fiber rolls, sandbags, hay bales, and/or berms will be set up around the construction site as necessary so that
sediment will not be discharged off-site. Sedimentation control will be in place and maintained on all
disturbed areas during the rainy season. Sediment control BMPs will be implemented as needed.
Construction sites that require silt barriers around them are sites where the ground surface has been
disturbed by construction activities such as grading and /or excavation. Sediment buildup along silt barriers
will be monitored and removed as necessary. Removed sediment will be deposited in an area that will not
allow sediment to be discharged off-site. All loose soil and debris, which may create a potential hazard,
will be hauled offsite and disposed of at an approved location. All construction entrances and exits shall
be stabilized to sufficiently control sediment discharge from the site.
3.10 INSPECTION, MAINTENANCE & REPAIR
All storm water control measures shall be properly maintained at regular intervals by trained personnel
consistent with Project Site operational maintenance schedules. Inspections will be performed by a QSP
or someone under his direction weekly, before, during, after qualifying storm events (0.5 inches per storm
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event), and once each 24-hour period during extended storm events during business. These inspections will
be conducted to identify BMP effectiveness. If any structural defects are observed interfering with design
performance of BMPs, repairs or design changes will be implemented by the SWPPM within 72 hours.
3.11 TRAINING
The SWPPM is responsible for training project personnel on the following topics:
· Erosion Control BMPs
· Sediment Control BMPs
· Non-Storm Water BMPs
· Waste Management and Materials Pollution Control BMPs
· Emergency Procedures specific to the construction site storm water management
Inspections will be conducted by a QSP. A QSP may train individuals to conduct the inspections, and
collect storm water samples for non-visible pollutants. Trained individuals will also have received training
and have experience with respect to erosion control methods, either through scholastic institutions, previous
job experiences, or through workshops conducted by recognized regulatory agencies or professional
organizations.
Training records (Appendix F) will document attendees, the subjects covered and the date of training.
Training logs/records are to be recorded and stored with the rest of the record materials
· To ensure that the preparation, implementation, and oversight of the SWPPP is sufficient for
effective pollution prevention, Section II, Part H of the Construction General Permit specifies that
the Qualified SWPPP Developer and Qualified SWPPP Practitioners responsible for creating,
revising, overseeing, and implementing the SWPPP must attend a State Water Board sponsored or
approved QSD and QSP training course.
·
3.12 INSPECTION AND ENTRY
The discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, and/or, in the case of
construction sites which discharge through a municipal separate storm sewer, an authorized representative
of the municipal operator of the separate storm sewer system receiving the discharge, upon the presentation
of credentials and other documents as may be required by law, to:
· Enter upon the discharger’s premises at reasonable times where a regulated construction activity is
being conducted or where records must be kept under the conditions of the Construction General
Permit;
· Access and copy at reasonable times any records that must be kept under the conditions of the
Construction General Permit;
· Inspect at reasonable times the complete construction site, including any off-site staging areas or
material storage areas, and the erosion/sediment controls; and
· Sample or monitor at reasonable times for the purpose of ensuring Construction General Permit
compliance.
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4.0 CONSTRUCTION SITE MONITORING PROGRAM
4.1 CONSTRUCTION SITE MONITORING PROGRAM (CSMP)
The Construction General Permit requires the following types of monitoring for Risk Level 2 projects:
· Visual inspections of Best Management Practices (BMPs);
· Visual monitoring of the site related to qualifying storm events;
· Visual monitoring of the site for non-storm water discharges;
· Sampling and analysis of construction site runoff;
· Sampling and analysis of non-storm water discharges;
Storm event monitoring should be conducted during business hours; and when the National Oceanographic
and Atmospheric Administration (NOAA) (http://www.srh.noaa.gov/forecast) forecasts a rain event with a
50% or greater probability of producing a ½ inch or more of rain.
Table 4.1: Summary of Risk Level 2 Monitoring
Type of Monitoring
What
When
Location
Visual Inspection
BMP Presence and
effectiveness of all BMPs
Weekly and
Every 24 hours during an
extended storm event.
Overall site
Stormwater
Pre-storm All drainage areas and
BMPs.
Within 2 business days before
each qualifying storm event.
Overall site
Post-storm All drainage areas and
BMPs.
Within 2 business days after each
qualifying storm event.
Overall site
Non-storm water Operations and BMPs
identified in Section 3.4
Quarterly Staging areas
Sampling & Analysis
Storm water runoff
(effluent)
pH and turbidity of storm
water runoff
representative of site.
Within 2 business days of each
qualifying storm event, and at a
minimum 3 samples per day.
Perimeter of site
BMP failure/spill
(non-visible)
Runoff affected and not
affected by the
discharge/spill. Use
Appendix C as a guide.
Within first 2 hours of discharge
from site.
Perimeter of site
Non-storm water Operations and BMPs
identified in Section 3.4
If non-storm water is discharged
off site.
Perimeter of site
Rain events and resulting monitoring periods should be separated into qualifying rain events. A qualifying
rain event is defined as any event producing precipitation of ½ inch or more within a 48 hour or greater
period.
Monitoring locations provide clear views of BMPs, disturbed areas and extend through the entire site.
Dischargers must maintain on-site records of all visual observations, personnel performing the
observations, observation dates, weather conditions, locations observed, and corrective actions taken in
response to the observations. The Construction Site Monitoring Inspection Form (Appendix N) should be
used to track all monitoring activities.
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Figure 4.1 Overview of Monitoring Locations
4.2 VISUAL MONITORING & INSPECTION
All storm water monitoring must be completed within two (2) business days of each qualifying rain event
at identified locations. Appendix G shows the monitoring locations.
BMP Inspection
The purpose of these inspections is to identify BMPs that:
· Need maintenance to operate effectively;
· Failed; or
· Could fail to operate as intended.
If deficiencies are identified during BMP inspections, repairs or design changes to BMPs must be initiated
within 72 hours of identification and need to be completed as soon as possible. All BMP inspections must
be documented on a Construction Site Monitoring Inspection Form (Appendix N).
Storm Water Inspection
Dischargers must conduct a pre-storm event inspection of:
· All storm water drainage areas to identify and resolve prior to the storm event, any spills, leaks, or
uncontrolled pollutant sources
· All BMPs to identify proper implementation
· Any storm water storage and containment areas to detect and remedy leaks if found
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Dischargers must conduct a post-storm event inspection within two business days (48 hours) to identify
whether:
· BMPs were adequately designed, implemented, and effective, and
· If any additional BMPs necessary (and amend the SWPPP accordingly).
4.3 NON-STORM WATER DISCHARGE MONITORING
Quarterly non-storm water discharge monitoring will include the visual inspection of each drainage area
during daylight hours for the presence of non-storm water discharges and their sources in July – September,
October – December, January – March, and April – June quarters. If non-storm water is discharged off site,
the effluent must be sampled. Quarterly monitoring should be recorded on Construction Site Monitoring
Inspection Form in Appendix N.
Potential non-storm water discharges within this project include:
· Grading and Land Development
· Site Stabilization
· Vehicle and equipment cleaning, fueling and maintenance
· Sanitary/Septic waste facilities
· Concrete wash out areas
· Contaminated Soils
Quarterly inspections need to include each drainage area of the project and document:
· Presence or indications of unauthorized and authorized non-storm water discharges and their
sources
· Pollutant characteristics of the non-storm water discharge (floating and suspended material sheen,
discoloration, turbidity, odor, etc.)
· Personnel performing the observations
· Dates and approximate time each drainage area and non-storm water discharge was observed
· Response taken to observations
4.4 WATER QUALITY SAMPLING AND ANALYSIS
The project is required to collect samples of:
· runoff for non-visible pollutants in the event of a BMP failure, breach or spill
· non-storm water discharge
Sampling personnel will collect storm water grab samples at discharge locations according to procedures
outlined in Section 4.6 Quality Assurance and Quality Control. Appendix G shows the monitoring locations
for all monitoring. Appendix L contains the Sampling Activity Log.
Sampling is not required outside of scheduled business hours or under dangerous conditions. An
explanation of why samples were not taken will be included with on-site inspection documents.
4.5 CONSTRUCTION ACTIVITY
Non-Visible Pollutant Sampling
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If there is a breach, spill or BMP failure, runoff affected by the non-visible pollutants will be sampled within
the first two hours of discharge. It is important to note that covered construction materials or those that are
in their final constructed form, do not need to be monitored. Materials that are stored exposed to
precipitation and may generate runoff need to be considered for non-visible pollutant monitoring. Appendix
C provides further guidance.
Non-Stormwater Sampling
If non-storm water is discharged off site, the effluent must be sampled. All non-storm water sample analyses
should be conducted by a state certified laboratory.
4.6 QUALITY ASSURANCE AND QUALITY CONTROL
The QSP is responsible for non-storm water and storm water visual observations, sampling and analysis,
and for ensuring full compliance with the permit and implementation of all elements of the SWPPP.
Prior to the rainy season, all sampling personnel and alternates will review the Monitoring Plan.
Qualifications of designated personnel describing environmental sampling training and experience are
provided in Appendix F. Sampling personnel will be designated and trained to collect, maintain and ship
samples in accordance with the Surface Water Ambient Monitoring Program’s (SWAMP) 2008 Quality
Assurance Program Plan (QAPP)
(http://www.swrcb.ca.gov/water_issues/programs/swamp/tools.shtml#qa).
Supplies and Storage
An adequate stock of supplies and equipment for non-visible pollutants will be available on the project site
or provided by the approved laboratory (Appendix I) prior to a sampling event.
Monitoring supplies and equipment will be stored in a cool-temperature environment that will not come
into contact with rain or direct sunlight. Sampling personnel will be available to collect samples in
accordance with the sampling schedule.
Supplies maintained at the project site will include, but will not be limited to, surgical gloves, sample
collection equipment, coolers, appropriate number and volume of sample bottles, identification labels, re-
sealable storage bags, paper towels, personal rain gear, ice, Sampling Activity Log forms (Appendix L),
and Chain of Custody (COC) forms (Appendix I).
Sample Collection and Handling Procedures
All sampling and sample preservation must be in accordance with the current edition of Standard Methods
for the Examination of Water and Wastewater (American Public Health Association).
To maintain sample integrity and prevent cross-contamination, sampling collection personnel will:
· Wear a clean pair of surgical gloves prior to the collection and handling of each sample at each
location.
· Not contaminate the inside of the sample bottle by not allowing it to come into contact with any
material other than the water sample.
· Discard sample bottles or sample lids that have been dropped onto the ground prior to sample
collection.
· Not leave the cooler lid open for an extended period of time once samples are placed inside.
· Not touch the exposed end of a sampling tube, if applicable.
· Avoid allowing rainwater to drip from rain gear or other surfaces into sample bottles.
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· Not eat, smoke, or drink during sample collection.
· Not sneeze or cough in the direction of an open sample bottle.
· Minimize the exposure of the samples to direct sunlight, as sunlight may cause biochemical
transformation of the sample to take place.
· Decontaminate sampling equipment prior to sample collection using a TSP-soapy water wash,
distilled water rinse, and final rinse with distilled water.
· Dispose of decontamination water/soaps appropriately; i.e., not discharge to the storm drain system
or receiving water.
Any samples provided to a lab will be provided within 48 hours and use only the sample bottle provided by
the lab (Appendix I).
For an initial verification of laboratory or field analysis, duplicate samples will be collected at a rate of 10
percent or 1 duplicate per sampling event. The duplicate sample will be collected, handled, and analyzed
using the same protocols as primary samples, and will be collected where contaminants are likely, and not
on the upstream sample. A duplicate sample will be collected immediately after the primary sample has
been collected. Duplicate samples will not influence any evaluations or conclusions; however, they will be
used as a check on laboratory quality assurance.
Non-Visible Pollutants
The Contractor shall notify the QSP if non-visible pollutants are expected.
Sample Documentation Procedures
All original data documented on sample bottle identification labels, Chain of Custody forms (Appendix I),
Sampling Activity Logs (Appendix L), and Construction Site Monitoring Inspection Form (Appendix N)
will be recorded using waterproof ink. These will be considered accountable documents. If an error is made
on an accountable document, the individual will make corrections by lining through the error and entering
the correct information. The erroneous information will not be obliterated. All corrections will be initialed
and dated. Copies of the Construction Site Monitoring Inspection Form are provided in Appendix N.
Sampling and field analysis activities will be documented using the following:
• Sample Bottle Identification Labels: Sampling personnel will attach an identification label to
each sample bottle. At a minimum, the following information will be recorded on the label, as
appropriate…
· Project name
• Project number
• Unique sample identification number and location.
[Project Number]-[Six digit sample collection date]-[Location]
(Example: 0G5304-081801-Upstream).
Quality assurance/quality control (QA/QC) samples shall be identified similarly
using a unique sample number or designation
(Example: 0G5304-081801-DUP1)
· Collection date/time (No time applied to QA/QC samples)
· Analysis constituent
• Sampling Activity Logs: A log of sampling events will identify…
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o Sampling date
· Separate times for sample collection of upstream, downstream, run-on, and QA/QC samples recorded
to the nearest minute
· Unique sample identification number and location
· Analysis constituent
· Names of sampling personnel
· Weather conditions (including precipitation amount)
· Field analysis results
· Other pertinent data
· Chain of Custody (COC) forms (Appendix I): All samples to be analyzed by a laboratory will
be accompanied by a COC form provided by the laboratory. Only the sample collectors will sign
the COC form over to the lab. COC procedures will be strictly adhered to for QA/QC purposes.
· Storm Water Quality Sampling Log (Appendix L): When applicable, the
Contractor’s storm water inspector will document in the log that samples for sedimentation/siltation
and/or turbidity were taken during a rain event.
4.7 REPORTING REQUIREMENTS AND RECORDS RETENTION
Records of all monitoring inspections are required to remain onsite during the construction period and for
a minimum of three years.
Records shall include the following items:
· The date, place, and time of facility inspections, sampling, visual observations (inspections),
and/or measurements, including precipitation;
· The individual(s) who performed the facility inspections, sampling, visual observation
(inspections), and/or measurements;
· The date and approximate time of analyses;
· The individual(s) who performed the analyses;
· A summary of all analytical results from the last three years, the method detection limits and
reporting limits, and the analytical techniques or methods used;
· Rain gauge readings from site inspections;
· QA/QC records and results;
· Non-storm water discharge inspections and visual observations (inspections) and storm water
discharge visual observation records;
· Visual observation and sample collection exemption records (Appendix O); and
· The records of any corrective actions and follow-up activities that resulted from analytical
results, visual observations (inspections), or inspections (Appendix K).
Most reporting will occur in the Annual Report (Appendix P).
5.0 GENERAL PROCEDURES AND REQUIREMENTS
5.1 SWPPP AVAILABILITY AND IMPLEMENTATION
The General Construction Permit Section XIV.C requires the SWPPP be available at the construction site
during working hours while construction is occurring and shall be made available upon request by a State
or Municipal inspector. When the original SWPPP is retained by a crewmember in a construction vehicle
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and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with
the field crew and the original SWPPP shall be made available via a request by radio/telephone.
5.2 SWPPP AMENDMENTS
The General Construction Permit Section XIV.A requires that SWPPP be amended or revised by a QSD
and that the SWPPP include a listing of the date of initial preparation and the date of each amendment.
Amendments must be signed by a QSD. All amendments are to be dated, attached to the SWPPP and
logged in Appendix J.
This SWPPP should be amended if any BMP is not installed according to the site map or if a BMP is
changed due to ineffectiveness.
The following items shall be in each amendment:
1.0 Who requested the amendment
2.0 The location of the proposed change
3.0 The reason for the change
4.0 The original BMP proposed, if any
5.0 The new BMP
The amendments for this SWPPP, along with the required approval can be found in the SWPPP Amendment
Log located in Appendix J. Any amendment to the SWPPP must be approved by the QSD.
5.1 RETENTION OF RECORDS
The Construction General Permit Section I.J.69 and IV.G requires that all dischargers maintain a paper or
electronic copy of all required records for three years from the date generated or date submitted, whichever
is last. The records must be available at the construction site until construction is completed. The discharger
shall furnish the RWQCB, SWRCB, OR USEPA, within a reasonable time, any requested information to
determine compliance with the Construction General Permit.
The final SWPPP shall be maintained for the time period indicated.
5.2 REPORTING REQUIREMENTS
As per the Construction General Permit, a Legally Responsible Person must submit electronically all
project/permit related documents (also known as Permit Registration Documents, or PRDs) for new projects
commencing on or after July 1, 2010 prior to commencement of construction activities through the Storm
water Multi- Application Report Tracking System (SMARTS).
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5.3 REQUIRED NON-COMPLIANCE REPORTING
Dan Parker-King shall give advanced notice to the RWQCB of any changes in the construction-related
activity which may result in a non-compliance with the storm water requirement of the Construction
General Permit. Examples of non-compliance include, but are not limited to:
· Self-reporting of any discharge violations;
· Discharges which contain a hazardous substance.
5.4 ANNUAL REPORT
Hive Engineering. shall prepare and electronically submit an Annual Report via SMARTS no later than
September 1 of each year. Reporting requirements include:
· Sampling and analysis results including laboratory reports, analytical methods and reporting limits
and change of custody forms
· Corrective actions and compliance activities
· Violations of the Construction General Permit
· Date, time, place and name(s) of the inspector(s) for all sampling, inspections and field
measurements
· Visual observation and sample collections records
· Training Documentations
5.5 CHANGES TO PERMIT COVERAGE
The General Construction Permit Section II. C allows a permittee to reduce or increase the total acreage
covered under the Construction General Permit when:
· A portion of the project is complete
· When conditions for termination of coverage have been met
· When ownership of a portion of the project is sold to a different entity
· When new acreage is added to the project
5.6 NOTICE OF TERMINATION
The General Construction Permit Section II. D requires that within 90 days of when construction is
complete or ownership has been transferred, the discharger shall electronically file a Notice of Termination
(NOT), a final site map, and photos through the State Water Boards SMARTS system. Filing a NOT
certifies that all Construction General Permit requirements have been met. The NOT is submitted when
the construction project is complete and all Construction General Permit requirements for termination and
final stabilization have been met. These requirements include:
· The site will not pose any additional sediment discharge risk than it did prior to construction
activity.
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· All construction related equipment, materials and any temporary BMPs no longer needed are
removed from the site.
· Post-Construction storm water management measures are installed and a long-term maintenance
plan that is designed for a minimum of 5-years has been developed.
The NOT must demonstrate through photos, RUSLE results, or results of testing and analysis that the
project meets all of the requirements of
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Section II.D.1 of the Construction General Permit by one of the following methods:
· 70% final cover method (no computational proof required).
· RUSLE/RUSLE2 method (computational proof required).
· Custom Method
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APPENDIX A
NPDES CONSTRUCTION GENERAL PERMIT
For the complete construction general permit, see separate binder onsite.
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APPENDIX B
BMPS FROM THE CALIFORNIA CONSTRUCTION BMP HANDBOOK
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\
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APPENDIX C
LIST OF POTENTIAL NON-VISIBLE POLLUTANTS
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Construction Activities and Associated Pollutants
Phase Activity Associated Materials or
Pollutants Pollutant Category(1) Grading and Land Development Vehicle and equipment use · Equipment operation
· Equipment maintenance
· Equipment washing
· Equipment fueling
Oil and Grease
Soil preparation/amendments · Use of soil
additives/amendments
Nutrients
Demolition Phase Removal of existing structures · Demolition of asphalt,
concrete, masonry, framing,
roofing, metal structures.
Metals, Oil and Grease,
Synthetic Organics
Solid waste · Litter, trash and debris
· Vegetation
Gross Pollutants
Landscaping and Site Stabilization Phase Planting / Vegetation
Management
· Vegetation control
(pesticides/herbicides)
· Planting
· Plant maintenance
· Vegetation removal
Nutrients, Metals, Synthetic
Organics
(1) Categories per CASQA BMP Handbook (i.e., Sediment, Nutrients, Bacteria and Viruses, Oil and
Grease, Metals, Synthetic Organics, Pesticides, Gross Pollutants, and Vector Production)
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
50
APPENDIX D
SWPPP CONTRACTOR/SUBCONTRACTOR
AGREEMENTS
Agreements will be provided at a later date.
Page 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made this 26th day of
October, 2023 ("Effective Date"), by and between:
Swinerton Builders (“Contractor”)
2001 Clayton Road, 7th Floor
Concord, CA, 94520
Attn: Kevin Hermreck
Phone: (949) 622-7000
Email: KHermreck@swinerton.com
and
HIVE ENGINEERING (“Consultant”)
705 Fiero Ln, Suite 10
San Luis Obispo, CA, 93401
Attn: Dan Parker-King
Phone: (506) 386-4897
Email: dan@hiveengineering.us
For Consultant to perform work as described in Item B below for the following Project:
Project:
City of San Luis Obispo Cultural Arts District Parking Structure
609 Palm Street
San Luis Obispo,
CA, 93401
Owner:
CITY OF SAN LUIS OBISPO
919 PALM STREET
SAN LUIS OBISPO, CA, 93401
Architect:
WATRY DESIGN, INC.
2099 GATEWAY PLACE, SUITE 550
SAN JOSE, CA, 95110
NOW, THEREFORE, in consideration of these promises and of the mutual covenants herein, the
Parties hereto agree as follows:
No.: 23049042
PSA No.: 23049042-003
Phase Code: 015723
Vendor No.: 00033084
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ARTICLE 1 - PROJECT AND SCOPE OF SERVICES
(a) Except for modifications and change orders issued after execution of this Agreement, the “Contract
Documents,” consist of the following documents, all of which are either attached hereto as Attachments or
are hereby incorporated by this reference and made a part hereof as follows:
(1) This Professional Services Agreement, and the following Attachments:
Contract Summary 10/25/2023 ☒ Billing Procedures date
☒ Scope of Work 10/25/2023 ☐ date
(2) The Prime Contract No. , CITY OF SAN LUIS OBISPO, , any Amendments to the Prime
Contract, and all documents incorporated therein to the extent applicable to the Services
(“Prime Contract Documents”), and Consultant agrees to be bound and obligated to Contractor
to the fullest extent that Contractor is bound and obligated to the Owner
(b) Consultant agrees to perform for Contractor the Services described below including all things
necessary or incidental to the complete and proper performance of those services (“Services” or “Work”)
in accordance with this Agreement, and such Services are generally described as:
SWPPP Consulting
(Scope of Services continues on Contract Summary)
(c) Contractor agrees to pay Consultant for the proper performance of its services the sum of money
computed as follows:
(Check One)
A Lump Sum of $$23,025.00; or
As set forth in the Contract Summary.
(d) TIME IS OF THE ESSENCE. Consultant shall proceed with the performance of the Services in
a prompt and diligent manner, in accordance with Contractor's schedule which may be reasonably
amended from time to time. In Contractor’s sole discretion, it may specify Consultant’s performance
time or schedule therefore in the Contract Summary. Consultant’s failure to satisfactorily and timely
perform all Services may cause Contractor to suffer substantial damages (including but not limited to
actual, consequential and/or liquidated damages) and Consultant shall be liable to Contractor therefor.
(e) The Services shall be performed in strict accordance with the Contract Summary and the terms
herein, unless modifications thereto are reduced to writing and signed by authorized representatives of
both Contractor and Consultant. However, if requested by Contractor, Consultant shall within ten (10)
calendar days submit a reasonable price quotation for proposed changes and if accepted by Contractor in
writing, perform the changes without delay. Contractor shall have the right to issue a unilateral written
change order authorizing Consultant to proceed with performance of changed work. Consultant shall
proceed with changed work immediately upon receipt of a written change order signed by Contractor.
Consultant shall perform no changed work without written authorization from Contractor.
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(f) Contractor shall have the right to immediately suspend Consultant’s performance of Services
under this Agreement for any reason by giving written notice to Consultant.
(g) In the event of conflicts in the Contract Documents, the order of precedence, highest to lowest,
shall be as follows:
(1) All modifications and change orders;
(2) Agreement and Attachments; and
(3) The Prime Contract Documents.
In the event that there is an inconsistency or conflict among any of the provisions of the Agreement and the
obligations and duties arising therefrom, the provision imposing the most stringent obligation on the part
of the Consultant will control.
ARTICLE 2 - CONTRACTUAL RELATIONSHIP
In performing the Services, Consultant shall operate as, and have the status of, an independent contractor
and shall not act as or be an agent or employee of Contractor. As an independent contractor, Consultant
will be solely responsible for determining the means and methods for performing the Services.
ARTICLE 3 - STANDARDS FOR PERFORMANCE
Contractor enters into this Agreement with Consultant based on Consultant’s special skills and expertise.
Consultant agrees that Consultant will perform all Services in accordance with the highest standards of
care and practices, skill and diligence customarily observed by professional services firms sharing
Consultant’s special expertise in the region where the Project is located. Consultant will comply with all
applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any
government or quasi-government entity having jurisdiction over the Project, the Project Site or the
Services (the “Law”).
Consultant further agrees that the Services shall be free of defects in workmanship. Notwithstanding
Contractor’s acceptance of Consultant’s work, if the Services do not meet the standards specified herein
or otherwise applicable, Contractor may require Consultant to correct at no cost to Contractor any
defective or non-conforming Services. In addition, and in Contractor’s sole discretion, Contractor may
correct the defective or nonconforming Services itself and charge Consultant for the total cost of such
correction. The foregoing remedies are in addition to all other remedies at law or in equity or under this
Agreement and shall not be deemed to be exclusive.
ARTICLE 4 - COMPENSATION AND PAYMENT
(a) In consideration of the full, complete and proper performance of the Services by the Consultant in
accordance with the terms and provisions hereof, Contractor agrees to pay or cause to be paid to the
Consultant the compensation provided herein.
(b) Consultant understands that all payments to Consultant will be made only from a special fund and
a specific source, namely, from payments made by Owner from time to time to Contractor in respect of the
Services performed by Consultant. Contractor shall make payments to Consultant within ten (10) days after
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receipt by Contractor of payment from Owner for the Services of Consultant for which payment has been
made (or within such shorter period as may be required by law).
(c) In the event Contractor is not paid by Owner any sum claimed due to Consultant, then the timing
of Contractor’s obligation to pay shall, in addition to any other conditions set forth in this Agreement, be
subject to the following conditions:
(i) If Contractor does not pay Consultant sums claimed due under this Agreement as a result
of nonpayment by the Owner and such nonpayment is thereafter “finally adjudged” (as
hereafter defined) to have been caused by a breach by Contractor of the Prime Contract,
then Contractor shall pay to Consultant such sum as is due under this Agreement, inclusive
of and limited to simple interest thereon at the rate of 10% per annum accruing from the
date such sum was first due and owing to Consultant as set forth above. The term “finally
adjudged” as used in this Paragraph 4(d)(i) shall mean the date final judgment is entered in
any action between Contractor and Owner for disputes under the Prime Contract.
(ii) If Contractor does not pay Consultant sums claimed due under this Agreement as a result
of nonpayment by the Owner and such nonpayment is caused by the Owner’s insolvency,
bankruptcy, or lack of sufficient assets, or for reasons other than a breach by Contractor of
the Prime Contract as provided in Paragraph 4(d)(i) above, then Consultant’s right to
payment shall be conditioned upon the passage of such time as may be reasonable and
necessary for Contractor to fully exercise and exhaust to final judgment its legal, extra
judicial and appellate rights and remedies for collection of sums unpaid by Owner, together
with the passage of such additional time as reasonably necessary for execution and
collection by Contractor of any final judgment entered in its favor. Simple interest only on
such sums as are due to Consultant under this Paragraph 4(d)(ii) shall accrue and be payable
to Consultant at the rate of 10% per annum commencing from the expiration of the
reasonable time reserved to Contractor in this Paragraph 4(d)(ii) for recovery and collection
from Owner.
(iii) Consultant agrees to preserve and maintain any lien claims it may have, whether
mechanic’s, construction or materialmen’s lien claims, as well as bond and stop notice
rights, all to the extent any such exist with respect to the Project, and to exercise and
exhaust those rights in the event that Contractor does not pay Consultant sums due under
this Agreement as a result of payment default on the part of the Owner under the Prime
Contract. Nothing contained herein shall be interpreted as releasing or waiving any
statutory mechanic’s, construction, and materialmen’s lien, bond or stop notice right
reserved to Consultant under the law; provided however, that Consultant agrees in the event
Consultant asserts a claim against any statutory or common law payment or performance
bond issued in connection with the Project, the surety to such bond and the Contractor (if
Contractor is a principal on the bond) shall have the right to assert as a defense to such
claim, the nonoccurrence of any conditions to payments set forth in this Agreement,
including without limitation the failure or delay of payment to Contractor.
(d) Except as otherwise set forth herein, within thirty (30) calendar days after receipt of a progress
invoice, Contractor shall pay Consultant the full amount of the invoice; provided, however, that the above
conditions are met; provided further, that if Contractor objects to all or any portion of any invoice, it shall
notify Consultant within ten (10) calendar days from receipt of invoice of its objections and both Parties
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shall immediately make every effort to settle the disputed portion of the invoice prior to the date that
payment is due. In the event the settlement of a disputed portion of an invoice is not reached by the date
that payment is due, then Contractor will pay only that portion of the invoice that is not in dispute. In any
dispute over payment, Consultant agrees that it will continue its performance of Services to completion.
(e) Consultant agrees to furnish, prior to any payments hereunder, evidence satisfactory to Contractor
that payment has been made to all its employees, subconsultants, subcontractors and suppliers in the full
amount for which Consultant is invoicing Contractor. Such evidence shall include, without limitation,
unconditional and conditional waivers and releases duly signed by all of Consultant’s employees,
subconsultants, subcontractors and suppliers that prove Consultant has paid all amounts for which
Consultant is invoicing Contractor.
(f) All reports, drawings, data sheets, recommendations, photographs, computer print-outs, design
criterion, calculations and material of a similar nature covered by payments hereunder shall become the
property of Contractor and as such are not to be revealed to, distributed to, identified to or relied upon by
other parties without the prior written consent of Contractor, Consultant will comply with all reasonable
requests of Contractor so that Contractor may protect and preserve all property interests herein conveyed.
ARTICLE 5 – INDEMNIFICATION AND DUTY TO DEFEND
(a) To the fullest extent permitted by applicable law, Consultant specifically obligates itself to
protect, immediately defend, indemnify and hold Contractor, Owner and their respective officers,
directors, employees, agents and representatives and any other person indemnified by Owner
(hereinafter referred to as the “Indemnitees”) harmless against claims, damages, losses, costs,
expenses, including any fees of accountants, attorneys, experts or other professionals, or
investigation expenses, and liabilities in law or in equity arising out of the Consultant’s operations
and the Consultant’s Services. Consultant’s obligations to protect, indemnify and hold Indemnitees
harmless, in addition to the separate and independent duty to defend, include, but are not limited
to, the following:
(i) All damages, liability, penalties, costs, losses, expenses (including attorneys’ fees and
costs), causes of action, demands, claims or judgments (“Losses”), for any alleged or
actual violation or infringement by Consultant (or Consultant’s employees or
consultants or vendors of any tier) of any law, statute, codes, safety or occupational
health orders, rules, regulations, standards, orders or any patent or patent right;
(ii) All Losses resulting from injury to or death of any person (including Consultant’s
employees) or damage to property of any kind (including economic loss), including
the Services or the work of others on the Project, which injury, death or damage arises
out of or is in any way connected with the performance of the Services;
(iii) All Losses arising from: (1) construction liens, mechanics’ liens, or other
materialman’s lien of any sort, stop notice claims and payment bond claims made by
any sub-consultant, suppliers, laborers, rental companies, or the like, and (2) claims
and liens for labor taxes, materials, appliances, equipment, and supplies whatsoever,
including any costs, attorneys’ fees, and incidental damage resulting therefrom; and
for failure by Consultant or any party acting on Consultant’s behalf to comply with
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all laws, ordinances and regulations of all governmental authorities in any manner
relating to the Services;
(iv) Any and all claims, suits, and liability for Consultant’s failure or alleged failure to
comply with the terms of this Agreement; and
(b) To the fullest extent permitted by applicable law, Consultant’s indemnity and hold harmless
obligations hereunder shall apply to any acts, omissions, willful misconduct, negligent conduct, other
fault, or liability without fault of any person or entity, including but not limited to Consultant’s
agents, employees, sub-consultants, and any other individual or entity for whom Consultant may be
responsible, whether active or passive, and whether or not sole or concurrent with that of any other
person or entity; except that this indemnity obligation shall not require that Consultant indemnify
any of the persons or entities named as Indemnitees herein against claims arising from his, her, or its
active negligence or willful misconduct.
(c) Consultant acknowledges the separate and independent duty to defend set forth in this
paragraph, and shall defend the referenced parties upon demand regardless of whether any
indemnification obligations later arise. Consultant agrees that it shall, at its own cost, expense and
risk, immediately upon tender, defend the Indemnitees in any and all claims, demands, actions, lien
actions, suits or other legal, arbitral, administrative or other proceedings which may be brought or
instituted against Indemnitees. In providing such defense, Consultant may appoint counsel of its
choice, however, such counsel shall be (i) experienced and capable of effectively handling the subject
matter assigned, and (ii) free of all conflicts of interests, biases and prejudices against indemnified
parties. Consultant’s duty to defend the Indemnitees, as set forth above, shall arise immediately upon
notification and demand by an Indemnitee to Consultant. Alternatively, Consultant may elect to pay,
within 30 days of receipt of an invoice from Contractor its allocable share of Contractor’s defense
fees and costs on an ongoing basis during the pendency of a claim. If Consultant fails to timely and
adequately perform its obligations under this Article 5, Contractor shall have the right to pursue a
claim against the Consultant for any resulting compensatory damages, interest on defe nse and
indemnity costs, from the date incurred, consequential damages, and reasonable attorneys’ fees
incurred to recover these amounts.
ARTICLE 6 - INSURANCE
(a) Prior to commencing the performance of the Services, Consultant shall procure, and thereafter
maintain, at its own expense, for as long as this Agreement is in effect, the insurance coverage as set forth
below in a form and from insurers acceptable to Contractor; and shall provide Contractor with certificates
evidencing such coverage. Each certificate shall state that the insurer will give Contractor thirty (30) days
prior written notice of any cancellation or material change in the policy(ies):
(i) Worker's Compensation insurance, including Occupational Disease insurance, meeting the
statutory requirements of the state in which work is to be performed, together with Broad Form All States
Endorsement and containing Employer's liability insurance in an amount of at least $1,000,000 and a
Waiver of Subrogation endorsement to the policy in favor of Swinerton Builders, its parent and affiliates.
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(ii) Commercial General Liability Coverage under ISO form #CG0001- 1001or its equivalent
with Liability Limits for Bodily Injury and Property Damage of not less than:
$1,000,000 each Occurrence;
$1,000,000 Products/Completed Operations Aggregate;
$1,000,000 General Aggregate if applicable separately to this project and Defense
Costs are in addition to the Aggregate limit.
$2,000,000 General Aggregate if not applicable separately to this project or if
Defense Costs are included in the Aggregate limit.
Payment and/or satisfaction of any deductible shall be the sole and exclusive responsibility of Consultant.
No portion of Consultant’s obligation to provide general liability and excess/umbrella insurance shall be
satisfied by self-insurance or a self-insured retention absent the express written consent of the Contractor
and the Owner.
(iii) Business automobile insurance with limits of liability for bodily injury and property
damage of $1,000,000 per accident. Such insurance shall apply on an “any auto” basis.
(iv) Professional Liability Policy with Limited Contractual Liability Coverage in favor of
Contractor and Owner and a deductible no greater than $25,000 per claim. This insurance shall be
maintained for not less than the duration of the project and 5 years following completion of construction
(tail). Retroactive date of such policy must be on or before the date Consultant began performing
professional services on this Project. Insurer shall waive subrogation rights against Contractor and Owner
and any other entity required in the prime contract. Limit of liability shall be not less than:
Consultants: $1,000,000 per Claim
Engineers: $2,000,000 per Claim
(b) Consultant’s assumption of liability is independent from, and not limited in any manner by, the
Consultant’s insurance coverage obtained pursuant to this Article 6 or otherwise. All amounts owed by
Consultant to Contractor as a result of the liability provisions of this Agreement shall be paid on demand.
(c) Consultant shall include the following entities as Additional Insureds on the General Liability
policy required pursuant to this Agreement:
Swinerton Builders, its parent and affiliated companies;
CITY OF SAN LUIS OBISPO;
other name if applicable
Other parties as required by Owner in Prime Contract.
ARTICLE 7 - ASSIGNMENT AND SUBCONTRACTING
Consultant shall not assign this Agreement or funds due under this Agreement without the prior written
consent of Contractor. Any assignment, subletting or delegation, in whole or in part, by Consultant of
this Agreement, of the Services or of any claims arising hereunder without the prior written consent of
Contractor shall be void. However, with the written consent of Contractor, which shall not be
unreasonably withheld, Consultant may employ suitably trained and skilled persons or firms under
contract with Consultant to perform a part of Consultant’s Services. Contractor shall have the right in its
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sole discretion, and without Consultant’s consent, to assign its rights and obligations under this
Agreement, as well as any claims arising hereunder, as allowable under the applicable law.
ARTICLE 8 - TERMINATION
Contractor shall have the right to terminate this Agreement, in whole or part, for convenience, by
providing Consultant three (3) days written notice of termination. Upon expiration of the three (3) days,
this Agreement will terminate and Consultant shall be paid the amount earned or reimbursable to it
hereunder to the time specified in the Notice of Termination, including all reasonable actual costs
incurred by Consultant in connection with discontinuing the Services unless Consultant is otherwise in
breach of this Agreement.
If Consultant is in breach of this Agreement, Contractor shall have the right to terminate this Agreement
for cause, in which case Consultant shall be liable for all costs, damages and remedies at law and equity
available to Contractor, including the costs incurred by Contractor to complete the Services. If Contractor
is subsequently deemed to have wrongfully terminated Consultant for cause, such termination shall be
treated as though it had been one for convenience pursuant to this Article 8, and Consultant shall only be
entitled to such compensation as it would have been entitled to for a termination for convenience.
Consultant shall have no further claim against Contractor with respect thereto.
ARTICLE 9 - TAXES AND PERMITS
(a) Consultant agrees to pay and comply with and hold Contractor harmless against the payment of
all contributions, premiums or taxes of whatever nature, including any interest or penalties, which may be
payable by it under any Federal, State or local laws arising out of the performance of this Agreement.
(b) Consultant shall obtain and pay for all permits, plan checks, licenses, fees and certificates of
inspection which may be necessary for the prosecution and completion of its duties and obligations
hereunder, and shall arrange for any applicable inspections and approvals by public officials.
ARTICLE 10 - LAWS, REGULATIONS, ORDINANCES
(a) This Agreement shall be construed and enforced in accordance with the laws of the State where
the Project is located, excluding choice of law rules. Venue for any legal action shall be in the State
where the Project is located.
(b) Consultant agrees to be bound by and, at its own cost, comply with all Federal, State and local
laws, codes, ordinances, regulations and licensing requirements applicable to the performance of its duties
and obligations hereunder.
ARTICLE 11 – DISPUTES AND DISPUTE RESOLUTION
(a) A Dispute shall arise when Contractor denies or otherwise challenges a timely claim brought by
Consultant or the Parties have another form of disagreement arising from the Agreement (collectively
“Dispute”). A Dispute shall also include any claim by Consultant that Contractor believes, in its discretion,
involves, in whole or in part, disputes or claims between the Contractor and a third-party, including without
limitation the Owner.
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(b) Consultant shall not delay or postpone any Services pending resolution of any Dispute except as
the Contractor and Consultant may otherwise agree in writing. Pending final resolution of a Dispute,
including exhaustion of all applicable dispute resolution procedures, Consultant shall proceed diligently
with the performance of the Services, including any disputed work, and based on such performance,
Contractor shall continue to make payments for undisputed Services in accordance with this Agreement.
(c) Disputes under the Prime Contract. If any Dispute between Consultant and Contractor arising out
of or relating to this Agreement pertains in any way to a claim, dispute, or matter in question between
Contractor and Owner arising out of or relating to the Prime Contract (“Related Prime Contract Dispute”),
then this Dispute will be decided using the process utilized for the Related Prime Contract Dispute, and the
laws governing the resolution of Prime Contract disputes, regardless of whether Consultant formally joins
the process as a litigant or named party. Any and all claims of the Consultant related to a Related Prime
Contract Dispute shall be handled in this manner. Consultant agrees to: (i) cooperate with Contractor, (ii)
assist in the discovery and other preparations for the hearing, (iii) make its employees available for
testimony before and after the hearing, (iv) share proportionately the legal fees and costs associated with
the preparation for and execution of the hearing to the extent mutually agreed upon related to the amount
of damage being pursued by the Contractor on Consultant’s behalf, and (v) stay any action filed by the
Consultant against Contractor as long as the Consultant’s position is being diligently pursued by the
Contractor in the hearing where the Related Prime Contract Dispute is being heard, and until all such
appeals pertaining to the Related Prime Contract Dispute are exhausted. Consultant will be bound by the
results of the dispute resolution procedure controlling the Related Prime Contract Dispute as it relates to
Consultant, and such results shall be final. Nothing in this Agreement shall allow Consultant to be a named
party in a dispute forum being utilized by Contractor and Owner where that Consultant has no legal standing
to litigate its disputes before that forum.
(1) Disputes between Contractor and Consultant. In the event that either (i) the provisions for
resolution of Disputes between Contractor and Owner contained in the Prime Contract Documents
do not permit joinder with disputes of third parties, such as Consultant, and Contractor elects not
to enter into a liquidating agreement with Consultant, or (ii) if such Dispute is only between
Contractor and Consultant, then the Parties shall submit the Disputes to the dispute resolution
procedure set forth in Paragraphs 11(d) and 11(e) below. Contractor reserves the right to seek
consolidation of any mediation, lawsuit or arbitration arising under this Agreement with any
mediation, lawsuit or arbitration relating to disputes between Contractor and Owner.
(2) Mediation between Contractor and Consultant. The Parties shall endeavor to resolve their Disputes
through mediation. Any such mediation proceedings shall be under the auspices of and governed
by the rules of the Prime Contract Documents. If the Prime Contract Documents do not provide
rules for mediation, the mediation shall be governed by the Construction Industry Mediation Rules
of the American Arbitration Association or the Parties may mutually agree to select another set of
mediation rules. However, if the Project is in Hawaii, Parties agree that the mediation shall be
conducted by Dispute Prevention & Resolution, Inc., and governed by its Mediation Rules. Neither
Party shall proceed with arbitration or litigation until the completion of the mediation process. The
costs of the mediator shall be shared equally by the Parties.
(i) A request for mediation shall be filed in writing with the other Party to this A greement.
The request may be made concurrently with the filing of a demand for arbitration or
litigation but, in such event, mediation shall proceed in advance of arbitration or legal or
equitable proceedings, which shall be stayed pending mediation for a period of 60 days
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from the date of filing, unless stayed for a longer period by agreement of the Parties or
court order.
(ii) The mediation shall be held in the city or county where the Project is located, unless another
location is mutually agreed upon. If the Project is located in Hawaii, it shall be held at the
Honolulu office of Dispute Prevention & Resolution, Inc., unless Parties otherwise agree
in writing. Any agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
(d) WAIVER OF JURY TRIAL. Unless otherwise agreed to in writing, for disputes that are not
governed by Paragraph 11(c) above, Parties agree to resolve such disputes in either the state or federal court
having jurisdiction of the matter in the location of the Project. THE PARTIES WAIVE THE RIGHT
TO A JURY TRIAL, AND AGREE THAT THEIR DISPUTE WILL BE DETERMINED BY A
JUDGE. THE PARTIES SPECIFICALLY AGREE AND ACKNOWLEDGE THAT THE NATURE
AND COMPLEXITY OF CONSTRUCTION DISPUTES IS SUCH THAT MATTERS ARE
BETTER AND MORE EFFICIENTLY DECIDED BY A JUDGE RATHER THAN A JURY.
(e) Joinder of Other Parties. Consultant shall include in each of its contracts with its subconsultants a
specific provision whereby the necessary party agrees to be joined or consolidated with any dispute
procedure between Contractor and Consultant. Further, the Contractor and Consultant grant to any person
or entity made a party to and conducted under this Section, whether by joinder or consolidation, the same
rights of joinder and consolidation as the Contractor and Consultant under this Agreement.
ARTICLE 12 - LICENSES
To the extent required or applicable, Consultant warrants that it is currently licensed and in good standing
to practice the profession and provide the Services in the state or jurisdiction where performed.
ARTICLE 13 - ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties hereto with respect to the matters
covered herein. No other agreements, representations, warranties or statements, whether oral or written,
shall be binding on either party.
ARTICLE 14 – SAVINGS CLAUSE
If any portion of this Agreement is determined to be void, voidable or illegal, such portion shall be deemed
severed from the other portions of this Agreement that are not void, voidable or illegal and such other
portions shall be enforceable in accordance with their terms. No waiver of any provision or breach of this
Agreement shall constitute a waiver of any other provision or breach of this Agreement.
ARTICLE 15 - ATTORNEYS FEES AND COSTS
In the event legal action is initiated to enforce the provisions of this Agreement, the prevailing party shall
be awarded reasonable attorney’s fees and costs expended, including the costs of experts.
ARTICLE 16 – WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES
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With the exception of the express reservation contained herein, the Parties mutually waive claims against
each other for consequential damages arising out of or relating to this Agreement. This waiver applies to
all claims for any consequential, special, incidental, indirect, punitive or exemplary damages, and the
Parties hereby release each other from any such liability; provided, however, that this limitation of
liability shall not affect Consultant’s obligations under Article 5, for any such damages that may be owed
to the Owner or other third parties, or to the extent that any such damages are recoverable from insurance.
ARTICLE 17 – COUNTERPARTS AND ELECTRONIC SIGNATURES
Contractor may establish a procedure by which the Agreement, or any one or more of the document issued
under, pursuant to or in connection with the Agreement may be signed by one or both Parties using an
electronic signature methodology designated by Contractor in its sole discretion. In such event, upon
written notice to Consultant, Contractor may require that such documents be executed using such electronic
signature methodology and the Parties’ use of such electronic signature methodology will be considered as
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the day and year above written.
PROJECT NAME: City of San Luis Obispo Cultural Arts District Parking Structure
HIVE ENGINEERING, Subcontractor SWINERTON BUILDERS, Contractor
By: By:
Name Dan Parker-King Name Kevin Hermreck
Title President Title Project Manager
Subcontractor License No: Swinerton License No: 092
DocuSign Envelope ID: 6E8FFFA9-5612-4F97-851F-A019B6C6CFEE
10/30/2023
C74672
In Process
Certificate Of Completion
Envelope Id: 6E8FFFA956124F97851FA019B6C6CFEE Status: Sent
Subject: 23049042 City of Luis Obispo Cultural Arts District PS | HIVE ENGINEERING PSA
Source Envelope:
Document Pages: 13 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 2 Maria Sebastian
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2300 Clayton Road
8th Floor
Concord, CA 94520
maria.sebastian@swinerton.com
IP Address: 12.174.77.202
Record Tracking
Status: Original
10/26/2023 1:22:34 PM
Holder: Maria Sebastian
maria.sebastian@swinerton.com
Location: DocuSign
Signer Events Signature Timestamp
Kevin Hermreck
khermreck@swinerton.com
Project Manager
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Using IP Address: 66.27.56.2
Sent: 10/27/2023 3:18:27 PM
Viewed: 10/27/2023 3:22:49 PM
Signed: 10/27/2023 3:23:24 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2022 2:41:38 PM
ID: 366730e7-3521-4806-9a86-a2c4025e19de
Dan Parker-King
dan@hiveengineering.us
Security Level: Email, Account Authentication
(None), Access Code
Signature Adoption: Pre-selected Style
Using IP Address: 68.78.72.225
Sent: 10/27/2023 3:23:26 PM
Viewed: 10/30/2023 10:36:49 AM
Signed: 10/30/2023 10:38:01 AM
Electronic Record and Signature Disclosure:
Accepted: 10/30/2023 10:36:49 AM
ID: df07f082-0d34-4b06-94ba-583803619780
Kevin Hermreck
khermreck@swinerton.com
Project Manager
Security Level: Email, Account Authentication
(None)
Sent: 10/30/2023 10:38:03 AM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2022 2:41:38 PM
ID: 366730e7-3521-4806-9a86-a2c4025e19de
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 6/14/2012 9:15:29 AM
Parties agreed to: Kevin Hermreck, Dan Parker-King, Kevin Hermreck
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51
APPENDIX E
CONTRACTOR/SUBCONTRACTOR INFORMATION
SWPPP SLO Downtown Parking Structure
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52
Contractor
Name
Discipline Contact Title Phone Email
Swinerton
Builders
GC Daniel O’Connel Superintendent 949.491.6584 Daniel.OConnell@swinerton.com
Hive Engineering SWPPP Dan Parker-King QSP 805-550-8546 dan@hiveengineering.us
Additional subcontractor(s) will be named later.
SWPPP SLO Downtown Parking Structure
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53
APPENDIX F
SWPPP TRAINING LOG
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54
Trained Contractor Personnel Log
Stormwater Management Training Log and Documentation
Project Name:
WDID #: 3 40C399332
Stormwater Management Topic: (check as appropriate)
Erosion Control
Wind Erosion Control
Non-Stormwater Management Stormwater Sampling
Sediment Control Tracking Control
Waste Management and Materials Pollution Control
Objective:
Location:
Date:
Instructor:
Telephone
Course Length
Attendee Roster (Attach additional forms if necessary)
Name Company Phone
As needed, add proof of external training (e.g., course completion certificates, credentials for
QSP, QSD).
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APPENDIX G
SITE MAP
EROSION CONTROL PLAN
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APPENDIX H
RISK LEVEL CALCULATIONS
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A B C
1 Sediment Risk Factor Worksheet Entry
2 A) R Factor
3
Analyses of data indicated that when factors other than rainfall are held constant, soil loss is directly proportional to a rainfall
factor composed of total storm kinetic energy (E) times the maximum 30-min intensity (I30) (Wischmeier and Smith, 1958). The
numerical value of R is the average annual sum of EI30 for storm events during a rainfall record of at least 22 years. "Isoerodent"
maps were developed based on R values calculated for more than 1000 locations in the Western U.S. Refer to the link below to
determine the R factor for the project site.
4 http://cfpub.epa.gov/npdes/stormwater/LEW/lewCalculator.cfm
5
R Factor Value 71.48
6 B) K Factor (weighted average, by area, for all site soils)
7
The soil-erodibility factor K represents: (1) susceptibility of soil or surface material to erosion, (2) transportability of the
sediment, and (3) the amount and rate of runoff given a particular rainfall input, as measured under a standard condition. Fine-
textured soils that are high in clay have low K values (about 0.05 to 0.15) because the particles are resistant to detachment.
Coarse-textured soils, such as sandy soils, also have low K values (about 0.05 to 0.2) because of high infiltration resulting in low
runoff even though these particles are easily detached. Medium-textured soils, such as a silt loam, have moderate K values (about
0.25 to 0.45) because they are moderately susceptible to particle detachment and they produce runoff at moderate rates. Soils
having a high silt content are especially susceptible to erosion and have high K values, which can exceed 0.45 and can be as large
as 0.65. Silt-size particles are easily detached and tend to crust, producing high rates and large volumes of runoff. Use Site-
specific data must be submitted.
8 Site-specific K factor guidance
9
K Factor Value 0.24
10 C) LS Factor (weighted average, by area, for all slopes)
11
The effect of topography on erosion is accounted for by the LS factor, which combines the effects of a hillslope-length factor, L,
and a hillslope-gradient factor, S. Generally speaking, as hillslope length and/or hillslope gradient increase, soil loss increases. As
hillslope length increases, total soil loss and soil loss per unit area increase due to the progressive accumulation of runoff in the
downslope direction. As the hillslope gradient increases, the velocity and erosivity of runoff increases. Use the LS table located in
separate tab of this spreadsheet to determine LS factors.
Estimate the weighted LS for the site prior to construction.
12
LS Table
13
LS Factor Value 1.25
14
15 Watershed Erosion Estimate (=RxKxLS) in tons/acre 21
16 Site Sediment Risk Factor
MEDIUM
17 Low Sediment Risk: < 15 tons/acre
18 Medium Sediment Risk: >=15 and <75 tons/acre
19 High Sediment Risk: >= 75 tons/acre
20
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Receiving Water (RW) Risk Factor Worksheet Entry Score
A. Watershed Characteristics
yes/no
A.1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed
waterbody impaired by sediment (For help with impaired waterbodies please visit the link below)
or has a USEPA approved TMDL implementation plan for sediment?:
YES
HIGH
http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml
OR
A.2. Does the disturbed area discharge to a waterbody with designated beneficial uses of
SPAWN & COLD & MIGRATORY? (For help please review the appropriate Regional Board Basin
Plan)
http://www.waterboards.ca.gov/waterboards_map.shtml
Region 1 Basin Plan
Region 2 Basin Plan
Region 3 Basin Plan
Region 4 Basin Plan
Region 5 Basin Plan
Region 6 Basin Plan
Region 7 Basin Plan
Region 8 Basin Plan
Region 9 Basin Plan
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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APPENDIX I
CHAIN-OF-CUSTODY (COC) FORM
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering DESTINATION LAB: ATTN: ADDRESS: Office Phone: Cell Phone: REQUESTED ANALYSIS Notes: SAMPLED BY: Contact: Facility Name Client Sample ID Sample Date Sample Time Sample Matrix Container # Type Pres. SENDER COMMENTS: RELINQUISHED BY Signature: Print: Company: Date: TIME: LABORATORY COMMENTS: RECEIVED BY Signature: Print: Company: Date: TIME:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX J
SWPPP AMENDMENT(S) & LOG
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Amendment Log
Facility Name: Cultural Arts district Parking Structure
Waste Discharge Identification (WDID): 565511
Amendment
No.
Date Page and
Section
No.
Requested
By
Brief Description of Amendment;
include reason for change, site location,
and BMP modifications.
Prepared
and
Approved
By
1 8/31/23 2.1
C.1.0
DPK Update risk level based on proximity to
waterbody. Updated detail for inlet
protection based on phasing
DPK
11/1/23 SWPPP
Document
DPK Updated for new contractor, and new phase. DPK
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX K
CORRECTIVE ACTION LOG
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering EXAMPLE Corrective Action Log Project Name: ______________________________________________ NPDES ID Number: __________________________________________ Section A – Individual Completing this Log Name: Title: Company Name: Email: Address: Phone Number: Section B – Details of the Problem (CGP Part 5.4.1.a) Complete this section within 24 hours of discovering the condition that triggered corrective action. Date problem was first identified: Time problem was first identified: What site conditions triggered this corrective action? (Check the box that applies. See instructions for a description of each triggering condition (1 thru 6).) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ 5a ☐ 5b ☐ 6 Specific location where problem identified: Provide a description of the specific condition that triggered the need for corrective action and the cause (if identifiable): Section C – Corrective Action Completion (CGP Part 5.4.1.b) Complete this section within 24 hours after completing the corrective action. For site condition # 1, 2, 3, 4, or 6 (those not related to a dewatering discharge) confirm that you met the following deadlines (CGP Part 5.2.1): ☐ Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events. AND ☐ Completed corrective action by the close of the next business day, unless a new or replacement control, or significant repair, was required. OR ☐ Completed corrective action within seven (7) calendar days from the time of discovery because a new or replacement control, or significant repair, was necessary to complete the installation of the new or modified control or complete the repair. OR ☐ It was infeasible to complete the installation or repair within 7 calendar days from the time of discovery. Provide the following additional information: Explain why 7 calendar days was infeasible to complete the installation or repair:
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering Provide your schedule for installing the stormwater control and making it operational as soon as feasible after the 7 calendar days: For site condition # 5a, 5b, or 6 (those related to a dewatering discharge), confirm that you met the following deadlines: ☐ Immediately took all reasonable steps to minimize or prevent the discharge of pollutants until a solution could be implemented, including shutting off the dewatering discharge as soon as possible depending on the severity of the condition taking safety considerations into account. ☐ Determined whether the dewatering controls were operating effectively and whether they were causing the conditions. ☐ Made any necessary adjustments, repairs, or replacements to the dewatering controls to lower the turbidity levels below the benchmark or remove the visible plume or sheen. Describe any modification(s) made as part of corrective action: (Insert additional rows below if applicable) Date of completion: SWPPP update necessary? If yes, date SWPPP was updated: 1. ☐ Yes ☐ No 2. ☐ Yes ☐ No Section D - Signature and Certification (CGP Part 5.4.2) “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” MANDATORY: Signature of Operator or “Duly Authorized Representative:” Signature: Date: Printed Name: Affiliation: OPTIONAL: Signature of Contractor or Subcontractor Signature: Date: Printed Name: Affiliation:
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering General Instructions This Corrective Action Log Template is provided to assist you creating a corrective action log that complies with the minimum reporting requirements of Part 5.4 of the EPA’s Construction General Permit (CGP). For each triggering condition on your site, you will need to fill out a separate corrective action log. The entire form must be completed to be compliant with the requirements of the permit. (Note: In Section C, if you do not need the number of rows provided in the corrective action log, you may delete these or cross them off. Alternatively, if you need more space to describe any modifications, you may insert additional rows in the electronic version of this form or use the bottom of the page in the field version of this form.) If you are covered under a State CGP, this template may be helpful in developing a log that can be used for that permit; however, you will likely need to modify this form to meet the specific requirements of any State-issued permit. If your permitting authority requires you to use a specific corrective action log, you should not use this template. Instructions for Section A Individual completing this form Enter the name of the person completing this log. Include the person’s contact information (title, affiliated company name, address, email, and phone number). Instructions for Section B You must complete Section B within 24 hours of discovering the condition that triggered corrective action. (CGP Part 5.4) When was the problem first discovered? Specify the date and time when the triggering condition was first discovered. What site conditions triggered this corrective action? (CGP Parts 5.1 and 5.3) Check the box corresponding to the numbered triggering condition below that applies to your site. 1. A stormwater control needs a significant repair or a new or replacement control is needed, or, in accordance with Part Error! Reference source not found., you find it necessary to repeatedly (i.e., 3 or more times) conduct the same routine maintenance fix to the same control at the same location (unless you document in your inspection report under Part Error! Reference source not found. that the specific reoccurrence of this same problem should still be addressed as a routine maintenance fix under Part Error! Reference source not found.); 2. A stormwater control necessary to comply with the requirements of this permit was never installed, or was installed incorrectly; 3. Your discharges are not meeting applicable water quality standards; 4. A prohibited discharge has occurred (see Part 1.3); 5. During discharge from site dewatering activities: a. The weekly average of your turbidity monitoring results exceeds the 50 NTU benchmark (or alternate benchmark if approved by EPA pursuant to Part Error! Reference source not found.); or b. You observe or you are informed by EPA, State, or local authorities of the presence of any of the following at the point of discharge to a receiving water flowing through or immediately adjacent to your site and/or to constructed or natural site drainage features or storm drain inlets: · sediment plume · suspended solids · unusual color · presence of odor
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering · decreased clarity · presence of foam · visible sheen on the water surface or visible oily deposits on the bottom or shoreline of the receiving water 6. EPA requires corrective action as a result of permit violations found during an inspection carried out under Part 4.8. Provide a description of the problem (CGP Part 5.4.1.a) Provide a summary description of the condition you found that triggered corrective action, the cause of the problem (if identifiable), and the specific location where it was found. Be as specific as possible about the location; it is recommended that you refer to a precise point on your site map. Instructions for Section C You must complete Section C within 24 hours after completing the correction action. (CGP Part 5.4) Deadlines for completing corrective action for condition # 1, 2, 3, 4, or 6 (if not relating to a dewatering discharge) (CGP Part 5.2.1) Check the box to confirm that you met the deadlines that apply to each triggering condition. You are always required to check the first box (i.e., Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events.). Only one of the next three boxes should be checked depending on the situation that applies to this corrective action. Check the second box if the corrective action for this particular triggering condition does not require a new or replacement control, or a significant repair. These actions must be completed by the close of the next business day from the time of discovery of the condition. Check the third box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair. These actions must be completed by no later than seven calendar days from the time of discover of the condition. Check the fourth box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair, and if it is infeasible to complete the work within seven calendar days. Additionally, you will need to fill out the table below the checkbox that requires: 1. An explanation as to why it was infeasible to complete the installation or repair within seven calendar days of discovering the condition. 2. Provide the schedule you will adhere to for installing the stormwater control and making it operational as soon as feasible after the seventh day following discovery. Note: Per Part 5.2.1.c, where these actions result in changes to any of the stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within seven calendar days of completing this work. Deadlines for completing corrective action for condition # 5a, 5b, or 6 related to a dewatering discharge (CGP Part 5.2.2) These deadlines apply to conditions relating to construction dewatering activities. Check the box to confirm that you met the deadlines that apply to each triggering condition. You are required to check all of the boxes in this section to indicate your compliance with the corrective action deadlines. List of modification(s) to correct problem Provide a list of modifications you completed to correct the problem. Date of completion Enter the date you completed the modification. The work must be completed by the deadline you indicated above.
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering SWPPP update necessary? Check “Yes” or “No” to indicate if a SWPPP update is necessary consistent with Part 7.4.1.a in order to reflect changes implemented at your site. If “Yes,” then enter the date you updated your SWPPP. The SWPPP updates must be made within seven calendar days of completing a corrective action. (CGP Part 5.2.1.c) Instructions for Section D Each corrective action log entry must be signed and certified following completion of Section D to be considered complete. (CGP Part 5.4.2) Operator or “Duly Authorized Representative” – MANDATORY (CGP Appendix G Part G.11.2 and CGP Appendix H Section X) At a minimum, the corrective action log must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply: If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: · For a corporation: By a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. · For a partnership or sole proprietorship: By a general partner or the proprietor, respectively. · For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a Federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: · The authorization is made in writing by the person who signed the NOI (see above); · The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and · The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. Sign, date and print your name and affiliation.
SWPPP SLO Downtown Parking Structure Prepared by Hive Engineering Contractor or Subcontractor - OPTIONAL Where you rely on a contractor or subcontractor to complete this log and the associated corrective action, you should consider requiring the individual(s) to sign and certify each log entry. Note that this does not relieve you, the permitted operator, of the requirement to sign and certify the log as well. If applicable, sign, date, and print your name and affiliation. Recordkeeping Logs must be retained for at least 3 years from the date your permit coverage expires or is terminated. (CGP Part 5.4.4) Keep copies of your signed corrective action log entries at the site or at an easily accessible location so that it can be made immediately available at the time of an on-site inspection or upon request by EPA. (CGP Part 5.4.3) Include a copy of the corrective action log in your SWPPP. (CGP Part 7.2.7.e) Note While EPA has made every effort to ensure the accuracy of all instructions contained in this template, it is the permit, not this template, that determines the actual obligations of regulated construction stormwater discharges. In the event of a conflict between this template and any corresponding provision of the CGP, you must abide by the requirements in the permit. EPA welcomes comments on this Corrective Action Log Template at any time and will consider those comments in any future revision. You may contact EPA for CGP-related inquiries at cgp@epa.gov
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX L
SAMPLING LOG
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Visual Observation Log - Monthly
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Current Weather:
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source:
Outdoor Industrial Equipment and Storage Area Observations
Complete Monthly BMP
Inspection Report
Yes □ No □
Drainage Area 1:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 2:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 3:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
If yes to any, describe:
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Visual Observation Log – Sampling Events
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Weather:
Precipitation Total: Predicted % chance of rain:
Estimate storm beginning:
(date and time)
Estimate storm
duration:
(hours)
Estimate time
since last storm:
(days or hours)
Rain
gauge
reading:
(inches)
Sampling Event Observations
Observations: If yes identify location and observe drainage area to identify probable cause
Odors Yes □ No □
Floating material Yes □ No □
Suspended Material Yes □ No □
Sheen Yes □ No □
Discolorations Yes □ No □
Turbidity Yes □ No □
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source
Drainage Area Observations
Drainage Area Deficiencies Noted
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Sampling Log
Facility Name: Date: Time Start:
Sampler Name:
Field Meter Calibration
pH Meter ID No./Description:
Calibration Date/Time:
Field pH Measurements
Discharge Location Identifier pH Time
Samples Collected
Discharge
Location Identifier
Constituent Time
Oil and Grease
Total Suspended Solids
Additional Sampling Notes:
Time End:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX M
ANNUAL FEE STATEMENT AND RECIEPTS
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
FOR INFORMATION ONLY. SEE THE WATERBOARDS.CA.GOV WEBSITE FOR FEES AND
STIPULATONS.
CALIFORNIA CODE OF REGULATIONS
TITLE 23. Division 3. Chapter 9. Waste Discharge Reports and Requirements Article 1. Fees
Section 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the
Water Code shall submit, to the state board, an annual fee in accordance with the following schedules. The
fee shall be submitted for each waste discharge requirement order issued to that person.1 (a) The annual
fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3),
(a)(4), (b), and (c), shall be based on the discharge’s threat to water quality (TTWQ) and complexity (CPLX)
rating according to the following fee schedule, plus applicable surcharge(s).
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Oil and gas produced water storage and disposal facilities regulated by waste discharge requirements are
subject to a surcharge per barrels of waste water discharged in the prior 12 months according to the following
schedule: TTWQ & CPLX Rating No Barrels 1 to 999,999 Barrels 1,000
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX N
CONSTRUCTION SITE MONITORING INSPECTION FORM
SWPPP SLO Downtown Parking Structure
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BMP INSPECTION REPORT
Date and Time of Inspection: Date Report Written:
Inspection Type:
(Circle one)
Weekly
Complete Parts
I,II,III and VII
Pre-Storm
Complete Parts
I,II,III,IV and VII
During Rain Event
Complete Parts I, II,
III, V, and VII
Post-Storm
Complete Parts
I,II,III,VI and VII
Part I. General Information
Site Information
Construction Site Name:
Construction stage and
completed activities:
Approximate area
of site that is exposed:
Photos Taken:
(Circle one) Yes No
Photo Reference IDs:
Weather
Estimate storm beginning:
(date and time)
Estimate storm duration:
(hours)
Estimate time since last storm:
(days or hours)
Rain gauge reading and location:
(in)
Is a “Qualifying Event” predicted or did one occur (i.e., 0.5” rain with 48-hrs or greater between events)? (Y/N) If yes,
summarize forecast:
Exemption Documentation (explanation required if inspection could not be conducted). Visual inspections
are not required outside of business hours or during dangerous weather conditions such as flooding or electrical storms.
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Part II. BMP Observations. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Failures or
other short
comings (yes,
no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Construction Materials
Inventory of products (excluding materials designed to be
outdoors)
Stockpiled construction materials not actively in use are
covered and bermed
All chemicals are stored in watertight containers with
appropriate secondary containment, or in a completely
enclosed storage shed
Construction materials are minimally exposed to precipitation
BMPs preventing the off-site tracking of materials are
implemented and properly effective
Good Housekeeping for Waste Management
Wash/rinse water and materials are prevented from being
disposed into the storm drain system
Portable toilets are contained to prevent discharges of waste
Sanitation facilities are clean and with no apparent for leaks and
spills
Equipment is in place to cover waste disposal containers at the
end of business day and during rain events
Discharges from waste disposal containers are prevented from
discharging to the storm drain system / receiving water
Stockpiled waste material is securely protected from wind and rain
if not actively in use
Procedures are in place for addressing hazardous and non-
hazardous spills
Appropriate spill response personnel are assigned and trained
Equipment and materials for cleanup of spills is available
onsite
Washout areas (e.g., concrete) are contained appropriately to
prevent discharge or infiltration into the underlying soil
Good Housekeeping for Vehicle Storage and Maintenance
Measures are in place to prevent oil, grease, or fuel from
leaking into the ground, storm drains, or surface waters
All equipment or vehicles are fueled, maintained, and stored in a
designated area with appropriate BMPs
Vehicle and equipment leaks are cleaned immediately and
disposed of properly
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Part II. BMP Observations Continued. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Adequately
designed,
implemented and
effective
(yes, no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Landscape Materials
Stockpiled landscape materials such as mulches and topsoil are
contained and covered when not actively in use
Erodible landscape material has not been applied 2 days
before a forecasted rain event or during an event
Erodible landscape materials are applied at quantities and rates
in accordance with manufacturer recommendations
Bagged erodible landscape materials are stored on pallets and
covered
Good Housekeeping for Air Deposition of Site Materials
Good housekeeping measures are implemented onsite to
control the air deposition of site materials and from site
operations
Non-Stormwater Management
Non-Stormwater discharges are properly controlled
Vehicles are washed in a manner to prevent non-stormwater
discharges to surface waters or drainage systems
Streets are cleaned in a manner to prevent unauthorized non-
stormwater discharges to surface waters or drainage systems.
Erosion Controls
Wind erosion controls are effectively implemented
Effective soil cover is provided for disturbed areas inactive (i.e., not
scheduled to be disturbed for 14 days) as well as finished slopes,
open space, utility backfill, and completed lots
The use of plastic materials is limited in cases when a more
sustainable, environmentally friendly alternative exists.
Sediment Controls
Perimeter controls are established and effective at controlling
erosion and sediment discharges from the site
Entrances and exits are stabilized to control erosion and
sediment discharges from the site
Sediment basins are properly maintained
Linear sediment control along toe of slope, face of slope an at grade
breaks (Risk Level 2 & 3 Only)
Limit construction activity to and from site to entrances and exits
that employ effective controls to prevent offsite tracking (Risk
Level 2 & 3 Only)
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Ensure all storm, drain inlets and perimeter controls, runoff
control BMPs and pollutants controls at entrances and exits are
maintained and protected from activities the reduce their
effectiveness (Risk Level 2 & 3 Only)
Inspect all immediate access roads daily (Risk Level 2 & 3
Only)
Run-On and Run-Off Controls
Run-on to the site is effectively managed and directed away from
all disturbed areas.
Other
Are the project SWPPP and BMP plan up to date, available on-site and
being properly implemented?
Part III. Descriptions of BMP Deficiencies
Deficiency
Repairs Implemented:
Note - Repairs must begin within 72 hours of identification and,
complete repairs as soon as possible.
Start Date Action
1.
2.
3.
4.
Part IV. Additional Pre-Storm Observations. Note the presence or absence of floating and suspended
materials, sheen, discoloration, turbidity, odors, and source(s) of pollutants(s).
Yes, No, N/A
Do stormwater storage and containment areas have adequate freeboard? If no, complete Part III.
Are drainage areas free of spills, leaks, or uncontrolled pollutant sources? If no, complete Part VII and
describe below.
Notes:
Are stormwater storage and containment areas free of leaks? If no, complete Parts III and/or VII and describe
below.
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Part V. Additional During Storm Observations. If BMPs cannot be inspected during inclement
weather, list the results of visual inspections at all relevant outfalls, discharge points,
and downstream locations. Note odors or visible sheen on the surface of discharges. Complete Part VII
(Corrective Actions) as needed.
Outfall, Discharge Point, or Other Downstream Location
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Part VI. Additional Post-Storm Observations. Visually observe (inspect) stormwater discharges at
all discharge locations within two business days (48 hours) after each qualifying rain event, and observe
(inspect) the discharge of stored or contained stormwater that is derived
from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at
the time of discharge. Complete Part VII (Corrective Actions) as needed.
Discharge Location, Storage or
Containment Area
Visual Observation
Notes:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Part VII. Additional Corrective Actions Required. Identify additional corrective actions not included
with BMP Deficiencies (Part III) above. Note if SWPPP change is required.
Required Actions Implementation Date
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
APPENDIX O
RAIN EVENT ACTION PLAN
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Rain Event Action Plan (REAP)
Date of REAP WB DID Number:
Date Rain Predicted to Occur: Predicted % chance of rain:
Predicted Rain Event Triggered Actions
Below is a list of suggested actions and items to review for this project. Each active Trade should check all material storage areas,
stockpiles, waste management areas, vehicle and equipment storage and maintenance, areas of active soil disturbance, and areas of active
work to ensure the proper implementation of BMPs. Project-wide BMPs should be checked and cross- referenced to the BMP progress
map.
Trade or Activity Suggested action(s) to perform / item(s) to review prior to rain event
Information & Scheduling Inform trade supervisors of predicted rain
Check scheduled activities and reschedule as needed
Alert erosion/sediment control provider
Alert sample collection contractor (if applicable)
Schedule staff for extended rain inspections
Check Erosion and Sediment Control (ESC) material stock
Review BMP progress map
Other:
Material storage areas Material under cover or in sheds (ex: treated woods and metals)
Perimeter control around stockpiles
Other:
Waste management areas Dumpsters closed
Drain holes plugged
Recycling bins covered
Sanitary stations bermed and protected from tipping
Other:
Trade operations Exterior operations shut down for event (e.g., no concrete pours or paving)
Soil treatments (e.g., fertilizer) ceased within 24 hours of event
Materials and equipment (e.g., tools) properly stored and covered
Waste and debris disposed in covered dumpsters or removed from site
Trenches and excavations protected
Perimeter controls around disturbed areas
Fueling and repair areas covered and bermed
Other:
Site ESC BMPs Adequate capacity in sediment basins and traps
Site perimeter controls in place
Catch basin and drop inlet protection in place and cleaned
Temporary erosion controls deployed
Temporary perimeter controls deployed around disturbed areas and stockpiles
Roads swept; site ingress and egress points stabilized
Other:
Concrete rinse out area Adequate capacity for rain
Wash-out bins covered
Other:
Spill and drips All incident spills and drips, including paint, stucco, fuel, and oil cleaned
Drip pans emptied
Other:
SWPPP SLO Downtown Parking Structure
Prepared by Hive Engineering
Other / Discussion /
Diagrams
Attach a printout of the weather forecast from the NOAA website to the REAP.
I certify under penalty of law that this Rain Event Action Plan (REAP) will be performed in accordance with the General Permit by me or
under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Date:
Qualified SWPPP Practitioner (Use ink please)
69
From:Ryan Stefanek <rstefanek@kitchell.com>
Sent:Friday, October 27, 2023 2:49 PM
To:Kacsinta, Madeline
Cc:Tally Richtsmeier; Tom Fee
Subject:RE: NEW PO - pending
Attachments:SLO Cultural Arts CM Contract-FE.pdf; SLO City CADPS CM RFP-Additional Services 004 Fee
Proposal Letter 23.10.11.pdf; 710100 115256.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hey Madeline,
Thanks for leƫng us know.
As we discussed on the phone I back checked and aƩached the contracts.
My numbers match for Add Service 004 and Phase 2 scope, but I have a different number of Original PO – Remaining
$311,387.95.
It looks like it’s a difference of $71,528.92 from your $239,859.03.
I am basing my number off our Balance Remaining on Contract from our last billing (see a Ʃached) for September.
Let me know if you need me to look further into anything for you.
Thanks and have a great weekend!
Ryan Stefanek, Project Manager I
Kitchell CEM
1304 Broad Street
San Luis Obispo, CA 93401
Cell: 805-674-6598 | Direct: 916-713-6975
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
From: Kacsinta, Madeline <MKacsint@slocity.org>
Sent: Friday, October 27, 2023 10:48 AM
To: Ryan Stefanek <rstefanek@kitchell.com>; Tally Richtsmeier <trichts@kitchell.com>; Tom Fee <tfee@kitchell.com>
Subject: NEW PO - pending
EXTERNAL EMAIL
Hi Ryan,
I just put through your new PO, and it is pending approval, but I wanted to give you a heads up. Below is a breakdown
of the new PO. I am rolling in the Phase 2 scope as well. Attached is the original agreement that I am pulling from on
the phase 2 scope.
Original PO - Remining $239,859.03
Add Service 4 $237,600.00
Phase 2 Scope $3,436,094.00
70
TOTAL $ 3,913,553.03
I am hoping to get that PO number to you by end of today or Monday at the latest.
Please let me know if you have any questions or concerns.
Thank you,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
Invoice No.115256October 9, 2023
City Of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401‐3218
Attn: Madeline Kacsinta
Email: mkacsinta@slocity.org
Contract 2022‐DPW129
DPW CIP Project #23‐102
Contract Percent Balance Remaining Billings Previous Current
Description Amount Complete on Contract To Date Billings Billing
CM Professional Services 449,220.00$ 74.01% 116,730.00$ 332,490.00$ 286,725.00$ 45,765.00$
Sub‐contractor Earth Systems 111,553.00$ 0.00% 111,553.00$ ‐$ ‐$
Sub‐contractor Rincon 29,638.00$ 97.58%717.90$ 28,920.10$ 27,853.10$ 1,067.00$
Rincon Phase 1B ‐ Add Service 1 49,680.00$ 94.22%2,872.93$46,807.07$ 39,997.75$ 6,809.32$
Rincon Phase 2 ‐ Add Service 2 62,705.00$ 0.00% 62,705.00$ ‐$ ‐$
Rincon Phase 1B ‐ Add Service 3 91,774.00$ 90.47%8,746.59$83,027.41$ 70,112.86$ 12,914.55$
Reimbursables 9,790.00$ 17.65%8,062.53$1,727.47$ 1,650.94$ 76.54$
Total 804,360.00$ 61.29% 311,387.95$ 492,972.05$ 426,339.65$ 66,632.41$
TOTAL AMOUNT DUE:66,632.41$
SLO City Of Cultrural Arts District Parking Structure
KCEM Project 710100
For Professional Services for the Period:
8/28/2023 ‐ 9/24/2023
Due to the increase in fraudulent activity and cyber theft, please note we have NOT made any changes to our mailing address or ACH
information. If there is a change in the future, you will be contacted by a known Kitchell person. If you need to confirm the payment
information, please reach out to us.
Please Remit Payment to:
1
October 9, 2023
Invoice No.115256
Hourly Current Current Previous Previous Hours Billed
Employee Title Rate Hours Billing Hours Billing To Date To Date
Randy Rominger Project Executive 230.00$ ‐$ 2.00 460.00$ 2.00 460.00$
Tully Wyatt Project Director 230.00$ 1.00 230.00$ 22.00 5,060.00$ 23.00 5,290.00$
Andrew Goh Resident Engineer 205.00$ ‐$ 38.00 7,790.00$ 38.00 7,790.00$
Ryan Stefanek Quality Assurance Manager 170.00$ 178.00 30,260.00$ 1136.50 193,205.00$ 1314.50 223,465.00$
Tally Perry Project Engineer II 130.00$ 117.50 15,275.00$ 617.00 80,210.00$ 734.50 95,485.00$
TOTAL LABOR 296.50 45,765.00$ 1815.50 286,725.00$ 2112.00 332,490.00$
Name Invoice #Billed to Date Previously Billed Current Amount
Rincon Consultants 51338 & 51345 144,321.44$ 125,420.65$ 18,900.79$
TOTAL SUB CONSULTANT 144,321.44$ 125,420.65$ 18,900.79$
Sub Consultant Mark Up 10%1,890.08$
Description Invoice #Billed to Date Previously Billed Amount
ASAP ReproGRaphics 255747 69.58$
TOTAL EXPENSE 516.89$ 447.31$ 69.58$
Expenses Mark Up 10%6.96$
Total Subconsultant & Expense 20,867.41$
Total Labor and Expense 66,632.41$
Labor Detail Summary
Reimbursables Detail Summary
SLO City Of Cultrural Arts District Parking Structure
KCEM Project 710100
8/28/2023 ‐ 9/24/2023
Sub Consultant Detail Summary
2
Kitchell Invoice number 51345 Invoice date 10/05/2023
Page 1 of 3
Rincon Consultants, Inc
180 North Ashwood Avenue
Ventura, CA 93003
805-644-4455
Date: 10/05/2023
Project No: 22-13447
We are committed to providing excellent environmental services and appreciate the opportunity to work with you. Please contact us if
you have any questions about the invoice or the status of our progress.
Sincerely,
RINCON CONSULTANTS, INC.
50487 08/22/2023 2,134.50 2,134.50
51345 10/05/2023 11,740.50 11,740.50
Total 13,875.00 11,740.50 2,134.50 0.00 0.00 0.00
Outstanding Invoices: please note that you have an outstanding balance of $13,875.00 for this project. The following
invoices are outstanding:
Aging Summary
Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120
Kitchell CEM
Ryan Stefanek
2450 Venture Oaks Way
Suite 500
Sacramento, CA 95833
Subject: Transmittal of Invoice # 51345 - Cultural Arts District Parking Structure Project
Dear Ryan Stefanek,
This letter accompanies Rincon Consultants' invoice for the Cultural Arts District Parking Structure Project for the period from 8/1/2023
through 9/30/2023. The invoice amount of $11,740.50 brings our total amount billed to $75,478.88, or approximately 90% of the total
authorized budget of $83,431.00.
Date 10/05/2023
Invoice number 51345Kitchell
22-13447 Cultural Arts District Parking Structure ProjectProject
Kitchell Invoice number 51345 Invoice date 10/05/2023
Page 2 of 3
Project Accountant Hour 0.25 115.00 28.75
GIS/CADD Specialist II Hour 2.25 153.00 344.25
Planner II Hour 1.50 160.00 240.00
Environmental Scientist II Hour 4.75 160.00 760.00
Archaeologist IV Hour 4.50 194.00 873.00
Senior Environmental Scientist I Hour 1.50 218.00 327.00
Senior Environmental Scientist II Hour 11.50 234.00 2,691.00
Sr Supervising Environmental Scien Hour 0.50 268.00 134.00
Professional Fees
Project Management
Production Specialist I Hour 0.25 110.00 27.50
GIS/CADD Specialist I Hour 1.50 138.00 207.00
Environmental Scientist II Hour 9.75 160.00 1,560.00
Senior Environmental Scientist II Hour 7.75 234.00 1,813.50
Professional Fees Totals 3,608.00
Professional Fees
Task Subtotal 3,608.00
Reporting
Admin Assistant/Billing Specialist Hour 1.00 98.00 98.00
Environmental Scientist I Hour 5.00 143.00 715.00
Environmental Scientist II Hour 0.25 160.00 40.00
Senior Environmental Scientist II Hour 5.75 234.00 1,345.50
Sr Supervising Environmental Scien Hour 2.00 268.00 536.00
Professional Fees Totals 2,734.50
Professional Fees
Task Subtotal 2,734.50
Preliminary Tasks
Description Unit /
Basis
Number /
Cost
Rate /
Markup
Billed
Amount
Rincon Consultants, Inc
180 North Ashwood Avenue
Ventura, CA 93003
805-644-4455
Invoice Period from 8/1/2023 through 9/30/2023
Project Manager: Alex Cruz
Kitchell CEM
Ryan Stefanek
2450 Venture Oaks Way
Suite 500
Sacramento, CA 95833
Invoice No:51345
Invoice Date:10/05/2023
Due Date:10/20/2023
INVOICE
Project Number:22-13447
Project Name:Cultural Arts District Parking
Structure Project
Date 10/05/2023
Invoice number 51345Kitchell
22-13447 Cultural Arts District Parking Structure ProjectProject
Kitchell Invoice number 51345 Invoice date 10/05/2023
Page 3 of 3
Professional Fees Totals 5,398.00
Task Subtotal 5,398.00
Project Management
Description Unit /
Basis
Number /
Cost
Rate /
Markup
Billed
Amount
Invoice Total 11,740.50
Description Amount
Total This Invoice $11,740.50
Previous Billings $63,738.38
Total Billings $75,478.88
Total Budget $83,431.00
Remaining Budget $7,952.12
Remaining Budget %9.53%
Thank you for selecting Rincon Consultants.
Kitchell Invoice number 51338 Invoice date 10/05/2023
Page 1 of 4
Rincon Consultants, Inc
180 North Ashwood Avenue
Ventura, CA 93003
805-644-4455
Kitchell
Ryan Stefanek
2450 Venture Oaks Way
Suite 500
Sacramento, CA 95833
Subject: Transmittal of Invoice # 51338 - Cultural Arts District Parking Structure
Project
Dear Ryan Stefanek,
Date:10/05/2023
Job No:22-13447
During this period, Rincon worked on the following tasks:
We are committed to providing excellent environmental services and appreciate the opportunity to work
with you. Please contact us if you have any questions about the invoice or the status of our progress.
Sincerely,
RINCON CONSULTANTS, INC.
50486 08/22/2023 7,181.50 7,181.50
51338 10/05/2023 7,160.29 7,160.29
Total 14,341.79 7,160.29 7,181.50 0.00 0.00 0.00
Outstanding Invoices: please note that you have an outstanding balance of $14,341.79 for this project. The following
invoices are outstanding:
Aging Summary
Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120
- Project management including project communication and coordination
- Archaeological monitoring
- APCD permit coordination
This letter accompanies Rincon Consultants' invoice for the Cultural Arts District Parking Structure Project for the period from
8/1/2023 through 9/30/2023.The invoice amount of $7,160.29 brings our total amount billed to $68,842.56 or approximately 100% of
the total authorized budget of $68,843.00
Date 10/05/2023
Invoice number 51338Kitchell
22-13447 Cultural Arts District Parking Structure ProjectProject
Kitchell Invoice number 51338 Invoice date 10/05/2023
Page 2 of 4
INVOICE
Archaeologist IV Hour 6.25 194.00 1,212.50
Task 5.3: Extended Phase 1 Reporting
Admin Assistant/Billing Specialist Hour 1.00 98.00 98.00
Production Specialist I Hour 1.00 110.00 110.00
Project Accountant Hour 1.25 115.00 143.75
Environmental Scientist I Hour 4.75 143.00 679.25
GIS/CADD Specialist II Hour 0.93 153.00 142.29
Environmental Scientist II Hour 1.50 160.00 240.00
Environmental Scientist IV Hour 4.00 194.00 776.00
Senior Environmental Scientist I Hour 0.50 218.00 109.00
Supervisor Environmental Scientist Hour 7.77 250.00 1,942.50
Sr Supervising Environmental Scien Hour 2.75 268.00 737.00
Task Subtotal 4,977.79
Task 5.2: Extended Phase 1 Fieldwork
Task 5: Extended Phase 1 Testing Subtotal 6,190.29
Task 5: Extended Phase 1 Testing
Archaeologist IV Hour 5.00 194.00 970.00
Task 2 Nesting Bird Surveys and Reporting
Task 2: Nesting Bird Surveys and Reporting Subtotal 970.00
Task 2: Nesting Bird Surveys and Reporting
Invoice Total 7,160.29
Rincon Consultants, Inc
180 North Ashwood Avenue
Ventura, CA 93003
805-644-4455
Invoice Period from 8/1/2023 through 9/30/2023
Project Manager: Alex Cruz
Kitchell CEM
Ryan Stefanek
2450 Venture Oaks Way
Suite 500
Sacramento, CA 95833
Invoice No:51338
Invoice Date:10/05/2023
Due Date:10/20/2023
Project Number:22-13447
Project Name:Cultural Arts District Parking
Structure Project
Description Unit Number Rate Amount
Date 10/05/2023
Invoice number 51338Kitchell
22-13447 Cultural Arts District Parking Structure ProjectProject
Kitchell Invoice number 51338 Invoice date 10/05/2023
Page 3 of 4
Thank you for selecting Rincon Consultants.
Description Amount
Total This Invoice $7,160.29
Previous Billings $61,682.27
Total Billings $68,842.56
Total Budget $68,843.00
Remaining Budget $0.44
Remaining Budget %0.00%
Date 10/05/2023
Invoice number 51338Kitchell
22-13447 Cultural Arts District Parking Structure ProjectProject
Kitchell Invoice number 51338 Invoice date 10/05/2023
Page 4 of 4
San Luis O~ispo:
3121 S. Higuera, San Luis Obispo, CA 93401
Tel: (805) 543-3144
Morro Bay:.
365 Quintana Rd, Morro Bay, CA 93442
Tel: (805) 772-3540
PrlnUng for Professionals by Professionals
Bill To
Tally Richtsmeier
Kitchell CEM, Inc.
1304 Broad Street
San Luis Obispo, California 93401
8015572289
Products
NOTICE
Parldng Lot
Pennanenlly
CLOSED
~
Sept 5,2023
For c:onslwdlon of tlie
~ CullLNal MG D.iWic:I
Parking SlrilctlJl"e ,.,_ ............. ------
Payment/Shipping
Product Information
Coroplast Yard Signs
Size : (24 Width x 36 Height (Inch))
Width (Inch) : 24
Height (Inch) : 36
Material : 4 mil White Corrugated Plastic
Color : 4/0 (Full Color Front Side)
Grommets : Grommets 4 Corners
H-Stakes : No H-Stakes
Custom Shapes : No Contour Cutting
Turnaround Time : Next Day Turnaround
PDF Proof : No PDF Proof, Process As Is
Payment Method : On Account•
Shipping Method : Local Pickup From Store
( ASAP Reprographics -San Luis Obispo )
Page 1 / 1
Account Number: 2312
Invoice#:
Date:
Est. Delivery Date
Ship To
255747
08-21-2023
08-25-2023
ASAP Reprographics -San Luis Obispo
3121 South Higuera, Ste. D
SAN LUIS OBISPO, California 93401
(805) 543-3144
Qty
2
Subtotal:
Shipping & Handling :
Discount:
Tax:
Invoice Total :
Price
$ 63.98
$ 63.98
$ 0.00
$ 0.00
$ 5.60
$ 69.58
Capital Expenditure Managers
October 11th, 2023
Ms. Madeline Kacsinta, Project Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Additional Services Fee Proposal – Cultural Arts District Parking Structure Allowance for
Archeological, Paleontological, and Environmental Field Monitoring.
Dear Ms.Kacsinta:
Congratulations on the progress made toward the much-anticipated Cultural Arts District Parking Structure,
with the phase 2 contract being approved by the City Council!
In response to the request from the City, Kitchell has collaborated with Rincon and engaged their services for
additional field monitoring for Archaeological, Paleontological, and Environmental oversight. These services
are needed anytime native soils are disturbed on the project site, in accordance with the Soils Management
Plan and the Monitoring and Mitigation Plan for the CADPS project.
The attached proposal from Rincon details the scope of work and pricing for the additional services needed
for field monitoring. As discussed earlier, the rates from Rincon are fully burdened, and we suggest invoicing
the monitoring and reporting based on the sub-consultant billings, with a 10% markup by Kitchell. Days
worked will be tracked and confirmed by Kitchell’s onsite staff, and billing against this allowance will be
submitted monthly
Phase 2 – On-Call Archaeological Monitoring ……………………………………..… $2,200 Per Day
Phase 2 – On-Call Environmental Monitoring ………………………………................$2,200 Per Day
Phase 2 – Allowance for 108 days of additional Monitoring of either
Archaeological or Environmental Monitoring ……………………….……...$237,600.00
Total Not-to-Exceed Additional Services Fee: $ 237,600.00
We appreciate the opportunity to serve the City of San Luis Obispo in successfully delivering the vital
Cultural Arts District Parking Structure project.
Sincerely,
Randy Rominger
Regional Executive
Enclosures:
1) Rincon’s Proposal Dated 9/29/23
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
805-547-0900
www.rinconcons ultan ts.com
September 29, 2023
Rincon Project No. 22-13447
Tully Wyatt, Senior Project Manager
Kitchell
1540 Marsh Street, Suite 150
San Luis Obispo, California 93401
Via email: twyatt@kitchell.com
Subject: Proposal to Provide Monitoring Services for the Cultural Arts District Parking Structure
Project, San Luis Obispo, California
Rincon Consultants, Inc. (Rincon) is pleased to provide on-call monitoring services. As requested,
Rincon is providing a fully burdened half day (up to 4 hours) and day rate (up to 8 hours) inclusive of
onsite labor, expenses, and management for the project. On call monitoring services are detailed
below.
Scope of Work
On-Call Archaeological Monitoring
Rincon will provide an archaeologist to observe project-related ground disturbing activities. Monitors
will observe soil disturbances, inspect exposed soils, and will re-direct equipment in the event potential
resources are encountered. The monitor will conduct a cursory inspection of any discoveries; however,
in the event resources potentially significant under CEQA are encountered, they may require further
investigation beyond the scope of work described here. Each monitor will prepare daily monitoring logs
that include a description of construction activities, hours on site, soil parameters (color, grain size,
sediments, presence of paleosols, etc.), and cultural materials identified, if any. The monitoring logs
will be reviewed as necessary by a Rincon senior archaeologist and filed within Rincon’s San Luis
Obispo office. Monitors will be billed at a minimum of $1200 half day rate per workday or when work
is cancelled with less than 24 hours’ notice. A $2000 day rate will be charged for work conducted on
site. This day rate includes 8 hours of monitoring (up to 8 hours on site), up to 2 hours of travel,
anticipated mileage, and management time for coordination and monitoring log creation. If required,
the archaeologist will be 40-hour HAZWOPER trained. This scope and cost does not include analysis,
preparation, or documentation of identified cultural resources discovered during monitoring. Nor does
it include the preparation of a monitoring report. Rincon assumes no cultural resources will be
encountered during monitoring. A scope and budget augmentation will be requested to address finds
during monitoring. Table 1 outlines the cost below.
If human remains are unearthed, State Health and Safety Code Section 7050.5 requires that no
further disturbances shall occur at the location of the find until the County Coroner has made the
necessary findings regarding origin and disposition pursuant to Public Resources Code Section
5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours
to notify the Native American Heritage Commission (NAHC).
Kitchell
Proposal to Provide Monitoring Services for the Cultural Arts District Parking Structure Project
2
On-Call Excavation Environmental Monitoring
Rincon will provide an environmental scientist to conduct excavation monitoring during earthwork in
soil potentially classified as non-RCRA hazardous waste. Excavation monitoring will be performed in
accordance with project’s Soil Management Plan (SMP) and the San Luis Obispo County Air Pollution
Control District permit. For budgetary purposes, this proposal includes a $1200 half day rate for any
time on site up to 4 hours or when work is cancelled with less than 24 hours’ notice. A $2000 day rate
will be charged for work conducted on site. This day rate includes 8 hours of monitoring (up to 8 hours
on site), up to 2 hours of travel (10 hours total time), anticipated mileage, management time for
coordination, and equipment calibration and preparation. Mobilization and demobilization time
consists of equipment preparation, sample management, travel to and from the site, and other
management tasks required to perform the monitoring activities. The vehicle, equipment, and supplies
day rate include a photoionization detector, x-ray fluorescence (XRF) field meter, hydrogen sulfide
meter, vehicle, and sampling supplies. Table 1 outlines the cost below.
Assumptions
Rincon makes the following assumptions:
Archaeological and environmental monitors will be billed at a minimum of $1200 for the fully
burdened half day rate per workday or when work is cancelled with less than 24 hours’ notice.
The fully burdened archaeological and environmental monitoring day rate includes 8 hours of
monitoring (up to 8 hours on site), up to 2 hours of travel, anticipated mileage, and management
time for coordination and monitoring log creation.
If Rincon is requested to conduct additional work outside of the scope of this proposal, such as,
but not limited to, site meetings due to unanticipated conditions or findings, or any other work not
described in the fully burdened rates, a budget augment will be required.
Kitchell will only be billed in the event that a monitor is needed.
Rincon will invoice Kitchell on a monthly basis. Monitoring fees will be billed on a half or daily basis,
and a summary of the number of monitoring days will be provided on the invoice.
Table 1 Rate Summary
Task Estimated Cost
Task 1 On-Call Archaeological Monitoring
Half Day Rate $1,200
Day Rate $2,000
Task 2 On-Call Excavation Monitoring
Half Day Rate $1,200
Day Rate $2,000
Kitchell
Proposal to Provide Monitoring Services for the Cultural Arts District Parking Structure Project
3
Thank you for your consideration and for this opportunity to support your project. If you have any
questions regarding this proposal, please contact Alex Cruz at 916-905-2683 or
acruz@rinconconsultants.com, or Dustin Merrick at 805-762-4064 or
dmerrick@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Dustin Merrick, MA, RPA
Archaeologist/Project Manager
Christopher Duran, MA, RPA
Senior Archaeologist/Principal
Alex Cruz
Senior Environmental Geologist
Julie Doane-Allmon
Senior Supervising Geologist
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_________________ by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and KITCHELL CEM, INC., hereinafter referred
to as Consultant.
W I T N E S S E T H
WHEREAS, on July 28, 2022, requested proposals for Resident Engineer and
Construction Management Services, Cultural Arts District Parking Structure, City Project
Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was
accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is
made and entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may, at the time of acceptance of the work, waive liquidated damages that may have
accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may
notify the Consultant in writing of such defect or failure to perform. This notice must give
the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Consultant's
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
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1/5/2023 | 8:53 AM PST
the City's Notice of Termination, minus any offset from such payment representing the
City's damages from such breach. "Reasonable value" includes fees or charges for goods
or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based
solely on the City's assessment of the value of the work-in-progress in completing the
overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as t o
permit a full and complete accounting of costs. In no event, however, shall the Consultant
be entitled to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the
contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a
determination by the Director that termination of the contract is in the best interest of the
City. Upon termination notice from the City, Consultant must, unless otherwise directed,
cease work and follow the City’s directions as to work in progress and finished goods.
For termination of any services pursuant to this Agreement, the City’s liability will be the
lesser of a reasonable price for the services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be
approved in writing by the City. For any sub-contract for services in excess of $25,000,
the subcontract shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract
to any individual or business entity of any kind without the previous written consent of the
City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with
the requirements and intentions of this contract. All work done and all materials furnished,
if any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various
laws and regulations as well as performance of the contract, the Consultant and sub -
consultants shall maintain all books, documents, papers, accounting records and other
evidence pertaining to the performance of the contract, including but not limited to the cost
of administering the contract. Materials shall be made available at their respective offices
at all reasonable times during the contract period and for three years from the date of final
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payment under the contract. Authorized representatives of the City shall have the option
of inspecting and/or auditing all records. For Federally funded projects, access to records
shall also include authorized representatives of the State and Federal government.
Copies shall be furnished if requested.
10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or
any ensuing City construction project. The Consultant shall also list current clients who
may have a financial interest in the outcome of this contract, or any ensuing City
construction project which will follow. The Consultant staff shall provide a Conflict of
Interest Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any
interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub-consultant or person having such an interest shall be
employed. The Consultant certifies that no one who has or will have any financial interest
in performing this work is an officer or employee of the City. It is hereby expressly agreed
that, in the performance of the work hereunder, the Consultant shall at all times be
deemed an independent Consultant and not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that
this contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of
the warranty, the City shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this
contract that no person or selling agency has been employed, or retained, to solicit or
secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed
of and shall observe and comply with all applicable state and federal laws and county and
City of San Luis Obispo ordinances, regulations and adopted codes during its
performance of the work. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of
construction, including but not limited to, inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
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15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and
licenses, pay all charges and fees, and file all notices as they pertain to the completion of
the Consultant’s work. The City will pay all application fees for permits required for the
completion of the project including building and regulatory permit application fees.
Consultant will provide a 10 day notice for the City to issue a check.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant's operations, it shall be
replaced or restored at the Consultant's expense. The facilities shall be replaced or
restored to a condition as good as when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-
consultants engaged for the performance of this work that only persons authorized to work
in the United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this
work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as
it may employ, to engage in discrimination in employment of persons on any basis
prohibited by State or Federal law.
21. Accuracy of Specifications. The specifications for this project are believed by the City
to be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all
sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that
could easily have been ascertained by examining either the project site or accurate test
data in the City's possession. Although the effect of ambiguities or defects in the
specifications will be as determined by law, any patent ambiguity or defect shall give rise
to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity
or defect shall be considered patent if it is of such a nature that the Consultant, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the
existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -
consultants to notify City in writing of specification defects or ambiguities prior to proposal
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submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall
not be liable for costs incurred by the successful Consultant to achieve the project’s
objective or standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual
or alleged ambiguity or defect in the specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all sub-
consultants shall continue to perform, irrespective of whether or not the ambiguity or
defect is major, material, minor or trivial, and irrespective of whether or not a change order,
time extension, or additional compensation has been granted by City. Failure to provide
the hereinbefore described written notice within one (1) working day of Consultant's
becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right
to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code
Section 2783, this paragraph shall apply in place of paragraph A. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections
2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City,
and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal counsels’ fees and
costs of litigation (“claims”), to the extent caused by the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the
operations conducted by Consultant, except for such loss or damage arising from
the active negligence, sole negligence or willful misconduct of the City. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City’s option, reimburse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) The review, acceptance or approval of the Consultant’s work or work product by
any indemnified party shall not affect, relieve or reduce the Consultant’s
indemnification or defense obligations. This Section survives completion of the
services or the termination of this contract. The provisions of this Section are not
limited by and do not affect the provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed
in this proposal from other consultants during the contract term.
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24. Standards. Documents shall conform to City Standards and City furnished templates
shall be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped
and signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items
necessary to provide the work scope outlined in the Request for Proposal, incorporated
herein by reference and attached hereto as Exhibit A. City staff will review any documents
or materials provided by the Consultant and, where necessary, the Consultant will
respond to staff comments and make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership
and title to all reports, documents, plans, specifications, and estimates produced as part
of this contract will automatically be vested in the city and no further agreement will be
necessary to transfer ownership to the City. The Consultant shall furnish the City all
necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine readable form, are intended for one-time use in the construction of
the project for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected
with the modification, or misuse by the City of the machine-readable information and data
provided by the Consultant under this agreement. Further, the Consultant is not liable for
claims, liabilities, or losses arising out of, or connected with any use by City of the project
documentation on other projects, except such use as may be authorized in writing by the
Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or serv ices
under these specifications shall be the property of City and shall not be made available to
any individual or organization by the Consultant without the prior written approval of the
City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working"
meetings with staff as necessary in performing workscope tasks.
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31. Requests for Review. The Consultant shall respond to all requests for submittal review
or contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the project scoping meeting, the
Consultant shall submit a proposed workscope, compensation and schedule within 10
working days. The cost proposal shall include all costs including miscellaneous direct
cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized
by project work phase or, in the case of on-call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed the individual
agreed upon project fee. Should the Consultant’s designs, drawings or specifications
contain errors or deficiencies, the Consultant shall be required to correct them at no
increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as
agreed to on a project by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and
fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and
vehicle cost that have been identified and are attached to this agreement. The
Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel
Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval
by the City of an original invoice and acceptance by the City of the materials, supplies,
equipment or services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact
arising under this contract that is not disposed of by agreement shall be decided by a
committee consisting of the City’s Project Manager and the City Director of Public Works,
who may consider written or verbal information submitted by the Consultant. Not later
than thirty days after completion of all deliverables necessary to complete the p lans,
specifications and estimate, the Consultant may request review by the City Council of
unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals
Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later
than 30 days after issuance of the final audit report, the Consultant may request a review
by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must
be submitted in writing.
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Neither the pendency of a dispute, nor its consideration by the City will excuse the
consultant from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled
“Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs” when project work is for a federally funded project. In
order to ensure the State Department of Transportation achieves its federally mandated
statewide overall DBE goal, the City encourages the participation of DBEs as defined in
49 CFR 26 in the performance of this agreement. The City will make a determination on
a project by project basis for reasonably expected DBE participation to compete for the
sub-consulting opportunities in this agreement. The Consultant is responsible to be fully
informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded projects, maintain records of DBE usage and complete and submit to the
City the final report of DBE utilization prior to receiving final payment. Records shall show
the name and business address of each DBE and the total dollar amount actually paid to
each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award
and administration of US DOT assisted agreements. Failure by the Consultant to carry
out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: Randy Rominger
1540 Marsh Street
Stan Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM
dated July 28, 2022, Consultant's proposal dated September 1, 2022, and Consultant’s
Revised Fee Proposal dated November 9, 2022, are hereby incorporated in and made a
part of this Agreement and are attached hereto as Exhibits A, B, and C respectively.
Should there be any conflict between terms set forth in the City Request for Proposals
Specification No. 90435-CM and Consultant’s proposal dated September 1, 2022, or
Revise Fee Proposal dated November 9, 2022, the terms in this agreement and City
Request for Proposals Specification No. 90435-CM will govern.
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40. Amendments. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Engineer.
41. Working Out of Scope. If, at any time during the project, the consultant is directed to
do work by persons other than the City Project Manager and the Consultant believes that
the work is outside of the scope of the original contract, the Consultant shall inform the
Project Manager immediately. If the Project Manager and Consultant both agree that the
work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing
rates or a lump sum price agreed upon between the City and the Consultant. Any extra
work performed by Consultant without prior written approval from the City Project Manager
shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto. For and
in consideration of the payments and agreements hereinbefore mentioned to be made
and performed by City, Consultant agrees with City to do everything required by this
Agreement, the said specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Kitchell CEM, Inc.
_______________________________
Matt Horn, Director of Public Works Wendy Cohen
President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
________________________________
Randy Rominger
Principal-in-Charge
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EXHIBIT A
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REQUEST FOR PROPOSALS
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
CITY PROJECT NO. 90435-CM
July 2022
The City of San Luis Obispo (City) is currently soliciting proposals for Resident Engineer and
Construction Management Services for its Cultural Arts District Parking Structure Project.
Each proposal must specify each and every item as set forth in the attached specifications. Any and
all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications
without taking exception may be grounds for rejection. The City reserves the right to reject any and all
proposals and to waive any irregularity or informality in any proposal or in the RFP process, as long as,
in the judgment of the City, such action will not negate fair competition and will permit proper
comparative evaluation of the proposals submitted.
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the
City. Any addenda will be posted on the website. Prospective proposers must check the website for
addenda or other relevant new information during the response period. The City is not responsible for
the failure of any prospective proposer to receive such addenda. All addenda so issued will become a
part of this RFP.
If your firm is interested and qualified, please submit the following in separately sealed envelopes plainly
marked with the proposal title, specification number, Consultant name, and time and date of the
proposal opening. All proposals must be submitted to the front counter at the Public Works Department,
919 Palm Street, by, 2:00 p.m. on September 1st, 2022.
If you have any questions about the proposal process, please contact the Engineer directly.
MANUEL GUZMAN
Construction Engineering Manager
mguzman@slocity.org
EXHIBIT A
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Table of Contents
I. INTRODUCTION ..............................................................................................4
PURPOSE ............................................................................................................................................... 4
PROJECT LOCATION ........................................................................................................................... 4
BACKGROUND ...................................................................................................................................... 4
CONSTRUCTION CONTRACT DURATION .......................................................................................... 5
II. SCHEDULE AND SUBMITTAL ............................................................................6
A. RFP SCHEDULE .................................................................................................................................... 6
B. PROPOSAL SUBMITTAL ....................................................................................................................... 6
III. GENERAL INSTRUCTIONS ................................................................................7
A. CITY RIGHTS & OPTIONS ..................................................................................................................... 7
B. CHANGES TO THE RFP ........................................................................................................................ 8
C. COMMUNICATIONS ............................................................................................................................... 8
D. INSURANCE ........................................................................................................................................... 9
E. EXCEPTIONS & DEVIATIONS ............................................................................................................. 10
F. AWARD AND STANDARD AGREEMENT ........................................................................................... 10
G. PREVAILING WAGE............................................................................................................................. 10
H. FAIR EMPLOYMENT PRACTICE ........................................................................................................ 10
I. PROTEST OF AWARD ......................................................................................................................... 11
IV. PROPOSAL FORMAT ...................................................................................... 12
COVER LETTER ................................................................................................................................... 12
FIRM QUALIFICATIONS ...................................................................................................................... 12
ORGANIZATION AND APPROACH ..................................................................................................... 12
SCOPE OF WORK ............................................................................................................................... 13
CONTRACT AGREEMENT .................................................................................................................. 13
REFERENCES ...................................................................................................................................... 13
FEE PROPOSAL .................................................................................................................................. 13
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION ............................................................... 14
V. CONSULTANT EVALUATION & CONTRACT AWARD ........................................ 15
PROPOSAL RESPONSIVENESS ........................................................................................................ 15
EVALUATION PROCEDURES ............................................................................................................. 15
CONTRACT AWARD ............................................................................................................................ 16
VII. APPENDICIES ................................................................................................. 17
APPENDIX A – SCOPE OF SERVICES ......................................................................... 17
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APPENDIX B – VICINITY MAP .................................................................................. 23
APPENDIX C – SAMPLE CONTRACT ......................................................................... 24
APPENDIX D – QUALITY ASSURANCE PROGRAM .................................................... 34
APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 35
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 36
APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM ............... 37
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN ............... 37
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE ........................................ 38
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VI. INTRODUCTION
PURPOSE
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient
information regarding the resident engineer and construction management services the City of San
Luis Obispo Department of Public Works (City) is seeking for its Cultural Arts District Parking
Structure Project (Project). This information is intended to enable interested parties to prepare and
submit proposals for a single construction management and resident engineer team to manage the
construction for this Project. See Scope of Services attached as Appendix A.
PROJECT LOCATION
The Project is located on the corner of Palm Street and Nipomo Street. See Vicinity Map Attached
as Appendix B.
BACKGROUND
The proposed scope is to provide construction management and resident engineer services to
manage the Cultural Arts District Parking Structure Project. It is anticipated that a single team will
work together to manage the demolition of an existing parking lot and buildings (the “Existing Site”)
and construction of a new cast-in-place parking facility consisting of at least 399 parking spaces
(the “Cultural Arts District Parking Structure”) in downtown San Luis Obispo (the “Project”). Two
future buildings are planned immediately adjacent to the Cultural Arts District Parking Structure: a
“liner building” along the Nipomo Street frontage and part of the Palm Street frontage; and a theater
at the corner of Monterey and Nipomo Streets. Although neither of these buildings are part of this
scope of work, they both have some shared access points and utilities that need to be coordinated
as a part of this Project.
The Project will be constructed in phases, under separate construction contracts, as follows:
1. Phase 1A: Dry Utility Undergrounding. This Project will underground PG&E and telecom
facilities crossing the site. Note: This contract inspection and management will not be part
of this work scope.
2. Phase 1B: Cultural Arts District Parking Structure On-Site Improvement Plans. Phase
1 includes site structure and parking lot demolition, grading, and permanent shoring work in
preparation for garage construction in Phase 2.
3. Phase 2: Cultural Arts District Parking Structure. Phase 2 includes vertical construction
of the parking structure, including frontage improvements and utility work.
Phase 1B: On-Site Improvements, generally consists of:
1) Demolition and disposal of three residential lots and structures located at 633 Palm Street,
610 Monterey Street, and 614 Monterey Street
2) Demolition and site clearing of existing asphalt parking lot, including paving, landscaping,
meters, and miscellaneous improvements.
3) Grading of pad area for Phase 2
4) Construction of permanent shoring along the north-east property line.
5) Existing tree protection.
Phase 2: Cultural Arts District Parking Structure, generally consists of:
1) A new five-level cast-in-place parking structure with an approximately 32,000sf footprint
(approximately 163,000sf gross), and approximately 399 total parking spaces.
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a. Level 1 (the ground floor) consists of standard parking, accessible parking, EV
parking, and bicycle parking.
b. Level 2 consists of standard parking, accessible parking, and EV parking.
c. Level 3 and Level 4 consist of standard parking and accessible parking.
d. Level 5 (the roof deck) consists of standard parking and accessible parking, with
photovoltaic overhead panels.
e. Two elevators.
f. Automated revenue/payment system.
2) On-site and off-site improvements including:
a. Off-site road improvements including new bulb-outs and decorative crosswalks and
intersections.
b. Construction of curb, gutter, driveway aprons, and sidewalk.
c. Underground utilities and stormwater chambers.
d. Pedestrian entry plazas (temporary where installed with future SLOREP Theatre
Improvements).
e. Planting and irrigation.
Note that the Phase 2 contract will include provisions for the contractor to provide an office space
and a conference room for the construction management team and provide electricity, phone,
internet, water and sanitation services.
CONSTRUCTION CONTRACT DURATION
Phase 1B of the Project is planned to begin construction in Spring 2023 and last for approximately
6 months, not including contract close-out.
Phase 2 of the Project is planned to begin construction in Fall 2023 and last for approximately 23
months, not including contract close-out.
The above durations only reflect anticipated duration of the construction contract work and must
be appropriately accounted for in the proposal. As part of the proposal, a general review of
construction contract duration may be performed at the proposing firm’s option.
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VII. SCHEDULE AND SUBMITTAL
A. RFP SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates
for the Proposal Submission Deadline, or Interviews will be advertised in the form of an addendum
to this RFP. The schedule for other milestones dates may be adjusted without notice.
RFP Schedule Date
Issued July 30, 2022
Proposal Submission Date September 1st, 2022, at 2:00 PM
Evaluation of Proposals Previous + 4 Weeks
Top 3 Ranked Consultants Interviewed Previous + 2 Weeks
Finalize Staff Recommendation Previous + 1 Week
Award by Public Works Director Previous + 1 Week
Notice to Proceed 1 day from Award
B. PROPOSAL SUBMITTAL
If your firm is interested and qualified, please submit a proposal in a sealed envelope by 2:00 p.m.
on September 1st, 2022. The proposal must be a maximum of 15 pages total, not including staff
resumés and fee proposal (see Section IV.G for fee proposal requirements).
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VIII. GENERAL INSTRUCTIONS
A. CITY RIGHTS & OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street,
in sealed envelopes no later than 2:00 p.m. on September 1st, 2022. Late proposals will
not be considered.
2. All costs incurred in the preparation and submission of proposals and related
documentation will be borne solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and
recommend the most qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated
with the consultant. Upon successful contract negotiations, staff will recommend a contract
be awarded.
5. Consultant fees will be negotiated with the selected firm and finalized prior to the award of
contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition,
this RFP does not commit the City to negotiate a contract. The issuance of this RFP does
not constitute an agreement by the City that any subsequent selection processes will occur,
or that any contract will be entered into by the City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or
interview without restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part,
received by reason of this request, and make more than one award, or no award, as the
best interests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive
property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal
which, in the judgment of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the
requirements and specifications contained in this Request for Proposal. All information
presented in a proposer’s proposal will be considered binding upon selection of the
successful proposer, unless otherwise modified and agreed to by the City during
subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of
services and approve or disapprove the use of all sub-consultants.
13. The contract will expire upon full completion of the scope of work.
14. Under the provisions of the California Public Records Act (the “Act”), Government Code
section 6252 et seq., all “public records” (as defined in the Act) of a local agency, such as
the City, must be available for inspection and copying upon the request of any person.
Under the Act, the City may be obligated to provide a copy of any and all responses to this
RFP, if such requests are made after the contract is awarded. One exception to this
required disclosure is information which fits within the definition of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other
data whose public disclosure could cause injury to the proposer’s competitive position. If
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any proposer believes that information contained in its response to this RFP should be
protected from disclosure, the proposer MUST specifically identify the pages of the
response that contains the information by properly marking the applicable pages and
inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*)
contain technical or financial information, which are trade secrets, or
information for which disclosure would result in substantial injury to the
proposer’s competitive position. Proposer requests that such data be used
only for the evaluation of the response but understands that the disclosure
will be limited to the extent the City considers proper under the law. If an
agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise
obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as
proprietary. If there is any dispute, lawsuit, claim or demand as to whether information within
the response to the RFP is protected from disclosure under the Act, proposer shall
indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim or
demand.
15. The proposing firm warrants that no official or employee of the City has an interest, has
been employed or retained to solicit or aid in the procuring of a contract resulting from this
RFP, if any, and further warrants that such person will not be employed in the performance
of such contract without immediate written notice to the City.
16. Firms submitting a proposal shall warrant that their offer is made without any previous
understanding, agreement, or connection with any person, firm, or corporation submitting
a separate proposal for the same Project and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action. This condition will not apply to proposals which
are submitted by firms who have partnered with others to submit a cooperative proposal
that clearly identifies a primary contractor and the associated sub-contractors.
17. Unforeseen additional items and/or services may be required. The City therefore reserves
the right to negotiate with the successful proposer for additional items and/or services
beyond what is described in Appendix A to be added to the final contract.
B. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
the City. Any addenda will be posted on the website. Prospective proposers must check the
website for addenda or other relevant new information during the response period. The City is not
responsible for the failure of any prospective proposer to receive such addenda. All addenda so
issued will become a part of this RFP. Any proposer who has already submitted their proposal and
desires to make corrections, may remove and replace their proposal up to the date and time for
which this RFP closes.
C. COMMUNICATIONS
All communications concerning this RFP must be directed to mguzman@slocity.org. All other
communication is not binding and will in no way modify the RFP or the obligations of the City. All
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questions will receive a response within five (5) business days.
The proceedings of the Selection Committee are confidential, and members of the Selection
Committee are not to be contacted by the proposers. After the solicitation has closed, proposers
can request to view the RFP award information. Any questions and requests for information must
be addressed to the Engineer.
D. INSURANCE
The Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, employees or
subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20
10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as
determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this Project /location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Professional / Errors and Omissions Liability: $2,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this Project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be end orsed to 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. The Consultant agrees to notify the City in the event that the policy is suspended,
voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified
mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability
and automobile liability coverage required by this clause must also be provided. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
E. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the
proposal submitted by the proposer. The City may waive any immaterial deviation or defect in a
proposal.
F. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within sixty (60) days after the date of the RFP closing.
The successful proposer is expected to execute a contract reflecting the template in Appendix C.
This sample contract is for reference to the anticipated terms and conditions governing the City and
the successful proposer. The proposer must take exception in their proposal to any section of the
attached contract they do not agree with. Failing to do so will be deemed as acceptance by the
proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole
discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached
contract. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL, IT IS ADVISED
THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS
IN THE ATTACHED SAMPLE CONTRACT.
G. PREVAILING WAGE
A portion of this work is prevailing wage work. For any work proposed by the prime consultant or
a subconsultant (any tier) under this contract, in accordance with Labor Code Section 1720 et seq.,
employees must be paid at least the prevailing rate wages for public works performed on the Project
. Prime consultant and any applicable subconsultant (any tier) must register with the Department
of Industrial Relations (DIR) prior to contract award, must remain registered for the entire term of
the contract, and must submit certified payroll records to DIR at least monthly for such work.
Firms can register at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
H. FAIR EMPLOYMENT PRACTICE
The Consultant and all subconsultants must comply with all laws and regulations governing
nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair
Employment and Housing Act (California Government Code Section 129000 et seq.), and the
applicable regulations promulgated thereunder Title 2, Division 4.1, Chapter 5 of the California
Code of Regulations Section 11000 et seq.
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The Consultant, with regard to the work performed by them during the Contract, must not
discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status of any
person in employment or the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
I. PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local
procurement laws.
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IX. PROPOSAL FORMAT
A qualifying proposal must address all the following points and shall be in the format outlined in this
section. The technical proposal will be a maximum of 15 pages total, not including staff resumés.
COVER LETTER
The cover letter will be addressed to:
Manuel Guzman
Construction Engineering Manager
The letter must be on proposer’s letterhead and include the proposer’s contact name, mailing
address, telephone number and email address. The letter will address the proposer’s
understanding of the services being requested and any other pertinent information the proposer
believes should be included.
The name, address, telephone number, and email address of the person authorized to represent
the firm with respect to all notices, negotiations, discussions, and other communications relating to
this proposal, to any negotiation relating to the contract should be included in the letter.
The letter must be signed by the individual authorized to bind the Consultant to the representations,
commitments, and statements in the proposal.
FIRM QUALIFICATIONS
The City will only consider proposals that demonstrate firms have successfully completed
comparable Project s. These Project s must illustrate the quality, type, and past performance of
the Project team. Submittals must include a detailed description of a minimum of three (3) Project
s within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager and contact information
3. Contract amount
4. Date of contract
5. Date of completion
6. Consultant Project Manager and contact information
7. Consultant Resident Engineer and contact information
8. Project Objective
9. Project Outcome: include original construction contract amount and final amount.
ORGANIZATION AND APPROACH
1. Provide an organizational chart identifying the Project manager for the work and each key
person who would be assigned to carry out the work and their respective roles in performing
the work – specifically the Resident Engineer(s) and any Assistant Resident Engineers,
inspectors, materials sampling and testing, other key support or contract administration
staff. Provide a separate description of the experience and qualifications of the Project
manager and each key person, including a summary of experience on similar Project s.
Resumés should be included for all key individuals as an appendix to the submittal.
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2. Describe your Project and management approach. Provide a detailed description of how
the team and scope of work will be managed.
3. A list of no more than three references for the consultant and no more than three references
for each subconsultants, including the names, addresses and telephone numbers of recent
related clients/Project s, preferably other public agencies and a listing of the specific Project
s and key individuals that have participated in them. Include the dollar amount related to
the participation. Identify how much experience the firm and subconsultant has had with
public agencies.
4. Describe your cost control and budgeting methodology for this Project.
5. Provide responses to the following:
a. Describe critical construction related issues associated with the Project and how you will
address these.
b. Describe critical environmental issues and how you will address these.
c. Describe how cost and schedule for the construction contract and your scope of work
could be minimized.
SCOPE OF WORK
This section should establish that the proposer understands the City’s objectives and requirements,
demonstrate the proposer’s ability to meet those requirements and outline clearly and concisely
the plan for accomplishing the specified work in accordance with the time schedule as outlined in
Appendix A, Scope of Services:
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Indication of information and participation the proposer will require from City staff.
3. Describe Project deliverables for each phase of your work.
CONTRACT AGREEMENT
Indicate any issues or proposed changes to the sample contract included as Appendix C.
The Consultant must provide a brief statement affirming that the proposal terms will remain in effect
for one hundred twenty (120) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and
accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
REFERENCES
A list of no more than three references for the consultant and three references for each
subconsultant, including the names, addresses and telephone numbers. These references may
be the same as the references listed above in IV. Proposal Format, Section C. Organization and
Approach.
FEE PROPOSAL
Within separate sealed envelope, submit a complete fee proposal for the scope of services. Provide
separate subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated
hours. Clearly identify fees for subconsultant services.
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OPTIONAL – ADDITIONAL SUPPORTING INFORMATION
Provide additional supporting information, not requested above, that you believe is pertinent to
evaluating your firm’s ability to provide comparable program services.
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X. CONSULTANT EVALUATION & CONTRACT AWARD
PROPOSAL RESPONSIVENESS
Responses to this RFP must be complete. Responses that do not include the proposal content
requirements identified within this RFP and subsequent addenda will be considered incomplete
and will receive no further consideration.
EVALUATION PROCEDURES
Proposals will be evaluated according to each weighted Evaluation Criteria and scored on a zero
to five-point rating scale shown in the table below. The scores for the Evaluation Criteria will then
be multiplied according to their assigned weight to arrive at a weighted score for each firm. A firm’s
proposal with a high weighted total will be deemed of higher quality than a proposal or interview
with a lesser-weighted total. The top 3 ranked firms may be selected for an interview, which would
be used to confirm ratings.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no
probability of success in achieving Project objectives per the RFP.
1 Poor
Below average, falls short of expectations, is substandard to that which is the
average or expected norm, has a low probability of success in achieving Project
objectives per the RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be
met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per the RFP. This
will be the baseline score for each item with adjustments based on interpretation
of the proposal by Selection Committee.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected
as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average
or expected as the norm. Excellent probability of success and in achieving all
objectives and meeting RFP requirements and expectations.
The Proposal Evaluation Criteria and their respective weights are as follows:
No. Criteria Weight
1 Understanding of Work Involved 5
2 Organization and Approach 5
3 Quality & Experience of Staff for Work 5
4 Firm Qualifications & References 5
TOTAL 20
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CONTRACT AWARD
The final selection of the awarded consultant will be contingent upon successful contract
negotiations and approval by the Public Works Director. The City Public Works Director will
administer and enforce the provisions of the contract.
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XII. APPENDICIES
APPENDIX A – SCOPE OF SERVICES
Consultant shall provide an experienced registered Civil Engineer Construction Manager and
support staff (as required) to manage the Project. Project Management services will include, but
not be limited to, all items associated with construction management and inspection services
necessary for Project completion and closeout.
Typical Duties – The Work Tasks, defined in section below, generally include the following:
1. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and Project personnel.
2. Provide technical and administrative management services for the Project,
coordination and oversight of all activities related to the construction of the Project and
provide constant communication to the Project Manager of activities and concerns on
the Project. Review all prepared documents with the Project Manager prior to
submission to the Contractor.
3. Evaluate cost reduction incentive proposals and provide recommendations to Project
Manager for acceptance or denial.
4. Perform the duties of Resident Engineer and Assistant Resident Engineer in
accordance with Caltrans procedures including construction inspection, pay quantity
calculations, materials sampling and testing, and compliance monitoring with Project
plans, specifications, permits, environmental documents, and agreements.
5. Review and monitor the contractor’s schedule through weekly meetings, and maintain
an as-built schedule.
6. Maintain binders of job records.
7. Prepare daily inspection and materials records and weekly status reports, and
stormwater compliance documentation.
8. Prepare all correspondence related to Project activities and review with the Project
Manager.
9. Identify actual and potential problems associated with the construction Project and
consult with the design engineer and Project Manager to implement engineering
solutions.
10. Coordinate submittal reviews and timely approvals with the design team and Project
Manager.
11. Prepare and approve progress payments and supporting documentation. The City will
provide signature authorization of monthly payments.
12. Pre-negotiate and prepare contract change orders. The City will provide signature
authorization of contract change orders.
13. Perform labor and subcontracting compliance tasks including labor interviews and
verifying certified payrolls and subcontractors utilization.
14. Complete record drawing markups daily, final Project certification, as outlined in Task
5, “Post-Construction Services.”
15. Recommend Project acceptance in accordance with City Standard Specifications and
procedures.
16. Ensure full compliance to Americans with Disabilities Act (ADA).
Work Tasks - A preliminary scope of services follows and includes identified work tasks.
Task 1 – Pre-Construction Services
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This task includes pre-construction services including, but not limited to the following:
Review and familiarization with contract plans, specifications, permits and
agreements, including subsurface utility relocation work. If contract conflicts, errors,
or omissions are discovered, convey to City and design engineer for correction if
prior to Project advertisement
Assist the City in evaluation of bids received.
Review Resident Engineer files. Resident Engineer’s files consist of design
engineer memos to Resident Engineers, and technical reports, environmental
document, permits, and studies.
Prepare a Resident Engineer’s Project schedule which includes all pre-construction
and utility relocations by others, and notification timelines noted on all permits,
agreements, and contract documents. Upon receipt of Contractor’s schedule,
evaluate and confer with the Contractor regarding workability of the schedule or
suggest changes that may improve the schedule and update Resident Engineer’s
schedule.
Prepare Project instructions and establish proposed contract administration and
record keeping procedures to be used during construction for review and approval
by Project Manager.
Attend meeting with City and Design Engineer to discuss design features. The
intent of this meeting is to answer questions from the Resident Engineer, meet key
staff, and review contract administration procedures.
Establish electronic records file structure and protocol for daily uploading to City
network.
Prepare meeting agenda identifying attendees and conduct a pre-construction
conference with the Contractor awarded the construction contract. Prepare and
circulate meeting minutes.
Follow Caltrans Standard Specifications Section 5-1.43, Potential Claims and
Dispute Resolution in establishing a Dispute Resolution Advisor (DRA) or Dispute
Resolution Board (DRB) as mutually agreed to by the City and the Contractor. The
agreed to process shall be reviewed and approved by Project Manager.
Establish correspondence protocols for contractor – construction management
communications to allow for clear tracking of correspondence sequences and
responses.
Task 2 – Construction Services
This task includes Project management, construction administration, scheduling, Project
observation/inspection, and materials testing during construction. Consultant management
services shall be in accordance with the Caltrans Local Assistance Program and
Construction Manuals, including but not limited to the following:
Project Coordination and Communication
Serve as the focal point for coordination among the contactor, surveyors, material
testers, design team, the Project Manager, other agencies, utility companies, and
other parties.
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Maintain close contact with Project Manager and the design team and review all
correspondence with the Project Manager prior to issuance. Maintain and track
correspondence in an organized manner throughout the Project.
Receive all Contractor correspondence and prepare and transmit responses.
Coordinate with applicable parties, as required, to develop responses.
Conduct weekly, or as necessary, construction contract coordination meetings with
the Contractor. Take minutes and distribute to parties designated in the Project
instructions.
Schedules, Progress Meetings, and Reports
Review Contractor’s planned schedule for conformance with the specifications and
for reasonableness of the sequence and duration of the activities. Provide
acceptance or correction noticing to Contractor.
Review work progress as compared to the planned schedule and notify Contractor
of schedule slippage. Analyze schedule to determine impact of weather and change
orders. Obtain from Contactor updates of construction schedule incorporating
actual progress, weather delays, and change order impacts. Negotiate time
extensions due to change orders and other delays.
Prepare and submit a monthly progress report to Project Manager describing key
issues, cost status, and schedule status.
Maintain as-built schedule
Payment
Review Contractor’s initial schedule of values for reasonableness and ease of
monitoring.
Prepare monthly quantity calculations to support progress payments.
Review and approve quantities submitted with monthly progress payment requests,
negotiate differences over amount, and process payments through the Project
Manager.
Submittals and Requests for Information (RFI)
Receive, stamp, and log submittals, and review and approve, or distribute for review
as necessary.
Monitor the review and return of submittals to Contactor. Provide reminders in
advance of deadlines for submittal reviewers
Develop and maintain a submittal tracking list to identify parties responsible for
review and acceptance, and received and response due dates.
Receive, process, and monitor Requests for Information (RFI) from Contactor.
Prepare responses to RFI related to construction issues in a timely manner.
Transmit design-related RFI to Design Engineer and copy the Project Manager.
Conduct meetings with Contractor and other parties, as needed, to discuss and
resolve RFI.
Change Orders
Evaluate potential change orders for compliance with permits, environmental
documents and other on-site and construction constraints. Provide appropriate
feedback for modifications or adjustments to change order proposals.
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Prepare Cost Request Bulletins, perform quantity and cost analysis, as required,
for negotiation of change orders, and negotiate payment for contract change
orders.
Prepare change orders related to construction issues based on drawings,
specifications, and other information from the City, design team, Project Manager,
or Contractor.
Perform change order administration, including obtaining City approval of change
order requests, issuing proposed change orders to Contractor, maintaining logs of
proposed change orders, receiving change order quotations from Contractor,
negotiating change order costs and time extension, processing final negotiated
change orders, and incorporating approved change order into progress payment
breakdown.
Prepare recommendations to accompany change order documents and forward to
Project Manager for review and approval. Obtain Contractor signature and provide
to the City for execution.
Construction Observation/Inspection Services
Provide experienced and qualified inspectors who are acceptable to the City.
The inspectors will ensure compliance with all aspects of the construction contract
by continuously monitoring, evaluating, approving or rejecting the Contractor’s work
in accordance with the approved construction contract documents.
Review laboratory, shop and mill test reports of materials and equipment, and
coordinate as required with the Design Engineers.
Review the safety programs developed by the Contractor as required by the
contract documents and monitor the Contractor's compliance.
Determine that the Contractor’s work is being performed in accordance with City
requirements and in accordance with the requirements of the contract documents.
Endeavor to guard the City against defects and deficiencies in the work. As
appropriate, require special inspection or testing, or make recommendations to the
City regarding special inspection or testing of work not in accordance with the
provisions of the contract documents, whether or not such work is fabricated,
installed or completed. Subject to review by City, reject work, which does not
conform to the requirements of the City or the contract documents.
Record the progress of the Project. Provide accurate and precise daily inspection
reports. Submit written daily progress reports to the City, including information on
Contractor and the entire Project, showing percentages of completion and the
number and status of change orders.
Keep daily logs containing a record of weather, Contractor's work on the site,
number of workers, work accomplished, problems encountered, and other relevant
data. Make the log available to the City. Prepare and send a Weekly Statement of
Working Days to the Contractor.
Check certified payrolls and monitor Contractor's compliance with labor code
requirements.
Monitor all inspection activities, both City provided and any consulted out
inspections.
Consolidate punch list items indicating work remaining for Project closeout.
Claims
Receive and analyze Notices of Potential Claim and Claims submitted.
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Review Notices and Claims with the Contract to verify understanding and determine
if reasonable solution exists to address and eliminate the Claim. Review
resolutions with the Project Manager and prepare appropriate response.
Perform claims administration, including coordinating and monitoring claims
response preparation, logging claims, and tracking claims status, and response
deadlines.
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
Materials testing and specialty inspection services will be required for construction of the
Project and provided by the Consultant or subconsultant, as directed by the Consultant.
Consultant shall review and monitor testing for compliance with the Project requirements.
The materials testing requirements include, but are not limited to, the following:
Select and retain the professional services of special consultants and certified
testing laboratories. Monitor and coordinate their services.
Provide a quality control service including inspection and testing of all materials,
such as but not limited to, steel strength, concrete strength, gravel gradations, soil
compaction in accordance with the Project plans and specifications.
Task 4 – Surveying
Surveying is anticipated to be performed by Consultant’s Staff as directed by the
Construction Manager. The Construction Manager shall review and monitor surveys to
verify compliance with the Project requirements. The surveying requirements include, but
are not limited to, the following:
Provide construction surveying services per the latest Caltrans “Survey Manual”
and its revisions.
Surveys performed by the Engineer shall conform to the requirements of the Land
Surveyor’s Act. Responsible Charge for the work shall reside with a January 1,
1982 Registered Civil Engineer or a licensed Land Surveyor in the State of
California.
The minimum standard of survey quality shall be that of similar surveys performed
by Caltrans.
The City will designate the existing horizontal and vertical control monuments that
are to be the basis of all surveys. City will provide the California coordinate system
values and elevations of these monuments. The Consultant shall adjust all
Consultant performed surveys to the designated control monuments and their
values.
Monuments established by the Consultant shall be marked by the Consultant with
State furnished disks, plugs, or tags. In addition, the Consultant shall identify
Consultant established monuments by tagging or stamping the monuments with
the license or registration number of the Engineer’s surveyor who is in “responsible
charge” of the work. Replacement of survey monuments shall be the responsibility
of the Consultant. All new monuments shall be set in accordance with current City
and Land Surveyors Act requirements.
Task 5 – Construction Environmental Mitigation and Monitoring
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The Environmental Monitor shall sign off and approve compliance with the approved MMRP
and document implementation of all BMP and on and off-site mitigation measures included
in the Project specifications.
Work Tasks – Provide a scope of services and work tasks necessary for oversight and
compliance with Phase 1B and Phase 2 Mitigation and Monitoring Plan prepared by
Rincon (attachment G1 and G2). See appendix G1 and G2 for full listing of services require
for inclusion in this task of the proposal.
For example, the environmental monitoring requirements include, but are not limited to,
the following:
Consultant shall provide qualified biologists to perform pre-construction surveys.
The pre-construction surveys should also include a photograph record of the pre-
construction condition of the site. Initial field inspections to establish no species
are present (nesting surveys, etc.)
Training of the construction crews on what to look out for (including new crew
orientation). Live training is required for when the job starts to include: foreman,
supervisors, Project managers, and resident engineers. Once this initial training is
completed then Project specific training videos shall be created for small crew
changes.
Air Quality monitoring
Cultural/Archeological monitoring during all Project earthmoving activities
Verify placement of noise related signage
Paleontological monitoring for initial ground disturbance deeper than 10-feet
Task 6 – Post-Construction Services
The post-construction services task includes Project closeout after the work is complete.
The post-construction services requirements include, but are not limited to, the following:
Compile record drawing information, and provide one copy of red-lined Project
drawings to the City.
Compile any outstanding claims and documentation together in a coherent
package.
The design consultant will provide Project changes to original design mylars to
complete the record set.
Final payment will be recommended by Consultant to the City and all remaining
Project files (organized in the manner specified in the Caltrans Construction Manual
or otherwise specified in Project Plans & Specifications) will be transmitted to the
City.
Project Certification and a Notice of Completion shall be provided in consultation
with the City.
All claims shall be processed in accordance with Caltrans 2015 Standard
Specifications Section 5-1.43, Potential Claims and Dispute Resolution.
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APPENDIX B – VICINITY MAP
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APPENDIX C – SAMPLE CONTRACT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for Structural Engineering Design Services
per Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is made and
entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods as may be
agreed upon by the City and the Consultant. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may notify
the Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Consultant to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Consultant's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice
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of Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the
value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the Project, as may be determined in the City's sole discretion, so as to permit
a full and complete accounting of costs. In no event, however, shall the Consultant be entitled
to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the contract for
convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by
the Director that termination of the contract is in the best interest of the City. Upon termination
notice from the City, Consultant must, unless otherwise directed, cease work and follow the
City’s directions as to work in progress and finished goods. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the
services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all applicable federal,
state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved
in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various laws
and regulations as well as performance of the contract, the Consultant and sub-consultants
shall maintain all books, documents, papers, accounting records and other evidence pertaining
to the performance of the contract, including but not limited to the cost of administering the
contract. Materials shall be made available at their respective offices at all reasonable times
during the contract period and for three years from the date of final payment under the contract.
Authorized representatives of the City shall have the option of inspecting and/or auditing all
records. For Federally funded Project s, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
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10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any
ensuing City construction Project. The Consultant shall also list current clients who may have
a financial interest in the outcome of this contract, or any ensuing City construction Project
which will follow. The Consultant staff shall provide a Conflict of Interest Statement where
determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—
direct, indirect or otherwise—that would conflict in any manner or degree with the performance
of the work hereunder. The Consultant further covenants that, in the performance of this work,
no sub-consultant or person having such an interest shall be employed. The Consultant
certifies that no one who has or will have any financial interest in performing this work is an
officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder, the Consultant shall at all times be deemed an independent Consultant and
not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this
contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the
warranty, the City shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract
that no person or selling agency has been employed, or retained, to solicit or secure this
contract upon an agreement or understanding, for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business. For breach or
violation of this warranty, the City has the right to annul this contract without liability; pay only
for the value of the work actually performed, or in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of
and shall observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
This includes compliance with prevailing wage rates and their payment in accordance with
California Labor Code. For purposed of this paragraph, “construction” includes work performed
during the design and preconstruction phases of construction, including but not limited to,
inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses,
pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s
work. The City will pay all application fees for permits required for the completion of the Project
including building and regulatory permit application fees. Consultant will provide a 10 day notice
for the City to issue a check.
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16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Consultant's operations, it shall be replaced or restored at the
Consultant's expense. The facilities shall be replaced or restored to a condition as good as
when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work,
the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may
employ, to engage in discrimination in employment of persons on any basis prohibited by State
or Federal law.
21. Accuracy of Specifications. The specifications for this Project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all sub-
consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been
ascertained by examining either the Project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the specifications will be as determined by law,
any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal
submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against
the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that
the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or
sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the proposal.
To the extent that these specifications constitute performance specifications, the City shall not
be liable for costs incurred by the successful Consultant to achieve the Project ’s objective or
standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant
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shall immediately notify the City in writing, and the Consultant and all sub-consultants shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and
against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its
obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising
from the sole or active negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code Section
2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted
by law (including, but not limited to California Civil Code Sections 2782 and 2782.8),
Consultant shall indemnify, defend, and hold harmless the City, and its elected officials,
officers, employees, volunteers, and agents (“City Indemnitees”), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the
City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims.
(c) Design Professional Services:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City and any and all of its officials, employees and agents (“Indemnified
Parties”) from and against any and all claims, losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs, to the extent they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault shall be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by way of
settlement or resolution without a court, jury or arbitrator having made a
determination of the Consultant’s percentage of fault, the Parties agree to mediation
with a neutral third-party to determine the Consultant’s proportionate percentage of
fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
Notwithstanding the foregoing and without diminishing any rights of City in the
preceding paragraph, for any liability, claim, demand, allegation against City arising
out of, related to, or pertaining to any act or omission of Consultant, but which is not
a design professional service, Consultant shall defend, indemnify, and hold harmless
the Indemnified Parties from and against any and all damages, costs, expenses
(including reasonable attorney fees and expert witness fees), judgments,
settlements, and/or arbitration awards, whether for personal or bodily injury, property
damage, or economic injury, and arising out of, related to, any concurrent or
contributory negligence on the part of the City except for the sole or active negligence
of, or willful misconduct of the City.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or
defense obligations. This Section survives completion of the services or the termination of
this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall be
used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and
signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items necessary to
provide the work scope outlined in the Request for Proposal, incorporated herein by reference
and attached hereto as Exhibit [X]. City staff will review any documents or materials provided
by the Consultant and, where necessary, the Consultant will respond to staff comments and
make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership and title
to all reports, documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the city and no further agreement will be necessary to transfer
ownership to the City. The Consultant shall furnish the City all necessary copies of data needed
to complete the review and approval process.
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It is understood and agreed that all calculations, drawings and specifications, whether in hard
copy or machine readable form, are intended for one-time use in the construction of the Project
for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by
the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities,
or losses arising out of, or connected with any use by City of the Project documentation on other
Project s, except such use as may be authorized in writing by the Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required to
furnish in limited quantities as part of the work or services under these specifications, the
Consultant shall provide such additional copies as are requested, and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings
with staff as necessary in performing workscope tasks.
31. Requests for Review. The Consultant shall respond to all requests for submittal review or
contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the Project scoping meeting, the Consultant
shall submit a proposed workscope, compensation and schedule within 10 working days. The
cost proposal shall include all costs including miscellaneous direct cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by
Project work phase or, in the case of on-call contracts, by Project title. Invoice must include a
breakdown of hours billed and miscellaneous charges and any sub-consultant invoices,
similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and Consultant
shall receive therefore compensation in a total sum not to exceed the individual agreed upon
Project fee. Should the Consultant’s designs, drawings or specifications contain errors or
deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed
to on a Project by Project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In
addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost
that have been identified and are attached to this agreement. The Consultant’s personnel shall
be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State
employees under State Department of Personnel Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the
City of an original invoice and acceptance by the City of the materials, supplies, equipment or
services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by a committee
consisting of the City’s Project Manager and the City Director of Public Works, who may
consider written or verbal information submitted by the Consultant. Not later than thirty days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal
Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than
30 days after issuance of the final audit report, the Consultant may request a review by the
City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted
in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant
from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Project s. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs” when Project work is for a federally funded Project. In order to ensure the State
Department of Transportation achieves its federally mandated statewide overall DBE goal, the
City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will make a determination on a Project by Project basis for reasonably
expected DBE participation to compete for the sub-consulting opportunities in this agreement.
The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part
26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded Project s, maintain records of DBE usage and complete and submit to the City
the final report of DBE utilization prior to receiving final payment. Records shall show the name
and business address of each DBE and the total dollar amount actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and
administration of US DOT assisted agreements. Failure by the Consultant to carry out these
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requirements is a material breach of this agreement, which may result in the termination of this
agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM and
Consultant's proposal dated [DATE], are hereby incorporated in and made a part of this
Agreement and are attached hereto as Exhibit [X]. Should there be any conflict between
terms set forth in the City Request for Proposals Specification No. 90435-CM and
Consultant’s proposal dated [DATE], the terms in this agreement and City Request for
Qualifications Specification No. 90435-CM will govern.
40. Amendments. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Engineer.
41. Working Out of Scope. If, at any time during the Project, the consultant is directed to do work
by persons other than the City Project Manager and the Consultant believes that the work is
outside of the scope of the original contract, the Consultant shall inform the Project Manager
immediately. If the Project Manager and Consultant both agree that the work is outside of the
Project scope and is necessary to the successful completion of the Project, then a fee will be
established for such work based on Consultant's hourly billing rates or a lump sum price agreed
upon between the City and the Consultant. Any extra work performed by Consultant without
prior written approval from the City Project Manager shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding or representation be binding upon the parties hereto. For and in consideration
of the payments and agreements hereinbefore mentioned to be made and performed by City,
Consultant agrees with City to do everything required by this Agreement, the said specification
and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
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CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Name of Company
_______________________________
Matt Horn, Director of Public Works By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
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RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
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APPENDIX D – QUALITY ASSURANCE PROGRAM
(Attached as a separate document in BidSync)
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APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN
(Attached as a separate document in BidSync)
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APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE
(Attached as a separate document in BidSync)
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EXHIBIT B
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
REQUEST FOR PROPOSALS // CITY PROJECT NO. 90435-CM
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
September 1, 2022
EXHIBIT BDocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 MARSH STREET, SUITE 150, SAN LUIS OBISPO, CA 93401 | TEL. 805.706.0276 | WWW.KITCHELL.COM
September 1, 2022
Mr. Manuel Guzman, Construction Engineering Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Proposal for Resident Engineer and Construction Management Services, Cultural Arts District Parking Structure, City Project No. 90435-CM
Dear Mr. Guzman and Members of the Selection Committee:
As an experienced construction manager with a solid foundation in general contracting, Kitchell is known for delivering quality projects and providing high value services to our clients. It is with great pleasure that we submit our
proposal to perform resident engineer and construction management services for the New Cultural Arts District Parking Structure project. Our relational project management approach coupled with an extensive record of successful
project delivery will fulfill your expectations and provide you satisfaction with the end result. Our commitment to these goals has resulted in more than eighty-five percent of our work derived from repeat business.
We Have the Right Team
With over 303 project and construction management professionals, we have the capacity, skill and enthusiasm to implement our time-tested project management tools and techniques to achieve project success. Project Director Tully
Wyatt will work with you to ensure your complete satisfaction with our services and deliverables. Resident Engineer Andy Goh will fulfill the Resident Engineer duties and responsibilities as defined by Caltrans. Senior Project
Manager/Assistant Resident Engineer Tom Fee will serve as our on-site representative to the City and will function as an extension of your staff, working integrally with City personnel, design professionals, the contractor, special
consultants and stakeholders to deliver the project on time, under budget and with high quality.
Our proposed project team members have demonstrated a long-term commitment to the pursuit of project excellence, are at the top of their respective professions, and will be dedicated to the task of serving the City through
interactive collaboration, effective oversight of design professionals, contractors, outside agencies and effective management of the project as a whole.
Local Commitment
As a firm invested in the Central Coast for the long term through our established local San Luis Obispo office and widening project base, we understand the local construction market and will serve as a local resource in receiving
responsive bids from qualified contractors. Our long-term commitment to local clients by staff members who understand the issues unique to the Central Coast, provides the City with assurance that we share your desire for success.
Depth of In-house Resources
Unlike most construction management firms, Kitchell has a full complement of in-house engineering and architectural support service professionals consisting of registered architects and licensed engineers in every discipline. In
addition, Kitchell has in-house facilities management, commissioning, estimating and scheduling personnel each skilled and qualified in their respective disciplines. This team of dedicated professionals is equipped to resolve highly
complex technical challenges on a moment’s notice.
Kitchell would consider it an honor to serve the City of San Luis Obispo in carrying out resident engineer and construction management services for the New Cultural Arts District Parking Structure project as a collaborative member of the
City’s team. We appreciate your consideration and look forward to the opportunity to personally demonstrate our qualifications as we progress in the selection process.
Sincerely,
Wendy Cohen, CCM Randy Rominger, LEED AP, Assoc. DBIA
President Principal-in-Charge
(Authorized to bind the firm)
FIRM CONTACT/AUTHORIZED REPRESENTATIVE
Name: Randy Rominger, Principal-in-Charge | Address: 1540 Marsh Street, Suite 150 | San Luis Obispo, CA 93401
tel. 805.706.0276 | email. rrominger@kitchell.com | Kitchell acknowledges and accepts receipt of Addendum #1 dated July 25, 2022.
Randy is the authorized to represent the firm with respect to all notices, negotiations, discussions and other communications relating to
this proposal.
E. Cover Letter
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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F. Firm Qualifications
Industry Leading Expertise
Established in 1950, Kitchell is a 100% employee-owned company dedicated to providing construction
management and general contracting services in the Western United States. Our firm’s innovations in management
and reliability in delivering projects on time and within or under budget have earned us a reputation for superior
performance.
Since Kitchell’s inception, we have completed over $53 billion in public sector construction representing
more 3,600 projects in parking structures, civic centers, education facilities, courthouses, municipal office
buildings, detention and criminal justice centers, healthcare facilities, sports complexes, police/fire stations and
performing/cultural arts centers. Having been in business for 72 years, Kitchell has proven its long-term stability
and financial strength. As a construction management firm, Kitchell is consistently ranked amongst Engineering
News Record’s top construction management firms.
Focusing on the public sector has allowed us to develop management and project control techniques targeted to
its specific needs. Our methods have been very successful—more than 85% of our work comes from repeat
clients. We deliver our services using a variety of delivery strategies including agency and multiple prime CM,
construction management at risk, lease-leaseback, design-build and the traditional design-bid-build.
EXPERIENCE AT A GLANCE
14M SF
OF PARKING PARKING STALLS
45,000
CENTRAL COAST
CONSTRUCTION
$1.7B
CAL POLY SAN LUIS OBISPO, YAK?IT?UT?U RESIDENTIAL COMMUNITY
SAN LUIS OBISPO, CA (COMPLETED 2020)
Construction management services for a $204 million, 562,446 SF project featuring eight structures with four
and five levels above grade. The project featured single, double and quad units totaling 1,475 beds for first year
students and associated parking totaling 154,363 SF and over 450 stalls.
1. Contracting Agency:California Polytechnic State University, San Luis Obispo
2. Contracting Agency PM:Anthony Palazzo, Executive Director
tel. 805.756.6538 | email. arpalazzo@calpoly.edu
3. Contract Amount:$3.9 million
4. Date of Contract:Jan 2013
5. Date of Completion:Jan 2020
6. Consultant PM:Tully Wyatt, Project Manager | tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$165 million (Original Construction) | $172 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
5 yrs
Randy Rominger
PROJECT TEAM:
Tully Wyatt
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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CITY OF CHANDLER,
OREGON STREET PARKING STRUCTURE
CHANDLER, AZ (COMPLETED 2019)
Construction management services for a new $23 million, five-level, 293,000 SF, 932-space parking garage for the
City of Chandler, which includes a road realignment along Oregon Street as well as intersection improvements at
Arizona Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much needed parking
options for those accessing City Hall as well as restaurants and other venues in the bustling area. The structure is
located to the west of City Hall across Arizona Avenue on the northwest corner of Chicago and Oregon streets.
SAN LUIS OBISPO RTA,
BUS MAINTENANCE FACILITY
SAN LUIS OBISPO, CA (COMPLETED 2022)
Construction management services for a new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The facility
accommodates operations, administration and maintenance areas and includes detached enclosures on-site,
including a trash enclosure and canopy over bus parking. Work also includes off-site improvements, specifically the
T-intersection for future Elks Lane realignment.
1. Contracting Agency:City of Chandler
2. Contracting Agency PM:Paul Ahlas, Construction Project Manager - PW & U - Capital Projects
tel. 480.782.3328 | email. paul.ahlas@chandleraz.gov
3. Contract Amount:$1.2 million
4. Date of Contract:June 2018
5. Date of Completion:December 2019
6. Consultant PM:Ralph Schulte
tel. 515.822.8735 | email. rschulte@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$19 million (Original Construction) | $20.8 million (Final Amount)
1. Contracting Agency:San Luis Obispo Regional Transit Authority
2. Contracting Agency PM:Geoff Straw, Executive Director
tel. 805.781.4472 | email. gstraw@slorta.org
3. Contract Amount:$1.6 million
4. Date of Contract:June 2020
5. Date of Completion:February 2022
6. Consultant PM:Tully Wyatt, Project Manager
tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:Troy Hart, Resident Engineer | tel. 805.448.8653 | email. thart@kitchell.com
8. Project Objective:See description above.
9. Project Outcome:$16.8 million (Original Construction) | $17.4 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
COMPLETED IN
PAST 5 YEARS
5 yrs 5 yrs
Andy Goh Randy Rominger
PROJECT TEAM:PROJECT TEAM:
Heather Brown Tully Wyatt Ryan Stefanek
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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Additional Parking Structure Experience
CITY OF SANTA MONICA, PARKING STRUCTURE 6,
SANTA MONICA, CA
A $44.6 million project consisting of demolition and rebuilding of a public parking
structure located directly behind Santa Monica’s largest tourist attraction, the 3rd
Street Promenade. The new structure is 11-stories (eight levels above grade and
three levels subterranean) and contains approximately 750 total spaces. Other
features include 30 electrical vehicle charging stations and infrastructure for future
charging stations, a 90-bicycle bike rack and rooftop solar panels. The structure is
LEED Gold Certified.
SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM,
PARKING GARAGE ANNEX, SALINAS, CA
A new $36 million, 79,700 SF, four-level parking structure serving as an extension
to the existing parking structure. The new garage provides a net increase of 166
parking stalls and includes a basement level with 20,000 SF of office and hospital
support space.
SMUD HEADQUARTERS REHABILITATION & PARKING
STRUCTURE, SACRAMENTO, CA
A $135 million complete renovation of the 120,000 SF office building and 45,000
SF parking garage. The building is divided into three sections: south wing, core
and north wing. The south wing is four levels above grade with a full floor below
grade; the core is five levels above grade and one floor below grade; and the north
wing has three parking levels and a two-story office portion above the parking
garage.
UC SAN DIEGO, NORTH TORREY PINES LIVING AND
LEARNING NEIGHBORHOOD, SAN DIEGO, CA
A new $628 million project consisting of over 1.6 million GSF of student housing,
parking, academic space and retail targeting LEED Platinum certification. The Living
Learning Neighborhood provides approximately 2,000 new beds, resident facilities
and support space for undergraduate students, new instruction and research space
for departments and programs within the Divisions of Social Sciences and Arts and
Humanities as well as general assignment classrooms. Buildings are varied heights
with some individual buildings reaching up to 14 stories. The neighborhood also
includes an underground parking structure with 1,200 spaces.
G. Organization &
Approach
TULLY WYATT, dbia, leed ap
Project Director
CORE TEAM
ANDY GOH, pe
Resident Engineer
TOM FEE
Sr. Project Manager/Assist. Resident Engineer
RYAN STEFANEK
Quality Assurance Manager
MATTHEW HARMS
Project Engineer
SUBCONSULTANTS
CHARLES ZANOLI
Testing & Inspections (Earth Systems)
STEVE WEBSTER, ls
BRIAN HELLWIG
Surveying (RRM Design Group)
COLBY BOGGS
MICHAEL TOM, ms
CASEY CLARK
CHRISTOPHER DURAN, rpa
DUSTIN MERRICK, rpa
JENNIFER DICENZO
Environmental Monitoring (Rincon Consulting)
As-Needed In-House Support Services
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
HEATHER BROWN, pe, leed ap, cpmp
Engineering & Architectural Services Director
MATT CHAPPELL, eit, cep
Estimating Manager
RICK STASSI
Scheduling Manager
1. Provide an organizational chart identifying the Project manager for the work and each key person who would be
assigned to carry out the work and their respective roles. Resumés should be included for all key individuals as an
appendix.
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Roles & Responsibilities
Our project team has been assembled based on their ability to deliver to the City of San Luis Obispo (SLO) the most
efficient, cost effective and best-suited skills of our professional and support personnel. The ultimate success
of the Cultural Arts District Parking Structure project is heavily dependent upon the experiences of the team. In
developing our project team, staffing continuity is a key element in our approach to managing the project. The
proposed team is proven in its capabilities and understands the complexities of parking structure construction.
Kitchell’s project team is familiar with the local contracting community and has developed strong local contractor
and subcontractor relationships. This maximizes the competitiveness translating to lower bid prices from the other
important team members—the contractor and its subcontractors.
Project Director Tully Wyatt will facilitate communication and decision making at all levels. He
will ensure total team commitment of all resources to achieve the City’s objectives for the project, be
present at key meetings and will be available continuously to the project team and City management
staff. He will conduct risk assessments, participate in issue resolution and perform periodic site reviews
to ensure the City’s objectives for schedule, budget and quality are being achieved.
As a California Registered Civil Engineer, Andy Goh will fulfill the Resident Engineer duties and
responsibilities as defined by Caltrans. He will study and become completely familiar with project
plans, specifications, permits, environmental documents and agreements. He will work with our on-
site team to organize and conduct construction inspections, materials testing and special inspections
and environmental mitigation monitoring. He will review pay quantity calculations and ensure our
team is monitoring the contractor’s compliance with the contract documents.
Senior Project Manager/Assistant Resident Engineer Tom Fee will serve as Kitchell’s full-time
on-site representative to the City of SLO and will function as an extension of your staff, working
integrally with the project team. He will work in close coordination with Andy to fulfill the Resident
Engineer responsibilities and will manage cost and time in accordance with the master project
budget and schedule. He will drive the advancement of project efforts from preconstruction through
completion. Tom will perform preconstruction services and deliverables and will be responsible for the
timely completion of all construction phase deliverables. He will manage and administer contracts,
report progress, interpret documents, conduct progress meetings, manage the progress payment
process, facilitate resolution of field issues, and coordinate project punchlist, completion and turn over.
Tom’s parking structure experience and his understanding of the local construction market will prove
to be valuable assets to the City and the project team.
Quality Assurance Manager Ryan Stefanek will serve on-site full-time during the construction
phase and will develop and implement a project-specific quality assurance program. He will manage
and coordinate submittal compliance, preinstallation meetings, mock-up reviews, inspections, testing,
surveying, environmental mitigation monitoring and SWPPP compliance.
Project Engineer Matthew Harms will serve on-site full-time during the construction phase. He
will be responsible for the preparation and processing of project-related documentation including
requests for information, submittals, design supplements, and project closeout documentation. He
will maintain Kitchell’s project information system.
As-Needed In-House Support Services
Principal-in-Charge Randy Rominger will be responsible for ensuring client satisfaction with our
team’s services, personnel, quality and contractual obligations.
Estimating Manager Matt Chappel will lead our estimating team to validate project cost in
accordance with the established project budget, lead estimating efforts that may be requested of
Kitchell, participate in bid analysis and review contractor proposed change quotations.
Engineering and Architectural Services Manager Heather Brown will lead our team’s
registered architects and licensed engineers to provide engineering support services as needed
throughout the course of the project.
Scheduling Manager Rick Stassi will lead our scheduling team to provide scheduling support to the
project team assisting in the development and maintenance of the Resident Engineer’s schedule. He
will also assist the project team with in-depth review and analysis of contractor submitted schedules,
monthly updates and delay fragnets.
Subconsultants
Charles Zanoli with Earth Systems will perform code compliance inspections as well as materials
testing and special inspections as described in Task 3 of the RFP. Charles will also support applicable
portions of Task 2.
Steve Webster and Brian Hellwig with RRM Design Group will perform surveying as described
in the RFP, Task 4.
Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick and Jennifer
DiCenzo of Rincon Consulting will perform construction environmental mitigation and monitoring
as described in the RFP, Task 5.
Our proposed construction management team is 100% dedicated to your success from conception through
completion. We will support the City of San Luis Obispo to ensure your Cultural Arts District Parking Structure
project moves forward smoothly through closeout. Our team’s commitment goes beyond the job—they
strive to see success in the community where they live and work.
100 %
Dedicated to the success of your Cultural Arts
District Parking Structure
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Project & Management Approach
Our approach to project management and the use of proper
documentation from our project management information
system, developed and proven over time, provides our team
with the information necessary to keep the Phase 1B and
Phase 2 projects within the established parameters for budget,
schedule and quality.
Kitchell will act as liaison with the City, design professionals
and other consultants to facilitate and coordinate the
execution of construction contracts, construction coordination and overall project management. We will act as the
City’s representative, advising and consulting with the City and the design professional.
We will monitor the work of contractors for deficiencies in the work and conduct a quality assurance program in
cooperation with the design professionals and City quality assurance personnel. Earth Systems, our materials
testing subconsultant will be carefully scheduled and monitored. We will notify the contractors and City Staff
of deficiencies and follow through to ensure corrections are made in a timely manner. Informal ongoing punch
lists will be generated to correct deficiencies as the projects proceed instead of waiting until the conclusion of the
project to resolve quality issues in a timely manner.
We will administer and coordinate the contracts, paying special attention to cost, contractor performance and
quality. Through on-site coordination, regular progress meetings, thorough documentation and consistent
schedule updates, we will ensure construction is completed on schedule, within budget and within the prescribed
expectations of quality.
Upon commencing services, our team develops several project management tools to facilitate complete and
efficient delivery of services. These documents include a responsibility matrix, deliverables checklist, master
schedule, cost control report, quality assurance (QA) plan and risk assessment. The responsibility matrix includes
both external (among the entire project team) and internal (among the Kitchell team) responsibilities to bring
clarity to assignments.
Our Project Director Tully Wyatt attends progress meetings monthly (more often as the needs dictate)
and conducts an on-site quality assurance assessment with the on-site team. The on-site team develops and
implements a QA mitigation plan for the identified QA deficiencies.
Tully conducts project health assessments with the on-site team on a quarterly basis. The project health
assessment includes a risk assessment, review of the deliverables checklist, review of the project schedule, review
of the cost control plan and review of the QA plan. The on-site team develops and implements a mitigation plan
following each quarterly health assessment.
2. Describe your Project and management approach. Provide a detailed description of how the team and scope of
work will be managed.
3. A list of no more than three references for the consultant and no more than three references for each
subconsultants including a listing of the specific Projects and key individuals that have participated in them. Include
the dollar amount related to the participation. Identify how much experience each firm has had with public agencies.
Public Agency 1:San Luis Obispo Regional Transit Authority | Geoff Straw, Executive Director
Address/tel.:253 Elks Lane | San Luis Obispo, CA 93401 | tel. 805.541.2228 ext. 4465
Project/Amount:Bus Maintenance Facility ($17.5 million)
Staff:Randy Rominger, Tully Wyatt and Ryan Stefanek
Public Agency 1:County of San Luis Obispo, Department of Airports | Craig Piper, Deputy Director
Address/tel.:903 Airport Drive, Suite 5 | San Luis Obispo, CA 93401 | tel. 805.781.5205
Project/Amount:San Luis Obispo County Regional Airport Passenger Terminal ($39.5 million)
Staff:Charles Zanoli
Public Agency 2:Cal Poly San Luis Obispo | Anthony Palazzo, Executive Director
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.6538
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Randy Rominger and Tully Wyatt
References
Don’t take our word for it...Our clients are our strongest advocates!
Our firm’s success is a reflection of the abilities of our staff and Kitchell as a whole. Below are references for which
Kitchell has provided construction management services for their large public works capital improvement projects.
In addition, we have included two references for each of our subconsultants. We encourage you to contact each of
the references to the quality of our work and satisfaction with our services.
Public Agency 2:Cal Poly San Luis Obispo | Howie Conroy, Construction Inspector
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.2173
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Charles Zanoli
Public Agency 3:County of San Luis Obispo | Robert Ruiz, Program Manager
Address/tel.:1087 Santa Rosa Street | San Luis Obispo, CA 93408 | tel. 805.788.2114
Project/Amount:New Animal Shelter ($20.3 million) | Probation Department Building ($16 million)
Staff:New Animal Shelter: Randy Rominger and Tully Wyatt | Probation Dept. Bldg: Randy Rominger
Kitchell
Earth Systems
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Public Agency 1:City of San Luis Obispo | Robert Hill, Sustainability & Natural Resources Official
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7211
Project/Amount:Cerro San Luis Natural Reserve Initial Study/Negative Declaration (dollar amount N/A)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Public Agency 1:City of San Luis Obispo | Hal Hannula, Supervising Civil Engineer
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7201
Project/Amount:Police Station ($300,525), Public Safety Dispatch Center ($611,711), Jennifer Street Bridge ($38,600)
Staff:Steve Webster and Brian Hellwig
Public Agency 2:County of Santa Barbara | Travis Seawards, Deputy Director
Address/tel.:123 East Anapamu Street | Santa Barbara, CA 93101 | tel. 805.568.2518
Project/Amount:Arctic Cold Project EIR Planning & Environmental Services ($280,220)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Budgeting at California Polytechnic State University,
San Luis Obispo, yak?it?ut?u Residential Community
Kitchell was vested in maintaining the project budget at the yak?it?ut?u Residential Community. Aside
from providing complete reviews of each contractor initiated change order request, we also tapped into our
Estimating Department to review potential large scale changes to the project’s parking structure facility.
In addition, we met bi-weekly with the Owner to review all approved, pending and potential changes to
the project relative to the project contingency. These efforts at cost control and of continual budget review
afforded the University the opportunities to provide additional facilities to the project (added a 2nd story to
the administrative building), provide additional redundancies to vital systems like the lift station, emergency
systems, and add critical infrastructure pieces to the campus electrical system (manholes, splice boxes). The
combined team effort kept the project moving forward while managing these changes within the project
budget.
Public Agency 2:Lucia Mar Unified School District | Bryan Hagwood, Sr. Bond Project Manager
Address/tel.:222 Stanley Avenue | Arroyo Grande, CA 93420 | tel. 805.474.3000
Project/Amount:Shell Beach ES Parking Lot ($225,270), Arroyo Grande HS Track ($7,000), Oceano ES ($91,280)
Staff:Steve Webster and Brian Hellwig
Public Agency Experience
Kitchell brings more than 72 years of experience working with public agencies representing over $53 billion
in construction encompassing over 3,600 projects. Focusing on the public sector has allowed us to develop
management and project control techniques targeted to its specific needs.
Earth Systems brings over 50 years of experience in the public sector. With an office in San Luis Obispo, Earth
Systems brings extensive background in materials testing and special inspection, with a staff of over 20 highly
qualified technicians and inspectors. They have worked with many jurisdictions throughout San Luis Obispo and Santa
Barbara Counties including City of San Luis Obispo, City of Pismo Beach and City of Grover Beach to name a few.
RRM Design Group brings more than 45 years of experience working with public agencies. Their work culture
emphasizes collaboration, frequent communication and accessibility. Focusing on the public sector has allowed them
to work with many clients in the Central Coast including the City and County of San Luis Obispo, City of Grover Beach,
City of Paso Robles, City of San Mateo, City of Santa Barbara, City of Cloverdale and City of Ukiah to name a few.
Rincon Consulting brings more than 26 years of experience working with public agencies including the City and
County of San Luis Obispo, Santa Barbara County, City of Paso Robles and City of Santa Maria to name a few.
4. Describe your cost control and budgeting methodology for this Project.
Budget Management
One of our initial efforts will be to work with the City to understand/refine the budget, including identification of
all cost components with reasonable budget assumptions to use until actual costs are accrued. We establish and
maintain a cost control system in Procore to track all costs associated with the project against the established
budget. As the project progresses, projected costs will be entered into the model, providing a real time assessment
as to the status against budget.
We often perform detailed estimates and reconcile to the design professional’s estimates, which provides an
unbiased professional opinion of probable construction costs. Construction costs along with project soft costs are
updated to reflect the latest information and tracked continuously against the established budget. We provide
recommendations on construction feasibility, availability of materials and labor, time requirements for installation
and construction, and factors related to cost including costs of alternative designs or materials, preliminary budgets
and possible economies. If it appears the project construction budget will not be met, we offer alternatives and
solutions to bring costs back in line.
Rincon Consulting
RRM Design Group
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5. Provide responses to the following:
We studied the documents published with the RFP and identified several potential critical construction and environmental issues, identified below with our proposed solutions for:
Construction Related Issues Proposed Solution
Local traffic surges every morning and
afternoon (Mission Prep High and Old Mission
Middle School) off Palm Street and adjacent
streets, for student drop off and pick up.
Establish access/egress restrictions, delivery moratoriums,
work hours, etc. in the contract documents.
Higuera Street and Marsh Street are natural
traffic arteries for construction materials
deliveries. During the deck pours, concrete
trucks stack up to continuously pour concrete.
Both streets contain critical commercial and
retail outlets.
Plan all deck pours and concrete truck staging either on-site
(off streets) or remote with radio notification for minimal
disruptions. If any businesses could be affected by steady
traffic, discuss with City to review specific activities with
affected business.
Post-tensioned (PT) concrete placement quality
control is exacting and unforgiving.
Create stringent protocols for concrete placement, finishing,
flatness, curing and sealants. Individuals (person) finishing
concrete (swirl) may influence finish variation due to
handling of trowel, pressure, etc. Ensure same finishing team
is committed start to finish. Note that after placement, PT
concrete cannot be readily repaired/ground for finish issues
due to finish and cables, etc.
Proper coordination for all PT slab systems
including MEP, fire protection, ceiling inserts,
bollard embeds, railings, bent U embeds,
bolted wheel stops, etc.
Perform thorough clash detection using Building Information
Modeling (BIM) for all systems in or supported by PT decks
to ensure there are no overhead clearance issues or in slab
conflicts requiring retrofit. (No post install drilling allowed).
Any structural changes requiring cutting or
drilling into finished PT concrete.
Resolve all identified constructability issues prior to bidding
to mitigate cutting or drilling later. Any cutting or drilling PT
concrete requires X-Ray cable locating and mapping, etc.
This parking plan is essentially open building.
Consider drainage and watertightness.
When performing constructability reviews, check all decks
for positive drainage including covered areas susceptible to
wind driven water intrusion in all areas of the vehicle and
pedestrian egress.
Contractor use of tower crane for construction
delivery.
In bidding instruction include recommendations for tower
crane placement (if used). Then have engineer revise
structural plan to accommodate tower crane option.
Parking structure fire separation/rating at the
adjacent residential buildings.
Review any portion of non-rated parking structure juxtaposed
to the adjacent residential buildings for space separation and/
or rated wall conditions required.
b) Describe critical environmental issues and how you will address these.a) Describe critical construction related issues associated with the Project and how you will address these.
Environmental Issues Proposed Solution
Storm water runoff in direct proximity to San
Luis and Brizziolani creek beds
Prioritize the SWPPP plan including ample retention
basin/s. Monitor plan so it is constantly maintained. Provide
effective track out plates to remove on-site soils and other
contaminates from vehicles. This particular location is critical
for all storm water to be properly contained and handled.
Possible high ground water table/underground
stream effect on over excavation, foundations,
elevator pit, and shored wall on east side.
Verify the geotech engineer has reviewed and coordinated
with structural engineer. Also review seasonal water table
heights with mitigation plans for these soil conditions, etc.
Elevators: Plan elevator design, pits, etc. in relation to high
water table and/or possible hydrostatic pressure seasonally.
Plan any water stop rings, sump pit, and hydraulic cements,
etc. to prevent ground water from penetrating the elevator pit
from below.
Potential tree drip and root damage at property
line.
Have arborist inspect trees at property line (on private property)
for potential issues due to construction, that may require special
protection, or removal and replacement.
Potential for excessive noise levels due to
construction activities.
Check equipment noise dBs at adjacent buildings with
mitigation options such as temporary sound walls, etc. Specify
noise mitigation requirements in the contract documents
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c) Describe how cost and schedule for the construction contract and your scope of work could be minimized.
Cost & Schedule for the Construction
Contract
Construction cost and schedule can be minimized in a variety of ways. We analyzed the documents and have some
suggestions, categorized as incentives, risk assignment and value analysis:
Incentives: We assessed the Phase 1B and Phase 2 schedule durations and do not recommend they be reduced in
the bid documents; however, schedule compression can be achieved through early delivery incentives and/or the
use of bid alternates for reduced construction duration.
Risk Assignment: As a rule, contractors don’t assume risk—they price it. Our risk assessment includes
assignment of risk the contractor may consider to be onerous, or inappropriately assigned to them and thereby
assign a premium to managing the risk item. An example is permanent shoring. Permanent shoring is shown on
the east side property line on the Phase 1B Plan. The documents instruct the contractor to design all permanent
shoring. There are two private structures on the zero-lot-line directly adjacent to the shoring. The contractor
is to insure the permanent shoring design covers any additional foundation surcharge, etc. for zero deflection.
Prospective bidders would likely consider this an onerous assignment of risk and charge a premium. We suggest
the design professional design the permanent shoring or an allowance be established in the bid documents for
permanent shoring design.
Value Analysis: We identified a number of ideas the City may want to consider in realizing some time and/or cost
savings. A few examples include:
`Precast stair treads in lieu of poured in place. The cost of precast elements fluctuate; however, even if they’re
higher in material cost, time and cost savings can be realized through faster installations and reduced labor.
`The quantity of EV charging stations can be phased to meet the demand. We recommend installing the
infrastructure for the charging stations but adding the equipment in phases to meet demand. This has the
added benefit of taking advantage of future improvements in this emerging technology.
`The copper dome details include specific details for copper dome construction, radius, materials, spire,
waterproofing, roof gutter, etc. The City may want to consider a prefabricated unit. This could result in time
and cost savings.
Optimized Staffing Plan
Our scope of work and resulting fees can be minimized through an optimized staffing plan, task assignment
evaluation and reduced construction duration:
Optimized Staffing Plan: We assembled our proposed staffing plan to deliver the highest qualified
team at the best value. We accomplished this by assigning Resident Engineer Andy Goh on a part time
basis working in close coordination with Assistant Resident Engineer Tom Fee. Through this strategy,
the City receives the benefit of Andy’s expertise whenever needed without incurring the cost of a full-
time team member.
Task Assignment Evaluation: We assembled a team of in-house employees and subconsultants
to perform all the tasks described in the RFP. We recommend primary responsibility for surveying be
transferred to the contractor. This will appropriately place liability for survey errors on the contractor for
remedy. We also recommend the City use in-house code compliance inspectors if this function can be
performed by the City at lower cost.
Reduced Construction Duration: Any schedule reductions achieved through the above measures
could result in reduced duration of CM-RE services and result in fee savings as long as added staffing
would not be required for added shifts or acceleration.
During preconstruction, the Kitchell team assisted with re-scoping the project to bring the project in budget and
developed a delivery plan including multiple bid packages and phasing to optimize the construction schedule.
During construction, the Kitchell team provided day-to-day leadership throughout construction including cost,
schedule and quality components of the project.
The Kitchell team approached every day with the same enthusiasm, modifying plans as necessary to keep the
project moving. They effectively communicated and coordinated with all involved in the project including the
building department and other agencies having jurisdiction, the design team and contractors. We are grateful
to have such capable staff on the project and would like to take this opportunity to recognize their dedication.
-Andy Newman, Deputy Director, Butte County Association of Governments
Butte Regional Transit Operations Center (BRTOC)
Kitchell was a key partner in the successful delivery of the County of San Luis Obispo’s Animal Services Facility
project. The first design-build project for the County. Kitchell provided preconstruction guidance on the $20.3M
project and then was the day-to-day Construction Manager during construction. Kitchell’s staff was competent,
professional and a pleasure to work with.
- Robert Ruiz, Manager Project Delivery Division, County of San Luis Obispo
““
““
Client Testimonials
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H. Scope of Work This section should establish that the proposer understands the City’s objectives and requirements, demonstrate
the proposer’s ability to meet those requirements and outline clearly and concisely the plan for accomplishing
the specified work in accordance with the time schedule as outlined in Appendix A, Scope of Services:
A Plan for Accomplishing
the Specified Work
We have thoroughly reviewed the Scope of Services contained in Appendix
A of the RFP in conjunction with the contract documents, quality assurance
plan, mitigation and monitoring plan, and project delivery schedule
accompanying the RFP. Through this review and our periodic discussions
with City personnel prior to issuance of the RFP, we have developed an
understanding of the City’s objectives for the Cultural Arts District Parking
Structure project. The succeeding paragraphs describe our plan for
accomplishing the scope of work within the prescribed schedule.
Scope of Services Statement
We will perform the scope of services defined in Appendix A of the RFP,
which includes: performing the duties of the Resident Engineer as defined
by Caltrans, assist with bid evaluation, review available project documents,
prepare and maintain the Resident Engineer’s project schedule, develop
project procedures in collaboration with the City, establish and maintain
the project management information/document control system, establish
a dispute resolution process, provide project administration, coordination
& communications, monitor/evaluate the contractor’s schedule, conduct
progress meetings, issue progress reports, evaluate payment requests,
manage the submittal and RFI processes, manage/mitigate change orders,
conduct construction observations/inspections, evaluate & negotiate
claims, perform materials testing & specialty inspections, perform
surveying, perform construction environmental mitigation & monitoring,
and manage project completion & closeout
City Staff Participation
We often use a responsibility matrix to clarify team participation
requirements in granular detail. Our need for City staff participation
generally boils down to providing project information and documentation,
a designated representative who can render timely decisions, access to City
personnel who have the authority to authorize contract modifications, and
liaison with City departments and other local authorities involved in the
project.
Workplan
Task 1: Preconstruction Services
Upon commencing preconstruction phase services, Resident Engineer
Andy Goh and Assistant Resident Engineer Tom Fee will perform an
immersive study of all available project documents to become intimately
familiar the available project information. They will use this base of
information to build and implement a strategy to ensure successful delivery
of the project, described in greater detail herein.
Construction Management Plan
Upon commencing services, we will work with the City to develop the
construction management plan. This effort will serve as the project team’s
primary point of reference and will establish the framework for project
execution. The construction management plan will include the following:
`Communications protocols, progress reporting requirements, roles and
responsibilities, and project procedures to establish clarity on how the
City, designer, contractor and Kitchell interact as a team and administer
and coordinate the work of the project.
`Master Budget and Master Schedule: Kitchell will evaluate the City’s
current schedule, budget, and design to establish time and cost
expectations. From this evaluation, Kitchell will develop a master
budget and master schedule to track progress and develop strategies
to remain on schedule and within budget.
`Project Logistics Plan to identify and resolve project logistical
challenges such as ensuring undisrupted activity to the surrounding
community, access/egress issues, noise mitigation measures, staging
operations, and many other logistical challenges.
TASK
TASK
TASK
TASK
TASK
TASK
1
2
3
4
5
6
Preconstruction Services
Construction Services
Geotech. & Materials Testing
& Special Inspections
Surveying
Construction Environmental
Mitigation & Monitoring
Post Construction Deliverables
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`General Conditions and Bid Forms/Procedures to convey clear scope of
work and concise bidding/contract execution procedures to the bidding
community and provide ample project administrative control.
`Quality Assurance Plan to establish a clearly defined process for
achieving the City’s quality objectives.
The construction management plan is an evolving document and will be
updated continually throughout the project. Many of these elements are
explained in greater detail in relevant sections of our proposal.
Resident Engineer’s Master Project
Schedule
We will develop and maintain the overall Critical Path Method (CPM)
Resident Engineer’s master project schedule with milestones. Our project
schedules provide information in a concise, clear, and effective format. The
schedule will incorporate all remaining preconstruction and construction
activities. In the process, we will evaluate and propose alternatives for
project logistics, phasing and sequencing. We will advise the project team
regarding factors including long-lead materials procurement, rapidly
changing materials prices, weather, overall schedule requirements,
favorable/unfavorable bidder climate and regulatory requirements.
The project team will determine the pertinent factors. They will then
be compiled, evaluated, and reduced to a set of recommendations for
incorporation.
Quality Assurance Plan
Kitchell has a standard Quality Assurance (QA) program, which will serve
as a vital tool in developing a project-specific QA plan and facilitating the
contractor’s implementation of their Quality Control (QC) plan. We will
take a proactive approach to quality assurance to see that project receives
the best project quality for its investment. Primary aspects of Kitchell’s QA
program include:
`Conducting design and constructability reviews to improve buildability
and help eliminate potential change orders
`Establishing clear QA/QC processes and procedures including
inspections, materials testing & special inspections; as well as delivered
materials verification against approved submittals.
`Participating in pre-installation meetings prior to each construction
operation to ensure proper installations and applications without
costly rework.
`Requiring mock-ups of important building components and finishes to
ensure that the specified quality expectations will be met.
Bid Administration
Successful administration of the bid phases will result in a project that
meets the City’s goals for receiving responsive and responsible bid
proposals from prospective qualified bidders. Kitchell performs a variety of
services in administering and assisting in the contractor selection process.
Our bid phase services often include:
`Extensive bidder solicitation to generate a competitive bidding
environment
`Conducting pre-bid conferences to clarify bidding requirements and
provide bidders with a venue to conduct their pre-bid investigations
`Developing methods for tracking, responding to, and expediting
questions received prior to receipt of bids
`Reviewing addenda and advising the team of time, cost or
constructability impacts
`Assisting in assembling construction documents, bid documents,
general conditions, addenda and distribution to all prospective bidders
`Reviewing and analyzing bids and making recommendations to the
owner for contract awards
`Assist and coordinate the resolution of bid protests
`Post-bid meetings and analysis of bid alternates
`Assist with contract development, award, and formal issuance of
Notice to Proceed
Task 2: Construction Services
Project Coordination & Communication
Conveying clearly defined communications are paramount to project success.
Kitchell will organize and establish effective communication among the
project team members. We will ensure that responsibilities for completing
tasks are assigned to appropriate team members, they are understood by all,
and are tracked throughout the design and construction process.
Written communications are date stamped, logged, and tracked for
responses. Our project personnel are trained in Procore online data control
system for generating and/or tracking communications, costs, requests for
information, submittals, daily logs, drawings, and other project documents.
We are also flexible in adapting to other project administration systems as
dictated by City and project demands.
Logs are distributed for all outstanding items. These logs are reviewed,
prioritized, and correspondence is produced from Procore for all due and
delinquent items. This enables the team to proactively address and resolve
issues without experiencing the consequences of delayed response.
Schedule Management
Careful monitoring and regular reporting of activities against the
contractor’s schedule will provide early information about overall progress.
We will follow up on potential delay issues through active communication
with City staff and the project team. We will continually review and
monitor progress of the work against the scheduled milestones, and
provide recommendations necessary to prevent, minimize, or recover from
delays.
The accepted critical path schedule will become the baseline upon which
we measure progress, as well as record an accurate history of how the
project is built through consistent schedule updates. We will use the weekly
on-site project construction meetings as a forum to discuss the status of the
schedule with the contractor. We will continuously monitor the schedule
and enforce the provisions of the contract documents regarding scheduled
progress. We will also enforce the provisions of the specifications regarding
scheduled progress of the project. We have developed specific language
used extensively in contract documents requiring the contractor to follow
rigid specifications in the development and maintenance of a CPM schedule
that is dollar and manpower loaded.
In the event that a contractor submits a delay claim, the contractor must
provide justification substantiating that an actual delay to the work
occurred. Additionally, the contractor must provide a schedule analysis
showing that the delay affected work activities critical to scheduled project
completion. Finally, the contractor must substantiate the number of delay
days claimed. The contractor’s documentation to substantiate the claim is
then reviewed and analyzed, and entitlement, if any, is determined.
PRECONSTRUCTION DELIVERABLES:
–Resident Engineer’s master
project schedule
–Project Procedures
–Quality Assurance plan
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Progress Meetings
We consider meetings an effective means of collaborating on ideas,
resolving issues, building relationships, and reporting information in
a relational environment. Subject matter for construction progress
meetings will include the coordination and implementation of design
elements, identification and resolution of issues, schedule coordination and
compliance, tracking and management of RFIs, submittals, change orders,
payment applications, and general coordination of testing and inspections.
To memorialize important statements made and actions required, concise,
accurate meeting minutes issued in a timely manner are just as important
as the meetings themselves. We adhere to Kitchell’s 48-hour turnaround
policy on issuing meeting minutes.
Progress Reports
Progress reports provide a snapshot of project status. We will generate
reports electronically to summarize project activities, report schedule and
budget status, address current project issues and forecast future activities.
Photographs showing project progress are included along with applicable
logs and other pertinent information.
Payment
Kitchell, in consultation with the design professional and the City, will
implement a standard procedure for the review, processing, and payment
of the contractor payment applications as well as invoices applicable
to the project budget. This procedure will facilitate timely, accurate
and appropriate payments, thereby limiting the City’s exposure to
overpayments or interest fees.
Submittals
Kitchell’s submittal activities begin weeks before the contractor begins
work. To ensure that the contractor fulfills the specified submittal
requirements, we comb the specifications for any required submittals
and enter them into our project administration software. This enables us
to work from a submittal schedule tied to individualized submittal due
dates. Once the contractor transmits submittals for approval, submittal
status transitions from “scheduled” to “logged” by simply entering actual
receipt dates to the pre-entered submittal information. We utilize our
computerized submittal schedules and submittal logs to mitigate delays
due to delinquent contractor submittals or consultant reviews.
Requests for Information
During construction, prompt resolution of the contractor’s requests for
information (RFIs) will help mitigate change orders. For this reason, we
have implemented an efficient RFI processing and monitoring system
through our project administration software. We have also developed
specification language to reduce erroneous RFIs.
We will use the RFI Log to track requests for information including
important receipt and response dates and ball-in-court status. Most
importantly, the RFI Log prioritizes when a response is required to
be submitted to the contractor. This will help mitigate delays due to
delinquent RFI responses. The RFI Log is updated weekly and is distributed
to all team members during the weekly meetings.
Change Orders
Our change order mitigation process will include a thorough evaluation
of each change order request against the contract documents for validity.
Valid change order requests will be systematically reviewed for onerous or
excessive cost items.
Kitchell, in conjunction with the City and the design professional, will
develop and follow specific procedures for resolving change order disputes.
The team will maintain emphasis on critical issues and ensure that all
appropriate team members are informed of the proposed changes and the
impact on cost and time immediately when the issues arise.
Construction Observation/Inspection
Our construction management personnel are well equipped to conduct
field inspection support, oversight, and quality assurance. We have assisted
in selecting, coordinating and administering over $300 million of special
consultant contracts. This experience will be very useful in administering
and coordinating the work of building inspectors, testing and inspection
personnel, mitigation monitoring personnel and others as required by the
City.
We will conduct field observations and generate daily reports. Our project
team will collect and report daily project information to develop a written
history of the project. Information included in our daily reports includes
activities performed, important events of the day, visitors, materials
received, crew size, weather data, and issues to resolve. This collection
of daily reports document daily construction events forming an as-built
history of construction schedule implementation.
Dispute Resolution/Claims
We have found that unresolved disputes diminish in an environment of
partnership. We recommend implementation of a dispute resolution ladder
to enable issues to be escalated from the field to progressive levels of the
project hierarchy enabling issues to be resolved without becoming stymied
in conflict and indecision.
SCHEDULE MANAGEMENT
CITY OF SANTA MONICA, PARKING STRUCTURE 6
Kitchell was responsible for setting and maintaining the project
schedule. Several factors had to be considered for establishing
this schedule. First and foremost was how to facilitate a major
construction project in a high-traffic downtown area. Second was the
timing for delivery of materials – how it would affect neighboring
businesses and residents, safety precautions to accommodate
pedestrian traffic, etc. Kitchell met with the entire project team each
week to monitor schedule issues, make adjustments as needed and
report progress updates and changes to the client.
With the demolition, however, there were a lot of unforeseen issues
that affected the schedule early on. Once the existing structure was
demolished and site excavation had begun, the general contractor
discovered underground storage tanks and hazardous materials that
required remediation. The additional work to remove the tanks and
hazardous materials caused about a four-week delay. Despite these
early challenges with unforeseen conditions during demolition and
the need to bring in a new electrical connection, the project was
delivered and operational on time.
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In the event parties disagree over design intent, unforeseen changes, utility
conflicts, schedule delays and other issues, and agreement isn’t reached
through dialogue, Kitchell will implement a dispute resolution process
involving an objective analysis of merit and entitlement. Kitchell will meet
with the City to recommend a solution then attempt settlement with the
involved parties. If settlement negotiations are unsuccessful, Kitchell will
recommend the matter be resolved through a formal dispute resolution
process outlined in applicable contracts.
Having a wide range of subject-matter experts, construction and
engineering professionals, we will be able to review, assess and
recommend action on additional cost matters, and scope entitlement or
denials. Lastly, we can identify if contractor costs are appropriate based
on our database of cost estimates developed for multiple projects in the
region.
TASK 3: GEOTECHNICAL &
MATERIALS TESTING & SPECIALTY
INSPECTION
Earth Systems will perform the materials testing and specialty inspection
scope of services described in the RFP.
TASK 4: SURVEYING
RRM will perform the survey scope of services as defined in the latest
version of the Caltrans Survey Manual.
TASK 5: CONSTRUCTION
ENVIRONMENTAL MITIGATION &
MONITORING
Rincon will perform the environmental mitigation and monitoring
scope as defined in the RFP including providing qualified biologist(s), air
quality monitoring, cultural/archaeological monitoring, paleontological
monitoring, and placing noise mitigation signage.
TASK 6: POST-CONSTRUCTION
SERVICES
We will review the front-end documents to ensure they clearly reflect the
City’s expectations for contract closeout and warranty issue response. We
will also develop procedures that define each team member’s roles and
responsibilities during the start-up, closeout and warranty phases.
Kitchell will participate in walk-through inspections. From these
inspections, a punch list of remaining items to be addressed will be
generated. We will work with the City to verify that these items are
corrected before moving on to final completion.
Kitchell will assist in determining final completion and scheduling final
inspection. We will manage submittal of required closeout documents
including warranties, guarantees, affidavits, releases, bonds, and waivers,
as well as coordinate delivery of all keys, manuals and maintenance stock.
We will work with the City to secure as-built drawings, records, logs,
photographs, change orders and shop drawings as required by the contract
documents.
CONSTRUCTION DELIVERABLES:
–Project documentation via
electronic uploads
–Meeting minutes
–Reports: Daily Observation,
Inspection, Monthly
Progress
–Logs
–Schedule reviews
–Review/Recommendations:
Changes, Claims, Payment
Applications
MATERIALS TESTING & SPECIALTY
INSPECTION DELIVERABLES:
–Materials testing and specialty inspection reports
SURVEYING DELIVERABLES:
–Survey records
POST-CONSTRUCTION DELIVERABLES:
–Red-lined project as-built drawings
–Compilation of outstanding claims and other financial closeout
documentation
ENVIRONMENTAL MITIGATION &
MONITORING DELIVERABLES:
–Environmental mitigation and monitoring reports
Three-Step Claim Analysis Process
Merit Evaluation:
Performed to determine
the legal basis of the claim,
if any.
Settlement Negotiations:
Conducted with the
contractor.
Entitlement Analysis: If the
claim has merit, an entitlement
analysis is performed to
determine time and monetary
entitlement.
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Contract Agreement Indicate any issues or proposed changes to the sample contract included as Appendix C. The Consultant must
provide a brief statement affirming that the proposal terms will remain in effect for one hundred twenty (120)
days following the date proposal submittals are due.
Kitchell has reviewed the sample contract in Appendix C of the RFP, and has identified the following exceptions. We
request the following redlined changes to the indemnity provisions:
22. Hold Harmless and Indemnification.
`(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but
not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of to the extent caused by the
Consultant’s negligent performance or Consultant’s negligent failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole or active negligence or willful misconduct of the City.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees and pay their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
`(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction
contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph
A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782
and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation
(“claims”), arising out of to the extent caused by the Consultant’s negligent performance or Consultant’s
negligent failure to perform its obligations under this Agreement or out of the operations conducted by
Consultant, including the City’s active or passive negligence, except for such loss or damage arising from
the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse
the City Indemnitees and pay their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
`(c) Design Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend,
and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from
and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and
costs, to the extent they are caused by arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense
costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any
loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having
made a determination of the Consultant’s percentage of fault, the Parties agree to mediation with a neutral
third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City. Notwithstanding the foregoing and
without diminishing any rights of City in the preceding paragraph, for any liability, claim, demand, allegation
against City caused by a negligent arising out of, related to, or pertaining to any act or omission of Consultant,
but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless the
Indemnified Parties from and against any and all damages, costs, expenses (including reasonable attorney fees
and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily
injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory
negligence on the part of the City except for the sole or active negligence of, or willful misconduct of the City.
In addition, we request the non-applicable indemnifications provisions be struck. We believe paragraphs (a) and (c)
should be struck.
In our opinion, the dispute resolution provisions in Article 36 are somewhat unusual and biased in favor of the
Owner. We request the opportunity to meet with the City and explore mutually agreeable changes to the dispute
resolution language.
Statement of Affirmation
Kitchell certifies that the proposal terms will remain in effect for one hundred twenty (120) days following
the date proposal submittals due date, September 1, 2022.
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References
Fee Proposal
Optional- Additional Supporting
Information
A list of no more than three references for the consultant and three references for each subconsultant, including the
names, addresses and telephone numbers. These references may be the same as the references listed above in IV.
Proposal Format, Section C. Organization and Approach.
Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Please see pages 6 and 7 for details on no more than three references for Kitchell and each of our
subconsultants.
Please see the separately sealed envelope for details on our complete fee proposal for the scope of
services. We have provided separate subtotals for Phase 1B and Phase 2 broken down by task and staff
billing rates with estimated hours, as well as clearly identified fees for subconsultant services.
None.
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EDUCATION
MBA, Florida Institute of Technology
BS, Architecture Engineering, California
Polytechnic State University, San Luis
Obispo
INDUSTRY
CERTIFICATIONS
Designated Design-Build Professional
LEED Accredited Professional
OSHA 30 Hour Certification
TULLY WYATT, dbia, leed ap
PROJECT DIRECTOR
As local San Luis Obispo resident, Tully brings over 19 years of industry experience as a dedicated, organized and detail oriented construction professional. He is a skilled leader who believes
in transparent, ongoing communication and maximizing technology to expedite information, guaranteeing that all team members, including subcontractors, are constantly informed of
decisions or changes in real time. Tully has a wide range of experience in alternate delivery methods, including CMAR and design-build, as well as extensive project experience, including
his most recent work at San Luis Obispo Regional Transit Authority Bus Maintenance Facility where he is serving as a Senior Project Manager. As a local resident for many years, Tully is
committed to his local community and clients. His commitment to local clients ensures Tully understands the issues unique to San Luis Obispo, providing the City with assurance that he
shares your desire for success.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis
Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus maintenance
facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The
facility accommodates operations, administration and maintenance areas and includes
detached enclosures on-site, including a trash enclosure and canopy over bus parking. Work
also includes off-site improvements, specifically the T-intersection for future Elks Lane
realignment.
California Polytechnic State University, San Luis Obispo, Recreation Center, San Luis
Obispo, CA: A $57.5 million, LEED Gold certified recreation expansion that added 85,000 SF to
the facility and renovated another 90,000 SF. Additions included a lobby/lounge, three fitness
rooms, a two-court gym, a multi-activity center, tripled exercise space, a wellness center, an
indoor jogging track, restrooms, leisure pool and deck, an additional sand volleyball court, and
six racquetball courts rebuilt with Squash and Wallyball configurations. Renovations included
men’s and women’s locker rooms. The recreation center remained operational during the
construction period.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus; the
replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A
new $16 million, 31,000 SF, two-story office building featuring office space for county probation
staff, interview rooms, training, conference and evidence rooms, armory, secured sallyport,
break rooms, locker and changing rooms, restrooms with showers, a public lobby, secured
parking for employee vehicles and department vehicles as well as an emergency generator.
Santa Barbara County, Staff Augmentation Services, Santa Barbara, CA: Tully
alongside Kitchell is currently providing staff augmentation services to Santa Barbara
County for over 27 projects totaling more than $73.1 million. Our services include project
and construction management for capital and facilities/maintenance projects, project
development, programming, scope of work development, RFP/bidding document production,
overseeing bidding process and closeout.
City of Santa Maria, Historic Smith-Enos House Structural Improvements, Santa
Maria, CA: A $180,000 project providing structural improvements to the historic Smith-Enos
House in Santa Maria. The modernization and revitalization of the structure is phase one
of a multi-phase approach to the renovation of the house, which aims to rehabilitate the
interior and exterior of the historic residence to recreate a new indoor public recreation venue
featuring cultural and historic exhibits.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ii
EDUCATION
MBA, Business Administration, Arizona
State University
MS, Civil Engineering, Arizona State
University
BS, Civil Engineering, Arizona State
University
INDUSTRY
CERTIFICATIONS
Professional Engineer #C 45731, CA
Professional Engineer #24771, AZ
Professional Engineer #125612, TX
ANDY GOH, pe
RESIDENT ENGINEER
With more than 34 years of strong, relevant management experience in a wide variety of public works service areas and operations, Andy has led teams to the successful completion of
hundreds of infrastructure projects, many of which are fast-track, high profile or federally funded. He is well-versed in complex public policy issues and applicable laws governing municipal
operations and project delivery. Under his leadership over the years, his teams have provided customer service-first public service with strategic forward-thinking and incorporated best
management practices and use of technology to improve and enhance service delivery. Andy has successfully led his teams in completing many major and complex capital improvement
projects in various markets including street transportation, public transit, water and wastewater, public safety and aviation. Proactive in establishing constructive and collaborative
partnerships, he prides himself on his ability to build solid and lasting relationships. Andy is results-driven and decisive, while remaining an approachable and progressive leader with a
strong commitment to the client’s strategic vision.
PROJECT EXPERIENCE
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million,
five-level, 293,000 SF, 932-space parking garage for the City of Chandler, which includes
a road realignment along Oregon Street as well as intersection improvements at Arizona
Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much
needed parking options for those accessing City Hall as well as restaurants and other venues
in the bustling area. The structure is located to the west of City Hall across Arizona Avenue on
the northwest corner of Chicago and Oregon streets.
City of Tempe, Tempe City Hall Parking Structure, Tempe, AZ: A $16 million
(construction cost), five-level, 175,000 SF, 440 stalls parking structure. The five-story mixed-
use facility includes parking on all five levels with retail and office space in portions of the
first two levels. The exterior cladding of the building consists of light gauge metal stud walls
with an adhered stone finish.
Tempe East Valley Bus Operation & Maintenance Facility, Tempe, AZ: A $39 million,
103,890 SF, 250-bus LEED Gold certified facility featuring administrative offices, operations/
driver facilities for over 500 operators, a bus maintenance building, bus canopies, and a full
liquid natural gas and compressed natural gas (LNG/CNG) fueling center with fare retrieval and
bus wash on a 25-acre site.
City of Tempe, Center for the Arts, Tempe, AZ: A new $68 million, 88,000 SF performing
and visual arts center consisting of two theaters, multi-use areas, gallery and administrative
space as well as 20 acres of site development. The facility includes a 600-seat main theater,
200-seat black box theater, public space, stage support, a 3,000 SF multi-use space for
rehearsals and events, a 3,500 SF visual arts gallery, administration, gift shop, catering kitchen
and donor room. Special features include a 20,000 SF underfloor air distribution (UFAD) system,
high-end architectural concrete components such as scalloped walls, battered/radius walls
and a cast-in-place dome in the main theater. Site development features include a reflecting
pool, pedestrian paths and a park located next to a riparian area on the southwest shore of the
Tempe Town Lake, adjacent to a downstream dam.
City of Tempe, Curry Road Pedestrian Improvements, Tempe, AZ: A $600,000
road improvement project consisting of the removal and replacement of curbs, gutters,
sidewalks, roadway medians, landscaping and a 48” concrete irrigation pipe. This project was
funded by the ARRA.
City of Tempe, Tempe Town Lake Pedestrian Bridge, Tempe, AZ: A new $5.5 million
CMAR suspension bridge totaling 1,000 LF pedestrian and bicyclist bridge connecting the
north and south shores of Tempe Town Lake. The bridge, which is lit with vibrant blue hues
after dark, consists of four spans of 228 feet each and weighs about 165,000 pounds in total.
The bridge is 12 feet wide and 34 feet tall, with arches suspended by 32 metal cables. The
bridge has a total of 128 steel cables which criss-cross each other and add to the bridge’s
distinctive shape.
City of Chandler, Chandler Public Safety Training Center, Chandler, AZ: A new $27
million, 58,090 SF shared resource facility for the Chandler Police Department and Chandler
Fire Department. It was built in multiple phases with Phase 1 providing an administrative,
educational and tactical training building. Phase 2 provides a separate, state-of-the-art indoor
police firing range complex. The finished facility includes an auditorium, offices, tactical
training, fitness, firearms simulation system, breakroom, secure parking and exterior secure
break areas. This new training complex is the hub for integrated police and fire training and the
combined public safety training center.
City of Tempe, Apache Boulevard Police Substation, 911 Call Center, and Property
& Evidence Facility, Tempe, AZ: An 82,800 SF facility prominently located on Apache
Boulevard housing various police functions including patrol, SWAT team, a 911 Call Center
and a Property & Evidence Facility. The second floor of the Apache Substation includes a 911
Call Center and Dispatch Center with space allowing users to collaborate, flexible access to the
console areas and a separate training area. The entire facility includes complete redundant
power and cooling systems. Adjacent to the Substation and Call Center is a 28,800SF property
and evidence storage facility.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iii
EDUCATION
Coursework, Art, Saddleback College
AFFILIATIONS
Construction Management Association
of America (CMAA)
TOM FEE
SR. PROJECT MANAGER/ASSISTANT RESIDENT ENGINEER
Tom has more than 30 years of experience successfully leading teams managing program development and construction for both public and private clients. As a construction expert,
he specializes in all processes from predevelopment through construction delivery, authoring construction management guidelines and redevelopment use plans. Tom’s experience
encompasses commercial, industrial, civic/municipal, public private partnership, planning, commercial mixed use, telecommunications, criminal justice, healthcare, hospitality and
residential, providing services including program development, plan and specification constructability review, bidding and buyout, estimates, change order review, baseline scheduling and
dispute resolution. He believes in a proactive project management approach, increasing productivity and providing exemplary results for his clients.
PROJECT EXPERIENCE
City of Los Angeles, Metropolis LA R2, Los Angeles, CA: Tom managed on-site
construction for the R2 portion of the downtown Los Angeles Metropolis LA. R2 is a type I
concrete condominium single structure with 40 levels above grade and two levels below
grade. A total of 514 luxury condominiums with a connected (post tensioned) 11-story parking
structure totaling 658,495 SF and 1,821 stalls. The roof of the parking structure is a landscaped
deck featuring a swimming pool, spa, fire features, volleyball, sporting area, a dog park and a
play space. The overall project is located within the 6.3 acre, $1 billion Metropolis development.
R2 also includes 36,482 SF of retail located at the ground floor and an amenity level.
City of Beverly Hills, La Cienega Tennis Center, Beverly Hills, CA: As construction
manager for the City of Beverly Hills, Tom managed overall construction of the La Cienega
Park and Tennis Center. The project included a 138,000 SF, post tensioned parking garage
with City tennis courts located on the parking structure roof. The project also included a park,
two baseball fields, soccer field and the Margaret Herrick Museum and Library.
Los Angeles Unified School District, Central Los Angeles Region High School #12,
Los Angeles, CA: A new $20.2 million concrete podium style construction with below grade
parking and steel frame parking structure for upper floors. Tom served as the Cost Estimator
responsible for reviewing the contractor’s baseline schedule, monthly pay application and
time impact analysis by general contractor, preparation of independent cost estimates for
change orders, evaluation of general contractor cost estimates and negotiation of final
change order amounts.
University of California, Santa Barbara, San Nicolas and San Rafael Residence
Halls, Santa Barbara, CA: Two fast-tracked complete interior replacement projects
totaling approximately $3 million located on the UCSB campus, San Nicolas Hall, a seven-
story building with 265 rooms and San Rafael Hall, which consists of housing clusters
accommodating approximately 500 students. Construction volume required CPM schedules
to be updated twice per day, working closely with the university and subcontractors to
guarantee delivery. Projects were completed sequentially on-time and within budget.
University of California, Santa Barbara, Biotech Seawater Laboratory, Santa
Barbara, CA: A $7 million biotech seawater lab/marine studies facility which can replicate
any global ocean condition. Tom served as the Superintendent responsible for managing
site construction to completion and certification for a project with extremely complicated
logistics for structural concrete involving corrosion resistance, direct seawater filtering,
piping and storage tanks. Due to the complexity of the project, constant interface with staff
and facilities management during construction was required.
Department of General Services, Caltrans District 11 Headquarters, San Diego,
CA: Senior Project Manager responsible for managing program, infrastructure planning,
constructability review, master schedule, project budget, public bidding, award and physical
delivery of the 12-acre, 320,000 SF, five building campus. Project was completed under
project and ahead of schedule.
Dynegy, The Plant University, Morro Bay, CA: Programming for a redevelopment of
a 12 million cu. ft. waterfront power plant while still in operation. The site consists of 50
acres of oil storage, brownfield certification, city lease arrangements, etc. The final program
and site use plan was projected at $175 million and included a post graduate university for
sustainable power engineering and water studies, classrooms, labs, housing, commercial
mixed-use space and convention center.
Kern County, Park Wi-Fi, Kern County, CA: Kitchell is providing project management
services for the County’s park Wi-Fi project. The American Rescue Plan Act (ARPA) provided
the County with funds thereby allowing them to provide public access internet Wi-Fi coverage
to the 43 County-owned parks scattered among the 8,163 square miles that encompass Kern
County – roughly the same size as the State of New Jersey. Our services include planning,
scope development, consultant/contractor procurement, estimating, commissioning, and
project management from concept through completion for each of the park sites.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iv
EDUCATION
MBA, Business Analytics, Cal Poly San
Luis Obispo
BA, Politics, University of California,
Santa Cruz
Certificate, Business Analytics
INDUSTRY
CERTIFICATIONS
OSHA 30-Hour Certified
Construction Manager-in-Training (In
Progress)
RYAN STEFANEK
QUALITY ASSURANCE MANAGER
Ryan brings eight years of experience in the construction industry. He started his career as a field laborer with a general contractor performing carpenter duties while pursuing a master’s
degree in business analytics at California Polytechnic State University in San Luis Obispo. Over the years, Ryan transitioned to construction management as a project intern and worked
his way up to project engineer. He is passionate about construction and feels that working in the industry is a mixture of marathons and sprints. Ryan excels at planning and responding
quickly to project demands.
Ryan brings a proven ability to lead cross-functional teams through routine and complex processes. Skilled in guiding team building exercises that focus on morale and personal and
professional growth. He takes a responsive leadership approach and uses critical thinking skills to solve issues during the initial stages. Equipped with a Master’s Degree in Business
Administration and a Certification in Business Analytics Ryan has a solid ability to research and analyze data with strong attention to detail and an eye for spotting inaccuracies. In
addition, Ryan has proven expertise in project planning, scheduling and implementation.
As a highly skilled professional, Ryan is well versed in the process of providing QA/AC oversight as a component of Kitchell’s services. He provides an informed high-altitude view of the
projects issues with quality delivery. Ryan’s recent experience includes serving as Project Engineer III for a four-story cast in place concrete structure in the City of San Luis Obispo. He also
brings recent experience from the San Luis Obispo Regional Transit Authority Bus Maintenance Facility project.
PROJECT EXPERIENCE
California Polytechnic State University, Multi-Use Facility, San Luis Obispo, CA:
Construction of a $100 million four-story cast in place concrete structure that housed
multiple facilities for the University including a commercial kitchen, videography studio and
multiple laboratory spaces. Ryan’s responsibilities included managing multiple disciples of
subcontractors including MEPs and finish trades and ensured coordination and compliance
with the contract documents. He also led the weekly owner and architect walks and verified
quality concerns were communicated and corrected with subcontractors.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San
Luis Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a
6.44-acre site. The facility accommodates operations, administration and maintenance
areas and includes detached enclosures on-site, including a trash enclosure and canopy over
bus parking. Work also includes off-site improvements, specifically the T-intersection for
future Elks Lane realignment.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus;
the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and
air conditioning units, aquatic center and other infrastructure and utilities technology
upgrades. Projects within this program are being delivered via multi-prime delivery
method.
California Polytechnic State University, San Luis Obispo, Neighborhood
UU - Building 65, Building 19 and Plaza Improvements, San Luis Obispo, CA:
Preconstruction services for a $30 million, 59,100 SF project consisting of renovation of
34,600 SF of space in Building 19 including complete renovation of the entire top floor,
renovation of electrical and plumbing systems (as related to the top floor scope of work) in
the bottom floor of Building 19 and the surrounding plaza area to the north of the building
as well as new landscaping and site improvements to the plaza. Work in Building 65 consists
of 24,500 SF of renovations including the Chumash Auditorium, lobby area and public areas
on that floor as well as exterior improvements at the upper level and interior circulation
spine at the lower level of the building to increase and improve student seating and study
areas.
Custom Homes, San Luis Obispo County: Carpenter and supervisor for $3 million of
custom home construction encompassing more than 25 projects. Self-preformed work
includes demolition, electrical, carpentry, finish carpentry and concrete.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX v
EDUCATION
BS, Civil Engineering, California
Polytechnic State University, San Luis
Obispo, CA
MATT HARMS
PROJECT ENGINEER
Matt is a highly skilled professional supporting project managers with one year of industry experience. He has a passion for the construction management industry and finds working in
CM strengthens his strategic and analytical skill sets. He is well-versed in the process of reviewing, issuing and processing RFIs and submittals, updating drawings and meeting minutes
and negotiating change orders with team members on all sides of the table. Matt is familiar with a variety of software including Bluebeam, Procore, BIM 360, Assemble, Revit and
AutoCAD. His recent experience includes serving as a field engineer for a $90.2 million ocean outfall booster pump rehabilitation and $6 million piping replacement.
PROJECT EXPERIENCE
Orange County Sanitation District, Ocean Outfall Booster Pump Rehabilitation,
Huntington Beach, CA: A $90.2 million, 40,000 SF ocean outfall booster pump
rehabilitation delivered via design-bid-build. The project encompassed the construction of
a new low flow outfall pump station, rehabilitation of the existing central power generation
building, rehabilitation of an effluent pump station annex and rehabilitation of the existing
electrical distribution system. Matt’s responsibilities included acquiring daily permits for
labor, analyzing budget for labor distribution reports, quality control for concrete pours,
creating purchase orders, creating and evaluating change orders, safety meeting, safety
walks, safety orientation for new employees and subcontractors, schedule meetings and
submittals.
Orange County Sanitation District, P2-123 Return Activated Sludge Piping
Replacement, Huntington Beach, CA: A $6 million, 1,400 LF project encompassing the
removal and replacement of a deteriorating return activation sludge piping, valves, valve
actuators and wiring, flexible couplings and pipe supports. In addition, the project also
included the installation of 12 new 14” isolation valves and installing new sluice gates.
Matt’s responsibilities included acquiring daily permits for labor, analyzing budget for labor
distribution reports, quality control for concrete pours, creating purchase orders, creating
and evaluating change orders, safety meeting, safety walks, safety orientation for new
employees and subcontractors, schedule meetings and submittals.
California Polytechnic State University San Luis Obispo, Highway Realignment,
San Luis Obispo, CA: Design services for highway improvements along the 101 in the
Central Coast starting south of El Campo Road near Arroyo Grande to North of Hemi
Road near Nipomo. Main goals of the project included improving safety, maintaining
overall circulation and operations of US 101, as well as emphasize sustainability. Matt’s
responsibilities included performing initial site studies, such as geotechnical site
investigation, a water runoff analysis and traffic impact study to name a few. In addition,
Matt also assisted in technical write-ups and assisted with corridor modeling design.
California Polytechnic State University San Luis Obispo, Higuera and Chorro
Street Intersection Improvement Proposal (Cal Poly Project), San Luis Obispo,
CA: For this project, Matt determined the level of service for Higuera Street and designed
an improved system layout for the intersection. The project goal was to increase safety in
all aspects, such as pedestrian and vehicular safety while decreasing congestion. Matt’s
responsibilities included analysis of Higuera and Chorro intersection in downtown San
Luis Obispo. He recorded pedestrian and vehicle volumes, crash data and traffic signal
parameters. Matt’s studies also included a traffic warrant study, traffic signal analysis,
synchro analysis, safety analysis, critical lane volume studies and intersection sight distance
analysis.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vi
EDUCATION
BS, Natural Resources Management, Cal
Poly State University, San Luis Obispo
AA, Engineering Technology, Cuesta
Community College
INDUSTRY
CERTIFICATIONS
ICC Certified Special Inspector:
Reinforced Concrete (#1025543-49)
ICC Certified Special Inspector:
Structural Masonry (#1025543-84)
ICC Certified Special Inspector:
Prestressed Concrete (#1025543-92)
ICC Certified Special Inspector:
Structural Steel, Bolting and Welding
(#1025543-S1, S2 & W)
ICC Certified Master of Special
Inspection (#1025543-MI)
ICC Certified Special Inspector: Spray
Applied Fireproofing (#1025543-86)
NICET Level III, Transportation
Engineering Technology (#86954)
AWS-CWI QCI-88 & 96, Certified
Welding Inspector (#95011151)
DSA Masonry Inspector (#5852
CHARLES ZANOLI
TESTING & INSPECTION
With over 30 years in the construction industry, Charles is a highly qualified inspector with a wealth of experience in materials testing and special inspection. Certified by numerous regulatory
agencies, he specializes in testing and inspection of reinforced concrete, pre-stressed concrete, structural masonry, asphalt concrete, bolts, spray-approved fire-proofing and soils. He has
a broad base of project experience, including numerous structures at California Polytechnic State University at San Luis Obispo, K-12 school projects throughout San Luis Obispo and Santa
Barbara counties, and public works facilities and infrastructure. Charles is certified by APWA as a public works inspector and is a ICC- certified Master Inspector, certified by ICC for inspection
of reinforced concrete, pre-stressed concrete, structural masonry, structural steel and welding, and spray-applied fire-proofing to name a few. Charles studied engineering technology and
obtained a bachelor’s degree in Natural Resource Management from California Polytechnic State University.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
Hotel San Luis Obispo (Hotel SLO), Multi-Story Hotel and Parking Structure, San
Luis Obispo, CA: Hotel San Luis Obispo is located at 955 Morro Street in downtown San Luis
Obispo. The approximately 110,000 SF structure was constructed as part of a mixed-use project
in the Chinatown District of the city. The hotel encompasses 78 rooms and suites, two on-site
restaurants, a spa, garden courtyard, pool, gym and social event/meeting spaces for up to 350
guests. The multi-story building has a subterranean parking level, accessed via a ramp from
Morro Street, that entailed cuts of up to 17 feet. It utilized a conventional reinforced concrete
slab with poured-in-place retaining and shear walls and concrete columns. The first floor was
constructed utilizing a conventionally reinforced concrete slab, while the upper floors were
supported by post-tensioned concrete slabs with wood-framed construction.
Vespera on Ocean, Pismo Beach, CA: Vespera on Ocean is a 124-room Marriott Autograph
hotel located at 147 Stimson Avenue in Pismo Beach. Earth Systems conducted a geotechnical
engineering investigation for the project, which comprises an underground parking level, a
street level concrete podium deck and three stories of stud-framed hotel rooms, and exterior
pool and recreation areas. Challenges at the beach-front site included the potential for
liquefaction and dynamic settlement, subsurface water, and shoring of excavations adjacent to
adjacent buildings and infrastructure. Development of the site involved cuts of up to 16 feet to
accommodate the subterranean parking level.
San Luis Obispo County Regional Airport Passenger Terminal, San Luis Obispo, CA:
Earth Systems provided a geotechnical engineering report, materials testing and special
inspection for the recently completed San Luis Obispo County Regional Airport passenger
terminal. At approximately 56,000 SF, the new terminal is about 45,000 SF larger than the
previous facility. The $39.5 building includes a main entry, lobby, ticketing, baggage retrieval,
rental car and security screening areas, airport administration offices, a public parking lot and
main aircraft parking lot. It is of structural steel and masonry construction with a masonry
veneer. The building is supported by conventional continuous footing foundations and concrete
slabs-on grade.
Hotel Cerro, San Luis Obispo, CA: Earth Systems prepared reports to provide geotechnical
engineering criteria for the construction of the Hotel Cerro in downtown San Luis Obispo,
California. The 65-room structure includes 65 guest rooms, restaurant space, a conference
center, a spa and a rooftop pool deck. The structure consisted of wood and steel frame and
concrete cast-in-place construction.
William and Linda Frost Center for Research and Innovation, California Polytechnic
State University at San Luis Obispo, CA: The $125 million William and Linda Frost Center
for Research and Innovation will be an interdisciplinary building that will house three colleges
– the College of Science and Mathematics, the College of Agriculture Food and Environmental
Sciences, and the College of Liberal Arts. Currently under construction, the 102,000 SF structure
will have four levels and will include a total of 20 laboratories, a technology center, studio
space, classrooms, faculty offices, and conference rooms. A new plant conservatory is planned
for the hillside overlooking the Poly Canyon Village student housing complex.
ADDITIONAL INDUSTRY CERTIFICATIONS
DSA Pneumatically Pl. Concrete (#5954)
ACI Concrete Field Testing Technician, Grade 1 (No. 00931544)
Certified Nuclear Gauge Operator
Hazardous Waste Operations and Emergency Response, 40-hour and 8-hour refresher courses
(OSHA 29 CFR 1910.120 and Title 8, CCR 5192)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vii
EDUCATION
BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo, CA
LICENSES
Professional Land Surveyor
#LS7561, CA
STEVE WEBSTER, ls
SUPERVISOR OF SURVEYING
Steve has over 38 years of surveying experience in the office and the field. As a project manager, his primary responsibility is the management of construction projects. While at RRM
Design Group, he has performed surveying services, such as construction staking and boundary and topographic surveying, for both public and private sector clients. Along with field
surveying duties, Steve prepares construction stake calculations, conducts research and analysis of boundaries, and creates boundary, topographic, and ALTA maps. He has experience
with surveying equipment such as total and robotic stations and GPS.
PROJECT EXPERIENCE
Lucia Mar Unified School District, Arroyo Grande High School Parking, Arroyo
Grande, CA: RRM provided numerous layout concepts to maximize the existing parking
layout to accommodate a bus drop-off site and separate parking for the newly constructed
Performing Arts Center. RRM reviewed existing pavement conditions (to determine areas
that needed to be overlaid versus reconstructed) and prepared final construction documents
showing re-stripping of the area, relocation of parking lot lighting, and pavement
reconditioning. The total parking lot spaces provided were 367.
California Polytechnic State University, San Luis Obispo, Parking Structure, San
Luis Obispo, CA: RRM Design Group worked with Watry Design Group to design a new
1,300 car parking structure and multi-modal facility which will serve as the first of three
planned centers of public transportation on the Cal Poly San Luis Obispo campus.
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
Arroyo Grande Hospital, Parking Lot, Arroyo Grande, CA: RRM prepared studies to
review how the parking at Arroyo Grande Community Hospital could be increased to allow
for more parking on the site. After the plan was approved, RRM prepared the construction
documents to extend the current parking areas. The construction documents consisted of
grading, layout, electrical and landscape plans.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center Parking Structure Construction Staking, San Luis Obispo,
CA: RRM implemented the design and provided construction for phasing, staging, grading,
drainage, hydrology, parking, circulation, accessibility, off-site road design, and upgrades
to existing and new utility infrastructure. Following a two-year comprehensive planning
and design study led by RRM Design Group, the San Luis Obispo City Council approved the
Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital facilities. The Plan
calls for adding a new, 4-story, 85,000 SF tower to accommodate increased healthcare
demands, replace existing aging facilities, and add a new 45,000 SF medical office building
to serve the increasing demand for medical offices in San Luis Obispo. The Plan also includes
a new five-story, 400-space parking structure and a comprehensive reorganization of the
vehicle circulation.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for the Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX viii
EDUCATION
AS, Surveying and Forest Practices,
Kings River Community College,
Reedley, CA
BRIAN HELLWIG
SUPERVISOR OF SURVEYING
With a beginning in forestry and two decades of surveying experience, Brian is an expert surveyor. Brian offers experience in boundary surveying and construction staking of various
projects such as commercial, residential, and mixed-use developments. He has experience with surveying equipment such as total and robotic stations, high-definition three-dimensional
terrestrial laser scanning, GPS, and various surveying software. Brian’s previous work ranges from the expansive Hearst Boundary survey to the beautiful downtown Big Bear Streetscape.
His open communication style ensures that all parties involved in a project are updated with up-to-date and relevant information at every intersection.
PROJECT EXPERIENCE
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for The Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
City of Pismo Beach, Pismo Beach Pier Plaza and Parking Lot Upgrade, Pismo
Beach, CA: The City of Pismo Beach hired RRM to repurpose a portion of the existing
parking lot and expanded an existing small plaza at the base of the Pismo Pier. The plaza
is connected to two separate promenade boardwalks that run parallel to the beach. The
highlight of the plaza is two concrete slides that whisk giddy beachgoers of all ages from
the plaza onto the sand 16 feet below. Improvements include accessible access to the beach,
stepped seating, reconfigured parking lot, and a newly constructed restroom building.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot,
Pismo Beach, CA: Lucia Mar Unified School District hired RRM to make several campus
upgrades at Shell Beach Elementary School. This past spring, RRM completed updates to
reconfigure the student drop-off areas and school parking lot to improve the flow of traffic.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center, Parking Structure Construction Staking, San Luis
Obispo, CA: RRM implemented the design and provided construction for phasing, staging,
grading, drainage, hydrology, parking, circulation, accessibility, off-site road design, and
upgrades to existing and new utility infrastructure. Following a two-year comprehensive
planning and design study led by RRM Design Group, the San Luis Obispo City Council
approved the Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital
facilities. The Plan calls for adding a new, 4-story, 85,000 SF tower to accommodate
increased healthcare demands, replace existing aging facilities, and add a new 45,000
SF medical office building to serve the increasing demand for medical offices in San
Luis Obispo. The Plan also includes a new five-story, 400-space parking structure and a
comprehensive reorganization of the vehicle circulation.
Edward C. Little Water Recycling Facility, Visitor Center Renovation, El Segundo,
CA: A $9.6 million renovation of the visitor center resulting in a multipurpose visitor center
that will better enable West Basin to educate guests about the District’s mission, various
water recycling treatment processes, as well as water-related issues in the region.
ADDITIONAL EXPERIENCE
`Lucia Mar Unified School District, Oceano Elementary School Infrastructure Rehabilitation,
Oceano, CA
`City of San Luis Obispo, Police Station, San Luis Obispo, CA
`City of San Luis Obispo, Public Safety Dispatch Center, San Luis Obispo, CA
`Sierra Vista Hospital Heliport, San Luis Obispo, CA
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ix
EDUCATION
MS, Botany, California State University,
Chico
BS, Ecology and Evolution, University of
California, Santa Barbara
CERTIFICATIONS/
REGISTRATIONS
Certified Ecologist, Ecological Society
of America
California Rapid Assessment Method,
CRAM.org
Wetland Delineation Training, Richard
Chinn Environmental
PERMITS
Rare, Threatened, and Endangered
Plant Voucher Collecting Permit No.
2081(a)- 16-022-V – CDFW, 2018
COLBY BOGGS
SENIOR ECOLOGIST
Colby is a Principal and Senior Ecologist with Rincon Consultants. He brings over 23 years of professional experience as a botanist, ecologist, wetlands specialist, and biological sciences
educator and researcher. His duties at Rincon include biological field surveys for special status species, habitat and plant community mapping, wetlands assessments, biological resources
analyses, construction and mitigation monitoring, conservation planning, regulatory compliance, and the preparation of biological reports, environmental documents and permit
applications in support of CEQA, NEPA, Porter-Cologne Water Quality Control Act, California Fish and Game Code, California Coastal Act, Clean Water Act, Rivers and Harbors Act of 1899,
and State and federal Endangered Species Acts.
PROJECT EXPERIENCE
County of San Luis Obispo, QA/QC Biological Resources, On-call and Planning
Consultant Services for General Cannabis Case Processing, San Luis Obispo County,
CA: Colby worked with County staff, applicants and agents to process applications for proposed
cannabis operations which included indoor and outdoor cultivation and ancillary uses such as
distribution, processing, nursery, and small-scale non-volatile manufacturing. He reviewed
submitted application materials specific to biological resources, determined application
completeness in concurrence with County staff and prepared documentation of CEQA analysis
(IS-MNDs). Recently processed cases included production of the IS-MNDs for DRC2018-00010
Greenview, LLC and DRC2019-00110 Synergy Farms – Cano.
City of Paso Robles, QA/QC Biological Resources, Olsen-South Chandler Ranch, Paso
Robles, CA: Colby provided QA/QC for the Biological Resources section of the Paso Robles
Olsen/South Chandler Ranch Specific Plan Project. The 358-acre Specific Plan area represented
a key development area for the City, identified in the General Plan Land Use Element. The
project included a specific plan, general plan amendment, zone change, multiple tentative
tract maps, an oak tree removal permit, roadway abandonments and multiple development
agreements. The EIR analysis required a hybrid of programmatic and project-specific elements
to address the long-term impacts of buildout within the specific plan area as well as specific
impacts of the proposed residential, commercial and recreational uses in the specific plan area.
City of San Luis Obispo, QA/QC Biological Resources, San Luis Ranch Specific Plan
Project EIR, San Luis Obispo County, CA: Colby provided QA/QC for the Biological Resources
section of the San Luis Ranch Project on behalf of the City of San Luis Obispo. The 131-acre
project site represented a key development area for the City, identified in the land use and
circulation element update. The proposed project included a specific plan, general plan
amendment and development plan for a 131-acre project site, including annexation of the site
into the City of San Luis Obispo. This specific plan included a mixture of residential, commercial,
office and hotel uses, with a portion of the site preserved for agriculture and open space uses.
Our EIR approach on this project was a unique hybrid of programmatic and project-specific
elements developed in close coordination with City staff to address both the specific impacts of
the proposed development and the long-term impacts of buildout within the specific plan area.
South San Luis Obispo County Sanitation District, QA/QC Biological Resources,
Wastewater Treatment Plan Redundancy Project CEQA Technical Studies, Oceano,
San Luis Obispo County, CA: Colby served as Biological Resources Technical Advisor for
this project. The South San Luis Obispo County Sanitation District Redundancy project
involves the construction and operation of backup infrastructure at the District’s wastewater
treatment facility in Oceano. In support of Clean Water State Revolving Fund and United States
Department of Agriculture funding pursuits for the project, Rincon prepared technical studies
compliant with CEQAPlus and NEPA requirements. Technical studies include an Environmental
Report for Categorical Exclusion, a Federal Clean Air Act Conformity Analysis, a Cultural
Resources Assessment, and a Biological Evaluation. Rincon is also coordinating with U.S.
Department of Agriculture staff to facilitate the environmental review process and receive a
Biological Opinion from United States Fish and Wildlife Service for impacts to California red-
legged frog.
County of Santa Barbara, QA/QC Biological Resources, Arctic Cold Agricultural
Refrigeration Facility EIR, Santa Barbara County, CA: Colby is currently providing QA/QC for
the Biological Resources section of an EIR for the proposed Arctic Cold Agricultural Refrigeration
Facility in northern Santa Barbara County. The proposed project includes a Conditional Use Permit
and Development Plan for a freezer/processor facility on a 109-acre property east of Santa Maria.
Because the property is currently used for active agricultural production with a mix of row crops,
livestock grazing, and a vegetable cooling plant that is not a part of the proposed project, and
includes abandoned petroleum wells, the environmental evaluation focuses on agricultural
resources, air quality and greenhouse gas emissions, biological resources, hazards and hazardous
materials, transportation, and utilities and service systems.
City of Santa Maria, QA/QC Biological Resources, Area 9 Specific Plan EIR, Santa
Maria, CA: Colby provided QA/QC for the Biological Resources section of the EIR for the Area 9
Specific Plan. This project incorporated a range of land use components in a 900-acre Specific
Plan area, including agricultural manufacturing, commercial manufacturing, industrial,
commercial office, community commercial, open space, and mixed-use residential.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX x
EDUCATION
MS, Biological Sciences, California
Polytechnic State University, San Luis
Obispo
BS, Ecology and Systematic Biology,
Concentration in Wildlife Biology;
California Polytechnic State University,
San Luis Obispo
MICHAEL TOM, ms
SENIOR BIOLOGIST
Michael has experience conducting general and focused surveys for a variety of plant and animal species. He is proficient in maintaining herpetology collections and providing assistance
with a number of vertebrate and invertebrate species. Michael has working knowledge and training with the fauna and flora of the Central Coast, San Joaquin Valley, and desert regions
of California. He has also received specific training in survey protocols, habitat requirements and natural histories of the California Redlegged Frog (CRLF) and desert tortoise. Michael
has assisted in special status species, general wildlife and preconstruction surveys. He has performed protocol level surveys as well as preconstruction clearance and monitoring for San
Joaquin Kit fox. He has also performed protocol level surveys for desert tortoise, blunt nosed leopard lizard and California red-legged frog and has performed preconstruction surveys for
giant garter snake, western pond turtles, coast horned lizards, western spade foot toads, and nesting birds. He has been authorized by the U.S. Fish and Wildlife Service under Biological
Opinions for projects to handle CRLF and has handled the species on those projects where they were encountered.
PROJECT EXPERIENCE
SLO Creek California Red-legged Frog Habitat Assessment, San Luis Obispo County.
San Luis Obispo County, Supply line 36-9-09 emergency repair, Los Berros Creek, CA:
Conducted preconstruction surveys and monitoring for California red-legged frog. Captured
and relocated one California red-legged frog.
Santa Barbara County, Jail Northern Branch Facility, Santa Barbara, CA: California
red-legged frog habitat assessment in Santa Barbara County.
San Luis Obispo County, Arroyo Grande Creek at Rodriguez Road Grade Stabilization
Project: Conducted preconstruction surveys and monitoring for California red-legged frog.
Santa Rosa Creek Road 7.0 Emergency Culvert Repair Project Monitoring, San Luis
Obispo County, CA: Michael conducted preconstruction surveys and monitoring for California
red-legged frog.
San Luis Obispo County, California red-legged frog focused biological monitoring
for the Arroyo Grande Creek Levee Maintenance Project, San Luis Obispo County,
CA: Biological monitoring for the Old Los Berros Culvert Repair and Duckbill Valve Replacement
project.
San Luis Obispo County, City of Arroyo Grande, CA: California red-legged frog, western
pond turtle and nesting bird preconstruction surveys for the City of Arroyo Grande.
California red-legged frog and California tiger salamander focused construction
monitoring/relocation for the Salinas Road Interchange project, Salinas, CA:
Captured and handled four California red-legged frogs under the supervision of the authorized
biologist.
San Benito County, Vallecitos Oil Field and Gas Wells, Four Focused Project
Locations: California Tiger Salamander and California Redlegged Frog Habitat Assessment.
California Academy of Sciences and California Polytechnic State University
Biological Sciences Department: Four years of reptile and amphibian husbandry
experience (including handling of snakes, frogs, turtles, salamanders and lizards) combined
from the California Academy of Sciences and California Polytechnic State University Biological
Sciences Department.
PROJECT AUTHORIZATIONS
`California red-legged frog handling and relocation authorization, Los Osos Valley Road
Interchange Project, BO (1- 8-08-F-27)
`California red-legged frog handling and relocation authorization, Supply line 36-9-09
emergency repair, Los Berros Creek. Authorization under RGP 63 through Emergency
Section 7 Consultation with the USFWS.
`USFWS California red-legged frog handling authorization (Under supervision), Rodriguez
Waterline Stabilization Project. BO 8-8-12-F-17
`NMFS steelhead monitoring authorization under the supervision of lead fisheries biologist
Don Alley, Heritage Ranch Community Services District Gallery Well Repair Project. BO
151422SWR03SR8572
`USFWS California red-legged frog, San Joaquin kit fox and California condor monitoring
authorization, Heritage Ranch Community Services District Gallery Well Repair Project.
`USFWS California red-legged frog handling authorization (Under supervision), Salinas
Road Interchange Project. BO 8-8-09-F-65R
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xi
EDUCATION
BS, Forestry and Natural Resources,
Concentration in Wildlife Biology,
California Polytechnic State University,
San Luis Obispo
CERTIFICATIONS/
REGISTRATIONS
International Society of Arboriculture
Certified Arborist WE-12031A
USFS and CPUC approved Botanist,
Avian Biologist, and Bat Biologist
Department of Pesticide Regulation
Qualified Applicators License Category
E (Forest and Right-of-Way) License
#151384
Certified Recycled Water Site Supervisor
#5770
Professional Association of Diving
Instructors Certified Open Water Diver
CPR/First Aid Certified
CASEY CLARK
BIOLOGIST/ARBORIST/PROJECT MANAGER
Casey serves as a biologist, arborist and project manager under Rincon’s Natural Resources group. He is a personable, creative, and multifaceted California based biologist with an
expertise in botany and plant ecology. His responsibilities include leading and managing a variety of natural resources projects involving habitat suitability assessments, special-status
species surveys, habitat restoration success criteria monitoring, vegetation community classification and mapping, noxious weed surveys and risk assessments, jurisdictional delineations,
resource constraints analyses and arboricultural assessments. Mr. Clark has prepared extensive biological resources technical reports in support of the California Environmental Quality
Act and the National Environmental Policy Act. He has six years of experience in the environmental consulting industry and graduated cum laude from Cal Poly San Luis Obispo with a
Bachelor of Science in Forestry and Natural Resources where the focus of his coursework was in botany, wildlife biology, ecology, and resource conservation.
PROJECT EXPERIENCE
East Bay Municipal Utilities District, Quarry Site Restoration Project, Oakland, CA:
As Lead Biologist and Project Manager Casey prepared a competitive proposal that secured a
contract that contained rare plant surveys, a wetland delineation survey, and an arborist survey
for a potential East Bay Municipal Utilities District restoration project within an abandoned
60- acre quarry site outside of San Leandro, California. Casey lead the arborist surveys and
prepared a comprehensive Arborist Condition Report. He performed background research for
potential rare plants within the quarry site and managed the successful execution and delivery
of the Wetland Delineation Report. He served as the primary client-facing biologist managing
all aspects of the project, including budget, deliverable preparation and staff. The project was
successfully completed within budget.
Liberty Utilities, 650 Line Rebuild Project, Truckee, CA: Casey served as lead biologist
managing all project-related botanical tasks. He led full floristic field surveys, including
assessments for noxious weeds and rare plants and performed restoration success criteria
monitoring for the rebuild of approximately nine miles of power line reconstruction within the
Tahoe National Forest between the north shore of Lake Tahoe and Truckee, California. He also
prepared a comprehensive Botanical Resources Technical Report, Rare Plant Survey report, and
Invasive Plant Risk Assessment Report in cooperation with project mitigation measures. Casey
also utilized the data collected from bat roost habitat assessments and emergence reports to
prepare a Bat Emergence Survey Report.
San Diego Gas & Electric Company, Del Mar Reconfiguration Project, San Diego
County, CA: Lead project biologist managing all botanical tasks for the reconfiguration of an
existing 69 kilovolt power line, removal of an existing 69 kilovolt power line and conversion
of portions of existing 12 kilovolt distribution lines from an overhead to underground
configuration in San Diego County. Lead rare plant surveys and prepared a report documenting
over 25 species of special-status plants. Casey conducted and prepared preconstruction
surveys and reports, baseline restoration monitoring surveys and reports, monarch butterfly
monitoring, focused coastal California gnatcatcher surveys, nesting bird surveys and reports,
and conducted habitat assessments and emergence surveys for potential bat roosts.
Southern California Gas Company, Confidential Project, Various Counties/Cities,
Southern California: Lead surveys and prepared a Biological Resources Technical Report
in compliance with CEQA that identified existing or potential sensitive natural vegetation
communities, potentially jurisdictional aquatic features, and special-status plant and animal
species and their associated habitat for the installation of a proposed 30-inch diameter natural
gas pipeline beneath the Colorado River and the removal of the existing 30-inch-diameter
natural gas pipeline and it’s supporting suspension bridge over the river, extending southeast
from the community of Ehrenberg in Arizona into the City of Blythe in California. Assisted a
permitted biologist in focused western yellow-billed cuckoo and southwestern willow surveys
and report creation for client and agency submittal.
Southwest Gas Company, Helendale Hawes Line High-Pressure Main Replacement
Project, Various Counties/Cities Southern California: Casey lead surveys and prepared
a Biological Resources Technical Report in compliance with CEQA that identified existing or
potential sensitive natural vegetation communities, potentially jurisdictional aquatic features,
and special-status plant and animal species and their associated habitat. The project involved
the replacement of approximately 12 miles of 30-inch diameter natural gas pipeline traveling
immediately adjacent to the Mojave River in Helendale, California.
East Bay Municipal Utilities District, Walnut Creek Water Treatment Plant
Pretreatment Upgrades Project, Walnut Creek, CA: As Arborist and Project Manager,
Casey prepared a competitive proposal successfully securing a contract containing an arborist
survey for the 13.5 acre Walnut Creek Water Treatment Plant Upgrade Project in Walnut
Creek, California. Lead the arborist surveys and prepared a comprehensive Arborist Condition
Report, which made tree protection and removal recommendations based off protected tree
classifications, health condition and potential construction impact designations. As the primary
client facing biologist managing all aspects of the project, including budget, deliverable
preparation, and staff. Successful executive of the project granted additional arborist work at
the Lafayette Water Treatment facility in Lafayette, California.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xii
EDUCATION
MA, Anthropology, Northern Arizona
University
BS, Anthropology-Cultural Resources
Management California State
Polytechnic University, Pomona
CERTIFICATIONS/
REGISTRATIONS
Registered Professional Archaeologist
#415730, CA
AFFILIATIONS
Section 106 Compliance
Advanced Section 106
Society for American Archaeology
Society for CA Archeology
CHRISTOPHER DURAN, rpa
SENIOR ARCHAEOLOGIST
Christopher Duran is a Principal and Senior Archaeologist at Rincon Consultants, Inc. He brings more than a decade of professional experience in cultural resources management
and exceeds the SOI’s Professional Qualification Standards. In addition, he has worked throughout California for various federal, state, and local agencies and has worked on several
projects for private sector clients including developers and utility companies. Christopher has worked on hundreds of projects managing several millions of dollars in cultural resources
investigations. He is an expert in cultural resources management and has worked on projects in compliance Sections 106 and 110 of the National Historic Preservation Act (NHPA), the
National Environmental Policy Act (NEPA), and the California Environmental Quality Act (CEQA) as they pertain to cultural resources.
PROJECT EXPERIENCE
Watt Communities, LLC., Braverman Drive Tentative Map Project Phase II and III
Cultural Resources Investigations, City of Santee, CA: As Project Manager/Principal
Investigator, Christopher managed Phase II test investigations and managed field personnel
and reporting during the site evaluation phase of a residential development project in Santee
that includes one significant prehistoric site, CA-SDI-5669. Evaluation determined that CA-
SDI-5669 is eligible for listing in the California Register of Historical Resources and required
mitigation prior to ground disturbance related to construction of the development. Christopher
prepared and executed a Data Recovery Plan and Research Design to mitigate the site.
Santa Barbara County, Hollister Avenue Road Widening Project Cultural Resources
Investigation, Cities of Goleta and Santa Barbara, CA: The project included the
survey and documentation of a roadway interchange. Christopher led the field survey effort,
document production and recommendations for the project.
Southern California Gas Company, On-Call Cultural Resource Studies for Southern
California Gas Company, Southern California: As Principal Investigator/Project Manager,
Christopher prepared scopes of work, cost estimates and requests for service for archaeological
studies throughout Southern California Gas Company’s (SoCalGas) jurisdiction. To date, studies
managed for SoCalGas include emergency monitoring projects on Bureau of Land Management
(BLM) lands during evaluation of the integrity of Lines 2000 and 3000 that required
coordination between SoCalGas, BLM and a qualified subcontractor that performed the work.
Additional undertakings performed under this contract include monitoring at Mission Santa
Barbara, survey of two deep well anodes in the Mojave Desert, archaeological monitoring
during wetland delineation on Burton Mesa (Santa Barbara County), and monitoring during
pipeline installation for the Goleta Storage Project. Christopher also managed subcontractor
performance, tracked and managed invoicing, reviewed project deliverables and scheduled
qualified staff to perform the work.
Naval Facilities Engineering Command, Stuart Mesa West Phase II Archaeological
Investigation, Camp Pendleton, San Diego County, CA: As Field Director, Christopher
managed field crews, conducting test excavations, reporting and collections management.
Narven Enterprises, Archaeological Testing at 1441-1447 Sixth Avenue, San Diego,
CA: As Principal Investigator/Project Manager, Christopher coordinated the reparation and
implementation of an archaeological testing plan (ATP) for potential subsurface deposits
on a proposed redevelopment site in downtown San Diego. He reviewed and approved ATP
prior to submission to the client. The ATP was based upon the results of reviewing Sanborn
Fire Insurance maps dating to the turn of the nineteenth century that documented previous
development on the property. Christopher served as on-call Principal Investigator during
mechanical excavations on the property, the results of which were negative.
Bureau of Indian Affairs, Ewiiaapaayp Reservation Road Construction Cultural
Resources Inventory, Ewiiaapaayp Indian Reservation, San Diego County, CA: As
Project Manager/Principal Investigator, Christopher managed field crews, budgeting, and
maintained contact and coordination with the primary contractor, Bureau of Indian Affairs and
Tribal Government.
Bureau of Indian Affairs, La Posta Reservation Road Construction Cultural Resources
Inventory, La Posta Indian Reservation, San Diego County, CA: As Project Manager/
Principal Investigator, Christopher managed field crews, budgeting, and maintaining contact
and coordination with primary contractor, Bureau of Indian Affairs and Tribal Government.
Bureau of Indian Affairs, Santa Ysabel Reservation Road Reconstruction Cultural
Resources Inventory, Santa Ysabel Reservation, San Diego County, CA: As Project
Manager/Principal Investigator, Christopher prepared technical documents and provided
agency consultation.
Bureau of Land Management, Palm Springs South Coast Field Office, Canyon Lake
Fuels Reduction Cultural Resources Inventory Project, Riverside County, CA: As
Project Manager/Principal Investigator, Christopher managed fieldwork, field crew, scheduling,
budgeting, preparing the technical report and maintained client contact.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiii
EDUCATION
MA, Public Archaeology, California State
University Northridge
BS, Anthropology – Emphasis in
Physical Anthropology, University of
California, Santa Barbara
AFFILIATIONS
Register of Professional Archaeologists
Member
Society for California Archaeology
Member
Society for American Archaeology
Member
DUSTIN MERRICK, rpa
ARCHAEOLOGIST/PROJECT MANAGER
Dustin is an Archaeologist with Rincon Consultants, Inc. He has extensive experience with pedestrian survey, archaeological excavations, monitoring, site mapping, and site recordation.
Dustin also has experience managing projects throughout the Central Coast. He has worked with both prehistoric and historic archaeology throughout the Central Coast and Mojave
Desert areas as well as the Channel Islands. He is experienced in protecting and managing cultural resources and specializes in osteological, faunal, and paleoethnobotanical analyses,
specializing in prehistoric coastal and near-shore island environments.
PROJECT EXPERIENCE
Water Resource Recovery Facility Project, San Luis Obispo, CA: Dustin managed
archaeological and paleontological resource monitoring and directed all fieldwork associated
with the project. In addition, he worked directly with the City of San Luis Obispo and Native
American monitor for the reinternment of cultural materials.
Pacific Gas and Electric Cambria Access Road Maintenance Project, San Luis Obispo
County, CA: Dustin was field lead for the survey within United States Forest Service lands and
was the primary author of the technical cultural resource constraints report.
Pacific Gas and Electric Tassajara Road Maintenance Project, San Luis Obispo County,
CA: Dustin was field lead for the survey within United States Forest Service lands, coordinated
with the Native American Heritage Commission and local tribe members and was the primary
author of the technical cultural resource constraints report.
Central Coast Blue Test Injection Well Extended Phase I Study, City of Pismo
Beach, CA: Dustin managed all cultural resources components including survey, testing and
monitoring and was the lead author on the cultural resources study.
Cathodic Anode Well Project, Santa Barbara County, CA: Dustin was the field lead for
the survey within Bureau of Land Management lands, coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
report.
Organic Liberty Cultivation Project, Santa Barbara County, CA: Dustin was field lead
for the survey, coordinated with the Native American Heritage Commission and local tribe
members and was the primary author of the technical report. In addition, he was the lead for
the cultural resources and tribal cultural resources section in the environmental impact report.
Pacific Gas and Electric Vandenberg-Divide Project, Santa Barbara County, CA: Dustin
was field lead for the survey within Vandenberg Airforce Base lands and was the primary
author of the technical cultural resource constraints report.
Pacific Gas and Electric Gates Tulare Project, Tulare County, CA: Dustin was field
lead for the survey within Bureau of Land Management lands, coordinated with the Native
American Heritage Commission and local tribe members and was the primary author of the
technical cultural resource constraints report.
California High Speed Rail, Madera County, CA: Dustin was field lead for multiple
monitoring and survey efforts, coordinated with the local tribe members and was the primary
author of multiple technical cultural resource reports.
Rexford Solar project, Tulare County, CA: Dustin coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
cultural resource report. In addition, he was the project manager for the project and assisted
the survey effort.
Bellefield Solar, Mojave, CA: Dustin led the survey and is the project manager for the Phase
II testing. In Addition, Mr. Merrick coordinated with the Native American Heritage Commission
and local tribe members and was the primary author of the technical cultural resource report.
Aratina Solar Project, Mojave, CA: Dustin participated in the survey, coordinated with the
Native American Heritage Commission and local tribe members and was the primary author of
the technical report.
APN 038-260-049 Phase I Cultural Resources Study Project, Kings County, CA: Dustin
conducted a pedestrian survey of the property directly west and south of the Avenal Animal
Shelter, conducted Native American outreach and co-authored the technical report.
Solar Cultural Resources Investigation, Kern County, CA: Dustin served as a crew
member for the pedestrian survey and recorded prehistoric and historic sites using ArcPad GIS
software.
Cave Valley School Extended Phase I Study, Cool, CA: Dustin led the extended Phase I
excavation and was the lead author on the cultural resources study.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiv
EDUCATION
BA, Anthropology, San Diego State
University, San Diego, California
Minor, Geology, San Diego State
University, San Diego, California
JENNIFER DICENZO
PALEONTOLOGICAL PROGRAM MANAGER
Jennifer has over 10 years of fieldwork and consulting experience in California paleontology and archaeology. She received her BA degree in anthropology with a focus in archaeology and
a minor in geology with a focus on paleontology, at San Diego State University in 2012. She has made substantial contributions supervising field staff, surveying, construction mitigation
monitoring, data recovery, fossil salvage, laboratory fossil preparation, writing technical assessments, developing, and administering monitoring and mitigation plans, report writing,
managing projects, business development and graphic design. Jennifer has coordinated compliance monitoring on a range of projects including renewable energy, transmission lines,
housing and commercial developments, transportation and utility. She has written and supervised the preparation of numerous technical documents including paleontological resources
assessments and technical reports, impact analyses, paleontological mitigation and monitoring plans, paleontological section of if environmental impact reports, environmental
assessment reports, initial studies for mitigated negative declarations, paleontological monitoring reports and paleontological survey reports.
PROJECT EXPERIENCE
County of San Luis Obispo, San Luis Obispo County Paso Basin Land Use
Management Area Planting Ordinance Program Environmental Impact Report, San
Luis Obispo County, CA: As Senior Paleontologist/Project Manager, Jennifer was responsible
for overseeing the paleontological study for incorporation into the Program Environmental
Impact Report. The study included reviewing existing literature and geological mapping to
provide a paleontological resources assessment and sensitivity analysis and provided measures
to mitigate impacts to fossil resources.
City of San Luis Obispo, Utilities Department –Water Resource Recovery Facility
Project, San Luis Obispo County, CA: As Senior Paleontologist, Jennifer was responsible
for providing oversight and coordination of paleontological fieldwork for this ongoing mass
excavation into Quaternary older alluvial deposits.
Southern California Edison – Valle Substation Project, Ventura County, CA: As
Senior Paleontologist/Project Manager, Jennifer was responsible for providing oversight and
coordination of all fieldwork and prepared a summary of findings for a paleontological survey
of a proposed utility improvements project.
City of Port Hueneme –Bubbling Springs Routine Maintenance Agreement Project,
Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer oversaw a
paleontological initial study to be incorporated into the mitigated negative declaration for the
project. The study included reviewing existing literature and geological mapping to provide
a paleontological resources assessment and sensitivity analysis and provided measures to
mitigate impacts to fossil resources.
Caltrans District 8 – French Valley Parkway/I-15 Project, Riverside County, CA: As
Paleontologist, Jennifer was one of two paleontologists responsible for surveying, planning,
construction mitigation monitoring and writing the paleontological technical sections of the
final survey and monitoring reports of results of excavations into the highly sensitive Pauba
Formation in a complex area of the project requiring work on a busy freeway and city streets.
Casitas Municipal Water District – Ventura-Santa Barbara Intertie Project,
Ventura County, CA: As Senior/Project Manager, Jennifer was responsible for managing
paleontological consulting, monitoring, and reporting for several ongoing projects related the
Ventura-Santa Barbara Intertie Project. Jennifer supervised and coordinated paleontological
field personnel and provides guidance related to handling of paleontological resource localities
during excavations into multiple geologic units with a range of sensitivity.
Santa Clarita Valley Water Agency, South Wells PFAS Groundwater Treatment
Facility Project, Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer
oversaw a paleontological initial study to be incorporated into the mitigated negative
declaration for the project. The study included reviewing of existing literature and geological
mapping to provide a paleontological resources assessment and sensitivity ratings and
provided measures to mitigate impacts to fossil resources during construction of a proposed
per- and polyfluoroalkyl substances treatment facility.
Southern California Edison – Valley South Subtransmission Line Project, Riverside
County, CA: As Senior Paleontologist, Jennifer was responsible for leading a crew of 8+ team
members through 17 miles of a future linear transmission line. All survey work was incorporated
into the Proponents Environmental Assessment (PEA) for Southern California Edison. This
included proper BLM authorization and permitting to conduct surveying and a research design
for field reconnaissance related to the PEA, EIS/EIR documentation for the transmission line.
Greystar/City of San Diego – Sixth and Olive Project, San Diego County, CA: As Project
Manager/Senior Paleontologist, Jennifer was responsible for recovering 70 fossil specimens
from 9 localities. She drafted the budget, prepared the proposal, attended preconstruction
meetings with City of San Diego, provided record search and literature review results, then
applied cross trained archaeological and paleontological field and technical support during the
project, provided project management/scheduling, salvaged fossil specimens, prepared fossil
specimens in the laboratory, curated the fossil collection, and wrote the final paleontological
monitoring report for a mass excavation 70+ feet into San Diego Formation near Balboa Park
in eastern Downtown San Diego.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xv
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
Randy has over 38 years of experience in the construction industry involving the
management of multi-million dollar projects for public and private sector clients.
He has specialized in a variety of project types including parking structures, civic/
municipal, healthcare, corrections and education. Randy is an effective leader who
believes trust, efficient conflict resolution, commitment, personal accountability and a
goal-oriented approach are keys to a happy team and a successful project.
EDUCATION
BS, Construction Management,
Colorado State University
LICENSES & CERTIFICATIONS
General Building Contractor B License #816632, CA
LEED Accredited Professional; Assoc. Design-Build Prof.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential Community, San Luis
Obispo, CA: A $204 million, 562,446 SF design-build project featuring eight structures with four and five levels
above grade. The project featured single, double and quad units totaling 1,475 beds for first year students and an
associated parking structure totaling 154,363 SF and over 480 stalls.
Madera County Government Center, Madera, CA: A new $40 million, four-story, 131,000 SF administration
building consisting of office space for county officials, customer service areas, board chambers as well as various
conference and meeting rooms. The project also includes a new 400-car parking structure.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis Obispo, CA: A new $17.5
million (construction cost), 28,650 SF, single story bus maintenance facility with over 2,600 SF of mezzanine/
equipment platform located on a 6.44-acre site. The facility accommodates operations, administration and
maintenance areas and includes detached enclosures on-site, including a trash enclosure and canopy over bus
parking. Work also includes off-site improvements, specifically the T-intersection for future Elks Lane realignment.
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at the
Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
MATT CHAPPELL, eit, cep
Estimating Manager
Matt has more than 26 years of experience in private and public construction and design.
His experience includes project management, agency/contractor coordination, scheduling
and project budgets, utility construction and estimating on multiple municipal and
education projects. As a Certified Estimating Professional (CEP) by the Association for the
Advancement of Cost Engineering (AACE), Matt exemplifies the well-rounded construction
estimating professional.
EDUCATION
BS, Civil Engineering, University of Nebraska
LICENSES & CERTIFICATIONS
Engineer in Training #EI-7956, NB
Certified Estimating Professional #130-10
PROJECT EXPERIENCE
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A new $16 million, 31,000
SF, two-story office building featuring office space for county probation staff, interview rooms, training, conference
and evidence rooms, armory, secured sallyport, break rooms, locker and changing rooms, restrooms with showers, a
public lobby, parking as well as an emergency generator.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well as
intersection improvements at Arizona Avenue and Chicago Street.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA: A new
$1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to 11-story office
buildings with two multi-floor podiums at the base for the towers. Site improvements include a seven-level parking
garage with 1,294 spaces and an additional 318 surface parking spaces.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance and
operations facilities with a new bus maintenance building, operations building and an administrative office facility,
along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work includes
renovation of the existing building. The facility houses twelve additional executive offices and a new Board Room for
Butte County Association of Governments official board meetings.
AS-NEEDED IN-HOUSE SUPPORT SERVICES
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xvi
RICK STASSI
Scheduling Manager
Rick has over 45 years of technical and analytical industry scheduling experience, with
a diverse career in the engineering and project management fields. His experience
encompasses project controls, engineering support, customer service and information
technology support as well as scheduling, with excellent interpersonal and team building
skills. Rick is familiar with a wide range of systems and software including Procore, MS Project, Power BI, Primavera,
Prolog and AutoCAD. His experience includes high volume projects across several industries including water/
wastewater, aviation, civic/municipal, commercial and transportation.
EDUCATION
Coursework, Engineering, Sacramento City College
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, Vista Grande Dining Facility, San Luis
Obispo, CA: A new $39.8 million, 35,000 SF, three-story dining complex facility which replaces a 43-year
old facility. The new complex, which is double the size of the old facility, features six micro-restaurants with
exhibition-style cooking as well as increased seating and lounge space encompassed in a modern LEED Gold
certified building.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at
the Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating
and air conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA:
A new $1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to
11-story office buildings with two multi-floor podiums at the base for the towers. Site improvements include a
seven-level parking garage with 1,294 spaces and an additional 318 surface parking spaces.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has
a three level parking structure and a two-story office portion above the parking garage. This project is designed
to achieve LEED Gold certification.
Atascadero Unified School District, Measure I-10 & B-14 Bond Program, Atascadero, CA: A $126.2
million bond program providing expansion of vocational education programs and facilities, computer and
technology upgrades and construction of a new science, technology, engineering and math facility at the high
school as well as a new administration/classroom building at the middle school.
HEATHER BROWN, pe, cpmp, leed ap
Engineering & Architectural Services Director
Heather brings more than 27 years of experience in the construction industry, where she
has worked on a wide variety of public, higher education and commercial facilities. Her
experience includes project management, mechanical and plumbing design, assessing
and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD
drawings. Heather is responsible for the management of engineers and architects working with code, access
compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies,
specifications development, needs assessments, master planning studies, facility assessments and construction
inspections.
EDUCATION
MBA, Finance, California State University Sacramento
BS, Mechanical Engineering, University of Portland,
Oregon
LICENSES & CERTIFICATIONS
Mechanical Engineer #M31667, CA
LEED Accredited Professional
Commissioning Process Management Professional
PROJECT EXPERIENCE
San Luis Obispo Community College District, Photovoltaic Feasibility Study - Main and North Campus,
San Luis Obispo, CA: Kitchell performed a study exploring the feasibility of installing on-site solar photovoltaic
systems at Cuesta College’s Main and North Campus. The report investigated the electrical demand of the
campuses over the pre-pandemic fully operating time frame of 2018-2020, the existing electrical site conditions,
and civil infrastructure to determine the feasibility of installing an on-site solar photovoltaic system.
Civic Park Condominiums, Cupertino, CA: Mechanical Engineer for this 132,000 SF, 4-story mixed development
with 80 condominium units and 20,000 SF of retail and office space. The project also included a 120,000 SF, 3-level
parking garage.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has a
three level parking structure and a two-story office portion above the parking garage. This project is designed to
achieve LEED Gold certification.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well
as intersection improvements at Arizona Avenue and Chicago Street.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance
and operations facilities with a new bus maintenance building, operations building and an administrative office
facility, along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work
includes renovation of the existing building. The facility houses twelve additional executive offices and a new
Board Room for Butte County Association of Governments official board meetings.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 Marsh Street, Suite 150
San Luis Obispo, CA 93401
www.kitchell.com
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT C
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 1
Fee Proposal Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Compensation for Services
Kitchell’s philosophy for determining our compensation for services is driven by matching value to cost. In other
words, we strive to provide the most appropriate complement of services and delivery methods to meet your
objectives. Our primary goal is to align our understanding of the project success factors with your expectations.
Our approach can be best described as “bottom-up-planning,” where we define the tasks to be performed, produce
a detailed scope of services, identify staff that will implement the tasks, calculate the staff time requirement for
each task and determine the resulting compensation. We believe this method provides you with the most cost-
effective fee for the services provided.
Typically, we prefer to be compensated on a lump sum fixed fee basis derived by using the approach just described.
This arrangement eliminates the perception that the construction manager would benefit financially from
construction cost overruns and change orders. We do not make it a practice to request changes to our contract for
minor scope changes, or for major scope changes which can be managed within our established staffing plan and
schedule.
Billing amounts are determined using the method most appropriate to match the cost of carrying out our services.
We are accustomed to billing using various compensation methods, which include: a fixed billing schedule,
percentage of project/contract completion, and predetermined hourly rates, among other methods. Kitchell has
worked under many different compensation methods and is flexible in meeting your preferences.
Reimbursable Expenses
Reimbursable expenses are those customary and reasonable costs associated with carrying out our Construction
Management services and includes subconsultant invoices, Resident Engineer’s travel, printing, postage, and a
copier/scanner for the job site office. We will charge only actual costs plus 10% to cover invoice processing and
insurance. We understand the Phase 2 construction contract will include provisions for the contractor to provide an
office space and a conference room for the construction management team including electricity, phone, internet,
water, and sanitation services. Preconstruction services and Phase 1B construction services will be managed from
our San Luis Obispo Office.
Proposed Fees
Phase 1B and Phase 2 fees are summarized below and broken down in detail by task and staff billing rates with
estimated hours in the succeeding table. Subconsultant fees are identified within their respective tasks and
include Kitchell’s mark-up on their fees. Our fee is based upon utilizing a full-time Project Inspector provided by
Earth Systems. This position may not be redundant with City inspection, and if eliminated, would render $852,720
savings. Refer to the attached subconsultant fee proposal for further information regarding assumptions each firm
used in deriving their fees. Rincon’s fees are for basic services. Their fee proposal also includes optional services the
City may wish to consider.
Our fees are based upon the scope of services described in Appendix A of the RFP and the following durations:
Preconstruction services, 3-4 months from commencement of services to start of Phase 1B construction; Phase
1B, 6 months construction with post-construction concurrent with Phase 2 construction; Phase 2, 23 months
construction in sequence with Phase 1B construction followed by 3 months for post-construction.
Please see the following page for details.
Task Phase 1B Phase B
Task 1: Preconstruction Services $41,750 $22,500
Task 2: Construction Services $584,580 $2,788,440
Task 3: Geotechnical & Materials Testing & Specialty Inspection $111,553 $469,975
Task 4: Surveying $3,960 $19,800
Task 5: Construction Environmental Mitigation & Monitoring $29,638 $28,679
Task 6: Post-Construction Services $12,200 $126,500
Grand Totals:$783,681 $3,455,894
EXHIBIT C
REVISED 11.9.2022
$3,436,094
$405,060
$600,201
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
Description
Rate/
Unit Price
Phase 1B Phase 2
Hrs/Units Amount Hrs/Units Amount
Task 1: Preconstruction Services
Project Director $230 12 $2,760 2 $460
Resident Engineer $220 76 $16,720 40 $8,800
Assistant Resident Engineer/Sr. PM $205 76 $15,580 40 $8,200
Sr. Scheduler $180 20 $3,600 16 $2,880
Sr. Estimator $180 8 $1,440 12 $2,160
Reimbursable Expenses Allowance -$1,650 -$0
Task 2: Construction Services
Project Director $230 48 $11,040 184 $42,320
Resident Engineer $220 96 $21,120 736 $161,920
Assistant Resident Engineer/Sr. PM $205 920 $186,600 3,680 $754,400
Quality Assurance Manager $170 960 $163,200 3,660 $622,200
Project Engineer ---3,600 $396,000
Project Inspector (By Earth Systems)$187 960 $179,520 3,600 $673,200
Sr. Scheduler $180 72 $12,960 300 $54,000
Sr. Estimator ---200 $36,000
Reimbursable Expenses Allowance -$8,140 -$48,400
Task 3: Geotechnical and Materials Testing and Specialty Inspection (Performed by Earth Systems)
Earth Systems’ Fee with Kitchell
Mark-up Quotation -$111,553 -$469,975
Task 4: Surveying (Performed by RRM)
RRM’s Fee with Kitchell Mark-Up Quotation -$3,960 -$19,800
Task 5: Construction Environmental Mitigation and Monitoring (Performed by Rincon)
Rincon’s Fee with Kitchell Mark-Up Quotation -$29,638 -$28,679
Task 6: Post-Construction Services
Project Director ---24 $5,520
Resident Engineer ---24 $5,280
Assistant Resident Engineer/Sr. PM ---96 $19,680
Quality Assurance Manager $170 20 $3,400 240 $40,800
Project Engineer $110 80 $8,800 480 $52,800
Reimbursable Expenses Allowance -$0 -$2,420
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 3
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 2
Scope of Work
Phase 1B
Task 1 Project Initiation and Project Management
This task includes project management, client coordination, quality assurance/quality control, and
administration needed to prepare and execute the mitigation and monitoring plan for the project. The
Rincon Principal and/or Project Manager will participate in one (1) project kickoff call with Kitchell and
City staff. As part of this task, Rincon will undertake ongoing environmental compliance coordination
with Kitchell and the City, review the overall project schedule, and establish a communication protocol
to coordinate project changes or other issues that may arise throughout the duration of Phase 1B and
Phase 2 construction activities. The project management task will also focus on maintenance of the
project schedule.
Rincon will manage the project team associated with environmental compliance activities including any
optional tasks (if necessary), on-site monitoring, and reporting; coordinate the environmental review
process schedule; and provide project updates for the environmental compliance. Rincon’s principal in
charge and/or project manager will review and comment on the meeting minutes project status and
budget updates. In addition to the kickoff meeting, Rincon proposes to attend up to six (6) coordination
meetings with Kitchell and City staff, if applicable.
Task 2 Nesting Bird Surveys and Reporting
As outlined in the Plan, project activities that occur during the nesting bird season (February 1 through
August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more than
three days prior to the initiation of ground disturbance and/or vegetation removal activities.
A qualified Rincon biologist will conduct a nesting bird survey within three days prior to ground
disturbing and/or vegetation removal activities for Phase 1B and Phase 2 as two separate surveys based
on our understanding of the timing for each of these phases (see task 7). The nesting bird surveys will be
conducted within the project boundary plus a 500-foot buffer for raptors and within the project area
plus a 300-foot buffer for all other bird species where safely and legally accessible. The surveys will be
conducted on foot within all accessible areas. Binoculars will be used for all inaccessible areas (e.g.,
private lands).
This scope of work and associated cost assumes an individual nesting bird survey and report will be
required for each of two phases: Phase 1B and Phase 2. Each nesting bird survey can be completed by
one biologist in a single 4-hour day. If active an active nest(s) is found during a given survey, additional
field time will be required to complete the survey (i.e., observation and documentation time necessary
to assess nesting status such as clutch size and egg/fledging presence) and will be included as an
amendment. If either of the project’s phases are to occur outside of the nesting bird season, a nesting
bird survey and report will not be prepared for that phase.
Upon completion of each nesting bird survey, Rincon will prepare a brief letter report that includes the
purpose, methodology, and results. If active nests are found, a figure depicting the nest(s) location will
be prepared. The reports will include a recommended avoidance buffer and monitoring period if an
active nest is found within the survey area. Since the number of nests that may be identified is
unknown, our cost does not include installing nest buffer(s), additional coordination, or monitoring the
Rincon Consulting
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 3
active nest(s). If required, these monitoring tasks will be included as an additional scope of work to be
authorized by the City prior to completion. The cost for this task assumes the draft letter reports will be
submitted electronically for client review. Response to comments with up to two hours of staff time for
each report is included. The final drafts will be compiled and submitted electronically.
Task 3 Archaeological Construction Monitoring and Reporting for Phase 1B
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 1B
activities. Additionally, a qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior’s Professional Qualifications Standard for archeology, shall be retained to
oversee all mitigation measures related to archaeological resources, outlined in the following tasks.
Task 3.1 Project Kickoff and WEAP Training
Prior to the start of construction, Rincon will prepare a WEAP training program. The training will be
presented to all on-site personnel and will include a briefing regarding the types of archaeological
resources and/or fossils that could be found in the project area and the procedures to follow should
archaeological or paleontological resources be encountered. The training will also include a discussion of
applicable laws and penalties for removal or disturbance of archaeological or paleontological materials
found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be accomplished at the pre-construction kick-off meeting and will be conducted by the
Qualified Archaeologist, Qualified Paleontologist, or their designated representative(s).
Task 3.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 1B of the project. The monitor shall be on-site on a full-time basis
during initial earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the City, monitoring
may be reduced or eliminated based on observed conditions. The qualified archaeologist will observe
soil disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources
are encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the
event resources potentially significant under CEQA are encountered, further investigation beyond the
scope of work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 4
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 4 Paleontological Construction Monitoring for Phase 1B
Task 4.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Optional Task 5 Historic American Building Survey Documentation
Phase 1B and 2 are subject to the requirements of MMRP Measure CR-1 outlined in the Final EIR MMRP,
which requires historic American building survey documentation prior to construction. If authorized,
Rincon will prepare the required Historic American Building Survey (HABS)-level III documentation of
two buildings, 610 and 614 Monterey Street prior to initiation of Phase 1B and Phase 2 construction
activities.
For this effort, Rincon’s project team will be led by Architectural History Project Manager JulieAnn
Murphy with oversight provided by Architectural History Principal Shannon Carmack. Both Ms. Murphy
and Ms. Carmack meet and exceed the Secretary of Interior’s Professional Qualification Standards (PQS)
for History and Architectural History (36 CFR, Part 61). Additionally, they have prepared several HABS-
like documentation packages for buildings and structures located throughout California.
Photographs
A Rincon Architectural Historian meeting the PQS Standards will conduct site visits to 610 Monterey
Street and 614 Monterey Street. The purpose of the site visit will be to photograph the buildings.
Photographs will be taken using a professional-quality single lens reflex digital camera. Large-format
photographs and site drawings/plans will not be included as a component of the HABS package; either
can be provided but would require a contract amendment. Images captured will include context views,
elevations/exteriors, architectural details, overall interiors, and interior details (if warranted). A
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 5
maximum of 30 views of each building will be taken. The actual number of views obtained will depend
upon site conditions, access, and safety considerations.
Rincon assumes the City’s staff will facilitate access to the buildings, including the interiors and exteriors
of the buildings. Given the close proximity of the buildings, Rincon further assumes one site visit will be
sufficient to complete documentation. Following completion of the site visit, Rincon will upload
photographs to an FTP site for review by the City to confirm that the photographs are adequate and will
satisfy the HABS documentation requirements.
Supplemental Research and Preparation of HABS Reports
Rincon will prepare a HABS-level III report for the buildings in a format consistent with the Secretary of
the Interior’s Standards and Guidelines for Architectural and Engineering Documentation: Historic
American Building Survey. The report will include a physical description of the buildings and available
information on their design and history. It will document the buildings’ construction history,
architecture, and historical significance. Rincon will draw on existing documentation to the greatest
extent feasible and will perform additional research as needed. The scope for this task does not include
preparation of updated Department of Parks and Recreation (DPR) forms.
Compilation of HABS Documentation Packages
Upon completion the tasks described above, Rincon will assemble a HABS-level III documentation
package for each building. The package will include photographs and the HABS-level III report. It will
integrate any additional data collected. A map indicating the location from which each photograph was
taken, and a photograph log, will be included for reference. A draft digital copy of each package will be
submitted to the City for review and approval, following which point it will be finalized.
Following finalization, Rincon will send original hard copies of the packages to San Luis Obispo Library
and the History Center of San Luis Obispo County to satisfy the specific requirements of MMRP Measure
CR-1. The photographs and the report will be printed on acid-free archival-bond paper and labeled and
stored in archival sleeves and folders accordingly. The entire package will be housed in an acid-free
storage container prior to delivery. Should additional hard or electronic copies of the documentation
packages be requested, a change order will be necessary.
Optional Task 6 Extended Phase 1 Testing
Based on the findings of the Mitigation and Monitoring Plan prepared by Rincon in 2022, the anticipated
method for investigating subsurface remains associated with CA-SLO-2431H is through an Extended
Phase 1 (XPI) investigation consisting of mechanical backhoe trenching subsequent to demolition and
pavement removal. Use of a backhoe will allow for an expedited review of the soil profiles and an
assessment as to the potential to encounter buried archaeological deposits. The area of disturbance for
demolition and pavement removal for Phase 1B and Phase 2 of the project is approximately 300 feet by
200 feet. Therefore, four backhoe trenches oriented from east to west and spaced approximately 20
meters (66 feet) apart will be necessary. Rincon assumes the XPI investigation will be negative for
subsurface archaeological material that will require formal evaluation. In the event subsurface deposits
that require such evaluation are identified during the XPI investigation, a budget amendment would be
necessary to document and evaluate the finds. If the XPI investigation is positive, a Phase 2 significance
evaluation may also be necessary to determine if the project will have a significant impact on the
resource and to evaluate the deposit(s) for significance under CEQA. If an intact archaeological deposit is
encountered during the Phase 2 that cannot be avoided by project design, a Phase 3 data recovery
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 6
excavation of the deposit would likely be necessary to mitigate impacts. Phase 2 and Phase 3 testing
would require a separate scope of work and cost.
Optional Task 6.1 Extended Phase 1 Testing Plan
Rincon will prepare an XPI work plan upon authorization. The work plan will include a discussion of the
goals of the study, methods to be employed, and factors that determined the scope. Rincon assumes
this plan will be submitted electronically and approved with a single combined round of comments from
the City.
Optional Task 6.2 Extended Phase 1 Fieldwork
This work effort will be conducted under the direction of Rincon archaeologist Dustin Merrick, MA, RPA,
who meets the Secretary of the Interior’s Professional Qualification Standard for prehistoric and historic
archaeology. Under the direction of the Qualified Archaeologist, two Rincon archaeologists will direct
the mechanical excavation of a series of up to four (4) trenches totaling approximately 800 linear feet to
assess the presence or absence of subsurface archaeological deposits associated with CA-SLO-2341H
within the project site. XPI fieldwork will require a two-person crew for no more than five (5), eight (8)
hour days inclusive of travel time. Trenching will be performed by a qualified excavation contractor
under the direction of the Rincon field director. This scope of work assumes costs for the excavation
contractor will not exceed $1,200 per day. Rincon assumes that the presence of a Native American
monitor will not be required for excavation activities, as no prehistoric resources are anticipated.
For the purposes of this proposal, Rincon estimates that no more than four (4) trenches will be
excavated. Excavation will be conducted using a standard backhoe fit with a flat blade. Excavation will
be conducted in small lifts (10 to 20 cm) so that any archaeological materials, features or deposits can
be identified immediately upon exposure. Stratigraphic soil profiles will be drawn of at least one side
wall of a representative sample of the trenches.
In lieu of hand excavation, Rincon will screen samples of excavated soils from the trenches to identify
the amounts and types of artifacts and ecofacts that may be present in particular soil strata. Samples
will be screened from different stratigraphic layers as identified in the field and at systematic intervals
during trenching. The excavated soils will be dry screened through 1/8-inch (3-millimeter) mesh.
Artifacts and ecofacts recovered during screening will be analyzed and documented in the field; no
artifacts, samples, or specimens will be collected during the testing and no laboratory analysis is
currently proposed. Artifacts recovered will be reburied within the trenches during backfilling.
Excavation forms will be prepared providing all pertinent data (e.g., trench number, date, provenience,
location justification, and termination justification). All excavation locations will be recorded using a sub-
meter-accurate handheld GPS unit and documented both with notes and photographs. Should feature(s)
be encountered that require hand excavation, Rincon will expose the feature so that it can be identified
and its location recorded but will not complete full excavation of the feature. Complete recovery of the
feature would be proposed for Phase 3 efforts, if needed. Should the feature consist of human remains,
Rincon will cease work and notify the Kitchell, the City and the County Coroner. Rincon will submit a
budget augmentation for the additional work related to the treatment of human remains that are
Native American in origin.
Optional Task 6.3 Extended Phase I Reporting
Rincon will prepare a technical report to document the results of the investigation. The report will be
prepared following the California Office of Historic Preservation’s Archaeological Resource Management
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 7
Reports (ARMR) Guidelines. The report will include a discussion of the findings of the study and all
appropriate maps, figures, photographs, and tables. The report will also provide management
recommendations for the project and outline procedures to be followed in the event of an
unanticipated discovery during project construction. No more than one round of revisions to the XPI
report will be necessary following review by Kitchell and the City.
In addition to the XPI testing report, Rincon will prepare Department of Parks and Recreation 523 series
forms to update the existing resource record (CA-SLO-2341H) that was identified within the current
project boundaries.
Phase 2
Task 7 Nesting Bird Surveys and Reporting
As described under Task 2, project activities that occur during the nesting bird season (February 1
through August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more
than three days prior to the initiation of ground disturbance and/or vegetation removal activities. Upon
completion of the nesting bird survey, Rincon will prepare a brief letter report that includes the purpose,
methodology, and results as described in greater detail under Task 2.
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 2 activities.
Additionally, a qualified principal investigator, defined as an archaeologist who meets the Secretary of
the Interior’s Professional Qualifications Standard for archeology, shall be retained to oversee all
mitigation measures related to archaeological resources, outlined in the following tasks.
Task 8.1 Project Kickoff and WEAP Training
Rincon will present the previously prepared WEAP for Phase 1B during the initiation of Phase 2
construction activities. The training will be presented to all on-site personnel and will include a briefing
regarding the types of archaeological resources and/or fossils that could be found in the project area
and the procedures to follow should archaeological or paleontological resources be encountered. The
training will also include a discussion of applicable laws and penalties for removal or disturbance of
archaeological or paleontological materials found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be conducted on the first day of Phase 2 construction monitoring. Rincon assumes the
Phase 1B WEAP will be sufficient and new WEAP or any preconstruction preparation will be required
Task 8.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 2 of the project. The monitor shall be on-site on a full-time basis during
initial earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions. The qualified archaeologist will observe soil
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 8
disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources are
encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the event
resources potentially significant under CEQA are encountered, further investigation beyond the scope of
work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 8.3 Archaeological Monitoring Letter Report
Upon completion of the monitoring effort, Rincon will prepare a letter report that will describe the
results, analysis, and conclusions of the archaeological monitoring effort. The letter report will be
submitted to Kitchell and the City for review and approval within 30 days following the completion of
monitoring. Rincon will respond to one (1) round of consolidated, minor comments on the draft letter
report from Kitchell and the City staff. A copy of the final version of the letter report will be submitted to
the City within 30 days of approval. All deliverables will be presented electronically. After the final copy
is accepted by the City, the final report will be submitted to the Central Coast Information Center.
Rincon assumes the archaeological monitoring letter report findings will be negative. Should a resource
be discovered during archaeological monitoring, Rincon will request a scope and budget augmentation
for the additional scope and cost. Rincon assumes that a single letter report for Phases 1B and 2 will
suffice; therefore, we have budgeted a single letter report as a cost-saving measure.
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 9
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Task 9.2 Paleontological Negative Findings Letter Report
Rincon will prepare a final monitoring letter report that will outline the methodology of paleontological
monitoring at the project site, describe the construction activity and duration, describe the lithology of
the depositional units exposed during excavations, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered during
monitoring activities. Rincon assumes that a single letter report for Phases 1B and 2 will suffice;
therefore, we have budgeted a single letter report as a cost-saving measure.
Assumptions
Our scope of work and cost for this project has incorporated the following assumptions.
▪ This proposal assumes no cultural resources will be discovered during cultural resources monitoring
and the current scope of work and cost estimate does not include analysis, collection, laboratory
preparation, or documentation of identified cultural resources discovered during monitoring. A
scope and budget augmentation will be requested to address finds encountered during monitoring.
▪ Access to the project boundary will be provided by Kitchell. The project boundary within private
lands will be surveyed with the use of binoculars for the nesting bird survey.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ One WEAP training by the archaeological and paleontological monitors on the first day of
monitoring will be sufficient to train the entire construction crew and no additional WEAP training
will be necessary. If additional training for new crew members is needed, Rincon can provide
recorded presentations.
▪ Rincon assumes negative findings during paleontological monitoring, and the current cost estimate
does not include expenses related to the treatment and curation of fossil specimens. Should fossils
be recovered during monitoring, Rincon will immediately prepare an estimate for the anticipated
costs associated with documentation and reporting requirements for the discovery.
▪ Kitchell will provide current project site plans for inclusion in the Archaeological Monitoring
Technical Memorandum
▪ In light of the current COVID-19 pandemic, Rincon staff will conduct the nesting bird survey in
accordance with the most current relevant, local COVID-19 safety protocols and social distancing
guidance.
▪ Rincon is not responsible for damage to subsurface structures, utilities, pipelines, or other objects
that are not marked or identified to us by client or Underground Service Alert utility notification
service, provided that we have made appropriate inquiries to USA utility notification services.
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 10
▪ Rincon assumes that the extended Phase I testing will not discover a resource that could be
considered a historical resource under CEQA, and the current scope of work and cost estimate does
not include analysis, collection, laboratory preparation, or documentation of identified cultural
resources discovered during testing. If a cultural resource be discovered that has the potential to be
a historic resource under CEQA, a scope and budget augmentation will be requested to address
finds encountered during testing.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ If additional effort is required beyond that identified in the work program outlined above, Rincon
will perform the work on a time and materials basis with an amendment of the project cost and
scope of work approved by Kitchell. These rates do not include overtime or penalties for missed
meal periods. Should overtime be required, hours greater than eight (8) hours per day onsite or 40
hours per week onsite will be charged at a rate consistent with California state law (generally 1.5
times). As part of this work program, Rincon assumes a meal period will be allotted before the fifth
hour of work. If a meal period is not allotted by the end of the fifth hour on any workday, an
additional hour of labor will be charged. No additional services would be provided without receipt of
prior written approval.
Schedule
Construction monitoring activities (Tasks 2, 3, 4, and optional Tasks 5 and 6) would proceed alongside
the planned project construction schedule for Phase 1B. Similarly, construction monitoring activities
(Tasks 7, 8, and 9) would proceed alongside the planned project construction schedule for Phase 2.
Cost
Rincon will complete the work scope for the tasks identified above to not exceed of $53,016 for Tasks 1
through 4 and $107,163 including all optional tasks. No other services will be provided without your
express written authorization. Please see Table 1 below for a cost breakdown of each task.
Table 1 Cost Summary
Tasks Cost
Phase 1B
Task 1 Project Initiation and Project Management $4,165
Task 2 Nesting Bird Surveys and Reporting $3,265
Task 3 Archeological Construction Monitoring and Reporting for Phase 1B
Task 3.1 Project Kickoff and WEAP Training $2,508
Task 3.2 Archaeological Monitoring $8,503
Task 4 Paleontological Construction for Phase 1B and Phase 2
Task 4.1 Paleontological Monitoring $8,503
Optional Task 5 Historic American Building Survey Documentation $19,609
Optional Task 6 Extended Phase 1 Testing
Optional Task 6.1 Extended Phase I Testing Plan $4,744
Optional Task 6.2 Extended Phase I Fieldwork $23,204
Optional Task 6.3 Extended Phase 1 Reporting $6,590
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 11
Phase 2
Task 7 Nesting Bird Surveys and Reporting $3,265
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
Task 8.1 Project Kickoff and WEAP Training –
Task 8.2 Archaeological Monitoring $8,503
Task 8.3 Archaeological Monitoring Letter Report $3,739
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring $8,503
Task 9.2 Paleontological Negative Findings Letter Report $2,062
Total $107,163
All work will be performed on a time and materials basis in accordance with the work scope outlined
above. Should the actual effort required to complete the tasks be less than anticipated, the amount
billed will be less than the total cost outlined above. This cost estimate is in effect for a period of 30
days, during which time all of the elements of this proposal are fully negotiable to meet the needs of
Kitchell.
This work effort will be managed by Rincon Project Manager Dustin Merrick, M.A., Registered
Professional Archaeologist (RPA), and Rincon Principal Christopher Duran, M.A., RPA. Both Mr. Merrick
and Mr. Duran meet the Secretary of the Interior’s Professional Qualification Standards for prehistoric
and historic archaeology (NPS 1983).
Rincon is prepared to begin the work scope outlined above following receipt of a signed copy of this
proposal as well as a retainer of $13,250 (approximately 25 percent of the proposed budget, not
including optional tasks).
Thank you for your consideration and for this opportunity to support your project. If you have any
questions regarding this proposal, please contact Mr. Merrick at (805) 762-4064 or
dmerrick@rinconconsultants.com, or Mr. Duran at (805) 644-4455, extension 22 or
cduran@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Dustin Merrick, MA, RPA
Project Manager/Archaeologist
Christopher Duran, MA, RPA
Principal/Senior Archaeologist
Attachments
Attachment 1 Reference List
Attachment 2 Resumes of Key Personnel
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 8
RRM Design Group
1
SCOPE OF SERVICES
TASK S.1: CONSTRUCTION STAKING
This task will include the following:
SUBTASK S.1A: PHASE 1B STAKING
Rough Grade/Shoring Staking
• One (1) set of rough grade and shoring offset stakes with grades to finish grade
SUBTASK S.1B: PHASE 2
Sawcut
• One (1) set of stakes will be provided for sawcut lines
Sewer
• One (1) set of offset stakes will be provided for sewer services with grades to flowline
Water
• One (1) set of offset stakes will be provided for water services with grades to finish the surface or top
of curb
Storm Drain
• One (1) set of offset stakes at an interval of no greater than 50 feet, angle points and tees with grades
to flowline. Double offsets will be provided for utility holes, drainage chambers and drain inlets with
grades to flowline in/flowline out and rim/top of grate
Building
• One (1) set of offset stakes at grid lines 1 through 14, A, A.1, A.3, A.4, A.6, A.8, A.9, B, B.2, B.3, B.6,
B.7, C, C.1, C.2, C.3, C.5, C.6, C.7, C.8, D, E for level one (1) with grades to finish surface
Walls
• One (1) set of offset stakes to centerline of wall with grades to top of footing or finish surface.
• Street lights/transformers/vault
• One (1) set of double offsets stakes to street lights transformers and vaults with grades top of curb or
finish surface
• Curb, flatwork
• One (1) set of offset stakes to face of curb at an interval of no greater than 50 feet along straight
sections and interval of no greater than 25 feet on curves sections, grade breaks, angle points and
radius points with grades to top of curb or finish surface
NOTE: Gas lines and conduits are not included in this proposal
2
MOVE-IN SCHEDULE:
It will be the contractor’s responsibility to review the following move-in schedule with respect to possible
phasing and overall project schedule. Any changes to this move-in schedule must be made prior to the
award of contract.
MOVE-IN SCHEDULE AND FEES
Item No. Description No. of Move-ins
1 Rough Grade/Shoring 2
2 Sawcut 1
3, 4 Sewer/Water 1
5 Storm Drain 1
6 Building 1
7 Walls 1
8 Street Lights/Transformers/Vault 1
9 Curb, Flatwork 3
Total Moves to Site: 11
Deliverables:
• Construction Stakes
Fixed Fee:
• Subtask S.1A: $3,600.00 (see footnote 1) This fee is based on prevailing wage
• Subtask S.1B: $18,000.00 (see footnote 1) This fee is based on prevailing wage
TASK S.2: RE-STAKING AND ADDITIONAL SERVICES
All re-staking and services beyond the scope of work described herein will be performed on an hourly basis
based on standard billing rates at the time the services are requested.
Fee: Time and Materials
• Hourly (see footnote 2)
Fee Footnotes
1. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount
stated in the contract for the task is invoiced.
2. Amounts billed for tasks shown as “Time and Materials” (T&M) will reflect actual hours worked.
TOTAL RRM SERVICE FIX FEES: $21,600.00
Any work outside the scope of the original agreement between RRM Design Group and the Client and
authorized by Client, is subject to the Terms and Conditions of the Prime Agreement.
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BILL RATE RANGES
Subject to change effective March 1st each year
EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year
ARCHITECTURE INTERIOR DESIGN
Architect 95$ -155$ Designer I 60$ -95$
Associate Manager of Architecture 140$ -200$ Designer II 70$ -120$
Design Director 145$ -240$ Interior Designer I 75$ -125$
Designer I 70$ -100$ Interior Designer II 90$ -150$
Designer II 80$ -125$ Intern 45$ -85$
Designer III 95$ -150$ Job Captain 105$ -165$
Intern 45$ -85$ Senior Interior Designer 110$ -195$
Job Captain 95$ -150$
Manager of Architecture 165$ -280$ LANDSCAPE ARCHITECTURE
Principal 185$ -350$ Assistant Designer 70$ -110$
Project Architect 115$ -185$ Associate Designer 80$ -125$
Project Designer 115$ -185$ Designer 95$ -140$
Project Manager 115$ -185$ Design Director 135$ -235$
Senior Architect 135$ -235$ Intern 45$ -85$
Senior Designer 135$ -220$ Landscape Architect 95$ -145$
Senior Project Manager 135$ -240$ Manager of Landscape Architecture 150$ -245$
Principal 185$ -350$
ENGINEERING & SURVEYING Principal Landscape Architect 135$ -235$
Associate Engineer 115$ -170$ Senior Landscape Architect 115$ -175$
Construction Inspector 105$ -175$
Designer I 55$ -95$ PLANNING
Designer II 75$ -125$ Assistant Planner 90$ -130$
Designer III (Structural only)90$ -135$ Associate Planner 105$ -170$
Engineer I 90$ -140$ Intern 45$ -85$
Engineer II 105$ -165$ GIS Specialist 80$ -150$
Land Surveyor 115$ -170$ Senior GIS Specialist 105$ -185$
Manager of Engineering Services 170$ -280$ Manager of Planning 175$ -265$
Manager of Surveying 155$ -235$ Principal 185$ -350$
Party Chief 90$ -150$ Principal Planner 165$ -250$
Principal 185$ -350$ Senior Planner 135$ -205$
Project Engineer 125$ -185$ Senior Urban Designer 135$ -210$
Project Manager 150$ -245$ Urban Designer 105$ -170$
Senior Associate Engineer 130$ -210$
Senior Designer 110$ -185$ CORPORATE SERVICES
Senior Land Surveyor 135$ -210$ Administrative Assistant 60$ -95$
Senior Party Chief 115$ -185$ Administrative Coordinator 75$ -130$
Senior Project Engineer 140$ -230$ Assistant Office Manager 90$ -135$
Supervisor of Surveying 145$ -220$ Chief Executive Officer 195$ -500$
Survey Technician I 60$ -100$ File Clerk/Administrative Support 45$ -65$
Survey Technician II 75$ -115$ Marketing Assistant 45$ -85$
Survey Technician III 90$ -155$ Marketing Coordinator 65$ -115$
Surveying Crew Rates Marketing Manager 125$ -235$
REGULAR Marketing Specialist 90$ -155$
One person w/ GPS or Robotic Workstation 125$ -155$ Office Coordinator 75$ -130$
Two person 175$ -290$ Proposal Coordinator 80$ -140$
Three person 235$ -390$ Receptionist 45$ -80$
PREVAILING WAGE Senior Marketing Specialist 105$ -190$
One person w/ GPS or Robotic Workstation 150$ -180$
Two person 225$ -340$
Three person 325$ -490$
Rev 3/1/2022
3
CONSTRUCTION STAKING CONDITIONS:
1. It will be the contractor’s responsibility to inform RRM of changes in the Plans and Specifications that
will affect the location of improvements. RRM will not be liable for misplaced improvements due to such
changes that were not brought to our attention. Additional work caused by changes to the Plans and
Specifications will be billed on an hourly basis. Also, any construction based on staking requested by the
contractor based on unapproved plans and specifications will be done at the contractor’s sole risk. RRM
will not be held liable for damages suffered by the contractor resulting from changes to the plans after
RRM has set stakes.
2. To provide for reasonable preparation and organization, requests for staking should be made at least 48
hours in advance. Although RRM will make every effort to accommodate the unforeseen, no guarantee
can be made without sufficient notice.
3. The contractor will be responsible for ensuring that the construction site is clear of debris and vehicles
before ordering stakes. If staking is requested and site conditions do not allow the survey crew to
work, you will be charged hourly for the time lost. This does not include poor site conditions caused by
weather or other circumstances beyond the control of the contractor.
4. Any claim against RRM for losses or damages resulting from errors in staking (either horizontal or
vertical) must be accompanied by proof of the actual location of the stake used and the information
written on the lath (i.e., stakes must still be in place in the field when the claim is made).
5. The contractor will be responsible for discussing offsets for stakes prior to fieldwork. Otherwise,
offsets will be chosen according to standard practice in this County, and any changes requested after
the completion of staking will be billed to the contractor as an extra.
6. For your convenience, we will provide the job superintendent with a “construction staking request
form” that must be signed before any extra work beyond the scope of the contract is done. Copies of
this signed form will be sent with each monthly billing for your records.
7. Stakes shall be used only for their intended purpose. For example, rough grade stakes shall not be used
for finish grading or building layout.
8. Three (3) consecutive points shown to be on the same slope rate must be used in common order that
the contractor may detect any variation out of a perfect straight grade. In case any discrepancy is found,
it shall be reported to the surveyor. Otherwise, the surveyor will not be responsible for any error in
grade of the finished work.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 10
Earth Systems
EARTH SYSTEMS | AUGUST 29, 2022 | CITY OF SAN LUIS OBISPO - CULTURAL ARTS DISTRICT PARKING STRUCTURE
Earth Systems FEE BREAKDOWN
Hours/Units Rate Total
Earth Systems Fee Breakdown
PROJECT:
DATE:
Hours/Units Rate Total
PHASE IB - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Project Inspector 960 $170.00 $163,200.00
Subtotal Task 2 $163,200.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 40 $225.00 $9,000.00
Grading Observation and Testing 320 $140.00 $44,800.00
Special Inspection - Shoring Wall 120 $145.00 $17,400.00
Reporting and Document Posting 40 $125.00 $5,000.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)170 $7.50 $1,275.00
Laboratory Testing - Per Fee Schedule (Allotment) $12,000.00
DIR/ECPR Posting 20 $90.00 $1,800.00
Subtotal Task 3 $100,775.00
Hours/Units Rate Total
PHASE 2 -
Project Inspector 3600 $170.00 $612,000.00
Subtotal Task 2 $612,000.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 100 $225.00 $22,500.00
Grading Observation and Testing - 2023 280 $140.00 $39,200.00
Special Inspection - 2023 320 $145.00 $46,400.00
Grading Observation and Testing -2024 120 $140.00 $16,800.00
Special Inspection -2024 1600 $145.00 $232,000.00
Reporting and Document Posting 180 $125.00 $22,500.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)700 $7.50 $5,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $25,000.00
DIR/ECPR Posting 90 $90.00 $8,100.00
Subtotal Task 3 $427,250.00
TOTAL TASK 2 $775,200.00
TOTAL TASK 3 $528,025.00
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
City of San Luis Obispo - Cultural Arts District Parking Structure
August 29, 2022
Cultural Arts District Parking Structure - 450 Work Day Duration
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
PHASE 1B - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Hours/Units Rate Total
PHASE 2 - Cultural Arts District Parking Structure - 450 Work Day Duration
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
Certificate Of Completion
Envelope Id: 39089CD97632471F8036895978DF81A8 Status: Completed
Subject: Complete with DocuSign: Resident Engineer and Construction Management - Agreement.pdf
Department:
Supplier:
Source Envelope:
Document Pages: 93 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Argelia Chang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
achang@slocity.org
IP Address: 104.129.202.169
Record Tracking
Status: Original
12/15/2022 11:55:07 AM
Holder: Argelia Chang
achang@slocity.org
Location: DocuSign
Signer Events Signature Timestamp
Wendy Cohen
wcohen@kitchell.com
President
Kitchell CEM, Inc.
Security Level: Email, Account Authentication
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Signature Adoption: Pre-selected Style
Using IP Address: 104.220.121.60
Sent: 12/15/2022 11:58:04 AM
Resent: 12/22/2022 4:26:12 PM
Viewed: 12/23/2022 7:27:46 AM
Signed: 12/23/2022 7:27:50 AM
Electronic Record and Signature Disclosure:
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ID: f59ea0e7-4d0e-4510-85e7-51548060a030
Randy Rominger
rrominger@kitchell.com
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Signed using mobile
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ID: ab204dce-8a22-46ed-ba83-0c357d81b18c
Christine Dietrick
cdietric@slocity.org
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Sent: 12/23/2022 2:08:09 PM
Resent: 1/5/2023 8:01:21 AM
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Electronic Record and Signature Disclosure:
Accepted: 6/15/2020 2:16:11 PM
ID: a47fa5a6-25c4-499a-ad2d-b3750c2fd621
Matt Horn
mhorn@slocity.org
Director of Public Works
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Sent: 1/5/2023 8:44:50 AM
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Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 11/7/2018 6:54:10 PM
ID: abbb6413-5f03-483d-8739-5befeff5edf7
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Argelia Chang
achang@slocity.org
Administrative Assistant III
City of San Luis Obispo
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(None)
Sent: 1/5/2023 8:53:30 AM
Resent: 1/5/2023 8:53:38 AM
Viewed: 1/5/2023 8:55:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel Clancy
dclancy@slocity.org
Purchasing Analyst
City of San Luis Obispo
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Sent: 1/5/2023 8:53:32 AM
Electronic Record and Signature Disclosure:
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Manuel Guzman
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Sent: 1/5/2023 8:53:33 AM
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Electronic Record and Signature Disclosure:
Accepted: 12/18/2020 9:05:30 AM
ID: bda270ba-efa2-4807-a1cc-c5e70f600cee
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/15/2022 11:58:04 AM
Certified Delivered Security Checked 1/5/2023 8:53:08 AM
Signing Complete Security Checked 1/5/2023 8:53:26 AM
Completed Security Checked 1/5/2023 8:53:33 AM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 5/10/2017 10:25:58 AM
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71
From:Kacsinta, Madeline
Sent:Friday, October 27, 2023 10:48 AM
To:Ryan Stefanek; Tally Richtsmeier; Tom Fee
Subject:NEW PO - pending
Attachments:RE and CM Services Cultural Arts District - Signed Agreement.pdf
Hi Ryan,
I just put through your new PO, and it is pending approval, but I wanted to give you a heads up. Below is a breakdown
of the new PO. I am rolling in the Phase 2 scope as well. Attached is the original agreement that I am pulling from on
the phase 2 scope.
Original PO - Remining $239,859.03
Add Service 4 $237,600.00
Phase 2 Scope $3,436,094.00
TOTAL $ 3,913,553.03
I am hoping to get that PO number to you by end of today or Monday at the latest.
Please let me know if you have any questions or concerns.
Thank you,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_________________ by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and KITCHELL CEM, INC., hereinafter referred
to as Consultant.
W I T N E S S E T H
WHEREAS, on July 28, 2022, requested proposals for Resident Engineer and
Construction Management Services, Cultural Arts District Parking Structure, City Project
Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was
accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is
made and entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may, at the time of acceptance of the work, waive liquidated damages that may have
accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may
notify the Consultant in writing of such defect or failure to perform. This notice must give
the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Consultant's
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1/5/2023 | 8:53 AM PST
the City's Notice of Termination, minus any offset from such payment representing the
City's damages from such breach. "Reasonable value" includes fees or charges for goods
or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based
solely on the City's assessment of the value of the work-in-progress in completing the
overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as t o
permit a full and complete accounting of costs. In no event, however, shall the Consultant
be entitled to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the
contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a
determination by the Director that termination of the contract is in the best interest of the
City. Upon termination notice from the City, Consultant must, unless otherwise directed,
cease work and follow the City’s directions as to work in progress and finished goods.
For termination of any services pursuant to this Agreement, the City’s liability will be the
lesser of a reasonable price for the services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be
approved in writing by the City. For any sub-contract for services in excess of $25,000,
the subcontract shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract
to any individual or business entity of any kind without the previous written consent of the
City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with
the requirements and intentions of this contract. All work done and all materials furnished,
if any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various
laws and regulations as well as performance of the contract, the Consultant and sub -
consultants shall maintain all books, documents, papers, accounting records and other
evidence pertaining to the performance of the contract, including but not limited to the cost
of administering the contract. Materials shall be made available at their respective offices
at all reasonable times during the contract period and for three years from the date of final
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
payment under the contract. Authorized representatives of the City shall have the option
of inspecting and/or auditing all records. For Federally funded projects, access to records
shall also include authorized representatives of the State and Federal government.
Copies shall be furnished if requested.
10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or
any ensuing City construction project. The Consultant shall also list current clients who
may have a financial interest in the outcome of this contract, or any ensuing City
construction project which will follow. The Consultant staff shall provide a Conflict of
Interest Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any
interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub-consultant or person having such an interest shall be
employed. The Consultant certifies that no one who has or will have any financial interest
in performing this work is an officer or employee of the City. It is hereby expressly agreed
that, in the performance of the work hereunder, the Consultant shall at all times be
deemed an independent Consultant and not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that
this contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of
the warranty, the City shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this
contract that no person or selling agency has been employed, or retained, to solicit or
secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed
of and shall observe and comply with all applicable state and federal laws and county and
City of San Luis Obispo ordinances, regulations and adopted codes during its
performance of the work. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of
construction, including but not limited to, inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and
licenses, pay all charges and fees, and file all notices as they pertain to the completion of
the Consultant’s work. The City will pay all application fees for permits required for the
completion of the project including building and regulatory permit application fees.
Consultant will provide a 10 day notice for the City to issue a check.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant's operations, it shall be
replaced or restored at the Consultant's expense. The facilities shall be replaced or
restored to a condition as good as when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-
consultants engaged for the performance of this work that only persons authorized to work
in the United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this
work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as
it may employ, to engage in discrimination in employment of persons on any basis
prohibited by State or Federal law.
21. Accuracy of Specifications. The specifications for this project are believed by the City
to be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all
sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that
could easily have been ascertained by examining either the project site or accurate test
data in the City's possession. Although the effect of ambiguities or defects in the
specifications will be as determined by law, any patent ambiguity or defect shall give rise
to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity
or defect shall be considered patent if it is of such a nature that the Consultant, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the
existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -
consultants to notify City in writing of specification defects or ambiguities prior to proposal
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall
not be liable for costs incurred by the successful Consultant to achieve the project’s
objective or standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual
or alleged ambiguity or defect in the specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all sub-
consultants shall continue to perform, irrespective of whether or not the ambiguity or
defect is major, material, minor or trivial, and irrespective of whether or not a change order,
time extension, or additional compensation has been granted by City. Failure to provide
the hereinbefore described written notice within one (1) working day of Consultant's
becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right
to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code
Section 2783, this paragraph shall apply in place of paragraph A. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections
2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City,
and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal counsels’ fees and
costs of litigation (“claims”), to the extent caused by the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the
operations conducted by Consultant, except for such loss or damage arising from
the active negligence, sole negligence or willful misconduct of the City. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City’s option, reimburse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) The review, acceptance or approval of the Consultant’s work or work product by
any indemnified party shall not affect, relieve or reduce the Consultant’s
indemnification or defense obligations. This Section survives completion of the
services or the termination of this contract. The provisions of this Section are not
limited by and do not affect the provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed
in this proposal from other consultants during the contract term.
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24. Standards. Documents shall conform to City Standards and City furnished templates
shall be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped
and signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items
necessary to provide the work scope outlined in the Request for Proposal, incorporated
herein by reference and attached hereto as Exhibit A. City staff will review any documents
or materials provided by the Consultant and, where necessary, the Consultant will
respond to staff comments and make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership
and title to all reports, documents, plans, specifications, and estimates produced as part
of this contract will automatically be vested in the city and no further agreement will be
necessary to transfer ownership to the City. The Consultant shall furnish the City all
necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine readable form, are intended for one-time use in the construction of
the project for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected
with the modification, or misuse by the City of the machine-readable information and data
provided by the Consultant under this agreement. Further, the Consultant is not liable for
claims, liabilities, or losses arising out of, or connected with any use by City of the project
documentation on other projects, except such use as may be authorized in writing by the
Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or serv ices
under these specifications shall be the property of City and shall not be made available to
any individual or organization by the Consultant without the prior written approval of the
City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working"
meetings with staff as necessary in performing workscope tasks.
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31. Requests for Review. The Consultant shall respond to all requests for submittal review
or contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the project scoping meeting, the
Consultant shall submit a proposed workscope, compensation and schedule within 10
working days. The cost proposal shall include all costs including miscellaneous direct
cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized
by project work phase or, in the case of on-call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed the individual
agreed upon project fee. Should the Consultant’s designs, drawings or specifications
contain errors or deficiencies, the Consultant shall be required to correct them at no
increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as
agreed to on a project by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and
fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and
vehicle cost that have been identified and are attached to this agreement. The
Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel
Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval
by the City of an original invoice and acceptance by the City of the materials, supplies,
equipment or services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact
arising under this contract that is not disposed of by agreement shall be decided by a
committee consisting of the City’s Project Manager and the City Director of Public Works,
who may consider written or verbal information submitted by the Consultant. Not later
than thirty days after completion of all deliverables necessary to complete the p lans,
specifications and estimate, the Consultant may request review by the City Council of
unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals
Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later
than 30 days after issuance of the final audit report, the Consultant may request a review
by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must
be submitted in writing.
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Neither the pendency of a dispute, nor its consideration by the City will excuse the
consultant from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled
“Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs” when project work is for a federally funded project. In
order to ensure the State Department of Transportation achieves its federally mandated
statewide overall DBE goal, the City encourages the participation of DBEs as defined in
49 CFR 26 in the performance of this agreement. The City will make a determination on
a project by project basis for reasonably expected DBE participation to compete for the
sub-consulting opportunities in this agreement. The Consultant is responsible to be fully
informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded projects, maintain records of DBE usage and complete and submit to the
City the final report of DBE utilization prior to receiving final payment. Records shall show
the name and business address of each DBE and the total dollar amount actually paid to
each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award
and administration of US DOT assisted agreements. Failure by the Consultant to carry
out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: Randy Rominger
1540 Marsh Street
Stan Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM
dated July 28, 2022, Consultant's proposal dated September 1, 2022, and Consultant’s
Revised Fee Proposal dated November 9, 2022, are hereby incorporated in and made a
part of this Agreement and are attached hereto as Exhibits A, B, and C respectively.
Should there be any conflict between terms set forth in the City Request for Proposals
Specification No. 90435-CM and Consultant’s proposal dated September 1, 2022, or
Revise Fee Proposal dated November 9, 2022, the terms in this agreement and City
Request for Proposals Specification No. 90435-CM will govern.
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40. Amendments. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Engineer.
41. Working Out of Scope. If, at any time during the project, the consultant is directed to
do work by persons other than the City Project Manager and the Consultant believes that
the work is outside of the scope of the original contract, the Consultant shall inform the
Project Manager immediately. If the Project Manager and Consultant both agree that the
work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing
rates or a lump sum price agreed upon between the City and the Consultant. Any extra
work performed by Consultant without prior written approval from the City Project Manager
shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto. For and
in consideration of the payments and agreements hereinbefore mentioned to be made
and performed by City, Consultant agrees with City to do everything required by this
Agreement, the said specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Kitchell CEM, Inc.
_______________________________
Matt Horn, Director of Public Works Wendy Cohen
President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
________________________________
Randy Rominger
Principal-in-Charge
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EXHIBIT A
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REQUEST FOR PROPOSALS
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
CITY PROJECT NO. 90435-CM
July 2022
The City of San Luis Obispo (City) is currently soliciting proposals for Resident Engineer and
Construction Management Services for its Cultural Arts District Parking Structure Project.
Each proposal must specify each and every item as set forth in the attached specifications. Any and
all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications
without taking exception may be grounds for rejection. The City reserves the right to reject any and all
proposals and to waive any irregularity or informality in any proposal or in the RFP process, as long as,
in the judgment of the City, such action will not negate fair competition and will permit proper
comparative evaluation of the proposals submitted.
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the
City. Any addenda will be posted on the website. Prospective proposers must check the website for
addenda or other relevant new information during the response period. The City is not responsible for
the failure of any prospective proposer to receive such addenda. All addenda so issued will become a
part of this RFP.
If your firm is interested and qualified, please submit the following in separately sealed envelopes plainly
marked with the proposal title, specification number, Consultant name, and time and date of the
proposal opening. All proposals must be submitted to the front counter at the Public Works Department,
919 Palm Street, by, 2:00 p.m. on September 1st, 2022.
If you have any questions about the proposal process, please contact the Engineer directly.
MANUEL GUZMAN
Construction Engineering Manager
mguzman@slocity.org
EXHIBIT A
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Table of Contents
I. INTRODUCTION ..............................................................................................4
PURPOSE ............................................................................................................................................... 4
PROJECT LOCATION ........................................................................................................................... 4
BACKGROUND ...................................................................................................................................... 4
CONSTRUCTION CONTRACT DURATION .......................................................................................... 5
II. SCHEDULE AND SUBMITTAL ............................................................................6
A. RFP SCHEDULE .................................................................................................................................... 6
B. PROPOSAL SUBMITTAL ....................................................................................................................... 6
III. GENERAL INSTRUCTIONS ................................................................................7
A. CITY RIGHTS & OPTIONS ..................................................................................................................... 7
B. CHANGES TO THE RFP ........................................................................................................................ 8
C. COMMUNICATIONS ............................................................................................................................... 8
D. INSURANCE ........................................................................................................................................... 9
E. EXCEPTIONS & DEVIATIONS ............................................................................................................. 10
F. AWARD AND STANDARD AGREEMENT ........................................................................................... 10
G. PREVAILING WAGE............................................................................................................................. 10
H. FAIR EMPLOYMENT PRACTICE ........................................................................................................ 10
I. PROTEST OF AWARD ......................................................................................................................... 11
IV. PROPOSAL FORMAT ...................................................................................... 12
COVER LETTER ................................................................................................................................... 12
FIRM QUALIFICATIONS ...................................................................................................................... 12
ORGANIZATION AND APPROACH ..................................................................................................... 12
SCOPE OF WORK ............................................................................................................................... 13
CONTRACT AGREEMENT .................................................................................................................. 13
REFERENCES ...................................................................................................................................... 13
FEE PROPOSAL .................................................................................................................................. 13
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION ............................................................... 14
V. CONSULTANT EVALUATION & CONTRACT AWARD ........................................ 15
PROPOSAL RESPONSIVENESS ........................................................................................................ 15
EVALUATION PROCEDURES ............................................................................................................. 15
CONTRACT AWARD ............................................................................................................................ 16
VII. APPENDICIES ................................................................................................. 17
APPENDIX A – SCOPE OF SERVICES ......................................................................... 17
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APPENDIX B – VICINITY MAP .................................................................................. 23
APPENDIX C – SAMPLE CONTRACT ......................................................................... 24
APPENDIX D – QUALITY ASSURANCE PROGRAM .................................................... 34
APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 35
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 36
APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM ............... 37
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN ............... 37
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE ........................................ 38
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VI. INTRODUCTION
PURPOSE
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient
information regarding the resident engineer and construction management services the City of San
Luis Obispo Department of Public Works (City) is seeking for its Cultural Arts District Parking
Structure Project (Project). This information is intended to enable interested parties to prepare and
submit proposals for a single construction management and resident engineer team to manage the
construction for this Project. See Scope of Services attached as Appendix A.
PROJECT LOCATION
The Project is located on the corner of Palm Street and Nipomo Street. See Vicinity Map Attached
as Appendix B.
BACKGROUND
The proposed scope is to provide construction management and resident engineer services to
manage the Cultural Arts District Parking Structure Project. It is anticipated that a single team will
work together to manage the demolition of an existing parking lot and buildings (the “Existing Site”)
and construction of a new cast-in-place parking facility consisting of at least 399 parking spaces
(the “Cultural Arts District Parking Structure”) in downtown San Luis Obispo (the “Project”). Two
future buildings are planned immediately adjacent to the Cultural Arts District Parking Structure: a
“liner building” along the Nipomo Street frontage and part of the Palm Street frontage; and a theater
at the corner of Monterey and Nipomo Streets. Although neither of these buildings are part of this
scope of work, they both have some shared access points and utilities that need to be coordinated
as a part of this Project.
The Project will be constructed in phases, under separate construction contracts, as follows:
1. Phase 1A: Dry Utility Undergrounding. This Project will underground PG&E and telecom
facilities crossing the site. Note: This contract inspection and management will not be part
of this work scope.
2. Phase 1B: Cultural Arts District Parking Structure On-Site Improvement Plans. Phase
1 includes site structure and parking lot demolition, grading, and permanent shoring work in
preparation for garage construction in Phase 2.
3. Phase 2: Cultural Arts District Parking Structure. Phase 2 includes vertical construction
of the parking structure, including frontage improvements and utility work.
Phase 1B: On-Site Improvements, generally consists of:
1) Demolition and disposal of three residential lots and structures located at 633 Palm Street,
610 Monterey Street, and 614 Monterey Street
2) Demolition and site clearing of existing asphalt parking lot, including paving, landscaping,
meters, and miscellaneous improvements.
3) Grading of pad area for Phase 2
4) Construction of permanent shoring along the north-east property line.
5) Existing tree protection.
Phase 2: Cultural Arts District Parking Structure, generally consists of:
1) A new five-level cast-in-place parking structure with an approximately 32,000sf footprint
(approximately 163,000sf gross), and approximately 399 total parking spaces.
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a. Level 1 (the ground floor) consists of standard parking, accessible parking, EV
parking, and bicycle parking.
b. Level 2 consists of standard parking, accessible parking, and EV parking.
c. Level 3 and Level 4 consist of standard parking and accessible parking.
d. Level 5 (the roof deck) consists of standard parking and accessible parking, with
photovoltaic overhead panels.
e. Two elevators.
f. Automated revenue/payment system.
2) On-site and off-site improvements including:
a. Off-site road improvements including new bulb-outs and decorative crosswalks and
intersections.
b. Construction of curb, gutter, driveway aprons, and sidewalk.
c. Underground utilities and stormwater chambers.
d. Pedestrian entry plazas (temporary where installed with future SLOREP Theatre
Improvements).
e. Planting and irrigation.
Note that the Phase 2 contract will include provisions for the contractor to provide an office space
and a conference room for the construction management team and provide electricity, phone,
internet, water and sanitation services.
CONSTRUCTION CONTRACT DURATION
Phase 1B of the Project is planned to begin construction in Spring 2023 and last for approximately
6 months, not including contract close-out.
Phase 2 of the Project is planned to begin construction in Fall 2023 and last for approximately 23
months, not including contract close-out.
The above durations only reflect anticipated duration of the construction contract work and must
be appropriately accounted for in the proposal. As part of the proposal, a general review of
construction contract duration may be performed at the proposing firm’s option.
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VII. SCHEDULE AND SUBMITTAL
A. RFP SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates
for the Proposal Submission Deadline, or Interviews will be advertised in the form of an addendum
to this RFP. The schedule for other milestones dates may be adjusted without notice.
RFP Schedule Date
Issued July 30, 2022
Proposal Submission Date September 1st, 2022, at 2:00 PM
Evaluation of Proposals Previous + 4 Weeks
Top 3 Ranked Consultants Interviewed Previous + 2 Weeks
Finalize Staff Recommendation Previous + 1 Week
Award by Public Works Director Previous + 1 Week
Notice to Proceed 1 day from Award
B. PROPOSAL SUBMITTAL
If your firm is interested and qualified, please submit a proposal in a sealed envelope by 2:00 p.m.
on September 1st, 2022. The proposal must be a maximum of 15 pages total, not including staff
resumés and fee proposal (see Section IV.G for fee proposal requirements).
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VIII. GENERAL INSTRUCTIONS
A. CITY RIGHTS & OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street,
in sealed envelopes no later than 2:00 p.m. on September 1st, 2022. Late proposals will
not be considered.
2. All costs incurred in the preparation and submission of proposals and related
documentation will be borne solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and
recommend the most qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated
with the consultant. Upon successful contract negotiations, staff will recommend a contract
be awarded.
5. Consultant fees will be negotiated with the selected firm and finalized prior to the award of
contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition,
this RFP does not commit the City to negotiate a contract. The issuance of this RFP does
not constitute an agreement by the City that any subsequent selection processes will occur,
or that any contract will be entered into by the City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or
interview without restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part,
received by reason of this request, and make more than one award, or no award, as the
best interests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive
property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal
which, in the judgment of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the
requirements and specifications contained in this Request for Proposal. All information
presented in a proposer’s proposal will be considered binding upon selection of the
successful proposer, unless otherwise modified and agreed to by the City during
subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of
services and approve or disapprove the use of all sub-consultants.
13. The contract will expire upon full completion of the scope of work.
14. Under the provisions of the California Public Records Act (the “Act”), Government Code
section 6252 et seq., all “public records” (as defined in the Act) of a local agency, such as
the City, must be available for inspection and copying upon the request of any person.
Under the Act, the City may be obligated to provide a copy of any and all responses to this
RFP, if such requests are made after the contract is awarded. One exception to this
required disclosure is information which fits within the definition of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other
data whose public disclosure could cause injury to the proposer’s competitive position. If
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any proposer believes that information contained in its response to this RFP should be
protected from disclosure, the proposer MUST specifically identify the pages of the
response that contains the information by properly marking the applicable pages and
inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*)
contain technical or financial information, which are trade secrets, or
information for which disclosure would result in substantial injury to the
proposer’s competitive position. Proposer requests that such data be used
only for the evaluation of the response but understands that the disclosure
will be limited to the extent the City considers proper under the law. If an
agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise
obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as
proprietary. If there is any dispute, lawsuit, claim or demand as to whether information within
the response to the RFP is protected from disclosure under the Act, proposer shall
indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim or
demand.
15. The proposing firm warrants that no official or employee of the City has an interest, has
been employed or retained to solicit or aid in the procuring of a contract resulting from this
RFP, if any, and further warrants that such person will not be employed in the performance
of such contract without immediate written notice to the City.
16. Firms submitting a proposal shall warrant that their offer is made without any previous
understanding, agreement, or connection with any person, firm, or corporation submitting
a separate proposal for the same Project and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action. This condition will not apply to proposals which
are submitted by firms who have partnered with others to submit a cooperative proposal
that clearly identifies a primary contractor and the associated sub-contractors.
17. Unforeseen additional items and/or services may be required. The City therefore reserves
the right to negotiate with the successful proposer for additional items and/or services
beyond what is described in Appendix A to be added to the final contract.
B. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
the City. Any addenda will be posted on the website. Prospective proposers must check the
website for addenda or other relevant new information during the response period. The City is not
responsible for the failure of any prospective proposer to receive such addenda. All addenda so
issued will become a part of this RFP. Any proposer who has already submitted their proposal and
desires to make corrections, may remove and replace their proposal up to the date and time for
which this RFP closes.
C. COMMUNICATIONS
All communications concerning this RFP must be directed to mguzman@slocity.org. All other
communication is not binding and will in no way modify the RFP or the obligations of the City. All
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questions will receive a response within five (5) business days.
The proceedings of the Selection Committee are confidential, and members of the Selection
Committee are not to be contacted by the proposers. After the solicitation has closed, proposers
can request to view the RFP award information. Any questions and requests for information must
be addressed to the Engineer.
D. INSURANCE
The Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, employees or
subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20
10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as
determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this Project /location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Professional / Errors and Omissions Liability: $2,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this Project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be end orsed to 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. The Consultant agrees to notify the City in the event that the policy is suspended,
voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified
mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability
and automobile liability coverage required by this clause must also be provided. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
E. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the
proposal submitted by the proposer. The City may waive any immaterial deviation or defect in a
proposal.
F. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within sixty (60) days after the date of the RFP closing.
The successful proposer is expected to execute a contract reflecting the template in Appendix C.
This sample contract is for reference to the anticipated terms and conditions governing the City and
the successful proposer. The proposer must take exception in their proposal to any section of the
attached contract they do not agree with. Failing to do so will be deemed as acceptance by the
proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole
discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached
contract. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL, IT IS ADVISED
THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS
IN THE ATTACHED SAMPLE CONTRACT.
G. PREVAILING WAGE
A portion of this work is prevailing wage work. For any work proposed by the prime consultant or
a subconsultant (any tier) under this contract, in accordance with Labor Code Section 1720 et seq.,
employees must be paid at least the prevailing rate wages for public works performed on the Project
. Prime consultant and any applicable subconsultant (any tier) must register with the Department
of Industrial Relations (DIR) prior to contract award, must remain registered for the entire term of
the contract, and must submit certified payroll records to DIR at least monthly for such work.
Firms can register at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
H. FAIR EMPLOYMENT PRACTICE
The Consultant and all subconsultants must comply with all laws and regulations governing
nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair
Employment and Housing Act (California Government Code Section 129000 et seq.), and the
applicable regulations promulgated thereunder Title 2, Division 4.1, Chapter 5 of the California
Code of Regulations Section 11000 et seq.
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The Consultant, with regard to the work performed by them during the Contract, must not
discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status of any
person in employment or the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
I. PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local
procurement laws.
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IX. PROPOSAL FORMAT
A qualifying proposal must address all the following points and shall be in the format outlined in this
section. The technical proposal will be a maximum of 15 pages total, not including staff resumés.
COVER LETTER
The cover letter will be addressed to:
Manuel Guzman
Construction Engineering Manager
The letter must be on proposer’s letterhead and include the proposer’s contact name, mailing
address, telephone number and email address. The letter will address the proposer’s
understanding of the services being requested and any other pertinent information the proposer
believes should be included.
The name, address, telephone number, and email address of the person authorized to represent
the firm with respect to all notices, negotiations, discussions, and other communications relating to
this proposal, to any negotiation relating to the contract should be included in the letter.
The letter must be signed by the individual authorized to bind the Consultant to the representations,
commitments, and statements in the proposal.
FIRM QUALIFICATIONS
The City will only consider proposals that demonstrate firms have successfully completed
comparable Project s. These Project s must illustrate the quality, type, and past performance of
the Project team. Submittals must include a detailed description of a minimum of three (3) Project
s within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager and contact information
3. Contract amount
4. Date of contract
5. Date of completion
6. Consultant Project Manager and contact information
7. Consultant Resident Engineer and contact information
8. Project Objective
9. Project Outcome: include original construction contract amount and final amount.
ORGANIZATION AND APPROACH
1. Provide an organizational chart identifying the Project manager for the work and each key
person who would be assigned to carry out the work and their respective roles in performing
the work – specifically the Resident Engineer(s) and any Assistant Resident Engineers,
inspectors, materials sampling and testing, other key support or contract administration
staff. Provide a separate description of the experience and qualifications of the Project
manager and each key person, including a summary of experience on similar Project s.
Resumés should be included for all key individuals as an appendix to the submittal.
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2. Describe your Project and management approach. Provide a detailed description of how
the team and scope of work will be managed.
3. A list of no more than three references for the consultant and no more than three references
for each subconsultants, including the names, addresses and telephone numbers of recent
related clients/Project s, preferably other public agencies and a listing of the specific Project
s and key individuals that have participated in them. Include the dollar amount related to
the participation. Identify how much experience the firm and subconsultant has had with
public agencies.
4. Describe your cost control and budgeting methodology for this Project.
5. Provide responses to the following:
a. Describe critical construction related issues associated with the Project and how you will
address these.
b. Describe critical environmental issues and how you will address these.
c. Describe how cost and schedule for the construction contract and your scope of work
could be minimized.
SCOPE OF WORK
This section should establish that the proposer understands the City’s objectives and requirements,
demonstrate the proposer’s ability to meet those requirements and outline clearly and concisely
the plan for accomplishing the specified work in accordance with the time schedule as outlined in
Appendix A, Scope of Services:
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Indication of information and participation the proposer will require from City staff.
3. Describe Project deliverables for each phase of your work.
CONTRACT AGREEMENT
Indicate any issues or proposed changes to the sample contract included as Appendix C.
The Consultant must provide a brief statement affirming that the proposal terms will remain in effect
for one hundred twenty (120) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and
accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
REFERENCES
A list of no more than three references for the consultant and three references for each
subconsultant, including the names, addresses and telephone numbers. These references may
be the same as the references listed above in IV. Proposal Format, Section C. Organization and
Approach.
FEE PROPOSAL
Within separate sealed envelope, submit a complete fee proposal for the scope of services. Provide
separate subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated
hours. Clearly identify fees for subconsultant services.
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OPTIONAL – ADDITIONAL SUPPORTING INFORMATION
Provide additional supporting information, not requested above, that you believe is pertinent to
evaluating your firm’s ability to provide comparable program services.
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X. CONSULTANT EVALUATION & CONTRACT AWARD
PROPOSAL RESPONSIVENESS
Responses to this RFP must be complete. Responses that do not include the proposal content
requirements identified within this RFP and subsequent addenda will be considered incomplete
and will receive no further consideration.
EVALUATION PROCEDURES
Proposals will be evaluated according to each weighted Evaluation Criteria and scored on a zero
to five-point rating scale shown in the table below. The scores for the Evaluation Criteria will then
be multiplied according to their assigned weight to arrive at a weighted score for each firm. A firm’s
proposal with a high weighted total will be deemed of higher quality than a proposal or interview
with a lesser-weighted total. The top 3 ranked firms may be selected for an interview, which would
be used to confirm ratings.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no
probability of success in achieving Project objectives per the RFP.
1 Poor
Below average, falls short of expectations, is substandard to that which is the
average or expected norm, has a low probability of success in achieving Project
objectives per the RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be
met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per the RFP. This
will be the baseline score for each item with adjustments based on interpretation
of the proposal by Selection Committee.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected
as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average
or expected as the norm. Excellent probability of success and in achieving all
objectives and meeting RFP requirements and expectations.
The Proposal Evaluation Criteria and their respective weights are as follows:
No. Criteria Weight
1 Understanding of Work Involved 5
2 Organization and Approach 5
3 Quality & Experience of Staff for Work 5
4 Firm Qualifications & References 5
TOTAL 20
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CONTRACT AWARD
The final selection of the awarded consultant will be contingent upon successful contract
negotiations and approval by the Public Works Director. The City Public Works Director will
administer and enforce the provisions of the contract.
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XII. APPENDICIES
APPENDIX A – SCOPE OF SERVICES
Consultant shall provide an experienced registered Civil Engineer Construction Manager and
support staff (as required) to manage the Project. Project Management services will include, but
not be limited to, all items associated with construction management and inspection services
necessary for Project completion and closeout.
Typical Duties – The Work Tasks, defined in section below, generally include the following:
1. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and Project personnel.
2. Provide technical and administrative management services for the Project,
coordination and oversight of all activities related to the construction of the Project and
provide constant communication to the Project Manager of activities and concerns on
the Project. Review all prepared documents with the Project Manager prior to
submission to the Contractor.
3. Evaluate cost reduction incentive proposals and provide recommendations to Project
Manager for acceptance or denial.
4. Perform the duties of Resident Engineer and Assistant Resident Engineer in
accordance with Caltrans procedures including construction inspection, pay quantity
calculations, materials sampling and testing, and compliance monitoring with Project
plans, specifications, permits, environmental documents, and agreements.
5. Review and monitor the contractor’s schedule through weekly meetings, and maintain
an as-built schedule.
6. Maintain binders of job records.
7. Prepare daily inspection and materials records and weekly status reports, and
stormwater compliance documentation.
8. Prepare all correspondence related to Project activities and review with the Project
Manager.
9. Identify actual and potential problems associated with the construction Project and
consult with the design engineer and Project Manager to implement engineering
solutions.
10. Coordinate submittal reviews and timely approvals with the design team and Project
Manager.
11. Prepare and approve progress payments and supporting documentation. The City will
provide signature authorization of monthly payments.
12. Pre-negotiate and prepare contract change orders. The City will provide signature
authorization of contract change orders.
13. Perform labor and subcontracting compliance tasks including labor interviews and
verifying certified payrolls and subcontractors utilization.
14. Complete record drawing markups daily, final Project certification, as outlined in Task
5, “Post-Construction Services.”
15. Recommend Project acceptance in accordance with City Standard Specifications and
procedures.
16. Ensure full compliance to Americans with Disabilities Act (ADA).
Work Tasks - A preliminary scope of services follows and includes identified work tasks.
Task 1 – Pre-Construction Services
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This task includes pre-construction services including, but not limited to the following:
Review and familiarization with contract plans, specifications, permits and
agreements, including subsurface utility relocation work. If contract conflicts, errors,
or omissions are discovered, convey to City and design engineer for correction if
prior to Project advertisement
Assist the City in evaluation of bids received.
Review Resident Engineer files. Resident Engineer’s files consist of design
engineer memos to Resident Engineers, and technical reports, environmental
document, permits, and studies.
Prepare a Resident Engineer’s Project schedule which includes all pre-construction
and utility relocations by others, and notification timelines noted on all permits,
agreements, and contract documents. Upon receipt of Contractor’s schedule,
evaluate and confer with the Contractor regarding workability of the schedule or
suggest changes that may improve the schedule and update Resident Engineer’s
schedule.
Prepare Project instructions and establish proposed contract administration and
record keeping procedures to be used during construction for review and approval
by Project Manager.
Attend meeting with City and Design Engineer to discuss design features. The
intent of this meeting is to answer questions from the Resident Engineer, meet key
staff, and review contract administration procedures.
Establish electronic records file structure and protocol for daily uploading to City
network.
Prepare meeting agenda identifying attendees and conduct a pre-construction
conference with the Contractor awarded the construction contract. Prepare and
circulate meeting minutes.
Follow Caltrans Standard Specifications Section 5-1.43, Potential Claims and
Dispute Resolution in establishing a Dispute Resolution Advisor (DRA) or Dispute
Resolution Board (DRB) as mutually agreed to by the City and the Contractor. The
agreed to process shall be reviewed and approved by Project Manager.
Establish correspondence protocols for contractor – construction management
communications to allow for clear tracking of correspondence sequences and
responses.
Task 2 – Construction Services
This task includes Project management, construction administration, scheduling, Project
observation/inspection, and materials testing during construction. Consultant management
services shall be in accordance with the Caltrans Local Assistance Program and
Construction Manuals, including but not limited to the following:
Project Coordination and Communication
Serve as the focal point for coordination among the contactor, surveyors, material
testers, design team, the Project Manager, other agencies, utility companies, and
other parties.
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Maintain close contact with Project Manager and the design team and review all
correspondence with the Project Manager prior to issuance. Maintain and track
correspondence in an organized manner throughout the Project.
Receive all Contractor correspondence and prepare and transmit responses.
Coordinate with applicable parties, as required, to develop responses.
Conduct weekly, or as necessary, construction contract coordination meetings with
the Contractor. Take minutes and distribute to parties designated in the Project
instructions.
Schedules, Progress Meetings, and Reports
Review Contractor’s planned schedule for conformance with the specifications and
for reasonableness of the sequence and duration of the activities. Provide
acceptance or correction noticing to Contractor.
Review work progress as compared to the planned schedule and notify Contractor
of schedule slippage. Analyze schedule to determine impact of weather and change
orders. Obtain from Contactor updates of construction schedule incorporating
actual progress, weather delays, and change order impacts. Negotiate time
extensions due to change orders and other delays.
Prepare and submit a monthly progress report to Project Manager describing key
issues, cost status, and schedule status.
Maintain as-built schedule
Payment
Review Contractor’s initial schedule of values for reasonableness and ease of
monitoring.
Prepare monthly quantity calculations to support progress payments.
Review and approve quantities submitted with monthly progress payment requests,
negotiate differences over amount, and process payments through the Project
Manager.
Submittals and Requests for Information (RFI)
Receive, stamp, and log submittals, and review and approve, or distribute for review
as necessary.
Monitor the review and return of submittals to Contactor. Provide reminders in
advance of deadlines for submittal reviewers
Develop and maintain a submittal tracking list to identify parties responsible for
review and acceptance, and received and response due dates.
Receive, process, and monitor Requests for Information (RFI) from Contactor.
Prepare responses to RFI related to construction issues in a timely manner.
Transmit design-related RFI to Design Engineer and copy the Project Manager.
Conduct meetings with Contractor and other parties, as needed, to discuss and
resolve RFI.
Change Orders
Evaluate potential change orders for compliance with permits, environmental
documents and other on-site and construction constraints. Provide appropriate
feedback for modifications or adjustments to change order proposals.
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Prepare Cost Request Bulletins, perform quantity and cost analysis, as required,
for negotiation of change orders, and negotiate payment for contract change
orders.
Prepare change orders related to construction issues based on drawings,
specifications, and other information from the City, design team, Project Manager,
or Contractor.
Perform change order administration, including obtaining City approval of change
order requests, issuing proposed change orders to Contractor, maintaining logs of
proposed change orders, receiving change order quotations from Contractor,
negotiating change order costs and time extension, processing final negotiated
change orders, and incorporating approved change order into progress payment
breakdown.
Prepare recommendations to accompany change order documents and forward to
Project Manager for review and approval. Obtain Contractor signature and provide
to the City for execution.
Construction Observation/Inspection Services
Provide experienced and qualified inspectors who are acceptable to the City.
The inspectors will ensure compliance with all aspects of the construction contract
by continuously monitoring, evaluating, approving or rejecting the Contractor’s work
in accordance with the approved construction contract documents.
Review laboratory, shop and mill test reports of materials and equipment, and
coordinate as required with the Design Engineers.
Review the safety programs developed by the Contractor as required by the
contract documents and monitor the Contractor's compliance.
Determine that the Contractor’s work is being performed in accordance with City
requirements and in accordance with the requirements of the contract documents.
Endeavor to guard the City against defects and deficiencies in the work. As
appropriate, require special inspection or testing, or make recommendations to the
City regarding special inspection or testing of work not in accordance with the
provisions of the contract documents, whether or not such work is fabricated,
installed or completed. Subject to review by City, reject work, which does not
conform to the requirements of the City or the contract documents.
Record the progress of the Project. Provide accurate and precise daily inspection
reports. Submit written daily progress reports to the City, including information on
Contractor and the entire Project, showing percentages of completion and the
number and status of change orders.
Keep daily logs containing a record of weather, Contractor's work on the site,
number of workers, work accomplished, problems encountered, and other relevant
data. Make the log available to the City. Prepare and send a Weekly Statement of
Working Days to the Contractor.
Check certified payrolls and monitor Contractor's compliance with labor code
requirements.
Monitor all inspection activities, both City provided and any consulted out
inspections.
Consolidate punch list items indicating work remaining for Project closeout.
Claims
Receive and analyze Notices of Potential Claim and Claims submitted.
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Review Notices and Claims with the Contract to verify understanding and determine
if reasonable solution exists to address and eliminate the Claim. Review
resolutions with the Project Manager and prepare appropriate response.
Perform claims administration, including coordinating and monitoring claims
response preparation, logging claims, and tracking claims status, and response
deadlines.
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
Materials testing and specialty inspection services will be required for construction of the
Project and provided by the Consultant or subconsultant, as directed by the Consultant.
Consultant shall review and monitor testing for compliance with the Project requirements.
The materials testing requirements include, but are not limited to, the following:
Select and retain the professional services of special consultants and certified
testing laboratories. Monitor and coordinate their services.
Provide a quality control service including inspection and testing of all materials,
such as but not limited to, steel strength, concrete strength, gravel gradations, soil
compaction in accordance with the Project plans and specifications.
Task 4 – Surveying
Surveying is anticipated to be performed by Consultant’s Staff as directed by the
Construction Manager. The Construction Manager shall review and monitor surveys to
verify compliance with the Project requirements. The surveying requirements include, but
are not limited to, the following:
Provide construction surveying services per the latest Caltrans “Survey Manual”
and its revisions.
Surveys performed by the Engineer shall conform to the requirements of the Land
Surveyor’s Act. Responsible Charge for the work shall reside with a January 1,
1982 Registered Civil Engineer or a licensed Land Surveyor in the State of
California.
The minimum standard of survey quality shall be that of similar surveys performed
by Caltrans.
The City will designate the existing horizontal and vertical control monuments that
are to be the basis of all surveys. City will provide the California coordinate system
values and elevations of these monuments. The Consultant shall adjust all
Consultant performed surveys to the designated control monuments and their
values.
Monuments established by the Consultant shall be marked by the Consultant with
State furnished disks, plugs, or tags. In addition, the Consultant shall identify
Consultant established monuments by tagging or stamping the monuments with
the license or registration number of the Engineer’s surveyor who is in “responsible
charge” of the work. Replacement of survey monuments shall be the responsibility
of the Consultant. All new monuments shall be set in accordance with current City
and Land Surveyors Act requirements.
Task 5 – Construction Environmental Mitigation and Monitoring
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The Environmental Monitor shall sign off and approve compliance with the approved MMRP
and document implementation of all BMP and on and off-site mitigation measures included
in the Project specifications.
Work Tasks – Provide a scope of services and work tasks necessary for oversight and
compliance with Phase 1B and Phase 2 Mitigation and Monitoring Plan prepared by
Rincon (attachment G1 and G2). See appendix G1 and G2 for full listing of services require
for inclusion in this task of the proposal.
For example, the environmental monitoring requirements include, but are not limited to,
the following:
Consultant shall provide qualified biologists to perform pre-construction surveys.
The pre-construction surveys should also include a photograph record of the pre-
construction condition of the site. Initial field inspections to establish no species
are present (nesting surveys, etc.)
Training of the construction crews on what to look out for (including new crew
orientation). Live training is required for when the job starts to include: foreman,
supervisors, Project managers, and resident engineers. Once this initial training is
completed then Project specific training videos shall be created for small crew
changes.
Air Quality monitoring
Cultural/Archeological monitoring during all Project earthmoving activities
Verify placement of noise related signage
Paleontological monitoring for initial ground disturbance deeper than 10-feet
Task 6 – Post-Construction Services
The post-construction services task includes Project closeout after the work is complete.
The post-construction services requirements include, but are not limited to, the following:
Compile record drawing information, and provide one copy of red-lined Project
drawings to the City.
Compile any outstanding claims and documentation together in a coherent
package.
The design consultant will provide Project changes to original design mylars to
complete the record set.
Final payment will be recommended by Consultant to the City and all remaining
Project files (organized in the manner specified in the Caltrans Construction Manual
or otherwise specified in Project Plans & Specifications) will be transmitted to the
City.
Project Certification and a Notice of Completion shall be provided in consultation
with the City.
All claims shall be processed in accordance with Caltrans 2015 Standard
Specifications Section 5-1.43, Potential Claims and Dispute Resolution.
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APPENDIX B – VICINITY MAP
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APPENDIX C – SAMPLE CONTRACT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for Structural Engineering Design Services
per Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is made and
entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods as may be
agreed upon by the City and the Consultant. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may notify
the Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Consultant to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Consultant's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice
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of Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the
value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the Project, as may be determined in the City's sole discretion, so as to permit
a full and complete accounting of costs. In no event, however, shall the Consultant be entitled
to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the contract for
convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by
the Director that termination of the contract is in the best interest of the City. Upon termination
notice from the City, Consultant must, unless otherwise directed, cease work and follow the
City’s directions as to work in progress and finished goods. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the
services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all applicable federal,
state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved
in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various laws
and regulations as well as performance of the contract, the Consultant and sub-consultants
shall maintain all books, documents, papers, accounting records and other evidence pertaining
to the performance of the contract, including but not limited to the cost of administering the
contract. Materials shall be made available at their respective offices at all reasonable times
during the contract period and for three years from the date of final payment under the contract.
Authorized representatives of the City shall have the option of inspecting and/or auditing all
records. For Federally funded Project s, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
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10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any
ensuing City construction Project. The Consultant shall also list current clients who may have
a financial interest in the outcome of this contract, or any ensuing City construction Project
which will follow. The Consultant staff shall provide a Conflict of Interest Statement where
determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—
direct, indirect or otherwise—that would conflict in any manner or degree with the performance
of the work hereunder. The Consultant further covenants that, in the performance of this work,
no sub-consultant or person having such an interest shall be employed. The Consultant
certifies that no one who has or will have any financial interest in performing this work is an
officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder, the Consultant shall at all times be deemed an independent Consultant and
not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this
contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the
warranty, the City shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract
that no person or selling agency has been employed, or retained, to solicit or secure this
contract upon an agreement or understanding, for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business. For breach or
violation of this warranty, the City has the right to annul this contract without liability; pay only
for the value of the work actually performed, or in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of
and shall observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
This includes compliance with prevailing wage rates and their payment in accordance with
California Labor Code. For purposed of this paragraph, “construction” includes work performed
during the design and preconstruction phases of construction, including but not limited to,
inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses,
pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s
work. The City will pay all application fees for permits required for the completion of the Project
including building and regulatory permit application fees. Consultant will provide a 10 day notice
for the City to issue a check.
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16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Consultant's operations, it shall be replaced or restored at the
Consultant's expense. The facilities shall be replaced or restored to a condition as good as
when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work,
the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may
employ, to engage in discrimination in employment of persons on any basis prohibited by State
or Federal law.
21. Accuracy of Specifications. The specifications for this Project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all sub-
consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been
ascertained by examining either the Project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the specifications will be as determined by law,
any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal
submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against
the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that
the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or
sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the proposal.
To the extent that these specifications constitute performance specifications, the City shall not
be liable for costs incurred by the successful Consultant to achieve the Project ’s objective or
standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant
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shall immediately notify the City in writing, and the Consultant and all sub-consultants shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and
against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its
obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising
from the sole or active negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code Section
2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted
by law (including, but not limited to California Civil Code Sections 2782 and 2782.8),
Consultant shall indemnify, defend, and hold harmless the City, and its elected officials,
officers, employees, volunteers, and agents (“City Indemnitees”), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the
City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims.
(c) Design Professional Services:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City and any and all of its officials, employees and agents (“Indemnified
Parties”) from and against any and all claims, losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs, to the extent they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault shall be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by way of
settlement or resolution without a court, jury or arbitrator having made a
determination of the Consultant’s percentage of fault, the Parties agree to mediation
with a neutral third-party to determine the Consultant’s proportionate percentage of
fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
Notwithstanding the foregoing and without diminishing any rights of City in the
preceding paragraph, for any liability, claim, demand, allegation against City arising
out of, related to, or pertaining to any act or omission of Consultant, but which is not
a design professional service, Consultant shall defend, indemnify, and hold harmless
the Indemnified Parties from and against any and all damages, costs, expenses
(including reasonable attorney fees and expert witness fees), judgments,
settlements, and/or arbitration awards, whether for personal or bodily injury, property
damage, or economic injury, and arising out of, related to, any concurrent or
contributory negligence on the part of the City except for the sole or active negligence
of, or willful misconduct of the City.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or
defense obligations. This Section survives completion of the services or the termination of
this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall be
used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and
signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items necessary to
provide the work scope outlined in the Request for Proposal, incorporated herein by reference
and attached hereto as Exhibit [X]. City staff will review any documents or materials provided
by the Consultant and, where necessary, the Consultant will respond to staff comments and
make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership and title
to all reports, documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the city and no further agreement will be necessary to transfer
ownership to the City. The Consultant shall furnish the City all necessary copies of data needed
to complete the review and approval process.
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It is understood and agreed that all calculations, drawings and specifications, whether in hard
copy or machine readable form, are intended for one-time use in the construction of the Project
for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by
the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities,
or losses arising out of, or connected with any use by City of the Project documentation on other
Project s, except such use as may be authorized in writing by the Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required to
furnish in limited quantities as part of the work or services under these specifications, the
Consultant shall provide such additional copies as are requested, and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings
with staff as necessary in performing workscope tasks.
31. Requests for Review. The Consultant shall respond to all requests for submittal review or
contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the Project scoping meeting, the Consultant
shall submit a proposed workscope, compensation and schedule within 10 working days. The
cost proposal shall include all costs including miscellaneous direct cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by
Project work phase or, in the case of on-call contracts, by Project title. Invoice must include a
breakdown of hours billed and miscellaneous charges and any sub-consultant invoices,
similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and Consultant
shall receive therefore compensation in a total sum not to exceed the individual agreed upon
Project fee. Should the Consultant’s designs, drawings or specifications contain errors or
deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed
to on a Project by Project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In
addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost
that have been identified and are attached to this agreement. The Consultant’s personnel shall
be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State
employees under State Department of Personnel Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the
City of an original invoice and acceptance by the City of the materials, supplies, equipment or
services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by a committee
consisting of the City’s Project Manager and the City Director of Public Works, who may
consider written or verbal information submitted by the Consultant. Not later than thirty days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal
Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than
30 days after issuance of the final audit report, the Consultant may request a review by the
City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted
in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant
from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Project s. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs” when Project work is for a federally funded Project. In order to ensure the State
Department of Transportation achieves its federally mandated statewide overall DBE goal, the
City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will make a determination on a Project by Project basis for reasonably
expected DBE participation to compete for the sub-consulting opportunities in this agreement.
The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part
26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded Project s, maintain records of DBE usage and complete and submit to the City
the final report of DBE utilization prior to receiving final payment. Records shall show the name
and business address of each DBE and the total dollar amount actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and
administration of US DOT assisted agreements. Failure by the Consultant to carry out these
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requirements is a material breach of this agreement, which may result in the termination of this
agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM and
Consultant's proposal dated [DATE], are hereby incorporated in and made a part of this
Agreement and are attached hereto as Exhibit [X]. Should there be any conflict between
terms set forth in the City Request for Proposals Specification No. 90435-CM and
Consultant’s proposal dated [DATE], the terms in this agreement and City Request for
Qualifications Specification No. 90435-CM will govern.
40. Amendments. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Engineer.
41. Working Out of Scope. If, at any time during the Project, the consultant is directed to do work
by persons other than the City Project Manager and the Consultant believes that the work is
outside of the scope of the original contract, the Consultant shall inform the Project Manager
immediately. If the Project Manager and Consultant both agree that the work is outside of the
Project scope and is necessary to the successful completion of the Project, then a fee will be
established for such work based on Consultant's hourly billing rates or a lump sum price agreed
upon between the City and the Consultant. Any extra work performed by Consultant without
prior written approval from the City Project Manager shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding or representation be binding upon the parties hereto. For and in consideration
of the payments and agreements hereinbefore mentioned to be made and performed by City,
Consultant agrees with City to do everything required by this Agreement, the said specification
and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
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CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Name of Company
_______________________________
Matt Horn, Director of Public Works By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
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APPENDIX D – QUALITY ASSURANCE PROGRAM
(Attached as a separate document in BidSync)
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APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN
(Attached as a separate document in BidSync)
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City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 38
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT B
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
REQUEST FOR PROPOSALS // CITY PROJECT NO. 90435-CM
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
September 1, 2022
EXHIBIT BDocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 MARSH STREET, SUITE 150, SAN LUIS OBISPO, CA 93401 | TEL. 805.706.0276 | WWW.KITCHELL.COM
September 1, 2022
Mr. Manuel Guzman, Construction Engineering Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Proposal for Resident Engineer and Construction Management Services, Cultural Arts District Parking Structure, City Project No. 90435-CM
Dear Mr. Guzman and Members of the Selection Committee:
As an experienced construction manager with a solid foundation in general contracting, Kitchell is known for delivering quality projects and providing high value services to our clients. It is with great pleasure that we submit our
proposal to perform resident engineer and construction management services for the New Cultural Arts District Parking Structure project. Our relational project management approach coupled with an extensive record of successful
project delivery will fulfill your expectations and provide you satisfaction with the end result. Our commitment to these goals has resulted in more than eighty-five percent of our work derived from repeat business.
We Have the Right Team
With over 303 project and construction management professionals, we have the capacity, skill and enthusiasm to implement our time-tested project management tools and techniques to achieve project success. Project Director Tully
Wyatt will work with you to ensure your complete satisfaction with our services and deliverables. Resident Engineer Andy Goh will fulfill the Resident Engineer duties and responsibilities as defined by Caltrans. Senior Project
Manager/Assistant Resident Engineer Tom Fee will serve as our on-site representative to the City and will function as an extension of your staff, working integrally with City personnel, design professionals, the contractor, special
consultants and stakeholders to deliver the project on time, under budget and with high quality.
Our proposed project team members have demonstrated a long-term commitment to the pursuit of project excellence, are at the top of their respective professions, and will be dedicated to the task of serving the City through
interactive collaboration, effective oversight of design professionals, contractors, outside agencies and effective management of the project as a whole.
Local Commitment
As a firm invested in the Central Coast for the long term through our established local San Luis Obispo office and widening project base, we understand the local construction market and will serve as a local resource in receiving
responsive bids from qualified contractors. Our long-term commitment to local clients by staff members who understand the issues unique to the Central Coast, provides the City with assurance that we share your desire for success.
Depth of In-house Resources
Unlike most construction management firms, Kitchell has a full complement of in-house engineering and architectural support service professionals consisting of registered architects and licensed engineers in every discipline. In
addition, Kitchell has in-house facilities management, commissioning, estimating and scheduling personnel each skilled and qualified in their respective disciplines. This team of dedicated professionals is equipped to resolve highly
complex technical challenges on a moment’s notice.
Kitchell would consider it an honor to serve the City of San Luis Obispo in carrying out resident engineer and construction management services for the New Cultural Arts District Parking Structure project as a collaborative member of the
City’s team. We appreciate your consideration and look forward to the opportunity to personally demonstrate our qualifications as we progress in the selection process.
Sincerely,
Wendy Cohen, CCM Randy Rominger, LEED AP, Assoc. DBIA
President Principal-in-Charge
(Authorized to bind the firm)
FIRM CONTACT/AUTHORIZED REPRESENTATIVE
Name: Randy Rominger, Principal-in-Charge | Address: 1540 Marsh Street, Suite 150 | San Luis Obispo, CA 93401
tel. 805.706.0276 | email. rrominger@kitchell.com | Kitchell acknowledges and accepts receipt of Addendum #1 dated July 25, 2022.
Randy is the authorized to represent the firm with respect to all notices, negotiations, discussions and other communications relating to
this proposal.
E. Cover Letter
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
F. Firm Qualifications
Industry Leading Expertise
Established in 1950, Kitchell is a 100% employee-owned company dedicated to providing construction
management and general contracting services in the Western United States. Our firm’s innovations in management
and reliability in delivering projects on time and within or under budget have earned us a reputation for superior
performance.
Since Kitchell’s inception, we have completed over $53 billion in public sector construction representing
more 3,600 projects in parking structures, civic centers, education facilities, courthouses, municipal office
buildings, detention and criminal justice centers, healthcare facilities, sports complexes, police/fire stations and
performing/cultural arts centers. Having been in business for 72 years, Kitchell has proven its long-term stability
and financial strength. As a construction management firm, Kitchell is consistently ranked amongst Engineering
News Record’s top construction management firms.
Focusing on the public sector has allowed us to develop management and project control techniques targeted to
its specific needs. Our methods have been very successful—more than 85% of our work comes from repeat
clients. We deliver our services using a variety of delivery strategies including agency and multiple prime CM,
construction management at risk, lease-leaseback, design-build and the traditional design-bid-build.
EXPERIENCE AT A GLANCE
14M SF
OF PARKING PARKING STALLS
45,000
CENTRAL COAST
CONSTRUCTION
$1.7B
CAL POLY SAN LUIS OBISPO, YAK?IT?UT?U RESIDENTIAL COMMUNITY
SAN LUIS OBISPO, CA (COMPLETED 2020)
Construction management services for a $204 million, 562,446 SF project featuring eight structures with four
and five levels above grade. The project featured single, double and quad units totaling 1,475 beds for first year
students and associated parking totaling 154,363 SF and over 450 stalls.
1. Contracting Agency:California Polytechnic State University, San Luis Obispo
2. Contracting Agency PM:Anthony Palazzo, Executive Director
tel. 805.756.6538 | email. arpalazzo@calpoly.edu
3. Contract Amount:$3.9 million
4. Date of Contract:Jan 2013
5. Date of Completion:Jan 2020
6. Consultant PM:Tully Wyatt, Project Manager | tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$165 million (Original Construction) | $172 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
5 yrs
Randy Rominger
PROJECT TEAM:
Tully Wyatt
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CITY OF CHANDLER,
OREGON STREET PARKING STRUCTURE
CHANDLER, AZ (COMPLETED 2019)
Construction management services for a new $23 million, five-level, 293,000 SF, 932-space parking garage for the
City of Chandler, which includes a road realignment along Oregon Street as well as intersection improvements at
Arizona Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much needed parking
options for those accessing City Hall as well as restaurants and other venues in the bustling area. The structure is
located to the west of City Hall across Arizona Avenue on the northwest corner of Chicago and Oregon streets.
SAN LUIS OBISPO RTA,
BUS MAINTENANCE FACILITY
SAN LUIS OBISPO, CA (COMPLETED 2022)
Construction management services for a new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The facility
accommodates operations, administration and maintenance areas and includes detached enclosures on-site,
including a trash enclosure and canopy over bus parking. Work also includes off-site improvements, specifically the
T-intersection for future Elks Lane realignment.
1. Contracting Agency:City of Chandler
2. Contracting Agency PM:Paul Ahlas, Construction Project Manager - PW & U - Capital Projects
tel. 480.782.3328 | email. paul.ahlas@chandleraz.gov
3. Contract Amount:$1.2 million
4. Date of Contract:June 2018
5. Date of Completion:December 2019
6. Consultant PM:Ralph Schulte
tel. 515.822.8735 | email. rschulte@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$19 million (Original Construction) | $20.8 million (Final Amount)
1. Contracting Agency:San Luis Obispo Regional Transit Authority
2. Contracting Agency PM:Geoff Straw, Executive Director
tel. 805.781.4472 | email. gstraw@slorta.org
3. Contract Amount:$1.6 million
4. Date of Contract:June 2020
5. Date of Completion:February 2022
6. Consultant PM:Tully Wyatt, Project Manager
tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:Troy Hart, Resident Engineer | tel. 805.448.8653 | email. thart@kitchell.com
8. Project Objective:See description above.
9. Project Outcome:$16.8 million (Original Construction) | $17.4 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
COMPLETED IN
PAST 5 YEARS
5 yrs 5 yrs
Andy Goh Randy Rominger
PROJECT TEAM:PROJECT TEAM:
Heather Brown Tully Wyatt Ryan Stefanek
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 4
Additional Parking Structure Experience
CITY OF SANTA MONICA, PARKING STRUCTURE 6,
SANTA MONICA, CA
A $44.6 million project consisting of demolition and rebuilding of a public parking
structure located directly behind Santa Monica’s largest tourist attraction, the 3rd
Street Promenade. The new structure is 11-stories (eight levels above grade and
three levels subterranean) and contains approximately 750 total spaces. Other
features include 30 electrical vehicle charging stations and infrastructure for future
charging stations, a 90-bicycle bike rack and rooftop solar panels. The structure is
LEED Gold Certified.
SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM,
PARKING GARAGE ANNEX, SALINAS, CA
A new $36 million, 79,700 SF, four-level parking structure serving as an extension
to the existing parking structure. The new garage provides a net increase of 166
parking stalls and includes a basement level with 20,000 SF of office and hospital
support space.
SMUD HEADQUARTERS REHABILITATION & PARKING
STRUCTURE, SACRAMENTO, CA
A $135 million complete renovation of the 120,000 SF office building and 45,000
SF parking garage. The building is divided into three sections: south wing, core
and north wing. The south wing is four levels above grade with a full floor below
grade; the core is five levels above grade and one floor below grade; and the north
wing has three parking levels and a two-story office portion above the parking
garage.
UC SAN DIEGO, NORTH TORREY PINES LIVING AND
LEARNING NEIGHBORHOOD, SAN DIEGO, CA
A new $628 million project consisting of over 1.6 million GSF of student housing,
parking, academic space and retail targeting LEED Platinum certification. The Living
Learning Neighborhood provides approximately 2,000 new beds, resident facilities
and support space for undergraduate students, new instruction and research space
for departments and programs within the Divisions of Social Sciences and Arts and
Humanities as well as general assignment classrooms. Buildings are varied heights
with some individual buildings reaching up to 14 stories. The neighborhood also
includes an underground parking structure with 1,200 spaces.
G. Organization &
Approach
TULLY WYATT, dbia, leed ap
Project Director
CORE TEAM
ANDY GOH, pe
Resident Engineer
TOM FEE
Sr. Project Manager/Assist. Resident Engineer
RYAN STEFANEK
Quality Assurance Manager
MATTHEW HARMS
Project Engineer
SUBCONSULTANTS
CHARLES ZANOLI
Testing & Inspections (Earth Systems)
STEVE WEBSTER, ls
BRIAN HELLWIG
Surveying (RRM Design Group)
COLBY BOGGS
MICHAEL TOM, ms
CASEY CLARK
CHRISTOPHER DURAN, rpa
DUSTIN MERRICK, rpa
JENNIFER DICENZO
Environmental Monitoring (Rincon Consulting)
As-Needed In-House Support Services
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
HEATHER BROWN, pe, leed ap, cpmp
Engineering & Architectural Services Director
MATT CHAPPELL, eit, cep
Estimating Manager
RICK STASSI
Scheduling Manager
1. Provide an organizational chart identifying the Project manager for the work and each key person who would be
assigned to carry out the work and their respective roles. Resumés should be included for all key individuals as an
appendix.
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Roles & Responsibilities
Our project team has been assembled based on their ability to deliver to the City of San Luis Obispo (SLO) the most
efficient, cost effective and best-suited skills of our professional and support personnel. The ultimate success
of the Cultural Arts District Parking Structure project is heavily dependent upon the experiences of the team. In
developing our project team, staffing continuity is a key element in our approach to managing the project. The
proposed team is proven in its capabilities and understands the complexities of parking structure construction.
Kitchell’s project team is familiar with the local contracting community and has developed strong local contractor
and subcontractor relationships. This maximizes the competitiveness translating to lower bid prices from the other
important team members—the contractor and its subcontractors.
Project Director Tully Wyatt will facilitate communication and decision making at all levels. He
will ensure total team commitment of all resources to achieve the City’s objectives for the project, be
present at key meetings and will be available continuously to the project team and City management
staff. He will conduct risk assessments, participate in issue resolution and perform periodic site reviews
to ensure the City’s objectives for schedule, budget and quality are being achieved.
As a California Registered Civil Engineer, Andy Goh will fulfill the Resident Engineer duties and
responsibilities as defined by Caltrans. He will study and become completely familiar with project
plans, specifications, permits, environmental documents and agreements. He will work with our on-
site team to organize and conduct construction inspections, materials testing and special inspections
and environmental mitigation monitoring. He will review pay quantity calculations and ensure our
team is monitoring the contractor’s compliance with the contract documents.
Senior Project Manager/Assistant Resident Engineer Tom Fee will serve as Kitchell’s full-time
on-site representative to the City of SLO and will function as an extension of your staff, working
integrally with the project team. He will work in close coordination with Andy to fulfill the Resident
Engineer responsibilities and will manage cost and time in accordance with the master project
budget and schedule. He will drive the advancement of project efforts from preconstruction through
completion. Tom will perform preconstruction services and deliverables and will be responsible for the
timely completion of all construction phase deliverables. He will manage and administer contracts,
report progress, interpret documents, conduct progress meetings, manage the progress payment
process, facilitate resolution of field issues, and coordinate project punchlist, completion and turn over.
Tom’s parking structure experience and his understanding of the local construction market will prove
to be valuable assets to the City and the project team.
Quality Assurance Manager Ryan Stefanek will serve on-site full-time during the construction
phase and will develop and implement a project-specific quality assurance program. He will manage
and coordinate submittal compliance, preinstallation meetings, mock-up reviews, inspections, testing,
surveying, environmental mitigation monitoring and SWPPP compliance.
Project Engineer Matthew Harms will serve on-site full-time during the construction phase. He
will be responsible for the preparation and processing of project-related documentation including
requests for information, submittals, design supplements, and project closeout documentation. He
will maintain Kitchell’s project information system.
As-Needed In-House Support Services
Principal-in-Charge Randy Rominger will be responsible for ensuring client satisfaction with our
team’s services, personnel, quality and contractual obligations.
Estimating Manager Matt Chappel will lead our estimating team to validate project cost in
accordance with the established project budget, lead estimating efforts that may be requested of
Kitchell, participate in bid analysis and review contractor proposed change quotations.
Engineering and Architectural Services Manager Heather Brown will lead our team’s
registered architects and licensed engineers to provide engineering support services as needed
throughout the course of the project.
Scheduling Manager Rick Stassi will lead our scheduling team to provide scheduling support to the
project team assisting in the development and maintenance of the Resident Engineer’s schedule. He
will also assist the project team with in-depth review and analysis of contractor submitted schedules,
monthly updates and delay fragnets.
Subconsultants
Charles Zanoli with Earth Systems will perform code compliance inspections as well as materials
testing and special inspections as described in Task 3 of the RFP. Charles will also support applicable
portions of Task 2.
Steve Webster and Brian Hellwig with RRM Design Group will perform surveying as described
in the RFP, Task 4.
Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick and Jennifer
DiCenzo of Rincon Consulting will perform construction environmental mitigation and monitoring
as described in the RFP, Task 5.
Our proposed construction management team is 100% dedicated to your success from conception through
completion. We will support the City of San Luis Obispo to ensure your Cultural Arts District Parking Structure
project moves forward smoothly through closeout. Our team’s commitment goes beyond the job—they
strive to see success in the community where they live and work.
100 %
Dedicated to the success of your Cultural Arts
District Parking Structure
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Project & Management Approach
Our approach to project management and the use of proper
documentation from our project management information
system, developed and proven over time, provides our team
with the information necessary to keep the Phase 1B and
Phase 2 projects within the established parameters for budget,
schedule and quality.
Kitchell will act as liaison with the City, design professionals
and other consultants to facilitate and coordinate the
execution of construction contracts, construction coordination and overall project management. We will act as the
City’s representative, advising and consulting with the City and the design professional.
We will monitor the work of contractors for deficiencies in the work and conduct a quality assurance program in
cooperation with the design professionals and City quality assurance personnel. Earth Systems, our materials
testing subconsultant will be carefully scheduled and monitored. We will notify the contractors and City Staff
of deficiencies and follow through to ensure corrections are made in a timely manner. Informal ongoing punch
lists will be generated to correct deficiencies as the projects proceed instead of waiting until the conclusion of the
project to resolve quality issues in a timely manner.
We will administer and coordinate the contracts, paying special attention to cost, contractor performance and
quality. Through on-site coordination, regular progress meetings, thorough documentation and consistent
schedule updates, we will ensure construction is completed on schedule, within budget and within the prescribed
expectations of quality.
Upon commencing services, our team develops several project management tools to facilitate complete and
efficient delivery of services. These documents include a responsibility matrix, deliverables checklist, master
schedule, cost control report, quality assurance (QA) plan and risk assessment. The responsibility matrix includes
both external (among the entire project team) and internal (among the Kitchell team) responsibilities to bring
clarity to assignments.
Our Project Director Tully Wyatt attends progress meetings monthly (more often as the needs dictate)
and conducts an on-site quality assurance assessment with the on-site team. The on-site team develops and
implements a QA mitigation plan for the identified QA deficiencies.
Tully conducts project health assessments with the on-site team on a quarterly basis. The project health
assessment includes a risk assessment, review of the deliverables checklist, review of the project schedule, review
of the cost control plan and review of the QA plan. The on-site team develops and implements a mitigation plan
following each quarterly health assessment.
2. Describe your Project and management approach. Provide a detailed description of how the team and scope of
work will be managed.
3. A list of no more than three references for the consultant and no more than three references for each
subconsultants including a listing of the specific Projects and key individuals that have participated in them. Include
the dollar amount related to the participation. Identify how much experience each firm has had with public agencies.
Public Agency 1:San Luis Obispo Regional Transit Authority | Geoff Straw, Executive Director
Address/tel.:253 Elks Lane | San Luis Obispo, CA 93401 | tel. 805.541.2228 ext. 4465
Project/Amount:Bus Maintenance Facility ($17.5 million)
Staff:Randy Rominger, Tully Wyatt and Ryan Stefanek
Public Agency 1:County of San Luis Obispo, Department of Airports | Craig Piper, Deputy Director
Address/tel.:903 Airport Drive, Suite 5 | San Luis Obispo, CA 93401 | tel. 805.781.5205
Project/Amount:San Luis Obispo County Regional Airport Passenger Terminal ($39.5 million)
Staff:Charles Zanoli
Public Agency 2:Cal Poly San Luis Obispo | Anthony Palazzo, Executive Director
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.6538
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Randy Rominger and Tully Wyatt
References
Don’t take our word for it...Our clients are our strongest advocates!
Our firm’s success is a reflection of the abilities of our staff and Kitchell as a whole. Below are references for which
Kitchell has provided construction management services for their large public works capital improvement projects.
In addition, we have included two references for each of our subconsultants. We encourage you to contact each of
the references to the quality of our work and satisfaction with our services.
Public Agency 2:Cal Poly San Luis Obispo | Howie Conroy, Construction Inspector
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.2173
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Charles Zanoli
Public Agency 3:County of San Luis Obispo | Robert Ruiz, Program Manager
Address/tel.:1087 Santa Rosa Street | San Luis Obispo, CA 93408 | tel. 805.788.2114
Project/Amount:New Animal Shelter ($20.3 million) | Probation Department Building ($16 million)
Staff:New Animal Shelter: Randy Rominger and Tully Wyatt | Probation Dept. Bldg: Randy Rominger
Kitchell
Earth Systems
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Public Agency 1:City of San Luis Obispo | Robert Hill, Sustainability & Natural Resources Official
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7211
Project/Amount:Cerro San Luis Natural Reserve Initial Study/Negative Declaration (dollar amount N/A)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Public Agency 1:City of San Luis Obispo | Hal Hannula, Supervising Civil Engineer
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7201
Project/Amount:Police Station ($300,525), Public Safety Dispatch Center ($611,711), Jennifer Street Bridge ($38,600)
Staff:Steve Webster and Brian Hellwig
Public Agency 2:County of Santa Barbara | Travis Seawards, Deputy Director
Address/tel.:123 East Anapamu Street | Santa Barbara, CA 93101 | tel. 805.568.2518
Project/Amount:Arctic Cold Project EIR Planning & Environmental Services ($280,220)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Budgeting at California Polytechnic State University,
San Luis Obispo, yak?it?ut?u Residential Community
Kitchell was vested in maintaining the project budget at the yak?it?ut?u Residential Community. Aside
from providing complete reviews of each contractor initiated change order request, we also tapped into our
Estimating Department to review potential large scale changes to the project’s parking structure facility.
In addition, we met bi-weekly with the Owner to review all approved, pending and potential changes to
the project relative to the project contingency. These efforts at cost control and of continual budget review
afforded the University the opportunities to provide additional facilities to the project (added a 2nd story to
the administrative building), provide additional redundancies to vital systems like the lift station, emergency
systems, and add critical infrastructure pieces to the campus electrical system (manholes, splice boxes). The
combined team effort kept the project moving forward while managing these changes within the project
budget.
Public Agency 2:Lucia Mar Unified School District | Bryan Hagwood, Sr. Bond Project Manager
Address/tel.:222 Stanley Avenue | Arroyo Grande, CA 93420 | tel. 805.474.3000
Project/Amount:Shell Beach ES Parking Lot ($225,270), Arroyo Grande HS Track ($7,000), Oceano ES ($91,280)
Staff:Steve Webster and Brian Hellwig
Public Agency Experience
Kitchell brings more than 72 years of experience working with public agencies representing over $53 billion
in construction encompassing over 3,600 projects. Focusing on the public sector has allowed us to develop
management and project control techniques targeted to its specific needs.
Earth Systems brings over 50 years of experience in the public sector. With an office in San Luis Obispo, Earth
Systems brings extensive background in materials testing and special inspection, with a staff of over 20 highly
qualified technicians and inspectors. They have worked with many jurisdictions throughout San Luis Obispo and Santa
Barbara Counties including City of San Luis Obispo, City of Pismo Beach and City of Grover Beach to name a few.
RRM Design Group brings more than 45 years of experience working with public agencies. Their work culture
emphasizes collaboration, frequent communication and accessibility. Focusing on the public sector has allowed them
to work with many clients in the Central Coast including the City and County of San Luis Obispo, City of Grover Beach,
City of Paso Robles, City of San Mateo, City of Santa Barbara, City of Cloverdale and City of Ukiah to name a few.
Rincon Consulting brings more than 26 years of experience working with public agencies including the City and
County of San Luis Obispo, Santa Barbara County, City of Paso Robles and City of Santa Maria to name a few.
4. Describe your cost control and budgeting methodology for this Project.
Budget Management
One of our initial efforts will be to work with the City to understand/refine the budget, including identification of
all cost components with reasonable budget assumptions to use until actual costs are accrued. We establish and
maintain a cost control system in Procore to track all costs associated with the project against the established
budget. As the project progresses, projected costs will be entered into the model, providing a real time assessment
as to the status against budget.
We often perform detailed estimates and reconcile to the design professional’s estimates, which provides an
unbiased professional opinion of probable construction costs. Construction costs along with project soft costs are
updated to reflect the latest information and tracked continuously against the established budget. We provide
recommendations on construction feasibility, availability of materials and labor, time requirements for installation
and construction, and factors related to cost including costs of alternative designs or materials, preliminary budgets
and possible economies. If it appears the project construction budget will not be met, we offer alternatives and
solutions to bring costs back in line.
Rincon Consulting
RRM Design Group
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5. Provide responses to the following:
We studied the documents published with the RFP and identified several potential critical construction and environmental issues, identified below with our proposed solutions for:
Construction Related Issues Proposed Solution
Local traffic surges every morning and
afternoon (Mission Prep High and Old Mission
Middle School) off Palm Street and adjacent
streets, for student drop off and pick up.
Establish access/egress restrictions, delivery moratoriums,
work hours, etc. in the contract documents.
Higuera Street and Marsh Street are natural
traffic arteries for construction materials
deliveries. During the deck pours, concrete
trucks stack up to continuously pour concrete.
Both streets contain critical commercial and
retail outlets.
Plan all deck pours and concrete truck staging either on-site
(off streets) or remote with radio notification for minimal
disruptions. If any businesses could be affected by steady
traffic, discuss with City to review specific activities with
affected business.
Post-tensioned (PT) concrete placement quality
control is exacting and unforgiving.
Create stringent protocols for concrete placement, finishing,
flatness, curing and sealants. Individuals (person) finishing
concrete (swirl) may influence finish variation due to
handling of trowel, pressure, etc. Ensure same finishing team
is committed start to finish. Note that after placement, PT
concrete cannot be readily repaired/ground for finish issues
due to finish and cables, etc.
Proper coordination for all PT slab systems
including MEP, fire protection, ceiling inserts,
bollard embeds, railings, bent U embeds,
bolted wheel stops, etc.
Perform thorough clash detection using Building Information
Modeling (BIM) for all systems in or supported by PT decks
to ensure there are no overhead clearance issues or in slab
conflicts requiring retrofit. (No post install drilling allowed).
Any structural changes requiring cutting or
drilling into finished PT concrete.
Resolve all identified constructability issues prior to bidding
to mitigate cutting or drilling later. Any cutting or drilling PT
concrete requires X-Ray cable locating and mapping, etc.
This parking plan is essentially open building.
Consider drainage and watertightness.
When performing constructability reviews, check all decks
for positive drainage including covered areas susceptible to
wind driven water intrusion in all areas of the vehicle and
pedestrian egress.
Contractor use of tower crane for construction
delivery.
In bidding instruction include recommendations for tower
crane placement (if used). Then have engineer revise
structural plan to accommodate tower crane option.
Parking structure fire separation/rating at the
adjacent residential buildings.
Review any portion of non-rated parking structure juxtaposed
to the adjacent residential buildings for space separation and/
or rated wall conditions required.
b) Describe critical environmental issues and how you will address these.a) Describe critical construction related issues associated with the Project and how you will address these.
Environmental Issues Proposed Solution
Storm water runoff in direct proximity to San
Luis and Brizziolani creek beds
Prioritize the SWPPP plan including ample retention
basin/s. Monitor plan so it is constantly maintained. Provide
effective track out plates to remove on-site soils and other
contaminates from vehicles. This particular location is critical
for all storm water to be properly contained and handled.
Possible high ground water table/underground
stream effect on over excavation, foundations,
elevator pit, and shored wall on east side.
Verify the geotech engineer has reviewed and coordinated
with structural engineer. Also review seasonal water table
heights with mitigation plans for these soil conditions, etc.
Elevators: Plan elevator design, pits, etc. in relation to high
water table and/or possible hydrostatic pressure seasonally.
Plan any water stop rings, sump pit, and hydraulic cements,
etc. to prevent ground water from penetrating the elevator pit
from below.
Potential tree drip and root damage at property
line.
Have arborist inspect trees at property line (on private property)
for potential issues due to construction, that may require special
protection, or removal and replacement.
Potential for excessive noise levels due to
construction activities.
Check equipment noise dBs at adjacent buildings with
mitigation options such as temporary sound walls, etc. Specify
noise mitigation requirements in the contract documents
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c) Describe how cost and schedule for the construction contract and your scope of work could be minimized.
Cost & Schedule for the Construction
Contract
Construction cost and schedule can be minimized in a variety of ways. We analyzed the documents and have some
suggestions, categorized as incentives, risk assignment and value analysis:
Incentives: We assessed the Phase 1B and Phase 2 schedule durations and do not recommend they be reduced in
the bid documents; however, schedule compression can be achieved through early delivery incentives and/or the
use of bid alternates for reduced construction duration.
Risk Assignment: As a rule, contractors don’t assume risk—they price it. Our risk assessment includes
assignment of risk the contractor may consider to be onerous, or inappropriately assigned to them and thereby
assign a premium to managing the risk item. An example is permanent shoring. Permanent shoring is shown on
the east side property line on the Phase 1B Plan. The documents instruct the contractor to design all permanent
shoring. There are two private structures on the zero-lot-line directly adjacent to the shoring. The contractor
is to insure the permanent shoring design covers any additional foundation surcharge, etc. for zero deflection.
Prospective bidders would likely consider this an onerous assignment of risk and charge a premium. We suggest
the design professional design the permanent shoring or an allowance be established in the bid documents for
permanent shoring design.
Value Analysis: We identified a number of ideas the City may want to consider in realizing some time and/or cost
savings. A few examples include:
`Precast stair treads in lieu of poured in place. The cost of precast elements fluctuate; however, even if they’re
higher in material cost, time and cost savings can be realized through faster installations and reduced labor.
`The quantity of EV charging stations can be phased to meet the demand. We recommend installing the
infrastructure for the charging stations but adding the equipment in phases to meet demand. This has the
added benefit of taking advantage of future improvements in this emerging technology.
`The copper dome details include specific details for copper dome construction, radius, materials, spire,
waterproofing, roof gutter, etc. The City may want to consider a prefabricated unit. This could result in time
and cost savings.
Optimized Staffing Plan
Our scope of work and resulting fees can be minimized through an optimized staffing plan, task assignment
evaluation and reduced construction duration:
Optimized Staffing Plan: We assembled our proposed staffing plan to deliver the highest qualified
team at the best value. We accomplished this by assigning Resident Engineer Andy Goh on a part time
basis working in close coordination with Assistant Resident Engineer Tom Fee. Through this strategy,
the City receives the benefit of Andy’s expertise whenever needed without incurring the cost of a full-
time team member.
Task Assignment Evaluation: We assembled a team of in-house employees and subconsultants
to perform all the tasks described in the RFP. We recommend primary responsibility for surveying be
transferred to the contractor. This will appropriately place liability for survey errors on the contractor for
remedy. We also recommend the City use in-house code compliance inspectors if this function can be
performed by the City at lower cost.
Reduced Construction Duration: Any schedule reductions achieved through the above measures
could result in reduced duration of CM-RE services and result in fee savings as long as added staffing
would not be required for added shifts or acceleration.
During preconstruction, the Kitchell team assisted with re-scoping the project to bring the project in budget and
developed a delivery plan including multiple bid packages and phasing to optimize the construction schedule.
During construction, the Kitchell team provided day-to-day leadership throughout construction including cost,
schedule and quality components of the project.
The Kitchell team approached every day with the same enthusiasm, modifying plans as necessary to keep the
project moving. They effectively communicated and coordinated with all involved in the project including the
building department and other agencies having jurisdiction, the design team and contractors. We are grateful
to have such capable staff on the project and would like to take this opportunity to recognize their dedication.
-Andy Newman, Deputy Director, Butte County Association of Governments
Butte Regional Transit Operations Center (BRTOC)
Kitchell was a key partner in the successful delivery of the County of San Luis Obispo’s Animal Services Facility
project. The first design-build project for the County. Kitchell provided preconstruction guidance on the $20.3M
project and then was the day-to-day Construction Manager during construction. Kitchell’s staff was competent,
professional and a pleasure to work with.
- Robert Ruiz, Manager Project Delivery Division, County of San Luis Obispo
““
““
Client Testimonials
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H. Scope of Work This section should establish that the proposer understands the City’s objectives and requirements, demonstrate
the proposer’s ability to meet those requirements and outline clearly and concisely the plan for accomplishing
the specified work in accordance with the time schedule as outlined in Appendix A, Scope of Services:
A Plan for Accomplishing
the Specified Work
We have thoroughly reviewed the Scope of Services contained in Appendix
A of the RFP in conjunction with the contract documents, quality assurance
plan, mitigation and monitoring plan, and project delivery schedule
accompanying the RFP. Through this review and our periodic discussions
with City personnel prior to issuance of the RFP, we have developed an
understanding of the City’s objectives for the Cultural Arts District Parking
Structure project. The succeeding paragraphs describe our plan for
accomplishing the scope of work within the prescribed schedule.
Scope of Services Statement
We will perform the scope of services defined in Appendix A of the RFP,
which includes: performing the duties of the Resident Engineer as defined
by Caltrans, assist with bid evaluation, review available project documents,
prepare and maintain the Resident Engineer’s project schedule, develop
project procedures in collaboration with the City, establish and maintain
the project management information/document control system, establish
a dispute resolution process, provide project administration, coordination
& communications, monitor/evaluate the contractor’s schedule, conduct
progress meetings, issue progress reports, evaluate payment requests,
manage the submittal and RFI processes, manage/mitigate change orders,
conduct construction observations/inspections, evaluate & negotiate
claims, perform materials testing & specialty inspections, perform
surveying, perform construction environmental mitigation & monitoring,
and manage project completion & closeout
City Staff Participation
We often use a responsibility matrix to clarify team participation
requirements in granular detail. Our need for City staff participation
generally boils down to providing project information and documentation,
a designated representative who can render timely decisions, access to City
personnel who have the authority to authorize contract modifications, and
liaison with City departments and other local authorities involved in the
project.
Workplan
Task 1: Preconstruction Services
Upon commencing preconstruction phase services, Resident Engineer
Andy Goh and Assistant Resident Engineer Tom Fee will perform an
immersive study of all available project documents to become intimately
familiar the available project information. They will use this base of
information to build and implement a strategy to ensure successful delivery
of the project, described in greater detail herein.
Construction Management Plan
Upon commencing services, we will work with the City to develop the
construction management plan. This effort will serve as the project team’s
primary point of reference and will establish the framework for project
execution. The construction management plan will include the following:
`Communications protocols, progress reporting requirements, roles and
responsibilities, and project procedures to establish clarity on how the
City, designer, contractor and Kitchell interact as a team and administer
and coordinate the work of the project.
`Master Budget and Master Schedule: Kitchell will evaluate the City’s
current schedule, budget, and design to establish time and cost
expectations. From this evaluation, Kitchell will develop a master
budget and master schedule to track progress and develop strategies
to remain on schedule and within budget.
`Project Logistics Plan to identify and resolve project logistical
challenges such as ensuring undisrupted activity to the surrounding
community, access/egress issues, noise mitigation measures, staging
operations, and many other logistical challenges.
TASK
TASK
TASK
TASK
TASK
TASK
1
2
3
4
5
6
Preconstruction Services
Construction Services
Geotech. & Materials Testing
& Special Inspections
Surveying
Construction Environmental
Mitigation & Monitoring
Post Construction Deliverables
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`General Conditions and Bid Forms/Procedures to convey clear scope of
work and concise bidding/contract execution procedures to the bidding
community and provide ample project administrative control.
`Quality Assurance Plan to establish a clearly defined process for
achieving the City’s quality objectives.
The construction management plan is an evolving document and will be
updated continually throughout the project. Many of these elements are
explained in greater detail in relevant sections of our proposal.
Resident Engineer’s Master Project
Schedule
We will develop and maintain the overall Critical Path Method (CPM)
Resident Engineer’s master project schedule with milestones. Our project
schedules provide information in a concise, clear, and effective format. The
schedule will incorporate all remaining preconstruction and construction
activities. In the process, we will evaluate and propose alternatives for
project logistics, phasing and sequencing. We will advise the project team
regarding factors including long-lead materials procurement, rapidly
changing materials prices, weather, overall schedule requirements,
favorable/unfavorable bidder climate and regulatory requirements.
The project team will determine the pertinent factors. They will then
be compiled, evaluated, and reduced to a set of recommendations for
incorporation.
Quality Assurance Plan
Kitchell has a standard Quality Assurance (QA) program, which will serve
as a vital tool in developing a project-specific QA plan and facilitating the
contractor’s implementation of their Quality Control (QC) plan. We will
take a proactive approach to quality assurance to see that project receives
the best project quality for its investment. Primary aspects of Kitchell’s QA
program include:
`Conducting design and constructability reviews to improve buildability
and help eliminate potential change orders
`Establishing clear QA/QC processes and procedures including
inspections, materials testing & special inspections; as well as delivered
materials verification against approved submittals.
`Participating in pre-installation meetings prior to each construction
operation to ensure proper installations and applications without
costly rework.
`Requiring mock-ups of important building components and finishes to
ensure that the specified quality expectations will be met.
Bid Administration
Successful administration of the bid phases will result in a project that
meets the City’s goals for receiving responsive and responsible bid
proposals from prospective qualified bidders. Kitchell performs a variety of
services in administering and assisting in the contractor selection process.
Our bid phase services often include:
`Extensive bidder solicitation to generate a competitive bidding
environment
`Conducting pre-bid conferences to clarify bidding requirements and
provide bidders with a venue to conduct their pre-bid investigations
`Developing methods for tracking, responding to, and expediting
questions received prior to receipt of bids
`Reviewing addenda and advising the team of time, cost or
constructability impacts
`Assisting in assembling construction documents, bid documents,
general conditions, addenda and distribution to all prospective bidders
`Reviewing and analyzing bids and making recommendations to the
owner for contract awards
`Assist and coordinate the resolution of bid protests
`Post-bid meetings and analysis of bid alternates
`Assist with contract development, award, and formal issuance of
Notice to Proceed
Task 2: Construction Services
Project Coordination & Communication
Conveying clearly defined communications are paramount to project success.
Kitchell will organize and establish effective communication among the
project team members. We will ensure that responsibilities for completing
tasks are assigned to appropriate team members, they are understood by all,
and are tracked throughout the design and construction process.
Written communications are date stamped, logged, and tracked for
responses. Our project personnel are trained in Procore online data control
system for generating and/or tracking communications, costs, requests for
information, submittals, daily logs, drawings, and other project documents.
We are also flexible in adapting to other project administration systems as
dictated by City and project demands.
Logs are distributed for all outstanding items. These logs are reviewed,
prioritized, and correspondence is produced from Procore for all due and
delinquent items. This enables the team to proactively address and resolve
issues without experiencing the consequences of delayed response.
Schedule Management
Careful monitoring and regular reporting of activities against the
contractor’s schedule will provide early information about overall progress.
We will follow up on potential delay issues through active communication
with City staff and the project team. We will continually review and
monitor progress of the work against the scheduled milestones, and
provide recommendations necessary to prevent, minimize, or recover from
delays.
The accepted critical path schedule will become the baseline upon which
we measure progress, as well as record an accurate history of how the
project is built through consistent schedule updates. We will use the weekly
on-site project construction meetings as a forum to discuss the status of the
schedule with the contractor. We will continuously monitor the schedule
and enforce the provisions of the contract documents regarding scheduled
progress. We will also enforce the provisions of the specifications regarding
scheduled progress of the project. We have developed specific language
used extensively in contract documents requiring the contractor to follow
rigid specifications in the development and maintenance of a CPM schedule
that is dollar and manpower loaded.
In the event that a contractor submits a delay claim, the contractor must
provide justification substantiating that an actual delay to the work
occurred. Additionally, the contractor must provide a schedule analysis
showing that the delay affected work activities critical to scheduled project
completion. Finally, the contractor must substantiate the number of delay
days claimed. The contractor’s documentation to substantiate the claim is
then reviewed and analyzed, and entitlement, if any, is determined.
PRECONSTRUCTION DELIVERABLES:
–Resident Engineer’s master
project schedule
–Project Procedures
–Quality Assurance plan
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Progress Meetings
We consider meetings an effective means of collaborating on ideas,
resolving issues, building relationships, and reporting information in
a relational environment. Subject matter for construction progress
meetings will include the coordination and implementation of design
elements, identification and resolution of issues, schedule coordination and
compliance, tracking and management of RFIs, submittals, change orders,
payment applications, and general coordination of testing and inspections.
To memorialize important statements made and actions required, concise,
accurate meeting minutes issued in a timely manner are just as important
as the meetings themselves. We adhere to Kitchell’s 48-hour turnaround
policy on issuing meeting minutes.
Progress Reports
Progress reports provide a snapshot of project status. We will generate
reports electronically to summarize project activities, report schedule and
budget status, address current project issues and forecast future activities.
Photographs showing project progress are included along with applicable
logs and other pertinent information.
Payment
Kitchell, in consultation with the design professional and the City, will
implement a standard procedure for the review, processing, and payment
of the contractor payment applications as well as invoices applicable
to the project budget. This procedure will facilitate timely, accurate
and appropriate payments, thereby limiting the City’s exposure to
overpayments or interest fees.
Submittals
Kitchell’s submittal activities begin weeks before the contractor begins
work. To ensure that the contractor fulfills the specified submittal
requirements, we comb the specifications for any required submittals
and enter them into our project administration software. This enables us
to work from a submittal schedule tied to individualized submittal due
dates. Once the contractor transmits submittals for approval, submittal
status transitions from “scheduled” to “logged” by simply entering actual
receipt dates to the pre-entered submittal information. We utilize our
computerized submittal schedules and submittal logs to mitigate delays
due to delinquent contractor submittals or consultant reviews.
Requests for Information
During construction, prompt resolution of the contractor’s requests for
information (RFIs) will help mitigate change orders. For this reason, we
have implemented an efficient RFI processing and monitoring system
through our project administration software. We have also developed
specification language to reduce erroneous RFIs.
We will use the RFI Log to track requests for information including
important receipt and response dates and ball-in-court status. Most
importantly, the RFI Log prioritizes when a response is required to
be submitted to the contractor. This will help mitigate delays due to
delinquent RFI responses. The RFI Log is updated weekly and is distributed
to all team members during the weekly meetings.
Change Orders
Our change order mitigation process will include a thorough evaluation
of each change order request against the contract documents for validity.
Valid change order requests will be systematically reviewed for onerous or
excessive cost items.
Kitchell, in conjunction with the City and the design professional, will
develop and follow specific procedures for resolving change order disputes.
The team will maintain emphasis on critical issues and ensure that all
appropriate team members are informed of the proposed changes and the
impact on cost and time immediately when the issues arise.
Construction Observation/Inspection
Our construction management personnel are well equipped to conduct
field inspection support, oversight, and quality assurance. We have assisted
in selecting, coordinating and administering over $300 million of special
consultant contracts. This experience will be very useful in administering
and coordinating the work of building inspectors, testing and inspection
personnel, mitigation monitoring personnel and others as required by the
City.
We will conduct field observations and generate daily reports. Our project
team will collect and report daily project information to develop a written
history of the project. Information included in our daily reports includes
activities performed, important events of the day, visitors, materials
received, crew size, weather data, and issues to resolve. This collection
of daily reports document daily construction events forming an as-built
history of construction schedule implementation.
Dispute Resolution/Claims
We have found that unresolved disputes diminish in an environment of
partnership. We recommend implementation of a dispute resolution ladder
to enable issues to be escalated from the field to progressive levels of the
project hierarchy enabling issues to be resolved without becoming stymied
in conflict and indecision.
SCHEDULE MANAGEMENT
CITY OF SANTA MONICA, PARKING STRUCTURE 6
Kitchell was responsible for setting and maintaining the project
schedule. Several factors had to be considered for establishing
this schedule. First and foremost was how to facilitate a major
construction project in a high-traffic downtown area. Second was the
timing for delivery of materials – how it would affect neighboring
businesses and residents, safety precautions to accommodate
pedestrian traffic, etc. Kitchell met with the entire project team each
week to monitor schedule issues, make adjustments as needed and
report progress updates and changes to the client.
With the demolition, however, there were a lot of unforeseen issues
that affected the schedule early on. Once the existing structure was
demolished and site excavation had begun, the general contractor
discovered underground storage tanks and hazardous materials that
required remediation. The additional work to remove the tanks and
hazardous materials caused about a four-week delay. Despite these
early challenges with unforeseen conditions during demolition and
the need to bring in a new electrical connection, the project was
delivered and operational on time.
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In the event parties disagree over design intent, unforeseen changes, utility
conflicts, schedule delays and other issues, and agreement isn’t reached
through dialogue, Kitchell will implement a dispute resolution process
involving an objective analysis of merit and entitlement. Kitchell will meet
with the City to recommend a solution then attempt settlement with the
involved parties. If settlement negotiations are unsuccessful, Kitchell will
recommend the matter be resolved through a formal dispute resolution
process outlined in applicable contracts.
Having a wide range of subject-matter experts, construction and
engineering professionals, we will be able to review, assess and
recommend action on additional cost matters, and scope entitlement or
denials. Lastly, we can identify if contractor costs are appropriate based
on our database of cost estimates developed for multiple projects in the
region.
TASK 3: GEOTECHNICAL &
MATERIALS TESTING & SPECIALTY
INSPECTION
Earth Systems will perform the materials testing and specialty inspection
scope of services described in the RFP.
TASK 4: SURVEYING
RRM will perform the survey scope of services as defined in the latest
version of the Caltrans Survey Manual.
TASK 5: CONSTRUCTION
ENVIRONMENTAL MITIGATION &
MONITORING
Rincon will perform the environmental mitigation and monitoring
scope as defined in the RFP including providing qualified biologist(s), air
quality monitoring, cultural/archaeological monitoring, paleontological
monitoring, and placing noise mitigation signage.
TASK 6: POST-CONSTRUCTION
SERVICES
We will review the front-end documents to ensure they clearly reflect the
City’s expectations for contract closeout and warranty issue response. We
will also develop procedures that define each team member’s roles and
responsibilities during the start-up, closeout and warranty phases.
Kitchell will participate in walk-through inspections. From these
inspections, a punch list of remaining items to be addressed will be
generated. We will work with the City to verify that these items are
corrected before moving on to final completion.
Kitchell will assist in determining final completion and scheduling final
inspection. We will manage submittal of required closeout documents
including warranties, guarantees, affidavits, releases, bonds, and waivers,
as well as coordinate delivery of all keys, manuals and maintenance stock.
We will work with the City to secure as-built drawings, records, logs,
photographs, change orders and shop drawings as required by the contract
documents.
CONSTRUCTION DELIVERABLES:
–Project documentation via
electronic uploads
–Meeting minutes
–Reports: Daily Observation,
Inspection, Monthly
Progress
–Logs
–Schedule reviews
–Review/Recommendations:
Changes, Claims, Payment
Applications
MATERIALS TESTING & SPECIALTY
INSPECTION DELIVERABLES:
–Materials testing and specialty inspection reports
SURVEYING DELIVERABLES:
–Survey records
POST-CONSTRUCTION DELIVERABLES:
–Red-lined project as-built drawings
–Compilation of outstanding claims and other financial closeout
documentation
ENVIRONMENTAL MITIGATION &
MONITORING DELIVERABLES:
–Environmental mitigation and monitoring reports
Three-Step Claim Analysis Process
Merit Evaluation:
Performed to determine
the legal basis of the claim,
if any.
Settlement Negotiations:
Conducted with the
contractor.
Entitlement Analysis: If the
claim has merit, an entitlement
analysis is performed to
determine time and monetary
entitlement.
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Contract Agreement Indicate any issues or proposed changes to the sample contract included as Appendix C. The Consultant must
provide a brief statement affirming that the proposal terms will remain in effect for one hundred twenty (120)
days following the date proposal submittals are due.
Kitchell has reviewed the sample contract in Appendix C of the RFP, and has identified the following exceptions. We
request the following redlined changes to the indemnity provisions:
22. Hold Harmless and Indemnification.
`(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but
not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of to the extent caused by the
Consultant’s negligent performance or Consultant’s negligent failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole or active negligence or willful misconduct of the City.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees and pay their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
`(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction
contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph
A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782
and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation
(“claims”), arising out of to the extent caused by the Consultant’s negligent performance or Consultant’s
negligent failure to perform its obligations under this Agreement or out of the operations conducted by
Consultant, including the City’s active or passive negligence, except for such loss or damage arising from
the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse
the City Indemnitees and pay their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
`(c) Design Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend,
and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from
and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and
costs, to the extent they are caused by arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense
costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any
loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having
made a determination of the Consultant’s percentage of fault, the Parties agree to mediation with a neutral
third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City. Notwithstanding the foregoing and
without diminishing any rights of City in the preceding paragraph, for any liability, claim, demand, allegation
against City caused by a negligent arising out of, related to, or pertaining to any act or omission of Consultant,
but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless the
Indemnified Parties from and against any and all damages, costs, expenses (including reasonable attorney fees
and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily
injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory
negligence on the part of the City except for the sole or active negligence of, or willful misconduct of the City.
In addition, we request the non-applicable indemnifications provisions be struck. We believe paragraphs (a) and (c)
should be struck.
In our opinion, the dispute resolution provisions in Article 36 are somewhat unusual and biased in favor of the
Owner. We request the opportunity to meet with the City and explore mutually agreeable changes to the dispute
resolution language.
Statement of Affirmation
Kitchell certifies that the proposal terms will remain in effect for one hundred twenty (120) days following
the date proposal submittals due date, September 1, 2022.
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References
Fee Proposal
Optional- Additional Supporting
Information
A list of no more than three references for the consultant and three references for each subconsultant, including the
names, addresses and telephone numbers. These references may be the same as the references listed above in IV.
Proposal Format, Section C. Organization and Approach.
Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Please see pages 6 and 7 for details on no more than three references for Kitchell and each of our
subconsultants.
Please see the separately sealed envelope for details on our complete fee proposal for the scope of
services. We have provided separate subtotals for Phase 1B and Phase 2 broken down by task and staff
billing rates with estimated hours, as well as clearly identified fees for subconsultant services.
None.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX i
EDUCATION
MBA, Florida Institute of Technology
BS, Architecture Engineering, California
Polytechnic State University, San Luis
Obispo
INDUSTRY
CERTIFICATIONS
Designated Design-Build Professional
LEED Accredited Professional
OSHA 30 Hour Certification
TULLY WYATT, dbia, leed ap
PROJECT DIRECTOR
As local San Luis Obispo resident, Tully brings over 19 years of industry experience as a dedicated, organized and detail oriented construction professional. He is a skilled leader who believes
in transparent, ongoing communication and maximizing technology to expedite information, guaranteeing that all team members, including subcontractors, are constantly informed of
decisions or changes in real time. Tully has a wide range of experience in alternate delivery methods, including CMAR and design-build, as well as extensive project experience, including
his most recent work at San Luis Obispo Regional Transit Authority Bus Maintenance Facility where he is serving as a Senior Project Manager. As a local resident for many years, Tully is
committed to his local community and clients. His commitment to local clients ensures Tully understands the issues unique to San Luis Obispo, providing the City with assurance that he
shares your desire for success.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis
Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus maintenance
facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The
facility accommodates operations, administration and maintenance areas and includes
detached enclosures on-site, including a trash enclosure and canopy over bus parking. Work
also includes off-site improvements, specifically the T-intersection for future Elks Lane
realignment.
California Polytechnic State University, San Luis Obispo, Recreation Center, San Luis
Obispo, CA: A $57.5 million, LEED Gold certified recreation expansion that added 85,000 SF to
the facility and renovated another 90,000 SF. Additions included a lobby/lounge, three fitness
rooms, a two-court gym, a multi-activity center, tripled exercise space, a wellness center, an
indoor jogging track, restrooms, leisure pool and deck, an additional sand volleyball court, and
six racquetball courts rebuilt with Squash and Wallyball configurations. Renovations included
men’s and women’s locker rooms. The recreation center remained operational during the
construction period.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus; the
replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A
new $16 million, 31,000 SF, two-story office building featuring office space for county probation
staff, interview rooms, training, conference and evidence rooms, armory, secured sallyport,
break rooms, locker and changing rooms, restrooms with showers, a public lobby, secured
parking for employee vehicles and department vehicles as well as an emergency generator.
Santa Barbara County, Staff Augmentation Services, Santa Barbara, CA: Tully
alongside Kitchell is currently providing staff augmentation services to Santa Barbara
County for over 27 projects totaling more than $73.1 million. Our services include project
and construction management for capital and facilities/maintenance projects, project
development, programming, scope of work development, RFP/bidding document production,
overseeing bidding process and closeout.
City of Santa Maria, Historic Smith-Enos House Structural Improvements, Santa
Maria, CA: A $180,000 project providing structural improvements to the historic Smith-Enos
House in Santa Maria. The modernization and revitalization of the structure is phase one
of a multi-phase approach to the renovation of the house, which aims to rehabilitate the
interior and exterior of the historic residence to recreate a new indoor public recreation venue
featuring cultural and historic exhibits.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ii
EDUCATION
MBA, Business Administration, Arizona
State University
MS, Civil Engineering, Arizona State
University
BS, Civil Engineering, Arizona State
University
INDUSTRY
CERTIFICATIONS
Professional Engineer #C 45731, CA
Professional Engineer #24771, AZ
Professional Engineer #125612, TX
ANDY GOH, pe
RESIDENT ENGINEER
With more than 34 years of strong, relevant management experience in a wide variety of public works service areas and operations, Andy has led teams to the successful completion of
hundreds of infrastructure projects, many of which are fast-track, high profile or federally funded. He is well-versed in complex public policy issues and applicable laws governing municipal
operations and project delivery. Under his leadership over the years, his teams have provided customer service-first public service with strategic forward-thinking and incorporated best
management practices and use of technology to improve and enhance service delivery. Andy has successfully led his teams in completing many major and complex capital improvement
projects in various markets including street transportation, public transit, water and wastewater, public safety and aviation. Proactive in establishing constructive and collaborative
partnerships, he prides himself on his ability to build solid and lasting relationships. Andy is results-driven and decisive, while remaining an approachable and progressive leader with a
strong commitment to the client’s strategic vision.
PROJECT EXPERIENCE
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million,
five-level, 293,000 SF, 932-space parking garage for the City of Chandler, which includes
a road realignment along Oregon Street as well as intersection improvements at Arizona
Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much
needed parking options for those accessing City Hall as well as restaurants and other venues
in the bustling area. The structure is located to the west of City Hall across Arizona Avenue on
the northwest corner of Chicago and Oregon streets.
City of Tempe, Tempe City Hall Parking Structure, Tempe, AZ: A $16 million
(construction cost), five-level, 175,000 SF, 440 stalls parking structure. The five-story mixed-
use facility includes parking on all five levels with retail and office space in portions of the
first two levels. The exterior cladding of the building consists of light gauge metal stud walls
with an adhered stone finish.
Tempe East Valley Bus Operation & Maintenance Facility, Tempe, AZ: A $39 million,
103,890 SF, 250-bus LEED Gold certified facility featuring administrative offices, operations/
driver facilities for over 500 operators, a bus maintenance building, bus canopies, and a full
liquid natural gas and compressed natural gas (LNG/CNG) fueling center with fare retrieval and
bus wash on a 25-acre site.
City of Tempe, Center for the Arts, Tempe, AZ: A new $68 million, 88,000 SF performing
and visual arts center consisting of two theaters, multi-use areas, gallery and administrative
space as well as 20 acres of site development. The facility includes a 600-seat main theater,
200-seat black box theater, public space, stage support, a 3,000 SF multi-use space for
rehearsals and events, a 3,500 SF visual arts gallery, administration, gift shop, catering kitchen
and donor room. Special features include a 20,000 SF underfloor air distribution (UFAD) system,
high-end architectural concrete components such as scalloped walls, battered/radius walls
and a cast-in-place dome in the main theater. Site development features include a reflecting
pool, pedestrian paths and a park located next to a riparian area on the southwest shore of the
Tempe Town Lake, adjacent to a downstream dam.
City of Tempe, Curry Road Pedestrian Improvements, Tempe, AZ: A $600,000
road improvement project consisting of the removal and replacement of curbs, gutters,
sidewalks, roadway medians, landscaping and a 48” concrete irrigation pipe. This project was
funded by the ARRA.
City of Tempe, Tempe Town Lake Pedestrian Bridge, Tempe, AZ: A new $5.5 million
CMAR suspension bridge totaling 1,000 LF pedestrian and bicyclist bridge connecting the
north and south shores of Tempe Town Lake. The bridge, which is lit with vibrant blue hues
after dark, consists of four spans of 228 feet each and weighs about 165,000 pounds in total.
The bridge is 12 feet wide and 34 feet tall, with arches suspended by 32 metal cables. The
bridge has a total of 128 steel cables which criss-cross each other and add to the bridge’s
distinctive shape.
City of Chandler, Chandler Public Safety Training Center, Chandler, AZ: A new $27
million, 58,090 SF shared resource facility for the Chandler Police Department and Chandler
Fire Department. It was built in multiple phases with Phase 1 providing an administrative,
educational and tactical training building. Phase 2 provides a separate, state-of-the-art indoor
police firing range complex. The finished facility includes an auditorium, offices, tactical
training, fitness, firearms simulation system, breakroom, secure parking and exterior secure
break areas. This new training complex is the hub for integrated police and fire training and the
combined public safety training center.
City of Tempe, Apache Boulevard Police Substation, 911 Call Center, and Property
& Evidence Facility, Tempe, AZ: An 82,800 SF facility prominently located on Apache
Boulevard housing various police functions including patrol, SWAT team, a 911 Call Center
and a Property & Evidence Facility. The second floor of the Apache Substation includes a 911
Call Center and Dispatch Center with space allowing users to collaborate, flexible access to the
console areas and a separate training area. The entire facility includes complete redundant
power and cooling systems. Adjacent to the Substation and Call Center is a 28,800SF property
and evidence storage facility.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iii
EDUCATION
Coursework, Art, Saddleback College
AFFILIATIONS
Construction Management Association
of America (CMAA)
TOM FEE
SR. PROJECT MANAGER/ASSISTANT RESIDENT ENGINEER
Tom has more than 30 years of experience successfully leading teams managing program development and construction for both public and private clients. As a construction expert,
he specializes in all processes from predevelopment through construction delivery, authoring construction management guidelines and redevelopment use plans. Tom’s experience
encompasses commercial, industrial, civic/municipal, public private partnership, planning, commercial mixed use, telecommunications, criminal justice, healthcare, hospitality and
residential, providing services including program development, plan and specification constructability review, bidding and buyout, estimates, change order review, baseline scheduling and
dispute resolution. He believes in a proactive project management approach, increasing productivity and providing exemplary results for his clients.
PROJECT EXPERIENCE
City of Los Angeles, Metropolis LA R2, Los Angeles, CA: Tom managed on-site
construction for the R2 portion of the downtown Los Angeles Metropolis LA. R2 is a type I
concrete condominium single structure with 40 levels above grade and two levels below
grade. A total of 514 luxury condominiums with a connected (post tensioned) 11-story parking
structure totaling 658,495 SF and 1,821 stalls. The roof of the parking structure is a landscaped
deck featuring a swimming pool, spa, fire features, volleyball, sporting area, a dog park and a
play space. The overall project is located within the 6.3 acre, $1 billion Metropolis development.
R2 also includes 36,482 SF of retail located at the ground floor and an amenity level.
City of Beverly Hills, La Cienega Tennis Center, Beverly Hills, CA: As construction
manager for the City of Beverly Hills, Tom managed overall construction of the La Cienega
Park and Tennis Center. The project included a 138,000 SF, post tensioned parking garage
with City tennis courts located on the parking structure roof. The project also included a park,
two baseball fields, soccer field and the Margaret Herrick Museum and Library.
Los Angeles Unified School District, Central Los Angeles Region High School #12,
Los Angeles, CA: A new $20.2 million concrete podium style construction with below grade
parking and steel frame parking structure for upper floors. Tom served as the Cost Estimator
responsible for reviewing the contractor’s baseline schedule, monthly pay application and
time impact analysis by general contractor, preparation of independent cost estimates for
change orders, evaluation of general contractor cost estimates and negotiation of final
change order amounts.
University of California, Santa Barbara, San Nicolas and San Rafael Residence
Halls, Santa Barbara, CA: Two fast-tracked complete interior replacement projects
totaling approximately $3 million located on the UCSB campus, San Nicolas Hall, a seven-
story building with 265 rooms and San Rafael Hall, which consists of housing clusters
accommodating approximately 500 students. Construction volume required CPM schedules
to be updated twice per day, working closely with the university and subcontractors to
guarantee delivery. Projects were completed sequentially on-time and within budget.
University of California, Santa Barbara, Biotech Seawater Laboratory, Santa
Barbara, CA: A $7 million biotech seawater lab/marine studies facility which can replicate
any global ocean condition. Tom served as the Superintendent responsible for managing
site construction to completion and certification for a project with extremely complicated
logistics for structural concrete involving corrosion resistance, direct seawater filtering,
piping and storage tanks. Due to the complexity of the project, constant interface with staff
and facilities management during construction was required.
Department of General Services, Caltrans District 11 Headquarters, San Diego,
CA: Senior Project Manager responsible for managing program, infrastructure planning,
constructability review, master schedule, project budget, public bidding, award and physical
delivery of the 12-acre, 320,000 SF, five building campus. Project was completed under
project and ahead of schedule.
Dynegy, The Plant University, Morro Bay, CA: Programming for a redevelopment of
a 12 million cu. ft. waterfront power plant while still in operation. The site consists of 50
acres of oil storage, brownfield certification, city lease arrangements, etc. The final program
and site use plan was projected at $175 million and included a post graduate university for
sustainable power engineering and water studies, classrooms, labs, housing, commercial
mixed-use space and convention center.
Kern County, Park Wi-Fi, Kern County, CA: Kitchell is providing project management
services for the County’s park Wi-Fi project. The American Rescue Plan Act (ARPA) provided
the County with funds thereby allowing them to provide public access internet Wi-Fi coverage
to the 43 County-owned parks scattered among the 8,163 square miles that encompass Kern
County – roughly the same size as the State of New Jersey. Our services include planning,
scope development, consultant/contractor procurement, estimating, commissioning, and
project management from concept through completion for each of the park sites.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iv
EDUCATION
MBA, Business Analytics, Cal Poly San
Luis Obispo
BA, Politics, University of California,
Santa Cruz
Certificate, Business Analytics
INDUSTRY
CERTIFICATIONS
OSHA 30-Hour Certified
Construction Manager-in-Training (In
Progress)
RYAN STEFANEK
QUALITY ASSURANCE MANAGER
Ryan brings eight years of experience in the construction industry. He started his career as a field laborer with a general contractor performing carpenter duties while pursuing a master’s
degree in business analytics at California Polytechnic State University in San Luis Obispo. Over the years, Ryan transitioned to construction management as a project intern and worked
his way up to project engineer. He is passionate about construction and feels that working in the industry is a mixture of marathons and sprints. Ryan excels at planning and responding
quickly to project demands.
Ryan brings a proven ability to lead cross-functional teams through routine and complex processes. Skilled in guiding team building exercises that focus on morale and personal and
professional growth. He takes a responsive leadership approach and uses critical thinking skills to solve issues during the initial stages. Equipped with a Master’s Degree in Business
Administration and a Certification in Business Analytics Ryan has a solid ability to research and analyze data with strong attention to detail and an eye for spotting inaccuracies. In
addition, Ryan has proven expertise in project planning, scheduling and implementation.
As a highly skilled professional, Ryan is well versed in the process of providing QA/AC oversight as a component of Kitchell’s services. He provides an informed high-altitude view of the
projects issues with quality delivery. Ryan’s recent experience includes serving as Project Engineer III for a four-story cast in place concrete structure in the City of San Luis Obispo. He also
brings recent experience from the San Luis Obispo Regional Transit Authority Bus Maintenance Facility project.
PROJECT EXPERIENCE
California Polytechnic State University, Multi-Use Facility, San Luis Obispo, CA:
Construction of a $100 million four-story cast in place concrete structure that housed
multiple facilities for the University including a commercial kitchen, videography studio and
multiple laboratory spaces. Ryan’s responsibilities included managing multiple disciples of
subcontractors including MEPs and finish trades and ensured coordination and compliance
with the contract documents. He also led the weekly owner and architect walks and verified
quality concerns were communicated and corrected with subcontractors.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San
Luis Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a
6.44-acre site. The facility accommodates operations, administration and maintenance
areas and includes detached enclosures on-site, including a trash enclosure and canopy over
bus parking. Work also includes off-site improvements, specifically the T-intersection for
future Elks Lane realignment.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus;
the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and
air conditioning units, aquatic center and other infrastructure and utilities technology
upgrades. Projects within this program are being delivered via multi-prime delivery
method.
California Polytechnic State University, San Luis Obispo, Neighborhood
UU - Building 65, Building 19 and Plaza Improvements, San Luis Obispo, CA:
Preconstruction services for a $30 million, 59,100 SF project consisting of renovation of
34,600 SF of space in Building 19 including complete renovation of the entire top floor,
renovation of electrical and plumbing systems (as related to the top floor scope of work) in
the bottom floor of Building 19 and the surrounding plaza area to the north of the building
as well as new landscaping and site improvements to the plaza. Work in Building 65 consists
of 24,500 SF of renovations including the Chumash Auditorium, lobby area and public areas
on that floor as well as exterior improvements at the upper level and interior circulation
spine at the lower level of the building to increase and improve student seating and study
areas.
Custom Homes, San Luis Obispo County: Carpenter and supervisor for $3 million of
custom home construction encompassing more than 25 projects. Self-preformed work
includes demolition, electrical, carpentry, finish carpentry and concrete.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX v
EDUCATION
BS, Civil Engineering, California
Polytechnic State University, San Luis
Obispo, CA
MATT HARMS
PROJECT ENGINEER
Matt is a highly skilled professional supporting project managers with one year of industry experience. He has a passion for the construction management industry and finds working in
CM strengthens his strategic and analytical skill sets. He is well-versed in the process of reviewing, issuing and processing RFIs and submittals, updating drawings and meeting minutes
and negotiating change orders with team members on all sides of the table. Matt is familiar with a variety of software including Bluebeam, Procore, BIM 360, Assemble, Revit and
AutoCAD. His recent experience includes serving as a field engineer for a $90.2 million ocean outfall booster pump rehabilitation and $6 million piping replacement.
PROJECT EXPERIENCE
Orange County Sanitation District, Ocean Outfall Booster Pump Rehabilitation,
Huntington Beach, CA: A $90.2 million, 40,000 SF ocean outfall booster pump
rehabilitation delivered via design-bid-build. The project encompassed the construction of
a new low flow outfall pump station, rehabilitation of the existing central power generation
building, rehabilitation of an effluent pump station annex and rehabilitation of the existing
electrical distribution system. Matt’s responsibilities included acquiring daily permits for
labor, analyzing budget for labor distribution reports, quality control for concrete pours,
creating purchase orders, creating and evaluating change orders, safety meeting, safety
walks, safety orientation for new employees and subcontractors, schedule meetings and
submittals.
Orange County Sanitation District, P2-123 Return Activated Sludge Piping
Replacement, Huntington Beach, CA: A $6 million, 1,400 LF project encompassing the
removal and replacement of a deteriorating return activation sludge piping, valves, valve
actuators and wiring, flexible couplings and pipe supports. In addition, the project also
included the installation of 12 new 14” isolation valves and installing new sluice gates.
Matt’s responsibilities included acquiring daily permits for labor, analyzing budget for labor
distribution reports, quality control for concrete pours, creating purchase orders, creating
and evaluating change orders, safety meeting, safety walks, safety orientation for new
employees and subcontractors, schedule meetings and submittals.
California Polytechnic State University San Luis Obispo, Highway Realignment,
San Luis Obispo, CA: Design services for highway improvements along the 101 in the
Central Coast starting south of El Campo Road near Arroyo Grande to North of Hemi
Road near Nipomo. Main goals of the project included improving safety, maintaining
overall circulation and operations of US 101, as well as emphasize sustainability. Matt’s
responsibilities included performing initial site studies, such as geotechnical site
investigation, a water runoff analysis and traffic impact study to name a few. In addition,
Matt also assisted in technical write-ups and assisted with corridor modeling design.
California Polytechnic State University San Luis Obispo, Higuera and Chorro
Street Intersection Improvement Proposal (Cal Poly Project), San Luis Obispo,
CA: For this project, Matt determined the level of service for Higuera Street and designed
an improved system layout for the intersection. The project goal was to increase safety in
all aspects, such as pedestrian and vehicular safety while decreasing congestion. Matt’s
responsibilities included analysis of Higuera and Chorro intersection in downtown San
Luis Obispo. He recorded pedestrian and vehicle volumes, crash data and traffic signal
parameters. Matt’s studies also included a traffic warrant study, traffic signal analysis,
synchro analysis, safety analysis, critical lane volume studies and intersection sight distance
analysis.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vi
EDUCATION
BS, Natural Resources Management, Cal
Poly State University, San Luis Obispo
AA, Engineering Technology, Cuesta
Community College
INDUSTRY
CERTIFICATIONS
ICC Certified Special Inspector:
Reinforced Concrete (#1025543-49)
ICC Certified Special Inspector:
Structural Masonry (#1025543-84)
ICC Certified Special Inspector:
Prestressed Concrete (#1025543-92)
ICC Certified Special Inspector:
Structural Steel, Bolting and Welding
(#1025543-S1, S2 & W)
ICC Certified Master of Special
Inspection (#1025543-MI)
ICC Certified Special Inspector: Spray
Applied Fireproofing (#1025543-86)
NICET Level III, Transportation
Engineering Technology (#86954)
AWS-CWI QCI-88 & 96, Certified
Welding Inspector (#95011151)
DSA Masonry Inspector (#5852
CHARLES ZANOLI
TESTING & INSPECTION
With over 30 years in the construction industry, Charles is a highly qualified inspector with a wealth of experience in materials testing and special inspection. Certified by numerous regulatory
agencies, he specializes in testing and inspection of reinforced concrete, pre-stressed concrete, structural masonry, asphalt concrete, bolts, spray-approved fire-proofing and soils. He has
a broad base of project experience, including numerous structures at California Polytechnic State University at San Luis Obispo, K-12 school projects throughout San Luis Obispo and Santa
Barbara counties, and public works facilities and infrastructure. Charles is certified by APWA as a public works inspector and is a ICC- certified Master Inspector, certified by ICC for inspection
of reinforced concrete, pre-stressed concrete, structural masonry, structural steel and welding, and spray-applied fire-proofing to name a few. Charles studied engineering technology and
obtained a bachelor’s degree in Natural Resource Management from California Polytechnic State University.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
Hotel San Luis Obispo (Hotel SLO), Multi-Story Hotel and Parking Structure, San
Luis Obispo, CA: Hotel San Luis Obispo is located at 955 Morro Street in downtown San Luis
Obispo. The approximately 110,000 SF structure was constructed as part of a mixed-use project
in the Chinatown District of the city. The hotel encompasses 78 rooms and suites, two on-site
restaurants, a spa, garden courtyard, pool, gym and social event/meeting spaces for up to 350
guests. The multi-story building has a subterranean parking level, accessed via a ramp from
Morro Street, that entailed cuts of up to 17 feet. It utilized a conventional reinforced concrete
slab with poured-in-place retaining and shear walls and concrete columns. The first floor was
constructed utilizing a conventionally reinforced concrete slab, while the upper floors were
supported by post-tensioned concrete slabs with wood-framed construction.
Vespera on Ocean, Pismo Beach, CA: Vespera on Ocean is a 124-room Marriott Autograph
hotel located at 147 Stimson Avenue in Pismo Beach. Earth Systems conducted a geotechnical
engineering investigation for the project, which comprises an underground parking level, a
street level concrete podium deck and three stories of stud-framed hotel rooms, and exterior
pool and recreation areas. Challenges at the beach-front site included the potential for
liquefaction and dynamic settlement, subsurface water, and shoring of excavations adjacent to
adjacent buildings and infrastructure. Development of the site involved cuts of up to 16 feet to
accommodate the subterranean parking level.
San Luis Obispo County Regional Airport Passenger Terminal, San Luis Obispo, CA:
Earth Systems provided a geotechnical engineering report, materials testing and special
inspection for the recently completed San Luis Obispo County Regional Airport passenger
terminal. At approximately 56,000 SF, the new terminal is about 45,000 SF larger than the
previous facility. The $39.5 building includes a main entry, lobby, ticketing, baggage retrieval,
rental car and security screening areas, airport administration offices, a public parking lot and
main aircraft parking lot. It is of structural steel and masonry construction with a masonry
veneer. The building is supported by conventional continuous footing foundations and concrete
slabs-on grade.
Hotel Cerro, San Luis Obispo, CA: Earth Systems prepared reports to provide geotechnical
engineering criteria for the construction of the Hotel Cerro in downtown San Luis Obispo,
California. The 65-room structure includes 65 guest rooms, restaurant space, a conference
center, a spa and a rooftop pool deck. The structure consisted of wood and steel frame and
concrete cast-in-place construction.
William and Linda Frost Center for Research and Innovation, California Polytechnic
State University at San Luis Obispo, CA: The $125 million William and Linda Frost Center
for Research and Innovation will be an interdisciplinary building that will house three colleges
– the College of Science and Mathematics, the College of Agriculture Food and Environmental
Sciences, and the College of Liberal Arts. Currently under construction, the 102,000 SF structure
will have four levels and will include a total of 20 laboratories, a technology center, studio
space, classrooms, faculty offices, and conference rooms. A new plant conservatory is planned
for the hillside overlooking the Poly Canyon Village student housing complex.
ADDITIONAL INDUSTRY CERTIFICATIONS
DSA Pneumatically Pl. Concrete (#5954)
ACI Concrete Field Testing Technician, Grade 1 (No. 00931544)
Certified Nuclear Gauge Operator
Hazardous Waste Operations and Emergency Response, 40-hour and 8-hour refresher courses
(OSHA 29 CFR 1910.120 and Title 8, CCR 5192)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vii
EDUCATION
BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo, CA
LICENSES
Professional Land Surveyor
#LS7561, CA
STEVE WEBSTER, ls
SUPERVISOR OF SURVEYING
Steve has over 38 years of surveying experience in the office and the field. As a project manager, his primary responsibility is the management of construction projects. While at RRM
Design Group, he has performed surveying services, such as construction staking and boundary and topographic surveying, for both public and private sector clients. Along with field
surveying duties, Steve prepares construction stake calculations, conducts research and analysis of boundaries, and creates boundary, topographic, and ALTA maps. He has experience
with surveying equipment such as total and robotic stations and GPS.
PROJECT EXPERIENCE
Lucia Mar Unified School District, Arroyo Grande High School Parking, Arroyo
Grande, CA: RRM provided numerous layout concepts to maximize the existing parking
layout to accommodate a bus drop-off site and separate parking for the newly constructed
Performing Arts Center. RRM reviewed existing pavement conditions (to determine areas
that needed to be overlaid versus reconstructed) and prepared final construction documents
showing re-stripping of the area, relocation of parking lot lighting, and pavement
reconditioning. The total parking lot spaces provided were 367.
California Polytechnic State University, San Luis Obispo, Parking Structure, San
Luis Obispo, CA: RRM Design Group worked with Watry Design Group to design a new
1,300 car parking structure and multi-modal facility which will serve as the first of three
planned centers of public transportation on the Cal Poly San Luis Obispo campus.
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
Arroyo Grande Hospital, Parking Lot, Arroyo Grande, CA: RRM prepared studies to
review how the parking at Arroyo Grande Community Hospital could be increased to allow
for more parking on the site. After the plan was approved, RRM prepared the construction
documents to extend the current parking areas. The construction documents consisted of
grading, layout, electrical and landscape plans.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center Parking Structure Construction Staking, San Luis Obispo,
CA: RRM implemented the design and provided construction for phasing, staging, grading,
drainage, hydrology, parking, circulation, accessibility, off-site road design, and upgrades
to existing and new utility infrastructure. Following a two-year comprehensive planning
and design study led by RRM Design Group, the San Luis Obispo City Council approved the
Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital facilities. The Plan
calls for adding a new, 4-story, 85,000 SF tower to accommodate increased healthcare
demands, replace existing aging facilities, and add a new 45,000 SF medical office building
to serve the increasing demand for medical offices in San Luis Obispo. The Plan also includes
a new five-story, 400-space parking structure and a comprehensive reorganization of the
vehicle circulation.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for the Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX viii
EDUCATION
AS, Surveying and Forest Practices,
Kings River Community College,
Reedley, CA
BRIAN HELLWIG
SUPERVISOR OF SURVEYING
With a beginning in forestry and two decades of surveying experience, Brian is an expert surveyor. Brian offers experience in boundary surveying and construction staking of various
projects such as commercial, residential, and mixed-use developments. He has experience with surveying equipment such as total and robotic stations, high-definition three-dimensional
terrestrial laser scanning, GPS, and various surveying software. Brian’s previous work ranges from the expansive Hearst Boundary survey to the beautiful downtown Big Bear Streetscape.
His open communication style ensures that all parties involved in a project are updated with up-to-date and relevant information at every intersection.
PROJECT EXPERIENCE
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for The Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
City of Pismo Beach, Pismo Beach Pier Plaza and Parking Lot Upgrade, Pismo
Beach, CA: The City of Pismo Beach hired RRM to repurpose a portion of the existing
parking lot and expanded an existing small plaza at the base of the Pismo Pier. The plaza
is connected to two separate promenade boardwalks that run parallel to the beach. The
highlight of the plaza is two concrete slides that whisk giddy beachgoers of all ages from
the plaza onto the sand 16 feet below. Improvements include accessible access to the beach,
stepped seating, reconfigured parking lot, and a newly constructed restroom building.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot,
Pismo Beach, CA: Lucia Mar Unified School District hired RRM to make several campus
upgrades at Shell Beach Elementary School. This past spring, RRM completed updates to
reconfigure the student drop-off areas and school parking lot to improve the flow of traffic.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center, Parking Structure Construction Staking, San Luis
Obispo, CA: RRM implemented the design and provided construction for phasing, staging,
grading, drainage, hydrology, parking, circulation, accessibility, off-site road design, and
upgrades to existing and new utility infrastructure. Following a two-year comprehensive
planning and design study led by RRM Design Group, the San Luis Obispo City Council
approved the Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital
facilities. The Plan calls for adding a new, 4-story, 85,000 SF tower to accommodate
increased healthcare demands, replace existing aging facilities, and add a new 45,000
SF medical office building to serve the increasing demand for medical offices in San
Luis Obispo. The Plan also includes a new five-story, 400-space parking structure and a
comprehensive reorganization of the vehicle circulation.
Edward C. Little Water Recycling Facility, Visitor Center Renovation, El Segundo,
CA: A $9.6 million renovation of the visitor center resulting in a multipurpose visitor center
that will better enable West Basin to educate guests about the District’s mission, various
water recycling treatment processes, as well as water-related issues in the region.
ADDITIONAL EXPERIENCE
`Lucia Mar Unified School District, Oceano Elementary School Infrastructure Rehabilitation,
Oceano, CA
`City of San Luis Obispo, Police Station, San Luis Obispo, CA
`City of San Luis Obispo, Public Safety Dispatch Center, San Luis Obispo, CA
`Sierra Vista Hospital Heliport, San Luis Obispo, CA
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ix
EDUCATION
MS, Botany, California State University,
Chico
BS, Ecology and Evolution, University of
California, Santa Barbara
CERTIFICATIONS/
REGISTRATIONS
Certified Ecologist, Ecological Society
of America
California Rapid Assessment Method,
CRAM.org
Wetland Delineation Training, Richard
Chinn Environmental
PERMITS
Rare, Threatened, and Endangered
Plant Voucher Collecting Permit No.
2081(a)- 16-022-V – CDFW, 2018
COLBY BOGGS
SENIOR ECOLOGIST
Colby is a Principal and Senior Ecologist with Rincon Consultants. He brings over 23 years of professional experience as a botanist, ecologist, wetlands specialist, and biological sciences
educator and researcher. His duties at Rincon include biological field surveys for special status species, habitat and plant community mapping, wetlands assessments, biological resources
analyses, construction and mitigation monitoring, conservation planning, regulatory compliance, and the preparation of biological reports, environmental documents and permit
applications in support of CEQA, NEPA, Porter-Cologne Water Quality Control Act, California Fish and Game Code, California Coastal Act, Clean Water Act, Rivers and Harbors Act of 1899,
and State and federal Endangered Species Acts.
PROJECT EXPERIENCE
County of San Luis Obispo, QA/QC Biological Resources, On-call and Planning
Consultant Services for General Cannabis Case Processing, San Luis Obispo County,
CA: Colby worked with County staff, applicants and agents to process applications for proposed
cannabis operations which included indoor and outdoor cultivation and ancillary uses such as
distribution, processing, nursery, and small-scale non-volatile manufacturing. He reviewed
submitted application materials specific to biological resources, determined application
completeness in concurrence with County staff and prepared documentation of CEQA analysis
(IS-MNDs). Recently processed cases included production of the IS-MNDs for DRC2018-00010
Greenview, LLC and DRC2019-00110 Synergy Farms – Cano.
City of Paso Robles, QA/QC Biological Resources, Olsen-South Chandler Ranch, Paso
Robles, CA: Colby provided QA/QC for the Biological Resources section of the Paso Robles
Olsen/South Chandler Ranch Specific Plan Project. The 358-acre Specific Plan area represented
a key development area for the City, identified in the General Plan Land Use Element. The
project included a specific plan, general plan amendment, zone change, multiple tentative
tract maps, an oak tree removal permit, roadway abandonments and multiple development
agreements. The EIR analysis required a hybrid of programmatic and project-specific elements
to address the long-term impacts of buildout within the specific plan area as well as specific
impacts of the proposed residential, commercial and recreational uses in the specific plan area.
City of San Luis Obispo, QA/QC Biological Resources, San Luis Ranch Specific Plan
Project EIR, San Luis Obispo County, CA: Colby provided QA/QC for the Biological Resources
section of the San Luis Ranch Project on behalf of the City of San Luis Obispo. The 131-acre
project site represented a key development area for the City, identified in the land use and
circulation element update. The proposed project included a specific plan, general plan
amendment and development plan for a 131-acre project site, including annexation of the site
into the City of San Luis Obispo. This specific plan included a mixture of residential, commercial,
office and hotel uses, with a portion of the site preserved for agriculture and open space uses.
Our EIR approach on this project was a unique hybrid of programmatic and project-specific
elements developed in close coordination with City staff to address both the specific impacts of
the proposed development and the long-term impacts of buildout within the specific plan area.
South San Luis Obispo County Sanitation District, QA/QC Biological Resources,
Wastewater Treatment Plan Redundancy Project CEQA Technical Studies, Oceano,
San Luis Obispo County, CA: Colby served as Biological Resources Technical Advisor for
this project. The South San Luis Obispo County Sanitation District Redundancy project
involves the construction and operation of backup infrastructure at the District’s wastewater
treatment facility in Oceano. In support of Clean Water State Revolving Fund and United States
Department of Agriculture funding pursuits for the project, Rincon prepared technical studies
compliant with CEQAPlus and NEPA requirements. Technical studies include an Environmental
Report for Categorical Exclusion, a Federal Clean Air Act Conformity Analysis, a Cultural
Resources Assessment, and a Biological Evaluation. Rincon is also coordinating with U.S.
Department of Agriculture staff to facilitate the environmental review process and receive a
Biological Opinion from United States Fish and Wildlife Service for impacts to California red-
legged frog.
County of Santa Barbara, QA/QC Biological Resources, Arctic Cold Agricultural
Refrigeration Facility EIR, Santa Barbara County, CA: Colby is currently providing QA/QC for
the Biological Resources section of an EIR for the proposed Arctic Cold Agricultural Refrigeration
Facility in northern Santa Barbara County. The proposed project includes a Conditional Use Permit
and Development Plan for a freezer/processor facility on a 109-acre property east of Santa Maria.
Because the property is currently used for active agricultural production with a mix of row crops,
livestock grazing, and a vegetable cooling plant that is not a part of the proposed project, and
includes abandoned petroleum wells, the environmental evaluation focuses on agricultural
resources, air quality and greenhouse gas emissions, biological resources, hazards and hazardous
materials, transportation, and utilities and service systems.
City of Santa Maria, QA/QC Biological Resources, Area 9 Specific Plan EIR, Santa
Maria, CA: Colby provided QA/QC for the Biological Resources section of the EIR for the Area 9
Specific Plan. This project incorporated a range of land use components in a 900-acre Specific
Plan area, including agricultural manufacturing, commercial manufacturing, industrial,
commercial office, community commercial, open space, and mixed-use residential.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX x
EDUCATION
MS, Biological Sciences, California
Polytechnic State University, San Luis
Obispo
BS, Ecology and Systematic Biology,
Concentration in Wildlife Biology;
California Polytechnic State University,
San Luis Obispo
MICHAEL TOM, ms
SENIOR BIOLOGIST
Michael has experience conducting general and focused surveys for a variety of plant and animal species. He is proficient in maintaining herpetology collections and providing assistance
with a number of vertebrate and invertebrate species. Michael has working knowledge and training with the fauna and flora of the Central Coast, San Joaquin Valley, and desert regions
of California. He has also received specific training in survey protocols, habitat requirements and natural histories of the California Redlegged Frog (CRLF) and desert tortoise. Michael
has assisted in special status species, general wildlife and preconstruction surveys. He has performed protocol level surveys as well as preconstruction clearance and monitoring for San
Joaquin Kit fox. He has also performed protocol level surveys for desert tortoise, blunt nosed leopard lizard and California red-legged frog and has performed preconstruction surveys for
giant garter snake, western pond turtles, coast horned lizards, western spade foot toads, and nesting birds. He has been authorized by the U.S. Fish and Wildlife Service under Biological
Opinions for projects to handle CRLF and has handled the species on those projects where they were encountered.
PROJECT EXPERIENCE
SLO Creek California Red-legged Frog Habitat Assessment, San Luis Obispo County.
San Luis Obispo County, Supply line 36-9-09 emergency repair, Los Berros Creek, CA:
Conducted preconstruction surveys and monitoring for California red-legged frog. Captured
and relocated one California red-legged frog.
Santa Barbara County, Jail Northern Branch Facility, Santa Barbara, CA: California
red-legged frog habitat assessment in Santa Barbara County.
San Luis Obispo County, Arroyo Grande Creek at Rodriguez Road Grade Stabilization
Project: Conducted preconstruction surveys and monitoring for California red-legged frog.
Santa Rosa Creek Road 7.0 Emergency Culvert Repair Project Monitoring, San Luis
Obispo County, CA: Michael conducted preconstruction surveys and monitoring for California
red-legged frog.
San Luis Obispo County, California red-legged frog focused biological monitoring
for the Arroyo Grande Creek Levee Maintenance Project, San Luis Obispo County,
CA: Biological monitoring for the Old Los Berros Culvert Repair and Duckbill Valve Replacement
project.
San Luis Obispo County, City of Arroyo Grande, CA: California red-legged frog, western
pond turtle and nesting bird preconstruction surveys for the City of Arroyo Grande.
California red-legged frog and California tiger salamander focused construction
monitoring/relocation for the Salinas Road Interchange project, Salinas, CA:
Captured and handled four California red-legged frogs under the supervision of the authorized
biologist.
San Benito County, Vallecitos Oil Field and Gas Wells, Four Focused Project
Locations: California Tiger Salamander and California Redlegged Frog Habitat Assessment.
California Academy of Sciences and California Polytechnic State University
Biological Sciences Department: Four years of reptile and amphibian husbandry
experience (including handling of snakes, frogs, turtles, salamanders and lizards) combined
from the California Academy of Sciences and California Polytechnic State University Biological
Sciences Department.
PROJECT AUTHORIZATIONS
`California red-legged frog handling and relocation authorization, Los Osos Valley Road
Interchange Project, BO (1- 8-08-F-27)
`California red-legged frog handling and relocation authorization, Supply line 36-9-09
emergency repair, Los Berros Creek. Authorization under RGP 63 through Emergency
Section 7 Consultation with the USFWS.
`USFWS California red-legged frog handling authorization (Under supervision), Rodriguez
Waterline Stabilization Project. BO 8-8-12-F-17
`NMFS steelhead monitoring authorization under the supervision of lead fisheries biologist
Don Alley, Heritage Ranch Community Services District Gallery Well Repair Project. BO
151422SWR03SR8572
`USFWS California red-legged frog, San Joaquin kit fox and California condor monitoring
authorization, Heritage Ranch Community Services District Gallery Well Repair Project.
`USFWS California red-legged frog handling authorization (Under supervision), Salinas
Road Interchange Project. BO 8-8-09-F-65R
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xi
EDUCATION
BS, Forestry and Natural Resources,
Concentration in Wildlife Biology,
California Polytechnic State University,
San Luis Obispo
CERTIFICATIONS/
REGISTRATIONS
International Society of Arboriculture
Certified Arborist WE-12031A
USFS and CPUC approved Botanist,
Avian Biologist, and Bat Biologist
Department of Pesticide Regulation
Qualified Applicators License Category
E (Forest and Right-of-Way) License
#151384
Certified Recycled Water Site Supervisor
#5770
Professional Association of Diving
Instructors Certified Open Water Diver
CPR/First Aid Certified
CASEY CLARK
BIOLOGIST/ARBORIST/PROJECT MANAGER
Casey serves as a biologist, arborist and project manager under Rincon’s Natural Resources group. He is a personable, creative, and multifaceted California based biologist with an
expertise in botany and plant ecology. His responsibilities include leading and managing a variety of natural resources projects involving habitat suitability assessments, special-status
species surveys, habitat restoration success criteria monitoring, vegetation community classification and mapping, noxious weed surveys and risk assessments, jurisdictional delineations,
resource constraints analyses and arboricultural assessments. Mr. Clark has prepared extensive biological resources technical reports in support of the California Environmental Quality
Act and the National Environmental Policy Act. He has six years of experience in the environmental consulting industry and graduated cum laude from Cal Poly San Luis Obispo with a
Bachelor of Science in Forestry and Natural Resources where the focus of his coursework was in botany, wildlife biology, ecology, and resource conservation.
PROJECT EXPERIENCE
East Bay Municipal Utilities District, Quarry Site Restoration Project, Oakland, CA:
As Lead Biologist and Project Manager Casey prepared a competitive proposal that secured a
contract that contained rare plant surveys, a wetland delineation survey, and an arborist survey
for a potential East Bay Municipal Utilities District restoration project within an abandoned
60- acre quarry site outside of San Leandro, California. Casey lead the arborist surveys and
prepared a comprehensive Arborist Condition Report. He performed background research for
potential rare plants within the quarry site and managed the successful execution and delivery
of the Wetland Delineation Report. He served as the primary client-facing biologist managing
all aspects of the project, including budget, deliverable preparation and staff. The project was
successfully completed within budget.
Liberty Utilities, 650 Line Rebuild Project, Truckee, CA: Casey served as lead biologist
managing all project-related botanical tasks. He led full floristic field surveys, including
assessments for noxious weeds and rare plants and performed restoration success criteria
monitoring for the rebuild of approximately nine miles of power line reconstruction within the
Tahoe National Forest between the north shore of Lake Tahoe and Truckee, California. He also
prepared a comprehensive Botanical Resources Technical Report, Rare Plant Survey report, and
Invasive Plant Risk Assessment Report in cooperation with project mitigation measures. Casey
also utilized the data collected from bat roost habitat assessments and emergence reports to
prepare a Bat Emergence Survey Report.
San Diego Gas & Electric Company, Del Mar Reconfiguration Project, San Diego
County, CA: Lead project biologist managing all botanical tasks for the reconfiguration of an
existing 69 kilovolt power line, removal of an existing 69 kilovolt power line and conversion
of portions of existing 12 kilovolt distribution lines from an overhead to underground
configuration in San Diego County. Lead rare plant surveys and prepared a report documenting
over 25 species of special-status plants. Casey conducted and prepared preconstruction
surveys and reports, baseline restoration monitoring surveys and reports, monarch butterfly
monitoring, focused coastal California gnatcatcher surveys, nesting bird surveys and reports,
and conducted habitat assessments and emergence surveys for potential bat roosts.
Southern California Gas Company, Confidential Project, Various Counties/Cities,
Southern California: Lead surveys and prepared a Biological Resources Technical Report
in compliance with CEQA that identified existing or potential sensitive natural vegetation
communities, potentially jurisdictional aquatic features, and special-status plant and animal
species and their associated habitat for the installation of a proposed 30-inch diameter natural
gas pipeline beneath the Colorado River and the removal of the existing 30-inch-diameter
natural gas pipeline and it’s supporting suspension bridge over the river, extending southeast
from the community of Ehrenberg in Arizona into the City of Blythe in California. Assisted a
permitted biologist in focused western yellow-billed cuckoo and southwestern willow surveys
and report creation for client and agency submittal.
Southwest Gas Company, Helendale Hawes Line High-Pressure Main Replacement
Project, Various Counties/Cities Southern California: Casey lead surveys and prepared
a Biological Resources Technical Report in compliance with CEQA that identified existing or
potential sensitive natural vegetation communities, potentially jurisdictional aquatic features,
and special-status plant and animal species and their associated habitat. The project involved
the replacement of approximately 12 miles of 30-inch diameter natural gas pipeline traveling
immediately adjacent to the Mojave River in Helendale, California.
East Bay Municipal Utilities District, Walnut Creek Water Treatment Plant
Pretreatment Upgrades Project, Walnut Creek, CA: As Arborist and Project Manager,
Casey prepared a competitive proposal successfully securing a contract containing an arborist
survey for the 13.5 acre Walnut Creek Water Treatment Plant Upgrade Project in Walnut
Creek, California. Lead the arborist surveys and prepared a comprehensive Arborist Condition
Report, which made tree protection and removal recommendations based off protected tree
classifications, health condition and potential construction impact designations. As the primary
client facing biologist managing all aspects of the project, including budget, deliverable
preparation, and staff. Successful executive of the project granted additional arborist work at
the Lafayette Water Treatment facility in Lafayette, California.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xii
EDUCATION
MA, Anthropology, Northern Arizona
University
BS, Anthropology-Cultural Resources
Management California State
Polytechnic University, Pomona
CERTIFICATIONS/
REGISTRATIONS
Registered Professional Archaeologist
#415730, CA
AFFILIATIONS
Section 106 Compliance
Advanced Section 106
Society for American Archaeology
Society for CA Archeology
CHRISTOPHER DURAN, rpa
SENIOR ARCHAEOLOGIST
Christopher Duran is a Principal and Senior Archaeologist at Rincon Consultants, Inc. He brings more than a decade of professional experience in cultural resources management
and exceeds the SOI’s Professional Qualification Standards. In addition, he has worked throughout California for various federal, state, and local agencies and has worked on several
projects for private sector clients including developers and utility companies. Christopher has worked on hundreds of projects managing several millions of dollars in cultural resources
investigations. He is an expert in cultural resources management and has worked on projects in compliance Sections 106 and 110 of the National Historic Preservation Act (NHPA), the
National Environmental Policy Act (NEPA), and the California Environmental Quality Act (CEQA) as they pertain to cultural resources.
PROJECT EXPERIENCE
Watt Communities, LLC., Braverman Drive Tentative Map Project Phase II and III
Cultural Resources Investigations, City of Santee, CA: As Project Manager/Principal
Investigator, Christopher managed Phase II test investigations and managed field personnel
and reporting during the site evaluation phase of a residential development project in Santee
that includes one significant prehistoric site, CA-SDI-5669. Evaluation determined that CA-
SDI-5669 is eligible for listing in the California Register of Historical Resources and required
mitigation prior to ground disturbance related to construction of the development. Christopher
prepared and executed a Data Recovery Plan and Research Design to mitigate the site.
Santa Barbara County, Hollister Avenue Road Widening Project Cultural Resources
Investigation, Cities of Goleta and Santa Barbara, CA: The project included the
survey and documentation of a roadway interchange. Christopher led the field survey effort,
document production and recommendations for the project.
Southern California Gas Company, On-Call Cultural Resource Studies for Southern
California Gas Company, Southern California: As Principal Investigator/Project Manager,
Christopher prepared scopes of work, cost estimates and requests for service for archaeological
studies throughout Southern California Gas Company’s (SoCalGas) jurisdiction. To date, studies
managed for SoCalGas include emergency monitoring projects on Bureau of Land Management
(BLM) lands during evaluation of the integrity of Lines 2000 and 3000 that required
coordination between SoCalGas, BLM and a qualified subcontractor that performed the work.
Additional undertakings performed under this contract include monitoring at Mission Santa
Barbara, survey of two deep well anodes in the Mojave Desert, archaeological monitoring
during wetland delineation on Burton Mesa (Santa Barbara County), and monitoring during
pipeline installation for the Goleta Storage Project. Christopher also managed subcontractor
performance, tracked and managed invoicing, reviewed project deliverables and scheduled
qualified staff to perform the work.
Naval Facilities Engineering Command, Stuart Mesa West Phase II Archaeological
Investigation, Camp Pendleton, San Diego County, CA: As Field Director, Christopher
managed field crews, conducting test excavations, reporting and collections management.
Narven Enterprises, Archaeological Testing at 1441-1447 Sixth Avenue, San Diego,
CA: As Principal Investigator/Project Manager, Christopher coordinated the reparation and
implementation of an archaeological testing plan (ATP) for potential subsurface deposits
on a proposed redevelopment site in downtown San Diego. He reviewed and approved ATP
prior to submission to the client. The ATP was based upon the results of reviewing Sanborn
Fire Insurance maps dating to the turn of the nineteenth century that documented previous
development on the property. Christopher served as on-call Principal Investigator during
mechanical excavations on the property, the results of which were negative.
Bureau of Indian Affairs, Ewiiaapaayp Reservation Road Construction Cultural
Resources Inventory, Ewiiaapaayp Indian Reservation, San Diego County, CA: As
Project Manager/Principal Investigator, Christopher managed field crews, budgeting, and
maintained contact and coordination with the primary contractor, Bureau of Indian Affairs and
Tribal Government.
Bureau of Indian Affairs, La Posta Reservation Road Construction Cultural Resources
Inventory, La Posta Indian Reservation, San Diego County, CA: As Project Manager/
Principal Investigator, Christopher managed field crews, budgeting, and maintaining contact
and coordination with primary contractor, Bureau of Indian Affairs and Tribal Government.
Bureau of Indian Affairs, Santa Ysabel Reservation Road Reconstruction Cultural
Resources Inventory, Santa Ysabel Reservation, San Diego County, CA: As Project
Manager/Principal Investigator, Christopher prepared technical documents and provided
agency consultation.
Bureau of Land Management, Palm Springs South Coast Field Office, Canyon Lake
Fuels Reduction Cultural Resources Inventory Project, Riverside County, CA: As
Project Manager/Principal Investigator, Christopher managed fieldwork, field crew, scheduling,
budgeting, preparing the technical report and maintained client contact.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiii
EDUCATION
MA, Public Archaeology, California State
University Northridge
BS, Anthropology – Emphasis in
Physical Anthropology, University of
California, Santa Barbara
AFFILIATIONS
Register of Professional Archaeologists
Member
Society for California Archaeology
Member
Society for American Archaeology
Member
DUSTIN MERRICK, rpa
ARCHAEOLOGIST/PROJECT MANAGER
Dustin is an Archaeologist with Rincon Consultants, Inc. He has extensive experience with pedestrian survey, archaeological excavations, monitoring, site mapping, and site recordation.
Dustin also has experience managing projects throughout the Central Coast. He has worked with both prehistoric and historic archaeology throughout the Central Coast and Mojave
Desert areas as well as the Channel Islands. He is experienced in protecting and managing cultural resources and specializes in osteological, faunal, and paleoethnobotanical analyses,
specializing in prehistoric coastal and near-shore island environments.
PROJECT EXPERIENCE
Water Resource Recovery Facility Project, San Luis Obispo, CA: Dustin managed
archaeological and paleontological resource monitoring and directed all fieldwork associated
with the project. In addition, he worked directly with the City of San Luis Obispo and Native
American monitor for the reinternment of cultural materials.
Pacific Gas and Electric Cambria Access Road Maintenance Project, San Luis Obispo
County, CA: Dustin was field lead for the survey within United States Forest Service lands and
was the primary author of the technical cultural resource constraints report.
Pacific Gas and Electric Tassajara Road Maintenance Project, San Luis Obispo County,
CA: Dustin was field lead for the survey within United States Forest Service lands, coordinated
with the Native American Heritage Commission and local tribe members and was the primary
author of the technical cultural resource constraints report.
Central Coast Blue Test Injection Well Extended Phase I Study, City of Pismo
Beach, CA: Dustin managed all cultural resources components including survey, testing and
monitoring and was the lead author on the cultural resources study.
Cathodic Anode Well Project, Santa Barbara County, CA: Dustin was the field lead for
the survey within Bureau of Land Management lands, coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
report.
Organic Liberty Cultivation Project, Santa Barbara County, CA: Dustin was field lead
for the survey, coordinated with the Native American Heritage Commission and local tribe
members and was the primary author of the technical report. In addition, he was the lead for
the cultural resources and tribal cultural resources section in the environmental impact report.
Pacific Gas and Electric Vandenberg-Divide Project, Santa Barbara County, CA: Dustin
was field lead for the survey within Vandenberg Airforce Base lands and was the primary
author of the technical cultural resource constraints report.
Pacific Gas and Electric Gates Tulare Project, Tulare County, CA: Dustin was field
lead for the survey within Bureau of Land Management lands, coordinated with the Native
American Heritage Commission and local tribe members and was the primary author of the
technical cultural resource constraints report.
California High Speed Rail, Madera County, CA: Dustin was field lead for multiple
monitoring and survey efforts, coordinated with the local tribe members and was the primary
author of multiple technical cultural resource reports.
Rexford Solar project, Tulare County, CA: Dustin coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
cultural resource report. In addition, he was the project manager for the project and assisted
the survey effort.
Bellefield Solar, Mojave, CA: Dustin led the survey and is the project manager for the Phase
II testing. In Addition, Mr. Merrick coordinated with the Native American Heritage Commission
and local tribe members and was the primary author of the technical cultural resource report.
Aratina Solar Project, Mojave, CA: Dustin participated in the survey, coordinated with the
Native American Heritage Commission and local tribe members and was the primary author of
the technical report.
APN 038-260-049 Phase I Cultural Resources Study Project, Kings County, CA: Dustin
conducted a pedestrian survey of the property directly west and south of the Avenal Animal
Shelter, conducted Native American outreach and co-authored the technical report.
Solar Cultural Resources Investigation, Kern County, CA: Dustin served as a crew
member for the pedestrian survey and recorded prehistoric and historic sites using ArcPad GIS
software.
Cave Valley School Extended Phase I Study, Cool, CA: Dustin led the extended Phase I
excavation and was the lead author on the cultural resources study.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiv
EDUCATION
BA, Anthropology, San Diego State
University, San Diego, California
Minor, Geology, San Diego State
University, San Diego, California
JENNIFER DICENZO
PALEONTOLOGICAL PROGRAM MANAGER
Jennifer has over 10 years of fieldwork and consulting experience in California paleontology and archaeology. She received her BA degree in anthropology with a focus in archaeology and
a minor in geology with a focus on paleontology, at San Diego State University in 2012. She has made substantial contributions supervising field staff, surveying, construction mitigation
monitoring, data recovery, fossil salvage, laboratory fossil preparation, writing technical assessments, developing, and administering monitoring and mitigation plans, report writing,
managing projects, business development and graphic design. Jennifer has coordinated compliance monitoring on a range of projects including renewable energy, transmission lines,
housing and commercial developments, transportation and utility. She has written and supervised the preparation of numerous technical documents including paleontological resources
assessments and technical reports, impact analyses, paleontological mitigation and monitoring plans, paleontological section of if environmental impact reports, environmental
assessment reports, initial studies for mitigated negative declarations, paleontological monitoring reports and paleontological survey reports.
PROJECT EXPERIENCE
County of San Luis Obispo, San Luis Obispo County Paso Basin Land Use
Management Area Planting Ordinance Program Environmental Impact Report, San
Luis Obispo County, CA: As Senior Paleontologist/Project Manager, Jennifer was responsible
for overseeing the paleontological study for incorporation into the Program Environmental
Impact Report. The study included reviewing existing literature and geological mapping to
provide a paleontological resources assessment and sensitivity analysis and provided measures
to mitigate impacts to fossil resources.
City of San Luis Obispo, Utilities Department –Water Resource Recovery Facility
Project, San Luis Obispo County, CA: As Senior Paleontologist, Jennifer was responsible
for providing oversight and coordination of paleontological fieldwork for this ongoing mass
excavation into Quaternary older alluvial deposits.
Southern California Edison – Valle Substation Project, Ventura County, CA: As
Senior Paleontologist/Project Manager, Jennifer was responsible for providing oversight and
coordination of all fieldwork and prepared a summary of findings for a paleontological survey
of a proposed utility improvements project.
City of Port Hueneme –Bubbling Springs Routine Maintenance Agreement Project,
Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer oversaw a
paleontological initial study to be incorporated into the mitigated negative declaration for the
project. The study included reviewing existing literature and geological mapping to provide
a paleontological resources assessment and sensitivity analysis and provided measures to
mitigate impacts to fossil resources.
Caltrans District 8 – French Valley Parkway/I-15 Project, Riverside County, CA: As
Paleontologist, Jennifer was one of two paleontologists responsible for surveying, planning,
construction mitigation monitoring and writing the paleontological technical sections of the
final survey and monitoring reports of results of excavations into the highly sensitive Pauba
Formation in a complex area of the project requiring work on a busy freeway and city streets.
Casitas Municipal Water District – Ventura-Santa Barbara Intertie Project,
Ventura County, CA: As Senior/Project Manager, Jennifer was responsible for managing
paleontological consulting, monitoring, and reporting for several ongoing projects related the
Ventura-Santa Barbara Intertie Project. Jennifer supervised and coordinated paleontological
field personnel and provides guidance related to handling of paleontological resource localities
during excavations into multiple geologic units with a range of sensitivity.
Santa Clarita Valley Water Agency, South Wells PFAS Groundwater Treatment
Facility Project, Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer
oversaw a paleontological initial study to be incorporated into the mitigated negative
declaration for the project. The study included reviewing of existing literature and geological
mapping to provide a paleontological resources assessment and sensitivity ratings and
provided measures to mitigate impacts to fossil resources during construction of a proposed
per- and polyfluoroalkyl substances treatment facility.
Southern California Edison – Valley South Subtransmission Line Project, Riverside
County, CA: As Senior Paleontologist, Jennifer was responsible for leading a crew of 8+ team
members through 17 miles of a future linear transmission line. All survey work was incorporated
into the Proponents Environmental Assessment (PEA) for Southern California Edison. This
included proper BLM authorization and permitting to conduct surveying and a research design
for field reconnaissance related to the PEA, EIS/EIR documentation for the transmission line.
Greystar/City of San Diego – Sixth and Olive Project, San Diego County, CA: As Project
Manager/Senior Paleontologist, Jennifer was responsible for recovering 70 fossil specimens
from 9 localities. She drafted the budget, prepared the proposal, attended preconstruction
meetings with City of San Diego, provided record search and literature review results, then
applied cross trained archaeological and paleontological field and technical support during the
project, provided project management/scheduling, salvaged fossil specimens, prepared fossil
specimens in the laboratory, curated the fossil collection, and wrote the final paleontological
monitoring report for a mass excavation 70+ feet into San Diego Formation near Balboa Park
in eastern Downtown San Diego.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xv
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
Randy has over 38 years of experience in the construction industry involving the
management of multi-million dollar projects for public and private sector clients.
He has specialized in a variety of project types including parking structures, civic/
municipal, healthcare, corrections and education. Randy is an effective leader who
believes trust, efficient conflict resolution, commitment, personal accountability and a
goal-oriented approach are keys to a happy team and a successful project.
EDUCATION
BS, Construction Management,
Colorado State University
LICENSES & CERTIFICATIONS
General Building Contractor B License #816632, CA
LEED Accredited Professional; Assoc. Design-Build Prof.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential Community, San Luis
Obispo, CA: A $204 million, 562,446 SF design-build project featuring eight structures with four and five levels
above grade. The project featured single, double and quad units totaling 1,475 beds for first year students and an
associated parking structure totaling 154,363 SF and over 480 stalls.
Madera County Government Center, Madera, CA: A new $40 million, four-story, 131,000 SF administration
building consisting of office space for county officials, customer service areas, board chambers as well as various
conference and meeting rooms. The project also includes a new 400-car parking structure.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis Obispo, CA: A new $17.5
million (construction cost), 28,650 SF, single story bus maintenance facility with over 2,600 SF of mezzanine/
equipment platform located on a 6.44-acre site. The facility accommodates operations, administration and
maintenance areas and includes detached enclosures on-site, including a trash enclosure and canopy over bus
parking. Work also includes off-site improvements, specifically the T-intersection for future Elks Lane realignment.
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at the
Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
MATT CHAPPELL, eit, cep
Estimating Manager
Matt has more than 26 years of experience in private and public construction and design.
His experience includes project management, agency/contractor coordination, scheduling
and project budgets, utility construction and estimating on multiple municipal and
education projects. As a Certified Estimating Professional (CEP) by the Association for the
Advancement of Cost Engineering (AACE), Matt exemplifies the well-rounded construction
estimating professional.
EDUCATION
BS, Civil Engineering, University of Nebraska
LICENSES & CERTIFICATIONS
Engineer in Training #EI-7956, NB
Certified Estimating Professional #130-10
PROJECT EXPERIENCE
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A new $16 million, 31,000
SF, two-story office building featuring office space for county probation staff, interview rooms, training, conference
and evidence rooms, armory, secured sallyport, break rooms, locker and changing rooms, restrooms with showers, a
public lobby, parking as well as an emergency generator.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well as
intersection improvements at Arizona Avenue and Chicago Street.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA: A new
$1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to 11-story office
buildings with two multi-floor podiums at the base for the towers. Site improvements include a seven-level parking
garage with 1,294 spaces and an additional 318 surface parking spaces.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance and
operations facilities with a new bus maintenance building, operations building and an administrative office facility,
along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work includes
renovation of the existing building. The facility houses twelve additional executive offices and a new Board Room for
Butte County Association of Governments official board meetings.
AS-NEEDED IN-HOUSE SUPPORT SERVICES
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xvi
RICK STASSI
Scheduling Manager
Rick has over 45 years of technical and analytical industry scheduling experience, with
a diverse career in the engineering and project management fields. His experience
encompasses project controls, engineering support, customer service and information
technology support as well as scheduling, with excellent interpersonal and team building
skills. Rick is familiar with a wide range of systems and software including Procore, MS Project, Power BI, Primavera,
Prolog and AutoCAD. His experience includes high volume projects across several industries including water/
wastewater, aviation, civic/municipal, commercial and transportation.
EDUCATION
Coursework, Engineering, Sacramento City College
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, Vista Grande Dining Facility, San Luis
Obispo, CA: A new $39.8 million, 35,000 SF, three-story dining complex facility which replaces a 43-year
old facility. The new complex, which is double the size of the old facility, features six micro-restaurants with
exhibition-style cooking as well as increased seating and lounge space encompassed in a modern LEED Gold
certified building.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at
the Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating
and air conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA:
A new $1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to
11-story office buildings with two multi-floor podiums at the base for the towers. Site improvements include a
seven-level parking garage with 1,294 spaces and an additional 318 surface parking spaces.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has
a three level parking structure and a two-story office portion above the parking garage. This project is designed
to achieve LEED Gold certification.
Atascadero Unified School District, Measure I-10 & B-14 Bond Program, Atascadero, CA: A $126.2
million bond program providing expansion of vocational education programs and facilities, computer and
technology upgrades and construction of a new science, technology, engineering and math facility at the high
school as well as a new administration/classroom building at the middle school.
HEATHER BROWN, pe, cpmp, leed ap
Engineering & Architectural Services Director
Heather brings more than 27 years of experience in the construction industry, where she
has worked on a wide variety of public, higher education and commercial facilities. Her
experience includes project management, mechanical and plumbing design, assessing
and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD
drawings. Heather is responsible for the management of engineers and architects working with code, access
compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies,
specifications development, needs assessments, master planning studies, facility assessments and construction
inspections.
EDUCATION
MBA, Finance, California State University Sacramento
BS, Mechanical Engineering, University of Portland,
Oregon
LICENSES & CERTIFICATIONS
Mechanical Engineer #M31667, CA
LEED Accredited Professional
Commissioning Process Management Professional
PROJECT EXPERIENCE
San Luis Obispo Community College District, Photovoltaic Feasibility Study - Main and North Campus,
San Luis Obispo, CA: Kitchell performed a study exploring the feasibility of installing on-site solar photovoltaic
systems at Cuesta College’s Main and North Campus. The report investigated the electrical demand of the
campuses over the pre-pandemic fully operating time frame of 2018-2020, the existing electrical site conditions,
and civil infrastructure to determine the feasibility of installing an on-site solar photovoltaic system.
Civic Park Condominiums, Cupertino, CA: Mechanical Engineer for this 132,000 SF, 4-story mixed development
with 80 condominium units and 20,000 SF of retail and office space. The project also included a 120,000 SF, 3-level
parking garage.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has a
three level parking structure and a two-story office portion above the parking garage. This project is designed to
achieve LEED Gold certification.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well
as intersection improvements at Arizona Avenue and Chicago Street.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance
and operations facilities with a new bus maintenance building, operations building and an administrative office
facility, along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work
includes renovation of the existing building. The facility houses twelve additional executive offices and a new
Board Room for Butte County Association of Governments official board meetings.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 Marsh Street, Suite 150
San Luis Obispo, CA 93401
www.kitchell.com
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT C
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 1
Fee Proposal Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Compensation for Services
Kitchell’s philosophy for determining our compensation for services is driven by matching value to cost. In other
words, we strive to provide the most appropriate complement of services and delivery methods to meet your
objectives. Our primary goal is to align our understanding of the project success factors with your expectations.
Our approach can be best described as “bottom-up-planning,” where we define the tasks to be performed, produce
a detailed scope of services, identify staff that will implement the tasks, calculate the staff time requirement for
each task and determine the resulting compensation. We believe this method provides you with the most cost-
effective fee for the services provided.
Typically, we prefer to be compensated on a lump sum fixed fee basis derived by using the approach just described.
This arrangement eliminates the perception that the construction manager would benefit financially from
construction cost overruns and change orders. We do not make it a practice to request changes to our contract for
minor scope changes, or for major scope changes which can be managed within our established staffing plan and
schedule.
Billing amounts are determined using the method most appropriate to match the cost of carrying out our services.
We are accustomed to billing using various compensation methods, which include: a fixed billing schedule,
percentage of project/contract completion, and predetermined hourly rates, among other methods. Kitchell has
worked under many different compensation methods and is flexible in meeting your preferences.
Reimbursable Expenses
Reimbursable expenses are those customary and reasonable costs associated with carrying out our Construction
Management services and includes subconsultant invoices, Resident Engineer’s travel, printing, postage, and a
copier/scanner for the job site office. We will charge only actual costs plus 10% to cover invoice processing and
insurance. We understand the Phase 2 construction contract will include provisions for the contractor to provide an
office space and a conference room for the construction management team including electricity, phone, internet,
water, and sanitation services. Preconstruction services and Phase 1B construction services will be managed from
our San Luis Obispo Office.
Proposed Fees
Phase 1B and Phase 2 fees are summarized below and broken down in detail by task and staff billing rates with
estimated hours in the succeeding table. Subconsultant fees are identified within their respective tasks and
include Kitchell’s mark-up on their fees. Our fee is based upon utilizing a full-time Project Inspector provided by
Earth Systems. This position may not be redundant with City inspection, and if eliminated, would render $852,720
savings. Refer to the attached subconsultant fee proposal for further information regarding assumptions each firm
used in deriving their fees. Rincon’s fees are for basic services. Their fee proposal also includes optional services the
City may wish to consider.
Our fees are based upon the scope of services described in Appendix A of the RFP and the following durations:
Preconstruction services, 3-4 months from commencement of services to start of Phase 1B construction; Phase
1B, 6 months construction with post-construction concurrent with Phase 2 construction; Phase 2, 23 months
construction in sequence with Phase 1B construction followed by 3 months for post-construction.
Please see the following page for details.
Task Phase 1B Phase B
Task 1: Preconstruction Services $41,750 $22,500
Task 2: Construction Services $584,580 $2,788,440
Task 3: Geotechnical & Materials Testing & Specialty Inspection $111,553 $469,975
Task 4: Surveying $3,960 $19,800
Task 5: Construction Environmental Mitigation & Monitoring $29,638 $28,679
Task 6: Post-Construction Services $12,200 $126,500
Grand Totals:$783,681 $3,455,894
EXHIBIT C
REVISED 11.9.2022
$3,436,094
$405,060
$600,201
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
Description
Rate/
Unit Price
Phase 1B Phase 2
Hrs/Units Amount Hrs/Units Amount
Task 1: Preconstruction Services
Project Director $230 12 $2,760 2 $460
Resident Engineer $220 76 $16,720 40 $8,800
Assistant Resident Engineer/Sr. PM $205 76 $15,580 40 $8,200
Sr. Scheduler $180 20 $3,600 16 $2,880
Sr. Estimator $180 8 $1,440 12 $2,160
Reimbursable Expenses Allowance -$1,650 -$0
Task 2: Construction Services
Project Director $230 48 $11,040 184 $42,320
Resident Engineer $220 96 $21,120 736 $161,920
Assistant Resident Engineer/Sr. PM $205 920 $186,600 3,680 $754,400
Quality Assurance Manager $170 960 $163,200 3,660 $622,200
Project Engineer ---3,600 $396,000
Project Inspector (By Earth Systems)$187 960 $179,520 3,600 $673,200
Sr. Scheduler $180 72 $12,960 300 $54,000
Sr. Estimator ---200 $36,000
Reimbursable Expenses Allowance -$8,140 -$48,400
Task 3: Geotechnical and Materials Testing and Specialty Inspection (Performed by Earth Systems)
Earth Systems’ Fee with Kitchell
Mark-up Quotation -$111,553 -$469,975
Task 4: Surveying (Performed by RRM)
RRM’s Fee with Kitchell Mark-Up Quotation -$3,960 -$19,800
Task 5: Construction Environmental Mitigation and Monitoring (Performed by Rincon)
Rincon’s Fee with Kitchell Mark-Up Quotation -$29,638 -$28,679
Task 6: Post-Construction Services
Project Director ---24 $5,520
Resident Engineer ---24 $5,280
Assistant Resident Engineer/Sr. PM ---96 $19,680
Quality Assurance Manager $170 20 $3,400 240 $40,800
Project Engineer $110 80 $8,800 480 $52,800
Reimbursable Expenses Allowance -$0 -$2,420
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 3
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 2
Scope of Work
Phase 1B
Task 1 Project Initiation and Project Management
This task includes project management, client coordination, quality assurance/quality control, and
administration needed to prepare and execute the mitigation and monitoring plan for the project. The
Rincon Principal and/or Project Manager will participate in one (1) project kickoff call with Kitchell and
City staff. As part of this task, Rincon will undertake ongoing environmental compliance coordination
with Kitchell and the City, review the overall project schedule, and establish a communication protocol
to coordinate project changes or other issues that may arise throughout the duration of Phase 1B and
Phase 2 construction activities. The project management task will also focus on maintenance of the
project schedule.
Rincon will manage the project team associated with environmental compliance activities including any
optional tasks (if necessary), on-site monitoring, and reporting; coordinate the environmental review
process schedule; and provide project updates for the environmental compliance. Rincon’s principal in
charge and/or project manager will review and comment on the meeting minutes project status and
budget updates. In addition to the kickoff meeting, Rincon proposes to attend up to six (6) coordination
meetings with Kitchell and City staff, if applicable.
Task 2 Nesting Bird Surveys and Reporting
As outlined in the Plan, project activities that occur during the nesting bird season (February 1 through
August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more than
three days prior to the initiation of ground disturbance and/or vegetation removal activities.
A qualified Rincon biologist will conduct a nesting bird survey within three days prior to ground
disturbing and/or vegetation removal activities for Phase 1B and Phase 2 as two separate surveys based
on our understanding of the timing for each of these phases (see task 7). The nesting bird surveys will be
conducted within the project boundary plus a 500-foot buffer for raptors and within the project area
plus a 300-foot buffer for all other bird species where safely and legally accessible. The surveys will be
conducted on foot within all accessible areas. Binoculars will be used for all inaccessible areas (e.g.,
private lands).
This scope of work and associated cost assumes an individual nesting bird survey and report will be
required for each of two phases: Phase 1B and Phase 2. Each nesting bird survey can be completed by
one biologist in a single 4-hour day. If active an active nest(s) is found during a given survey, additional
field time will be required to complete the survey (i.e., observation and documentation time necessary
to assess nesting status such as clutch size and egg/fledging presence) and will be included as an
amendment. If either of the project’s phases are to occur outside of the nesting bird season, a nesting
bird survey and report will not be prepared for that phase.
Upon completion of each nesting bird survey, Rincon will prepare a brief letter report that includes the
purpose, methodology, and results. If active nests are found, a figure depicting the nest(s) location will
be prepared. The reports will include a recommended avoidance buffer and monitoring period if an
active nest is found within the survey area. Since the number of nests that may be identified is
unknown, our cost does not include installing nest buffer(s), additional coordination, or monitoring the
Rincon Consulting
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 3
active nest(s). If required, these monitoring tasks will be included as an additional scope of work to be
authorized by the City prior to completion. The cost for this task assumes the draft letter reports will be
submitted electronically for client review. Response to comments with up to two hours of staff time for
each report is included. The final drafts will be compiled and submitted electronically.
Task 3 Archaeological Construction Monitoring and Reporting for Phase 1B
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 1B
activities. Additionally, a qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior’s Professional Qualifications Standard for archeology, shall be retained to
oversee all mitigation measures related to archaeological resources, outlined in the following tasks.
Task 3.1 Project Kickoff and WEAP Training
Prior to the start of construction, Rincon will prepare a WEAP training program. The training will be
presented to all on-site personnel and will include a briefing regarding the types of archaeological
resources and/or fossils that could be found in the project area and the procedures to follow should
archaeological or paleontological resources be encountered. The training will also include a discussion of
applicable laws and penalties for removal or disturbance of archaeological or paleontological materials
found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be accomplished at the pre-construction kick-off meeting and will be conducted by the
Qualified Archaeologist, Qualified Paleontologist, or their designated representative(s).
Task 3.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 1B of the project. The monitor shall be on-site on a full-time basis
during initial earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the City, monitoring
may be reduced or eliminated based on observed conditions. The qualified archaeologist will observe
soil disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources
are encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the
event resources potentially significant under CEQA are encountered, further investigation beyond the
scope of work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 4
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 4 Paleontological Construction Monitoring for Phase 1B
Task 4.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Optional Task 5 Historic American Building Survey Documentation
Phase 1B and 2 are subject to the requirements of MMRP Measure CR-1 outlined in the Final EIR MMRP,
which requires historic American building survey documentation prior to construction. If authorized,
Rincon will prepare the required Historic American Building Survey (HABS)-level III documentation of
two buildings, 610 and 614 Monterey Street prior to initiation of Phase 1B and Phase 2 construction
activities.
For this effort, Rincon’s project team will be led by Architectural History Project Manager JulieAnn
Murphy with oversight provided by Architectural History Principal Shannon Carmack. Both Ms. Murphy
and Ms. Carmack meet and exceed the Secretary of Interior’s Professional Qualification Standards (PQS)
for History and Architectural History (36 CFR, Part 61). Additionally, they have prepared several HABS-
like documentation packages for buildings and structures located throughout California.
Photographs
A Rincon Architectural Historian meeting the PQS Standards will conduct site visits to 610 Monterey
Street and 614 Monterey Street. The purpose of the site visit will be to photograph the buildings.
Photographs will be taken using a professional-quality single lens reflex digital camera. Large-format
photographs and site drawings/plans will not be included as a component of the HABS package; either
can be provided but would require a contract amendment. Images captured will include context views,
elevations/exteriors, architectural details, overall interiors, and interior details (if warranted). A
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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maximum of 30 views of each building will be taken. The actual number of views obtained will depend
upon site conditions, access, and safety considerations.
Rincon assumes the City’s staff will facilitate access to the buildings, including the interiors and exteriors
of the buildings. Given the close proximity of the buildings, Rincon further assumes one site visit will be
sufficient to complete documentation. Following completion of the site visit, Rincon will upload
photographs to an FTP site for review by the City to confirm that the photographs are adequate and will
satisfy the HABS documentation requirements.
Supplemental Research and Preparation of HABS Reports
Rincon will prepare a HABS-level III report for the buildings in a format consistent with the Secretary of
the Interior’s Standards and Guidelines for Architectural and Engineering Documentation: Historic
American Building Survey. The report will include a physical description of the buildings and available
information on their design and history. It will document the buildings’ construction history,
architecture, and historical significance. Rincon will draw on existing documentation to the greatest
extent feasible and will perform additional research as needed. The scope for this task does not include
preparation of updated Department of Parks and Recreation (DPR) forms.
Compilation of HABS Documentation Packages
Upon completion the tasks described above, Rincon will assemble a HABS-level III documentation
package for each building. The package will include photographs and the HABS-level III report. It will
integrate any additional data collected. A map indicating the location from which each photograph was
taken, and a photograph log, will be included for reference. A draft digital copy of each package will be
submitted to the City for review and approval, following which point it will be finalized.
Following finalization, Rincon will send original hard copies of the packages to San Luis Obispo Library
and the History Center of San Luis Obispo County to satisfy the specific requirements of MMRP Measure
CR-1. The photographs and the report will be printed on acid-free archival-bond paper and labeled and
stored in archival sleeves and folders accordingly. The entire package will be housed in an acid-free
storage container prior to delivery. Should additional hard or electronic copies of the documentation
packages be requested, a change order will be necessary.
Optional Task 6 Extended Phase 1 Testing
Based on the findings of the Mitigation and Monitoring Plan prepared by Rincon in 2022, the anticipated
method for investigating subsurface remains associated with CA-SLO-2431H is through an Extended
Phase 1 (XPI) investigation consisting of mechanical backhoe trenching subsequent to demolition and
pavement removal. Use of a backhoe will allow for an expedited review of the soil profiles and an
assessment as to the potential to encounter buried archaeological deposits. The area of disturbance for
demolition and pavement removal for Phase 1B and Phase 2 of the project is approximately 300 feet by
200 feet. Therefore, four backhoe trenches oriented from east to west and spaced approximately 20
meters (66 feet) apart will be necessary. Rincon assumes the XPI investigation will be negative for
subsurface archaeological material that will require formal evaluation. In the event subsurface deposits
that require such evaluation are identified during the XPI investigation, a budget amendment would be
necessary to document and evaluate the finds. If the XPI investigation is positive, a Phase 2 significance
evaluation may also be necessary to determine if the project will have a significant impact on the
resource and to evaluate the deposit(s) for significance under CEQA. If an intact archaeological deposit is
encountered during the Phase 2 that cannot be avoided by project design, a Phase 3 data recovery
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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excavation of the deposit would likely be necessary to mitigate impacts. Phase 2 and Phase 3 testing
would require a separate scope of work and cost.
Optional Task 6.1 Extended Phase 1 Testing Plan
Rincon will prepare an XPI work plan upon authorization. The work plan will include a discussion of the
goals of the study, methods to be employed, and factors that determined the scope. Rincon assumes
this plan will be submitted electronically and approved with a single combined round of comments from
the City.
Optional Task 6.2 Extended Phase 1 Fieldwork
This work effort will be conducted under the direction of Rincon archaeologist Dustin Merrick, MA, RPA,
who meets the Secretary of the Interior’s Professional Qualification Standard for prehistoric and historic
archaeology. Under the direction of the Qualified Archaeologist, two Rincon archaeologists will direct
the mechanical excavation of a series of up to four (4) trenches totaling approximately 800 linear feet to
assess the presence or absence of subsurface archaeological deposits associated with CA-SLO-2341H
within the project site. XPI fieldwork will require a two-person crew for no more than five (5), eight (8)
hour days inclusive of travel time. Trenching will be performed by a qualified excavation contractor
under the direction of the Rincon field director. This scope of work assumes costs for the excavation
contractor will not exceed $1,200 per day. Rincon assumes that the presence of a Native American
monitor will not be required for excavation activities, as no prehistoric resources are anticipated.
For the purposes of this proposal, Rincon estimates that no more than four (4) trenches will be
excavated. Excavation will be conducted using a standard backhoe fit with a flat blade. Excavation will
be conducted in small lifts (10 to 20 cm) so that any archaeological materials, features or deposits can
be identified immediately upon exposure. Stratigraphic soil profiles will be drawn of at least one side
wall of a representative sample of the trenches.
In lieu of hand excavation, Rincon will screen samples of excavated soils from the trenches to identify
the amounts and types of artifacts and ecofacts that may be present in particular soil strata. Samples
will be screened from different stratigraphic layers as identified in the field and at systematic intervals
during trenching. The excavated soils will be dry screened through 1/8-inch (3-millimeter) mesh.
Artifacts and ecofacts recovered during screening will be analyzed and documented in the field; no
artifacts, samples, or specimens will be collected during the testing and no laboratory analysis is
currently proposed. Artifacts recovered will be reburied within the trenches during backfilling.
Excavation forms will be prepared providing all pertinent data (e.g., trench number, date, provenience,
location justification, and termination justification). All excavation locations will be recorded using a sub-
meter-accurate handheld GPS unit and documented both with notes and photographs. Should feature(s)
be encountered that require hand excavation, Rincon will expose the feature so that it can be identified
and its location recorded but will not complete full excavation of the feature. Complete recovery of the
feature would be proposed for Phase 3 efforts, if needed. Should the feature consist of human remains,
Rincon will cease work and notify the Kitchell, the City and the County Coroner. Rincon will submit a
budget augmentation for the additional work related to the treatment of human remains that are
Native American in origin.
Optional Task 6.3 Extended Phase I Reporting
Rincon will prepare a technical report to document the results of the investigation. The report will be
prepared following the California Office of Historic Preservation’s Archaeological Resource Management
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Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 7
Reports (ARMR) Guidelines. The report will include a discussion of the findings of the study and all
appropriate maps, figures, photographs, and tables. The report will also provide management
recommendations for the project and outline procedures to be followed in the event of an
unanticipated discovery during project construction. No more than one round of revisions to the XPI
report will be necessary following review by Kitchell and the City.
In addition to the XPI testing report, Rincon will prepare Department of Parks and Recreation 523 series
forms to update the existing resource record (CA-SLO-2341H) that was identified within the current
project boundaries.
Phase 2
Task 7 Nesting Bird Surveys and Reporting
As described under Task 2, project activities that occur during the nesting bird season (February 1
through August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more
than three days prior to the initiation of ground disturbance and/or vegetation removal activities. Upon
completion of the nesting bird survey, Rincon will prepare a brief letter report that includes the purpose,
methodology, and results as described in greater detail under Task 2.
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 2 activities.
Additionally, a qualified principal investigator, defined as an archaeologist who meets the Secretary of
the Interior’s Professional Qualifications Standard for archeology, shall be retained to oversee all
mitigation measures related to archaeological resources, outlined in the following tasks.
Task 8.1 Project Kickoff and WEAP Training
Rincon will present the previously prepared WEAP for Phase 1B during the initiation of Phase 2
construction activities. The training will be presented to all on-site personnel and will include a briefing
regarding the types of archaeological resources and/or fossils that could be found in the project area
and the procedures to follow should archaeological or paleontological resources be encountered. The
training will also include a discussion of applicable laws and penalties for removal or disturbance of
archaeological or paleontological materials found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be conducted on the first day of Phase 2 construction monitoring. Rincon assumes the
Phase 1B WEAP will be sufficient and new WEAP or any preconstruction preparation will be required
Task 8.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 2 of the project. The monitor shall be on-site on a full-time basis during
initial earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions. The qualified archaeologist will observe soil
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources are
encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the event
resources potentially significant under CEQA are encountered, further investigation beyond the scope of
work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 8.3 Archaeological Monitoring Letter Report
Upon completion of the monitoring effort, Rincon will prepare a letter report that will describe the
results, analysis, and conclusions of the archaeological monitoring effort. The letter report will be
submitted to Kitchell and the City for review and approval within 30 days following the completion of
monitoring. Rincon will respond to one (1) round of consolidated, minor comments on the draft letter
report from Kitchell and the City staff. A copy of the final version of the letter report will be submitted to
the City within 30 days of approval. All deliverables will be presented electronically. After the final copy
is accepted by the City, the final report will be submitted to the Central Coast Information Center.
Rincon assumes the archaeological monitoring letter report findings will be negative. Should a resource
be discovered during archaeological monitoring, Rincon will request a scope and budget augmentation
for the additional scope and cost. Rincon assumes that a single letter report for Phases 1B and 2 will
suffice; therefore, we have budgeted a single letter report as a cost-saving measure.
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 9
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Task 9.2 Paleontological Negative Findings Letter Report
Rincon will prepare a final monitoring letter report that will outline the methodology of paleontological
monitoring at the project site, describe the construction activity and duration, describe the lithology of
the depositional units exposed during excavations, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered during
monitoring activities. Rincon assumes that a single letter report for Phases 1B and 2 will suffice;
therefore, we have budgeted a single letter report as a cost-saving measure.
Assumptions
Our scope of work and cost for this project has incorporated the following assumptions.
▪ This proposal assumes no cultural resources will be discovered during cultural resources monitoring
and the current scope of work and cost estimate does not include analysis, collection, laboratory
preparation, or documentation of identified cultural resources discovered during monitoring. A
scope and budget augmentation will be requested to address finds encountered during monitoring.
▪ Access to the project boundary will be provided by Kitchell. The project boundary within private
lands will be surveyed with the use of binoculars for the nesting bird survey.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ One WEAP training by the archaeological and paleontological monitors on the first day of
monitoring will be sufficient to train the entire construction crew and no additional WEAP training
will be necessary. If additional training for new crew members is needed, Rincon can provide
recorded presentations.
▪ Rincon assumes negative findings during paleontological monitoring, and the current cost estimate
does not include expenses related to the treatment and curation of fossil specimens. Should fossils
be recovered during monitoring, Rincon will immediately prepare an estimate for the anticipated
costs associated with documentation and reporting requirements for the discovery.
▪ Kitchell will provide current project site plans for inclusion in the Archaeological Monitoring
Technical Memorandum
▪ In light of the current COVID-19 pandemic, Rincon staff will conduct the nesting bird survey in
accordance with the most current relevant, local COVID-19 safety protocols and social distancing
guidance.
▪ Rincon is not responsible for damage to subsurface structures, utilities, pipelines, or other objects
that are not marked or identified to us by client or Underground Service Alert utility notification
service, provided that we have made appropriate inquiries to USA utility notification services.
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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▪ Rincon assumes that the extended Phase I testing will not discover a resource that could be
considered a historical resource under CEQA, and the current scope of work and cost estimate does
not include analysis, collection, laboratory preparation, or documentation of identified cultural
resources discovered during testing. If a cultural resource be discovered that has the potential to be
a historic resource under CEQA, a scope and budget augmentation will be requested to address
finds encountered during testing.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ If additional effort is required beyond that identified in the work program outlined above, Rincon
will perform the work on a time and materials basis with an amendment of the project cost and
scope of work approved by Kitchell. These rates do not include overtime or penalties for missed
meal periods. Should overtime be required, hours greater than eight (8) hours per day onsite or 40
hours per week onsite will be charged at a rate consistent with California state law (generally 1.5
times). As part of this work program, Rincon assumes a meal period will be allotted before the fifth
hour of work. If a meal period is not allotted by the end of the fifth hour on any workday, an
additional hour of labor will be charged. No additional services would be provided without receipt of
prior written approval.
Schedule
Construction monitoring activities (Tasks 2, 3, 4, and optional Tasks 5 and 6) would proceed alongside
the planned project construction schedule for Phase 1B. Similarly, construction monitoring activities
(Tasks 7, 8, and 9) would proceed alongside the planned project construction schedule for Phase 2.
Cost
Rincon will complete the work scope for the tasks identified above to not exceed of $53,016 for Tasks 1
through 4 and $107,163 including all optional tasks. No other services will be provided without your
express written authorization. Please see Table 1 below for a cost breakdown of each task.
Table 1 Cost Summary
Tasks Cost
Phase 1B
Task 1 Project Initiation and Project Management $4,165
Task 2 Nesting Bird Surveys and Reporting $3,265
Task 3 Archeological Construction Monitoring and Reporting for Phase 1B
Task 3.1 Project Kickoff and WEAP Training $2,508
Task 3.2 Archaeological Monitoring $8,503
Task 4 Paleontological Construction for Phase 1B and Phase 2
Task 4.1 Paleontological Monitoring $8,503
Optional Task 5 Historic American Building Survey Documentation $19,609
Optional Task 6 Extended Phase 1 Testing
Optional Task 6.1 Extended Phase I Testing Plan $4,744
Optional Task 6.2 Extended Phase I Fieldwork $23,204
Optional Task 6.3 Extended Phase 1 Reporting $6,590
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Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 11
Phase 2
Task 7 Nesting Bird Surveys and Reporting $3,265
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
Task 8.1 Project Kickoff and WEAP Training –
Task 8.2 Archaeological Monitoring $8,503
Task 8.3 Archaeological Monitoring Letter Report $3,739
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring $8,503
Task 9.2 Paleontological Negative Findings Letter Report $2,062
Total $107,163
All work will be performed on a time and materials basis in accordance with the work scope outlined
above. Should the actual effort required to complete the tasks be less than anticipated, the amount
billed will be less than the total cost outlined above. This cost estimate is in effect for a period of 30
days, during which time all of the elements of this proposal are fully negotiable to meet the needs of
Kitchell.
This work effort will be managed by Rincon Project Manager Dustin Merrick, M.A., Registered
Professional Archaeologist (RPA), and Rincon Principal Christopher Duran, M.A., RPA. Both Mr. Merrick
and Mr. Duran meet the Secretary of the Interior’s Professional Qualification Standards for prehistoric
and historic archaeology (NPS 1983).
Rincon is prepared to begin the work scope outlined above following receipt of a signed copy of this
proposal as well as a retainer of $13,250 (approximately 25 percent of the proposed budget, not
including optional tasks).
Thank you for your consideration and for this opportunity to support your project. If you have any
questions regarding this proposal, please contact Mr. Merrick at (805) 762-4064 or
dmerrick@rinconconsultants.com, or Mr. Duran at (805) 644-4455, extension 22 or
cduran@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Dustin Merrick, MA, RPA
Project Manager/Archaeologist
Christopher Duran, MA, RPA
Principal/Senior Archaeologist
Attachments
Attachment 1 Reference List
Attachment 2 Resumes of Key Personnel
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RRM Design Group
1
SCOPE OF SERVICES
TASK S.1: CONSTRUCTION STAKING
This task will include the following:
SUBTASK S.1A: PHASE 1B STAKING
Rough Grade/Shoring Staking
• One (1) set of rough grade and shoring offset stakes with grades to finish grade
SUBTASK S.1B: PHASE 2
Sawcut
• One (1) set of stakes will be provided for sawcut lines
Sewer
• One (1) set of offset stakes will be provided for sewer services with grades to flowline
Water
• One (1) set of offset stakes will be provided for water services with grades to finish the surface or top
of curb
Storm Drain
• One (1) set of offset stakes at an interval of no greater than 50 feet, angle points and tees with grades
to flowline. Double offsets will be provided for utility holes, drainage chambers and drain inlets with
grades to flowline in/flowline out and rim/top of grate
Building
• One (1) set of offset stakes at grid lines 1 through 14, A, A.1, A.3, A.4, A.6, A.8, A.9, B, B.2, B.3, B.6,
B.7, C, C.1, C.2, C.3, C.5, C.6, C.7, C.8, D, E for level one (1) with grades to finish surface
Walls
• One (1) set of offset stakes to centerline of wall with grades to top of footing or finish surface.
• Street lights/transformers/vault
• One (1) set of double offsets stakes to street lights transformers and vaults with grades top of curb or
finish surface
• Curb, flatwork
• One (1) set of offset stakes to face of curb at an interval of no greater than 50 feet along straight
sections and interval of no greater than 25 feet on curves sections, grade breaks, angle points and
radius points with grades to top of curb or finish surface
NOTE: Gas lines and conduits are not included in this proposal
2
MOVE-IN SCHEDULE:
It will be the contractor’s responsibility to review the following move-in schedule with respect to possible
phasing and overall project schedule. Any changes to this move-in schedule must be made prior to the
award of contract.
MOVE-IN SCHEDULE AND FEES
Item No. Description No. of Move-ins
1 Rough Grade/Shoring 2
2 Sawcut 1
3, 4 Sewer/Water 1
5 Storm Drain 1
6 Building 1
7 Walls 1
8 Street Lights/Transformers/Vault 1
9 Curb, Flatwork 3
Total Moves to Site: 11
Deliverables:
• Construction Stakes
Fixed Fee:
• Subtask S.1A: $3,600.00 (see footnote 1) This fee is based on prevailing wage
• Subtask S.1B: $18,000.00 (see footnote 1) This fee is based on prevailing wage
TASK S.2: RE-STAKING AND ADDITIONAL SERVICES
All re-staking and services beyond the scope of work described herein will be performed on an hourly basis
based on standard billing rates at the time the services are requested.
Fee: Time and Materials
• Hourly (see footnote 2)
Fee Footnotes
1. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount
stated in the contract for the task is invoiced.
2. Amounts billed for tasks shown as “Time and Materials” (T&M) will reflect actual hours worked.
TOTAL RRM SERVICE FIX FEES: $21,600.00
Any work outside the scope of the original agreement between RRM Design Group and the Client and
authorized by Client, is subject to the Terms and Conditions of the Prime Agreement.
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BILL RATE RANGES
Subject to change effective March 1st each year
EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year
ARCHITECTURE INTERIOR DESIGN
Architect 95$ -155$ Designer I 60$ -95$
Associate Manager of Architecture 140$ -200$ Designer II 70$ -120$
Design Director 145$ -240$ Interior Designer I 75$ -125$
Designer I 70$ -100$ Interior Designer II 90$ -150$
Designer II 80$ -125$ Intern 45$ -85$
Designer III 95$ -150$ Job Captain 105$ -165$
Intern 45$ -85$ Senior Interior Designer 110$ -195$
Job Captain 95$ -150$
Manager of Architecture 165$ -280$ LANDSCAPE ARCHITECTURE
Principal 185$ -350$ Assistant Designer 70$ -110$
Project Architect 115$ -185$ Associate Designer 80$ -125$
Project Designer 115$ -185$ Designer 95$ -140$
Project Manager 115$ -185$ Design Director 135$ -235$
Senior Architect 135$ -235$ Intern 45$ -85$
Senior Designer 135$ -220$ Landscape Architect 95$ -145$
Senior Project Manager 135$ -240$ Manager of Landscape Architecture 150$ -245$
Principal 185$ -350$
ENGINEERING & SURVEYING Principal Landscape Architect 135$ -235$
Associate Engineer 115$ -170$ Senior Landscape Architect 115$ -175$
Construction Inspector 105$ -175$
Designer I 55$ -95$ PLANNING
Designer II 75$ -125$ Assistant Planner 90$ -130$
Designer III (Structural only)90$ -135$ Associate Planner 105$ -170$
Engineer I 90$ -140$ Intern 45$ -85$
Engineer II 105$ -165$ GIS Specialist 80$ -150$
Land Surveyor 115$ -170$ Senior GIS Specialist 105$ -185$
Manager of Engineering Services 170$ -280$ Manager of Planning 175$ -265$
Manager of Surveying 155$ -235$ Principal 185$ -350$
Party Chief 90$ -150$ Principal Planner 165$ -250$
Principal 185$ -350$ Senior Planner 135$ -205$
Project Engineer 125$ -185$ Senior Urban Designer 135$ -210$
Project Manager 150$ -245$ Urban Designer 105$ -170$
Senior Associate Engineer 130$ -210$
Senior Designer 110$ -185$ CORPORATE SERVICES
Senior Land Surveyor 135$ -210$ Administrative Assistant 60$ -95$
Senior Party Chief 115$ -185$ Administrative Coordinator 75$ -130$
Senior Project Engineer 140$ -230$ Assistant Office Manager 90$ -135$
Supervisor of Surveying 145$ -220$ Chief Executive Officer 195$ -500$
Survey Technician I 60$ -100$ File Clerk/Administrative Support 45$ -65$
Survey Technician II 75$ -115$ Marketing Assistant 45$ -85$
Survey Technician III 90$ -155$ Marketing Coordinator 65$ -115$
Surveying Crew Rates Marketing Manager 125$ -235$
REGULAR Marketing Specialist 90$ -155$
One person w/ GPS or Robotic Workstation 125$ -155$ Office Coordinator 75$ -130$
Two person 175$ -290$ Proposal Coordinator 80$ -140$
Three person 235$ -390$ Receptionist 45$ -80$
PREVAILING WAGE Senior Marketing Specialist 105$ -190$
One person w/ GPS or Robotic Workstation 150$ -180$
Two person 225$ -340$
Three person 325$ -490$
Rev 3/1/2022
3
CONSTRUCTION STAKING CONDITIONS:
1. It will be the contractor’s responsibility to inform RRM of changes in the Plans and Specifications that
will affect the location of improvements. RRM will not be liable for misplaced improvements due to such
changes that were not brought to our attention. Additional work caused by changes to the Plans and
Specifications will be billed on an hourly basis. Also, any construction based on staking requested by the
contractor based on unapproved plans and specifications will be done at the contractor’s sole risk. RRM
will not be held liable for damages suffered by the contractor resulting from changes to the plans after
RRM has set stakes.
2. To provide for reasonable preparation and organization, requests for staking should be made at least 48
hours in advance. Although RRM will make every effort to accommodate the unforeseen, no guarantee
can be made without sufficient notice.
3. The contractor will be responsible for ensuring that the construction site is clear of debris and vehicles
before ordering stakes. If staking is requested and site conditions do not allow the survey crew to
work, you will be charged hourly for the time lost. This does not include poor site conditions caused by
weather or other circumstances beyond the control of the contractor.
4. Any claim against RRM for losses or damages resulting from errors in staking (either horizontal or
vertical) must be accompanied by proof of the actual location of the stake used and the information
written on the lath (i.e., stakes must still be in place in the field when the claim is made).
5. The contractor will be responsible for discussing offsets for stakes prior to fieldwork. Otherwise,
offsets will be chosen according to standard practice in this County, and any changes requested after
the completion of staking will be billed to the contractor as an extra.
6. For your convenience, we will provide the job superintendent with a “construction staking request
form” that must be signed before any extra work beyond the scope of the contract is done. Copies of
this signed form will be sent with each monthly billing for your records.
7. Stakes shall be used only for their intended purpose. For example, rough grade stakes shall not be used
for finish grading or building layout.
8. Three (3) consecutive points shown to be on the same slope rate must be used in common order that
the contractor may detect any variation out of a perfect straight grade. In case any discrepancy is found,
it shall be reported to the surveyor. Otherwise, the surveyor will not be responsible for any error in
grade of the finished work.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 10
Earth Systems
EARTH SYSTEMS | AUGUST 29, 2022 | CITY OF SAN LUIS OBISPO - CULTURAL ARTS DISTRICT PARKING STRUCTURE
Earth Systems FEE BREAKDOWN
Hours/Units Rate Total
Earth Systems Fee Breakdown
PROJECT:
DATE:
Hours/Units Rate Total
PHASE IB - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Project Inspector 960 $170.00 $163,200.00
Subtotal Task 2 $163,200.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 40 $225.00 $9,000.00
Grading Observation and Testing 320 $140.00 $44,800.00
Special Inspection - Shoring Wall 120 $145.00 $17,400.00
Reporting and Document Posting 40 $125.00 $5,000.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)170 $7.50 $1,275.00
Laboratory Testing - Per Fee Schedule (Allotment) $12,000.00
DIR/ECPR Posting 20 $90.00 $1,800.00
Subtotal Task 3 $100,775.00
Hours/Units Rate Total
PHASE 2 -
Project Inspector 3600 $170.00 $612,000.00
Subtotal Task 2 $612,000.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 100 $225.00 $22,500.00
Grading Observation and Testing - 2023 280 $140.00 $39,200.00
Special Inspection - 2023 320 $145.00 $46,400.00
Grading Observation and Testing -2024 120 $140.00 $16,800.00
Special Inspection -2024 1600 $145.00 $232,000.00
Reporting and Document Posting 180 $125.00 $22,500.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)700 $7.50 $5,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $25,000.00
DIR/ECPR Posting 90 $90.00 $8,100.00
Subtotal Task 3 $427,250.00
TOTAL TASK 2 $775,200.00
TOTAL TASK 3 $528,025.00
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
City of San Luis Obispo - Cultural Arts District Parking Structure
August 29, 2022
Cultural Arts District Parking Structure - 450 Work Day Duration
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
PHASE 1B - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Hours/Units Rate Total
PHASE 2 - Cultural Arts District Parking Structure - 450 Work Day Duration
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
Certificate Of Completion
Envelope Id: 39089CD97632471F8036895978DF81A8 Status: Completed
Subject: Complete with DocuSign: Resident Engineer and Construction Management - Agreement.pdf
Department:
Supplier:
Source Envelope:
Document Pages: 93 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Argelia Chang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
achang@slocity.org
IP Address: 104.129.202.169
Record Tracking
Status: Original
12/15/2022 11:55:07 AM
Holder: Argelia Chang
achang@slocity.org
Location: DocuSign
Signer Events Signature Timestamp
Wendy Cohen
wcohen@kitchell.com
President
Kitchell CEM, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.220.121.60
Sent: 12/15/2022 11:58:04 AM
Resent: 12/22/2022 4:26:12 PM
Viewed: 12/23/2022 7:27:46 AM
Signed: 12/23/2022 7:27:50 AM
Electronic Record and Signature Disclosure:
Accepted: 11/14/2022 12:37:10 PM
ID: f59ea0e7-4d0e-4510-85e7-51548060a030
Randy Rominger
rrominger@kitchell.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.87.132.185
Signed using mobile
Sent: 12/23/2022 7:27:55 AM
Viewed: 12/23/2022 2:07:31 PM
Signed: 12/23/2022 2:08:04 PM
Electronic Record and Signature Disclosure:
Accepted: 12/23/2022 2:07:31 PM
ID: ab204dce-8a22-46ed-ba83-0c357d81b18c
Christine Dietrick
cdietric@slocity.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 104.129.202.90
Sent: 12/23/2022 2:08:09 PM
Resent: 1/5/2023 8:01:21 AM
Viewed: 1/5/2023 8:40:44 AM
Signed: 1/5/2023 8:44:44 AM
Electronic Record and Signature Disclosure:
Accepted: 6/15/2020 2:16:11 PM
ID: a47fa5a6-25c4-499a-ad2d-b3750c2fd621
Matt Horn
mhorn@slocity.org
Director of Public Works
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.32.158.228
Sent: 1/5/2023 8:44:50 AM
Viewed: 1/5/2023 8:53:08 AM
Signed: 1/5/2023 8:53:26 AM
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 11/7/2018 6:54:10 PM
ID: abbb6413-5f03-483d-8739-5befeff5edf7
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Argelia Chang
achang@slocity.org
Administrative Assistant III
City of San Luis Obispo
Security Level: Email, Account Authentication
(None)
Sent: 1/5/2023 8:53:30 AM
Resent: 1/5/2023 8:53:38 AM
Viewed: 1/5/2023 8:55:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel Clancy
dclancy@slocity.org
Purchasing Analyst
City of San Luis Obispo
Security Level: Email, Account Authentication
(None)
Sent: 1/5/2023 8:53:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Manuel Guzman
mguzman@slocity.org
Security Level: Email, Account Authentication
(None)
Sent: 1/5/2023 8:53:33 AM
Electronic Record and Signature Disclosure:
Accepted: 12/18/2020 9:05:30 AM
ID: bda270ba-efa2-4807-a1cc-c5e70f600cee
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/15/2022 11:58:04 AM
Certified Delivered Security Checked 1/5/2023 8:53:08 AM
Signing Complete Security Checked 1/5/2023 8:53:26 AM
Completed Security Checked 1/5/2023 8:53:33 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 5/10/2017 10:25:58 AM
Parties agreed to: Wendy Cohen, Randy Rominger, Christine Dietrick, Matt Horn, Manuel Guzman
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72
From:Kacsinta, Madeline
Sent:Friday, October 27, 2023 10:32 AM
To:Clancy, Daniel
Subject:PO 615119
Attachments:RE and CM Services Cultural Arts District - Signed Agreement.pdf
Follow Up Flag:Follow up
Flag Status:Completed
Good Morning Daniel!
I hope your Friday is going well.
I am going to close Kitchell’s current PO, and open a new one with the existing balance of $239,859.03, an add
service of $237,600.00, and their new service agreement for phase 2 of $3,436,094. I have attached Kitchell’s original
signed agreement, and will also attach it to the new PO, but wanted to give you a heads up, since it is a large dollar
amount. You can find the dollar amount for the proposal on the agreement on page 84.
Please let me know if you have any questions or concerns.
Thank you,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_________________ by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and KITCHELL CEM, INC., hereinafter referred
to as Consultant.
W I T N E S S E T H
WHEREAS, on July 28, 2022, requested proposals for Resident Engineer and
Construction Management Services, Cultural Arts District Parking Structure, City Project
Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was
accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is
made and entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may, at the time of acceptance of the work, waive liquidated damages that may have
accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may
notify the Consultant in writing of such defect or failure to perform. This notice must give
the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Consultant's
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1/5/2023 | 8:53 AM PST
the City's Notice of Termination, minus any offset from such payment representing the
City's damages from such breach. "Reasonable value" includes fees or charges for goods
or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based
solely on the City's assessment of the value of the work-in-progress in completing the
overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as t o
permit a full and complete accounting of costs. In no event, however, shall the Consultant
be entitled to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the
contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a
determination by the Director that termination of the contract is in the best interest of the
City. Upon termination notice from the City, Consultant must, unless otherwise directed,
cease work and follow the City’s directions as to work in progress and finished goods.
For termination of any services pursuant to this Agreement, the City’s liability will be the
lesser of a reasonable price for the services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be
approved in writing by the City. For any sub-contract for services in excess of $25,000,
the subcontract shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract
to any individual or business entity of any kind without the previous written consent of the
City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with
the requirements and intentions of this contract. All work done and all materials furnished,
if any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various
laws and regulations as well as performance of the contract, the Consultant and sub -
consultants shall maintain all books, documents, papers, accounting records and other
evidence pertaining to the performance of the contract, including but not limited to the cost
of administering the contract. Materials shall be made available at their respective offices
at all reasonable times during the contract period and for three years from the date of final
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
payment under the contract. Authorized representatives of the City shall have the option
of inspecting and/or auditing all records. For Federally funded projects, access to records
shall also include authorized representatives of the State and Federal government.
Copies shall be furnished if requested.
10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or
any ensuing City construction project. The Consultant shall also list current clients who
may have a financial interest in the outcome of this contract, or any ensuing City
construction project which will follow. The Consultant staff shall provide a Conflict of
Interest Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any
interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub-consultant or person having such an interest shall be
employed. The Consultant certifies that no one who has or will have any financial interest
in performing this work is an officer or employee of the City. It is hereby expressly agreed
that, in the performance of the work hereunder, the Consultant shall at all times be
deemed an independent Consultant and not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that
this contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of
the warranty, the City shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this
contract that no person or selling agency has been employed, or retained, to solicit or
secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed
of and shall observe and comply with all applicable state and federal laws and county and
City of San Luis Obispo ordinances, regulations and adopted codes during its
performance of the work. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of
construction, including but not limited to, inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and
licenses, pay all charges and fees, and file all notices as they pertain to the completion of
the Consultant’s work. The City will pay all application fees for permits required for the
completion of the project including building and regulatory permit application fees.
Consultant will provide a 10 day notice for the City to issue a check.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant's operations, it shall be
replaced or restored at the Consultant's expense. The facilities shall be replaced or
restored to a condition as good as when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-
consultants engaged for the performance of this work that only persons authorized to work
in the United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this
work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as
it may employ, to engage in discrimination in employment of persons on any basis
prohibited by State or Federal law.
21. Accuracy of Specifications. The specifications for this project are believed by the City
to be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all
sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that
could easily have been ascertained by examining either the project site or accurate test
data in the City's possession. Although the effect of ambiguities or defects in the
specifications will be as determined by law, any patent ambiguity or defect shall give rise
to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity
or defect shall be considered patent if it is of such a nature that the Consultant, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the
existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -
consultants to notify City in writing of specification defects or ambiguities prior to proposal
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submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall
not be liable for costs incurred by the successful Consultant to achieve the project’s
objective or standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual
or alleged ambiguity or defect in the specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all sub-
consultants shall continue to perform, irrespective of whether or not the ambiguity or
defect is major, material, minor or trivial, and irrespective of whether or not a change order,
time extension, or additional compensation has been granted by City. Failure to provide
the hereinbefore described written notice within one (1) working day of Consultant's
becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right
to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code
Section 2783, this paragraph shall apply in place of paragraph A. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections
2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City,
and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal counsels’ fees and
costs of litigation (“claims”), to the extent caused by the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the
operations conducted by Consultant, except for such loss or damage arising from
the active negligence, sole negligence or willful misconduct of the City. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City’s option, reimburse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) The review, acceptance or approval of the Consultant’s work or work product by
any indemnified party shall not affect, relieve or reduce the Consultant’s
indemnification or defense obligations. This Section survives completion of the
services or the termination of this contract. The provisions of this Section are not
limited by and do not affect the provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed
in this proposal from other consultants during the contract term.
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24. Standards. Documents shall conform to City Standards and City furnished templates
shall be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped
and signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items
necessary to provide the work scope outlined in the Request for Proposal, incorporated
herein by reference and attached hereto as Exhibit A. City staff will review any documents
or materials provided by the Consultant and, where necessary, the Consultant will
respond to staff comments and make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership
and title to all reports, documents, plans, specifications, and estimates produced as part
of this contract will automatically be vested in the city and no further agreement will be
necessary to transfer ownership to the City. The Consultant shall furnish the City all
necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine readable form, are intended for one-time use in the construction of
the project for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected
with the modification, or misuse by the City of the machine-readable information and data
provided by the Consultant under this agreement. Further, the Consultant is not liable for
claims, liabilities, or losses arising out of, or connected with any use by City of the project
documentation on other projects, except such use as may be authorized in writing by the
Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or serv ices
under these specifications shall be the property of City and shall not be made available to
any individual or organization by the Consultant without the prior written approval of the
City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working"
meetings with staff as necessary in performing workscope tasks.
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31. Requests for Review. The Consultant shall respond to all requests for submittal review
or contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the project scoping meeting, the
Consultant shall submit a proposed workscope, compensation and schedule within 10
working days. The cost proposal shall include all costs including miscellaneous direct
cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized
by project work phase or, in the case of on-call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed the individual
agreed upon project fee. Should the Consultant’s designs, drawings or specifications
contain errors or deficiencies, the Consultant shall be required to correct them at no
increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as
agreed to on a project by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and
fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and
vehicle cost that have been identified and are attached to this agreement. The
Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel
Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval
by the City of an original invoice and acceptance by the City of the materials, supplies,
equipment or services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact
arising under this contract that is not disposed of by agreement shall be decided by a
committee consisting of the City’s Project Manager and the City Director of Public Works,
who may consider written or verbal information submitted by the Consultant. Not later
than thirty days after completion of all deliverables necessary to complete the p lans,
specifications and estimate, the Consultant may request review by the City Council of
unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals
Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later
than 30 days after issuance of the final audit report, the Consultant may request a review
by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must
be submitted in writing.
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Neither the pendency of a dispute, nor its consideration by the City will excuse the
consultant from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled
“Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs” when project work is for a federally funded project. In
order to ensure the State Department of Transportation achieves its federally mandated
statewide overall DBE goal, the City encourages the participation of DBEs as defined in
49 CFR 26 in the performance of this agreement. The City will make a determination on
a project by project basis for reasonably expected DBE participation to compete for the
sub-consulting opportunities in this agreement. The Consultant is responsible to be fully
informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded projects, maintain records of DBE usage and complete and submit to the
City the final report of DBE utilization prior to receiving final payment. Records shall show
the name and business address of each DBE and the total dollar amount actually paid to
each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award
and administration of US DOT assisted agreements. Failure by the Consultant to carry
out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: Randy Rominger
1540 Marsh Street
Stan Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM
dated July 28, 2022, Consultant's proposal dated September 1, 2022, and Consultant’s
Revised Fee Proposal dated November 9, 2022, are hereby incorporated in and made a
part of this Agreement and are attached hereto as Exhibits A, B, and C respectively.
Should there be any conflict between terms set forth in the City Request for Proposals
Specification No. 90435-CM and Consultant’s proposal dated September 1, 2022, or
Revise Fee Proposal dated November 9, 2022, the terms in this agreement and City
Request for Proposals Specification No. 90435-CM will govern.
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40. Amendments. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Engineer.
41. Working Out of Scope. If, at any time during the project, the consultant is directed to
do work by persons other than the City Project Manager and the Consultant believes that
the work is outside of the scope of the original contract, the Consultant shall inform the
Project Manager immediately. If the Project Manager and Consultant both agree that the
work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing
rates or a lump sum price agreed upon between the City and the Consultant. Any extra
work performed by Consultant without prior written approval from the City Project Manager
shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto. For and
in consideration of the payments and agreements hereinbefore mentioned to be made
and performed by City, Consultant agrees with City to do everything required by this
Agreement, the said specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Kitchell CEM, Inc.
_______________________________
Matt Horn, Director of Public Works Wendy Cohen
President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
________________________________
Randy Rominger
Principal-in-Charge
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EXHIBIT A
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REQUEST FOR PROPOSALS
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
CITY PROJECT NO. 90435-CM
July 2022
The City of San Luis Obispo (City) is currently soliciting proposals for Resident Engineer and
Construction Management Services for its Cultural Arts District Parking Structure Project.
Each proposal must specify each and every item as set forth in the attached specifications. Any and
all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications
without taking exception may be grounds for rejection. The City reserves the right to reject any and all
proposals and to waive any irregularity or informality in any proposal or in the RFP process, as long as,
in the judgment of the City, such action will not negate fair competition and will permit proper
comparative evaluation of the proposals submitted.
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the
City. Any addenda will be posted on the website. Prospective proposers must check the website for
addenda or other relevant new information during the response period. The City is not responsible for
the failure of any prospective proposer to receive such addenda. All addenda so issued will become a
part of this RFP.
If your firm is interested and qualified, please submit the following in separately sealed envelopes plainly
marked with the proposal title, specification number, Consultant name, and time and date of the
proposal opening. All proposals must be submitted to the front counter at the Public Works Department,
919 Palm Street, by, 2:00 p.m. on September 1st, 2022.
If you have any questions about the proposal process, please contact the Engineer directly.
MANUEL GUZMAN
Construction Engineering Manager
mguzman@slocity.org
EXHIBIT A
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RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
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Table of Contents
I. INTRODUCTION ..............................................................................................4
PURPOSE ............................................................................................................................................... 4
PROJECT LOCATION ........................................................................................................................... 4
BACKGROUND ...................................................................................................................................... 4
CONSTRUCTION CONTRACT DURATION .......................................................................................... 5
II. SCHEDULE AND SUBMITTAL ............................................................................6
A. RFP SCHEDULE .................................................................................................................................... 6
B. PROPOSAL SUBMITTAL ....................................................................................................................... 6
III. GENERAL INSTRUCTIONS ................................................................................7
A. CITY RIGHTS & OPTIONS ..................................................................................................................... 7
B. CHANGES TO THE RFP ........................................................................................................................ 8
C. COMMUNICATIONS ............................................................................................................................... 8
D. INSURANCE ........................................................................................................................................... 9
E. EXCEPTIONS & DEVIATIONS ............................................................................................................. 10
F. AWARD AND STANDARD AGREEMENT ........................................................................................... 10
G. PREVAILING WAGE............................................................................................................................. 10
H. FAIR EMPLOYMENT PRACTICE ........................................................................................................ 10
I. PROTEST OF AWARD ......................................................................................................................... 11
IV. PROPOSAL FORMAT ...................................................................................... 12
COVER LETTER ................................................................................................................................... 12
FIRM QUALIFICATIONS ...................................................................................................................... 12
ORGANIZATION AND APPROACH ..................................................................................................... 12
SCOPE OF WORK ............................................................................................................................... 13
CONTRACT AGREEMENT .................................................................................................................. 13
REFERENCES ...................................................................................................................................... 13
FEE PROPOSAL .................................................................................................................................. 13
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION ............................................................... 14
V. CONSULTANT EVALUATION & CONTRACT AWARD ........................................ 15
PROPOSAL RESPONSIVENESS ........................................................................................................ 15
EVALUATION PROCEDURES ............................................................................................................. 15
CONTRACT AWARD ............................................................................................................................ 16
VII. APPENDICIES ................................................................................................. 17
APPENDIX A – SCOPE OF SERVICES ......................................................................... 17
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APPENDIX B – VICINITY MAP .................................................................................. 23
APPENDIX C – SAMPLE CONTRACT ......................................................................... 24
APPENDIX D – QUALITY ASSURANCE PROGRAM .................................................... 34
APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 35
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 36
APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM ............... 37
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN ............... 37
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE ........................................ 38
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VI. INTRODUCTION
PURPOSE
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient
information regarding the resident engineer and construction management services the City of San
Luis Obispo Department of Public Works (City) is seeking for its Cultural Arts District Parking
Structure Project (Project). This information is intended to enable interested parties to prepare and
submit proposals for a single construction management and resident engineer team to manage the
construction for this Project. See Scope of Services attached as Appendix A.
PROJECT LOCATION
The Project is located on the corner of Palm Street and Nipomo Street. See Vicinity Map Attached
as Appendix B.
BACKGROUND
The proposed scope is to provide construction management and resident engineer services to
manage the Cultural Arts District Parking Structure Project. It is anticipated that a single team will
work together to manage the demolition of an existing parking lot and buildings (the “Existing Site”)
and construction of a new cast-in-place parking facility consisting of at least 399 parking spaces
(the “Cultural Arts District Parking Structure”) in downtown San Luis Obispo (the “Project”). Two
future buildings are planned immediately adjacent to the Cultural Arts District Parking Structure: a
“liner building” along the Nipomo Street frontage and part of the Palm Street frontage; and a theater
at the corner of Monterey and Nipomo Streets. Although neither of these buildings are part of this
scope of work, they both have some shared access points and utilities that need to be coordinated
as a part of this Project.
The Project will be constructed in phases, under separate construction contracts, as follows:
1. Phase 1A: Dry Utility Undergrounding. This Project will underground PG&E and telecom
facilities crossing the site. Note: This contract inspection and management will not be part
of this work scope.
2. Phase 1B: Cultural Arts District Parking Structure On-Site Improvement Plans. Phase
1 includes site structure and parking lot demolition, grading, and permanent shoring work in
preparation for garage construction in Phase 2.
3. Phase 2: Cultural Arts District Parking Structure. Phase 2 includes vertical construction
of the parking structure, including frontage improvements and utility work.
Phase 1B: On-Site Improvements, generally consists of:
1) Demolition and disposal of three residential lots and structures located at 633 Palm Street,
610 Monterey Street, and 614 Monterey Street
2) Demolition and site clearing of existing asphalt parking lot, including paving, landscaping,
meters, and miscellaneous improvements.
3) Grading of pad area for Phase 2
4) Construction of permanent shoring along the north-east property line.
5) Existing tree protection.
Phase 2: Cultural Arts District Parking Structure, generally consists of:
1) A new five-level cast-in-place parking structure with an approximately 32,000sf footprint
(approximately 163,000sf gross), and approximately 399 total parking spaces.
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RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
a. Level 1 (the ground floor) consists of standard parking, accessible parking, EV
parking, and bicycle parking.
b. Level 2 consists of standard parking, accessible parking, and EV parking.
c. Level 3 and Level 4 consist of standard parking and accessible parking.
d. Level 5 (the roof deck) consists of standard parking and accessible parking, with
photovoltaic overhead panels.
e. Two elevators.
f. Automated revenue/payment system.
2) On-site and off-site improvements including:
a. Off-site road improvements including new bulb-outs and decorative crosswalks and
intersections.
b. Construction of curb, gutter, driveway aprons, and sidewalk.
c. Underground utilities and stormwater chambers.
d. Pedestrian entry plazas (temporary where installed with future SLOREP Theatre
Improvements).
e. Planting and irrigation.
Note that the Phase 2 contract will include provisions for the contractor to provide an office space
and a conference room for the construction management team and provide electricity, phone,
internet, water and sanitation services.
CONSTRUCTION CONTRACT DURATION
Phase 1B of the Project is planned to begin construction in Spring 2023 and last for approximately
6 months, not including contract close-out.
Phase 2 of the Project is planned to begin construction in Fall 2023 and last for approximately 23
months, not including contract close-out.
The above durations only reflect anticipated duration of the construction contract work and must
be appropriately accounted for in the proposal. As part of the proposal, a general review of
construction contract duration may be performed at the proposing firm’s option.
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VII. SCHEDULE AND SUBMITTAL
A. RFP SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates
for the Proposal Submission Deadline, or Interviews will be advertised in the form of an addendum
to this RFP. The schedule for other milestones dates may be adjusted without notice.
RFP Schedule Date
Issued July 30, 2022
Proposal Submission Date September 1st, 2022, at 2:00 PM
Evaluation of Proposals Previous + 4 Weeks
Top 3 Ranked Consultants Interviewed Previous + 2 Weeks
Finalize Staff Recommendation Previous + 1 Week
Award by Public Works Director Previous + 1 Week
Notice to Proceed 1 day from Award
B. PROPOSAL SUBMITTAL
If your firm is interested and qualified, please submit a proposal in a sealed envelope by 2:00 p.m.
on September 1st, 2022. The proposal must be a maximum of 15 pages total, not including staff
resumés and fee proposal (see Section IV.G for fee proposal requirements).
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VIII. GENERAL INSTRUCTIONS
A. CITY RIGHTS & OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street,
in sealed envelopes no later than 2:00 p.m. on September 1st, 2022. Late proposals will
not be considered.
2. All costs incurred in the preparation and submission of proposals and related
documentation will be borne solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and
recommend the most qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated
with the consultant. Upon successful contract negotiations, staff will recommend a contract
be awarded.
5. Consultant fees will be negotiated with the selected firm and finalized prior to the award of
contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition,
this RFP does not commit the City to negotiate a contract. The issuance of this RFP does
not constitute an agreement by the City that any subsequent selection processes will occur,
or that any contract will be entered into by the City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or
interview without restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part,
received by reason of this request, and make more than one award, or no award, as the
best interests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive
property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal
which, in the judgment of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the
requirements and specifications contained in this Request for Proposal. All information
presented in a proposer’s proposal will be considered binding upon selection of the
successful proposer, unless otherwise modified and agreed to by the City during
subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of
services and approve or disapprove the use of all sub-consultants.
13. The contract will expire upon full completion of the scope of work.
14. Under the provisions of the California Public Records Act (the “Act”), Government Code
section 6252 et seq., all “public records” (as defined in the Act) of a local agency, such as
the City, must be available for inspection and copying upon the request of any person.
Under the Act, the City may be obligated to provide a copy of any and all responses to this
RFP, if such requests are made after the contract is awarded. One exception to this
required disclosure is information which fits within the definition of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other
data whose public disclosure could cause injury to the proposer’s competitive position. If
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any proposer believes that information contained in its response to this RFP should be
protected from disclosure, the proposer MUST specifically identify the pages of the
response that contains the information by properly marking the applicable pages and
inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*)
contain technical or financial information, which are trade secrets, or
information for which disclosure would result in substantial injury to the
proposer’s competitive position. Proposer requests that such data be used
only for the evaluation of the response but understands that the disclosure
will be limited to the extent the City considers proper under the law. If an
agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise
obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as
proprietary. If there is any dispute, lawsuit, claim or demand as to whether information within
the response to the RFP is protected from disclosure under the Act, proposer shall
indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim or
demand.
15. The proposing firm warrants that no official or employee of the City has an interest, has
been employed or retained to solicit or aid in the procuring of a contract resulting from this
RFP, if any, and further warrants that such person will not be employed in the performance
of such contract without immediate written notice to the City.
16. Firms submitting a proposal shall warrant that their offer is made without any previous
understanding, agreement, or connection with any person, firm, or corporation submitting
a separate proposal for the same Project and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action. This condition will not apply to proposals which
are submitted by firms who have partnered with others to submit a cooperative proposal
that clearly identifies a primary contractor and the associated sub-contractors.
17. Unforeseen additional items and/or services may be required. The City therefore reserves
the right to negotiate with the successful proposer for additional items and/or services
beyond what is described in Appendix A to be added to the final contract.
B. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
the City. Any addenda will be posted on the website. Prospective proposers must check the
website for addenda or other relevant new information during the response period. The City is not
responsible for the failure of any prospective proposer to receive such addenda. All addenda so
issued will become a part of this RFP. Any proposer who has already submitted their proposal and
desires to make corrections, may remove and replace their proposal up to the date and time for
which this RFP closes.
C. COMMUNICATIONS
All communications concerning this RFP must be directed to mguzman@slocity.org. All other
communication is not binding and will in no way modify the RFP or the obligations of the City. All
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questions will receive a response within five (5) business days.
The proceedings of the Selection Committee are confidential, and members of the Selection
Committee are not to be contacted by the proposers. After the solicitation has closed, proposers
can request to view the RFP award information. Any questions and requests for information must
be addressed to the Engineer.
D. INSURANCE
The Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, employees or
subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20
10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as
determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this Project /location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Professional / Errors and Omissions Liability: $2,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this Project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be end orsed to 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. The Consultant agrees to notify the City in the event that the policy is suspended,
voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified
mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability
and automobile liability coverage required by this clause must also be provided. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
E. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the
proposal submitted by the proposer. The City may waive any immaterial deviation or defect in a
proposal.
F. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within sixty (60) days after the date of the RFP closing.
The successful proposer is expected to execute a contract reflecting the template in Appendix C.
This sample contract is for reference to the anticipated terms and conditions governing the City and
the successful proposer. The proposer must take exception in their proposal to any section of the
attached contract they do not agree with. Failing to do so will be deemed as acceptance by the
proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole
discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached
contract. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL, IT IS ADVISED
THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS
IN THE ATTACHED SAMPLE CONTRACT.
G. PREVAILING WAGE
A portion of this work is prevailing wage work. For any work proposed by the prime consultant or
a subconsultant (any tier) under this contract, in accordance with Labor Code Section 1720 et seq.,
employees must be paid at least the prevailing rate wages for public works performed on the Project
. Prime consultant and any applicable subconsultant (any tier) must register with the Department
of Industrial Relations (DIR) prior to contract award, must remain registered for the entire term of
the contract, and must submit certified payroll records to DIR at least monthly for such work.
Firms can register at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
H. FAIR EMPLOYMENT PRACTICE
The Consultant and all subconsultants must comply with all laws and regulations governing
nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair
Employment and Housing Act (California Government Code Section 129000 et seq.), and the
applicable regulations promulgated thereunder Title 2, Division 4.1, Chapter 5 of the California
Code of Regulations Section 11000 et seq.
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The Consultant, with regard to the work performed by them during the Contract, must not
discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status of any
person in employment or the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
I. PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local
procurement laws.
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IX. PROPOSAL FORMAT
A qualifying proposal must address all the following points and shall be in the format outlined in this
section. The technical proposal will be a maximum of 15 pages total, not including staff resumés.
COVER LETTER
The cover letter will be addressed to:
Manuel Guzman
Construction Engineering Manager
The letter must be on proposer’s letterhead and include the proposer’s contact name, mailing
address, telephone number and email address. The letter will address the proposer’s
understanding of the services being requested and any other pertinent information the proposer
believes should be included.
The name, address, telephone number, and email address of the person authorized to represent
the firm with respect to all notices, negotiations, discussions, and other communications relating to
this proposal, to any negotiation relating to the contract should be included in the letter.
The letter must be signed by the individual authorized to bind the Consultant to the representations,
commitments, and statements in the proposal.
FIRM QUALIFICATIONS
The City will only consider proposals that demonstrate firms have successfully completed
comparable Project s. These Project s must illustrate the quality, type, and past performance of
the Project team. Submittals must include a detailed description of a minimum of three (3) Project
s within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager and contact information
3. Contract amount
4. Date of contract
5. Date of completion
6. Consultant Project Manager and contact information
7. Consultant Resident Engineer and contact information
8. Project Objective
9. Project Outcome: include original construction contract amount and final amount.
ORGANIZATION AND APPROACH
1. Provide an organizational chart identifying the Project manager for the work and each key
person who would be assigned to carry out the work and their respective roles in performing
the work – specifically the Resident Engineer(s) and any Assistant Resident Engineers,
inspectors, materials sampling and testing, other key support or contract administration
staff. Provide a separate description of the experience and qualifications of the Project
manager and each key person, including a summary of experience on similar Project s.
Resumés should be included for all key individuals as an appendix to the submittal.
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2. Describe your Project and management approach. Provide a detailed description of how
the team and scope of work will be managed.
3. A list of no more than three references for the consultant and no more than three references
for each subconsultants, including the names, addresses and telephone numbers of recent
related clients/Project s, preferably other public agencies and a listing of the specific Project
s and key individuals that have participated in them. Include the dollar amount related to
the participation. Identify how much experience the firm and subconsultant has had with
public agencies.
4. Describe your cost control and budgeting methodology for this Project.
5. Provide responses to the following:
a. Describe critical construction related issues associated with the Project and how you will
address these.
b. Describe critical environmental issues and how you will address these.
c. Describe how cost and schedule for the construction contract and your scope of work
could be minimized.
SCOPE OF WORK
This section should establish that the proposer understands the City’s objectives and requirements,
demonstrate the proposer’s ability to meet those requirements and outline clearly and concisely
the plan for accomplishing the specified work in accordance with the time schedule as outlined in
Appendix A, Scope of Services:
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Indication of information and participation the proposer will require from City staff.
3. Describe Project deliverables for each phase of your work.
CONTRACT AGREEMENT
Indicate any issues or proposed changes to the sample contract included as Appendix C.
The Consultant must provide a brief statement affirming that the proposal terms will remain in effect
for one hundred twenty (120) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and
accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
REFERENCES
A list of no more than three references for the consultant and three references for each
subconsultant, including the names, addresses and telephone numbers. These references may
be the same as the references listed above in IV. Proposal Format, Section C. Organization and
Approach.
FEE PROPOSAL
Within separate sealed envelope, submit a complete fee proposal for the scope of services. Provide
separate subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated
hours. Clearly identify fees for subconsultant services.
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OPTIONAL – ADDITIONAL SUPPORTING INFORMATION
Provide additional supporting information, not requested above, that you believe is pertinent to
evaluating your firm’s ability to provide comparable program services.
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X. CONSULTANT EVALUATION & CONTRACT AWARD
PROPOSAL RESPONSIVENESS
Responses to this RFP must be complete. Responses that do not include the proposal content
requirements identified within this RFP and subsequent addenda will be considered incomplete
and will receive no further consideration.
EVALUATION PROCEDURES
Proposals will be evaluated according to each weighted Evaluation Criteria and scored on a zero
to five-point rating scale shown in the table below. The scores for the Evaluation Criteria will then
be multiplied according to their assigned weight to arrive at a weighted score for each firm. A firm’s
proposal with a high weighted total will be deemed of higher quality than a proposal or interview
with a lesser-weighted total. The top 3 ranked firms may be selected for an interview, which would
be used to confirm ratings.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no
probability of success in achieving Project objectives per the RFP.
1 Poor
Below average, falls short of expectations, is substandard to that which is the
average or expected norm, has a low probability of success in achieving Project
objectives per the RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be
met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per the RFP. This
will be the baseline score for each item with adjustments based on interpretation
of the proposal by Selection Committee.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected
as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average
or expected as the norm. Excellent probability of success and in achieving all
objectives and meeting RFP requirements and expectations.
The Proposal Evaluation Criteria and their respective weights are as follows:
No. Criteria Weight
1 Understanding of Work Involved 5
2 Organization and Approach 5
3 Quality & Experience of Staff for Work 5
4 Firm Qualifications & References 5
TOTAL 20
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CONTRACT AWARD
The final selection of the awarded consultant will be contingent upon successful contract
negotiations and approval by the Public Works Director. The City Public Works Director will
administer and enforce the provisions of the contract.
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XII. APPENDICIES
APPENDIX A – SCOPE OF SERVICES
Consultant shall provide an experienced registered Civil Engineer Construction Manager and
support staff (as required) to manage the Project. Project Management services will include, but
not be limited to, all items associated with construction management and inspection services
necessary for Project completion and closeout.
Typical Duties – The Work Tasks, defined in section below, generally include the following:
1. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and Project personnel.
2. Provide technical and administrative management services for the Project,
coordination and oversight of all activities related to the construction of the Project and
provide constant communication to the Project Manager of activities and concerns on
the Project. Review all prepared documents with the Project Manager prior to
submission to the Contractor.
3. Evaluate cost reduction incentive proposals and provide recommendations to Project
Manager for acceptance or denial.
4. Perform the duties of Resident Engineer and Assistant Resident Engineer in
accordance with Caltrans procedures including construction inspection, pay quantity
calculations, materials sampling and testing, and compliance monitoring with Project
plans, specifications, permits, environmental documents, and agreements.
5. Review and monitor the contractor’s schedule through weekly meetings, and maintain
an as-built schedule.
6. Maintain binders of job records.
7. Prepare daily inspection and materials records and weekly status reports, and
stormwater compliance documentation.
8. Prepare all correspondence related to Project activities and review with the Project
Manager.
9. Identify actual and potential problems associated with the construction Project and
consult with the design engineer and Project Manager to implement engineering
solutions.
10. Coordinate submittal reviews and timely approvals with the design team and Project
Manager.
11. Prepare and approve progress payments and supporting documentation. The City will
provide signature authorization of monthly payments.
12. Pre-negotiate and prepare contract change orders. The City will provide signature
authorization of contract change orders.
13. Perform labor and subcontracting compliance tasks including labor interviews and
verifying certified payrolls and subcontractors utilization.
14. Complete record drawing markups daily, final Project certification, as outlined in Task
5, “Post-Construction Services.”
15. Recommend Project acceptance in accordance with City Standard Specifications and
procedures.
16. Ensure full compliance to Americans with Disabilities Act (ADA).
Work Tasks - A preliminary scope of services follows and includes identified work tasks.
Task 1 – Pre-Construction Services
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This task includes pre-construction services including, but not limited to the following:
Review and familiarization with contract plans, specifications, permits and
agreements, including subsurface utility relocation work. If contract conflicts, errors,
or omissions are discovered, convey to City and design engineer for correction if
prior to Project advertisement
Assist the City in evaluation of bids received.
Review Resident Engineer files. Resident Engineer’s files consist of design
engineer memos to Resident Engineers, and technical reports, environmental
document, permits, and studies.
Prepare a Resident Engineer’s Project schedule which includes all pre-construction
and utility relocations by others, and notification timelines noted on all permits,
agreements, and contract documents. Upon receipt of Contractor’s schedule,
evaluate and confer with the Contractor regarding workability of the schedule or
suggest changes that may improve the schedule and update Resident Engineer’s
schedule.
Prepare Project instructions and establish proposed contract administration and
record keeping procedures to be used during construction for review and approval
by Project Manager.
Attend meeting with City and Design Engineer to discuss design features. The
intent of this meeting is to answer questions from the Resident Engineer, meet key
staff, and review contract administration procedures.
Establish electronic records file structure and protocol for daily uploading to City
network.
Prepare meeting agenda identifying attendees and conduct a pre-construction
conference with the Contractor awarded the construction contract. Prepare and
circulate meeting minutes.
Follow Caltrans Standard Specifications Section 5-1.43, Potential Claims and
Dispute Resolution in establishing a Dispute Resolution Advisor (DRA) or Dispute
Resolution Board (DRB) as mutually agreed to by the City and the Contractor. The
agreed to process shall be reviewed and approved by Project Manager.
Establish correspondence protocols for contractor – construction management
communications to allow for clear tracking of correspondence sequences and
responses.
Task 2 – Construction Services
This task includes Project management, construction administration, scheduling, Project
observation/inspection, and materials testing during construction. Consultant management
services shall be in accordance with the Caltrans Local Assistance Program and
Construction Manuals, including but not limited to the following:
Project Coordination and Communication
Serve as the focal point for coordination among the contactor, surveyors, material
testers, design team, the Project Manager, other agencies, utility companies, and
other parties.
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Maintain close contact with Project Manager and the design team and review all
correspondence with the Project Manager prior to issuance. Maintain and track
correspondence in an organized manner throughout the Project.
Receive all Contractor correspondence and prepare and transmit responses.
Coordinate with applicable parties, as required, to develop responses.
Conduct weekly, or as necessary, construction contract coordination meetings with
the Contractor. Take minutes and distribute to parties designated in the Project
instructions.
Schedules, Progress Meetings, and Reports
Review Contractor’s planned schedule for conformance with the specifications and
for reasonableness of the sequence and duration of the activities. Provide
acceptance or correction noticing to Contractor.
Review work progress as compared to the planned schedule and notify Contractor
of schedule slippage. Analyze schedule to determine impact of weather and change
orders. Obtain from Contactor updates of construction schedule incorporating
actual progress, weather delays, and change order impacts. Negotiate time
extensions due to change orders and other delays.
Prepare and submit a monthly progress report to Project Manager describing key
issues, cost status, and schedule status.
Maintain as-built schedule
Payment
Review Contractor’s initial schedule of values for reasonableness and ease of
monitoring.
Prepare monthly quantity calculations to support progress payments.
Review and approve quantities submitted with monthly progress payment requests,
negotiate differences over amount, and process payments through the Project
Manager.
Submittals and Requests for Information (RFI)
Receive, stamp, and log submittals, and review and approve, or distribute for review
as necessary.
Monitor the review and return of submittals to Contactor. Provide reminders in
advance of deadlines for submittal reviewers
Develop and maintain a submittal tracking list to identify parties responsible for
review and acceptance, and received and response due dates.
Receive, process, and monitor Requests for Information (RFI) from Contactor.
Prepare responses to RFI related to construction issues in a timely manner.
Transmit design-related RFI to Design Engineer and copy the Project Manager.
Conduct meetings with Contractor and other parties, as needed, to discuss and
resolve RFI.
Change Orders
Evaluate potential change orders for compliance with permits, environmental
documents and other on-site and construction constraints. Provide appropriate
feedback for modifications or adjustments to change order proposals.
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Prepare Cost Request Bulletins, perform quantity and cost analysis, as required,
for negotiation of change orders, and negotiate payment for contract change
orders.
Prepare change orders related to construction issues based on drawings,
specifications, and other information from the City, design team, Project Manager,
or Contractor.
Perform change order administration, including obtaining City approval of change
order requests, issuing proposed change orders to Contractor, maintaining logs of
proposed change orders, receiving change order quotations from Contractor,
negotiating change order costs and time extension, processing final negotiated
change orders, and incorporating approved change order into progress payment
breakdown.
Prepare recommendations to accompany change order documents and forward to
Project Manager for review and approval. Obtain Contractor signature and provide
to the City for execution.
Construction Observation/Inspection Services
Provide experienced and qualified inspectors who are acceptable to the City.
The inspectors will ensure compliance with all aspects of the construction contract
by continuously monitoring, evaluating, approving or rejecting the Contractor’s work
in accordance with the approved construction contract documents.
Review laboratory, shop and mill test reports of materials and equipment, and
coordinate as required with the Design Engineers.
Review the safety programs developed by the Contractor as required by the
contract documents and monitor the Contractor's compliance.
Determine that the Contractor’s work is being performed in accordance with City
requirements and in accordance with the requirements of the contract documents.
Endeavor to guard the City against defects and deficiencies in the work. As
appropriate, require special inspection or testing, or make recommendations to the
City regarding special inspection or testing of work not in accordance with the
provisions of the contract documents, whether or not such work is fabricated,
installed or completed. Subject to review by City, reject work, which does not
conform to the requirements of the City or the contract documents.
Record the progress of the Project. Provide accurate and precise daily inspection
reports. Submit written daily progress reports to the City, including information on
Contractor and the entire Project, showing percentages of completion and the
number and status of change orders.
Keep daily logs containing a record of weather, Contractor's work on the site,
number of workers, work accomplished, problems encountered, and other relevant
data. Make the log available to the City. Prepare and send a Weekly Statement of
Working Days to the Contractor.
Check certified payrolls and monitor Contractor's compliance with labor code
requirements.
Monitor all inspection activities, both City provided and any consulted out
inspections.
Consolidate punch list items indicating work remaining for Project closeout.
Claims
Receive and analyze Notices of Potential Claim and Claims submitted.
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Review Notices and Claims with the Contract to verify understanding and determine
if reasonable solution exists to address and eliminate the Claim. Review
resolutions with the Project Manager and prepare appropriate response.
Perform claims administration, including coordinating and monitoring claims
response preparation, logging claims, and tracking claims status, and response
deadlines.
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
Materials testing and specialty inspection services will be required for construction of the
Project and provided by the Consultant or subconsultant, as directed by the Consultant.
Consultant shall review and monitor testing for compliance with the Project requirements.
The materials testing requirements include, but are not limited to, the following:
Select and retain the professional services of special consultants and certified
testing laboratories. Monitor and coordinate their services.
Provide a quality control service including inspection and testing of all materials,
such as but not limited to, steel strength, concrete strength, gravel gradations, soil
compaction in accordance with the Project plans and specifications.
Task 4 – Surveying
Surveying is anticipated to be performed by Consultant’s Staff as directed by the
Construction Manager. The Construction Manager shall review and monitor surveys to
verify compliance with the Project requirements. The surveying requirements include, but
are not limited to, the following:
Provide construction surveying services per the latest Caltrans “Survey Manual”
and its revisions.
Surveys performed by the Engineer shall conform to the requirements of the Land
Surveyor’s Act. Responsible Charge for the work shall reside with a January 1,
1982 Registered Civil Engineer or a licensed Land Surveyor in the State of
California.
The minimum standard of survey quality shall be that of similar surveys performed
by Caltrans.
The City will designate the existing horizontal and vertical control monuments that
are to be the basis of all surveys. City will provide the California coordinate system
values and elevations of these monuments. The Consultant shall adjust all
Consultant performed surveys to the designated control monuments and their
values.
Monuments established by the Consultant shall be marked by the Consultant with
State furnished disks, plugs, or tags. In addition, the Consultant shall identify
Consultant established monuments by tagging or stamping the monuments with
the license or registration number of the Engineer’s surveyor who is in “responsible
charge” of the work. Replacement of survey monuments shall be the responsibility
of the Consultant. All new monuments shall be set in accordance with current City
and Land Surveyors Act requirements.
Task 5 – Construction Environmental Mitigation and Monitoring
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The Environmental Monitor shall sign off and approve compliance with the approved MMRP
and document implementation of all BMP and on and off-site mitigation measures included
in the Project specifications.
Work Tasks – Provide a scope of services and work tasks necessary for oversight and
compliance with Phase 1B and Phase 2 Mitigation and Monitoring Plan prepared by
Rincon (attachment G1 and G2). See appendix G1 and G2 for full listing of services require
for inclusion in this task of the proposal.
For example, the environmental monitoring requirements include, but are not limited to,
the following:
Consultant shall provide qualified biologists to perform pre-construction surveys.
The pre-construction surveys should also include a photograph record of the pre-
construction condition of the site. Initial field inspections to establish no species
are present (nesting surveys, etc.)
Training of the construction crews on what to look out for (including new crew
orientation). Live training is required for when the job starts to include: foreman,
supervisors, Project managers, and resident engineers. Once this initial training is
completed then Project specific training videos shall be created for small crew
changes.
Air Quality monitoring
Cultural/Archeological monitoring during all Project earthmoving activities
Verify placement of noise related signage
Paleontological monitoring for initial ground disturbance deeper than 10-feet
Task 6 – Post-Construction Services
The post-construction services task includes Project closeout after the work is complete.
The post-construction services requirements include, but are not limited to, the following:
Compile record drawing information, and provide one copy of red-lined Project
drawings to the City.
Compile any outstanding claims and documentation together in a coherent
package.
The design consultant will provide Project changes to original design mylars to
complete the record set.
Final payment will be recommended by Consultant to the City and all remaining
Project files (organized in the manner specified in the Caltrans Construction Manual
or otherwise specified in Project Plans & Specifications) will be transmitted to the
City.
Project Certification and a Notice of Completion shall be provided in consultation
with the City.
All claims shall be processed in accordance with Caltrans 2015 Standard
Specifications Section 5-1.43, Potential Claims and Dispute Resolution.
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APPENDIX B – VICINITY MAP
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APPENDIX C – SAMPLE CONTRACT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for Structural Engineering Design Services
per Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is made and
entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods as may be
agreed upon by the City and the Consultant. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may notify
the Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Consultant to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Consultant's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice
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of Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the
value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the Project, as may be determined in the City's sole discretion, so as to permit
a full and complete accounting of costs. In no event, however, shall the Consultant be entitled
to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the contract for
convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by
the Director that termination of the contract is in the best interest of the City. Upon termination
notice from the City, Consultant must, unless otherwise directed, cease work and follow the
City’s directions as to work in progress and finished goods. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the
services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all applicable federal,
state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved
in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various laws
and regulations as well as performance of the contract, the Consultant and sub-consultants
shall maintain all books, documents, papers, accounting records and other evidence pertaining
to the performance of the contract, including but not limited to the cost of administering the
contract. Materials shall be made available at their respective offices at all reasonable times
during the contract period and for three years from the date of final payment under the contract.
Authorized representatives of the City shall have the option of inspecting and/or auditing all
records. For Federally funded Project s, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
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10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any
ensuing City construction Project. The Consultant shall also list current clients who may have
a financial interest in the outcome of this contract, or any ensuing City construction Project
which will follow. The Consultant staff shall provide a Conflict of Interest Statement where
determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—
direct, indirect or otherwise—that would conflict in any manner or degree with the performance
of the work hereunder. The Consultant further covenants that, in the performance of this work,
no sub-consultant or person having such an interest shall be employed. The Consultant
certifies that no one who has or will have any financial interest in performing this work is an
officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder, the Consultant shall at all times be deemed an independent Consultant and
not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this
contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the
warranty, the City shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract
that no person or selling agency has been employed, or retained, to solicit or secure this
contract upon an agreement or understanding, for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business. For breach or
violation of this warranty, the City has the right to annul this contract without liability; pay only
for the value of the work actually performed, or in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of
and shall observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
This includes compliance with prevailing wage rates and their payment in accordance with
California Labor Code. For purposed of this paragraph, “construction” includes work performed
during the design and preconstruction phases of construction, including but not limited to,
inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses,
pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s
work. The City will pay all application fees for permits required for the completion of the Project
including building and regulatory permit application fees. Consultant will provide a 10 day notice
for the City to issue a check.
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16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Consultant's operations, it shall be replaced or restored at the
Consultant's expense. The facilities shall be replaced or restored to a condition as good as
when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work,
the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may
employ, to engage in discrimination in employment of persons on any basis prohibited by State
or Federal law.
21. Accuracy of Specifications. The specifications for this Project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all sub-
consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been
ascertained by examining either the Project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the specifications will be as determined by law,
any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal
submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against
the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that
the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or
sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the proposal.
To the extent that these specifications constitute performance specifications, the City shall not
be liable for costs incurred by the successful Consultant to achieve the Project ’s objective or
standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant
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shall immediately notify the City in writing, and the Consultant and all sub-consultants shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and
against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its
obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising
from the sole or active negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code Section
2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted
by law (including, but not limited to California Civil Code Sections 2782 and 2782.8),
Consultant shall indemnify, defend, and hold harmless the City, and its elected officials,
officers, employees, volunteers, and agents (“City Indemnitees”), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the
City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims.
(c) Design Professional Services:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City and any and all of its officials, employees and agents (“Indemnified
Parties”) from and against any and all claims, losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs, to the extent they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault shall be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by way of
settlement or resolution without a court, jury or arbitrator having made a
determination of the Consultant’s percentage of fault, the Parties agree to mediation
with a neutral third-party to determine the Consultant’s proportionate percentage of
fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
Notwithstanding the foregoing and without diminishing any rights of City in the
preceding paragraph, for any liability, claim, demand, allegation against City arising
out of, related to, or pertaining to any act or omission of Consultant, but which is not
a design professional service, Consultant shall defend, indemnify, and hold harmless
the Indemnified Parties from and against any and all damages, costs, expenses
(including reasonable attorney fees and expert witness fees), judgments,
settlements, and/or arbitration awards, whether for personal or bodily injury, property
damage, or economic injury, and arising out of, related to, any concurrent or
contributory negligence on the part of the City except for the sole or active negligence
of, or willful misconduct of the City.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or
defense obligations. This Section survives completion of the services or the termination of
this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall be
used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and
signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items necessary to
provide the work scope outlined in the Request for Proposal, incorporated herein by reference
and attached hereto as Exhibit [X]. City staff will review any documents or materials provided
by the Consultant and, where necessary, the Consultant will respond to staff comments and
make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership and title
to all reports, documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the city and no further agreement will be necessary to transfer
ownership to the City. The Consultant shall furnish the City all necessary copies of data needed
to complete the review and approval process.
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It is understood and agreed that all calculations, drawings and specifications, whether in hard
copy or machine readable form, are intended for one-time use in the construction of the Project
for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by
the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities,
or losses arising out of, or connected with any use by City of the Project documentation on other
Project s, except such use as may be authorized in writing by the Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required to
furnish in limited quantities as part of the work or services under these specifications, the
Consultant shall provide such additional copies as are requested, and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings
with staff as necessary in performing workscope tasks.
31. Requests for Review. The Consultant shall respond to all requests for submittal review or
contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the Project scoping meeting, the Consultant
shall submit a proposed workscope, compensation and schedule within 10 working days. The
cost proposal shall include all costs including miscellaneous direct cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by
Project work phase or, in the case of on-call contracts, by Project title. Invoice must include a
breakdown of hours billed and miscellaneous charges and any sub-consultant invoices,
similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and Consultant
shall receive therefore compensation in a total sum not to exceed the individual agreed upon
Project fee. Should the Consultant’s designs, drawings or specifications contain errors or
deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed
to on a Project by Project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In
addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost
that have been identified and are attached to this agreement. The Consultant’s personnel shall
be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State
employees under State Department of Personnel Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the
City of an original invoice and acceptance by the City of the materials, supplies, equipment or
services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by a committee
consisting of the City’s Project Manager and the City Director of Public Works, who may
consider written or verbal information submitted by the Consultant. Not later than thirty days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal
Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than
30 days after issuance of the final audit report, the Consultant may request a review by the
City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted
in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant
from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Project s. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs” when Project work is for a federally funded Project. In order to ensure the State
Department of Transportation achieves its federally mandated statewide overall DBE goal, the
City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will make a determination on a Project by Project basis for reasonably
expected DBE participation to compete for the sub-consulting opportunities in this agreement.
The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part
26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded Project s, maintain records of DBE usage and complete and submit to the City
the final report of DBE utilization prior to receiving final payment. Records shall show the name
and business address of each DBE and the total dollar amount actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and
administration of US DOT assisted agreements. Failure by the Consultant to carry out these
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requirements is a material breach of this agreement, which may result in the termination of this
agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM and
Consultant's proposal dated [DATE], are hereby incorporated in and made a part of this
Agreement and are attached hereto as Exhibit [X]. Should there be any conflict between
terms set forth in the City Request for Proposals Specification No. 90435-CM and
Consultant’s proposal dated [DATE], the terms in this agreement and City Request for
Qualifications Specification No. 90435-CM will govern.
40. Amendments. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Engineer.
41. Working Out of Scope. If, at any time during the Project, the consultant is directed to do work
by persons other than the City Project Manager and the Consultant believes that the work is
outside of the scope of the original contract, the Consultant shall inform the Project Manager
immediately. If the Project Manager and Consultant both agree that the work is outside of the
Project scope and is necessary to the successful completion of the Project, then a fee will be
established for such work based on Consultant's hourly billing rates or a lump sum price agreed
upon between the City and the Consultant. Any extra work performed by Consultant without
prior written approval from the City Project Manager shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding or representation be binding upon the parties hereto. For and in consideration
of the payments and agreements hereinbefore mentioned to be made and performed by City,
Consultant agrees with City to do everything required by this Agreement, the said specification
and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 33
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Name of Company
_______________________________
Matt Horn, Director of Public Works By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 34
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX D – QUALITY ASSURANCE PROGRAM
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 35
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 36
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 37
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
City of San Luis Obispo RFP No. 90435‐CM July 2022 Page 38
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CULTURAL
ARTS DISTRICT PARKING STRUCTURE PROJECT
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE
(Attached as a separate document in BidSync)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT B
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
REQUEST FOR PROPOSALS // CITY PROJECT NO. 90435-CM
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
September 1, 2022
EXHIBIT BDocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 MARSH STREET, SUITE 150, SAN LUIS OBISPO, CA 93401 | TEL. 805.706.0276 | WWW.KITCHELL.COM
September 1, 2022
Mr. Manuel Guzman, Construction Engineering Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Proposal for Resident Engineer and Construction Management Services, Cultural Arts District Parking Structure, City Project No. 90435-CM
Dear Mr. Guzman and Members of the Selection Committee:
As an experienced construction manager with a solid foundation in general contracting, Kitchell is known for delivering quality projects and providing high value services to our clients. It is with great pleasure that we submit our
proposal to perform resident engineer and construction management services for the New Cultural Arts District Parking Structure project. Our relational project management approach coupled with an extensive record of successful
project delivery will fulfill your expectations and provide you satisfaction with the end result. Our commitment to these goals has resulted in more than eighty-five percent of our work derived from repeat business.
We Have the Right Team
With over 303 project and construction management professionals, we have the capacity, skill and enthusiasm to implement our time-tested project management tools and techniques to achieve project success. Project Director Tully
Wyatt will work with you to ensure your complete satisfaction with our services and deliverables. Resident Engineer Andy Goh will fulfill the Resident Engineer duties and responsibilities as defined by Caltrans. Senior Project
Manager/Assistant Resident Engineer Tom Fee will serve as our on-site representative to the City and will function as an extension of your staff, working integrally with City personnel, design professionals, the contractor, special
consultants and stakeholders to deliver the project on time, under budget and with high quality.
Our proposed project team members have demonstrated a long-term commitment to the pursuit of project excellence, are at the top of their respective professions, and will be dedicated to the task of serving the City through
interactive collaboration, effective oversight of design professionals, contractors, outside agencies and effective management of the project as a whole.
Local Commitment
As a firm invested in the Central Coast for the long term through our established local San Luis Obispo office and widening project base, we understand the local construction market and will serve as a local resource in receiving
responsive bids from qualified contractors. Our long-term commitment to local clients by staff members who understand the issues unique to the Central Coast, provides the City with assurance that we share your desire for success.
Depth of In-house Resources
Unlike most construction management firms, Kitchell has a full complement of in-house engineering and architectural support service professionals consisting of registered architects and licensed engineers in every discipline. In
addition, Kitchell has in-house facilities management, commissioning, estimating and scheduling personnel each skilled and qualified in their respective disciplines. This team of dedicated professionals is equipped to resolve highly
complex technical challenges on a moment’s notice.
Kitchell would consider it an honor to serve the City of San Luis Obispo in carrying out resident engineer and construction management services for the New Cultural Arts District Parking Structure project as a collaborative member of the
City’s team. We appreciate your consideration and look forward to the opportunity to personally demonstrate our qualifications as we progress in the selection process.
Sincerely,
Wendy Cohen, CCM Randy Rominger, LEED AP, Assoc. DBIA
President Principal-in-Charge
(Authorized to bind the firm)
FIRM CONTACT/AUTHORIZED REPRESENTATIVE
Name: Randy Rominger, Principal-in-Charge | Address: 1540 Marsh Street, Suite 150 | San Luis Obispo, CA 93401
tel. 805.706.0276 | email. rrominger@kitchell.com | Kitchell acknowledges and accepts receipt of Addendum #1 dated July 25, 2022.
Randy is the authorized to represent the firm with respect to all notices, negotiations, discussions and other communications relating to
this proposal.
E. Cover Letter
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
F. Firm Qualifications
Industry Leading Expertise
Established in 1950, Kitchell is a 100% employee-owned company dedicated to providing construction
management and general contracting services in the Western United States. Our firm’s innovations in management
and reliability in delivering projects on time and within or under budget have earned us a reputation for superior
performance.
Since Kitchell’s inception, we have completed over $53 billion in public sector construction representing
more 3,600 projects in parking structures, civic centers, education facilities, courthouses, municipal office
buildings, detention and criminal justice centers, healthcare facilities, sports complexes, police/fire stations and
performing/cultural arts centers. Having been in business for 72 years, Kitchell has proven its long-term stability
and financial strength. As a construction management firm, Kitchell is consistently ranked amongst Engineering
News Record’s top construction management firms.
Focusing on the public sector has allowed us to develop management and project control techniques targeted to
its specific needs. Our methods have been very successful—more than 85% of our work comes from repeat
clients. We deliver our services using a variety of delivery strategies including agency and multiple prime CM,
construction management at risk, lease-leaseback, design-build and the traditional design-bid-build.
EXPERIENCE AT A GLANCE
14M SF
OF PARKING PARKING STALLS
45,000
CENTRAL COAST
CONSTRUCTION
$1.7B
CAL POLY SAN LUIS OBISPO, YAK?IT?UT?U RESIDENTIAL COMMUNITY
SAN LUIS OBISPO, CA (COMPLETED 2020)
Construction management services for a $204 million, 562,446 SF project featuring eight structures with four
and five levels above grade. The project featured single, double and quad units totaling 1,475 beds for first year
students and associated parking totaling 154,363 SF and over 450 stalls.
1. Contracting Agency:California Polytechnic State University, San Luis Obispo
2. Contracting Agency PM:Anthony Palazzo, Executive Director
tel. 805.756.6538 | email. arpalazzo@calpoly.edu
3. Contract Amount:$3.9 million
4. Date of Contract:Jan 2013
5. Date of Completion:Jan 2020
6. Consultant PM:Tully Wyatt, Project Manager | tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$165 million (Original Construction) | $172 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
5 yrs
Randy Rominger
PROJECT TEAM:
Tully Wyatt
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 3
CITY OF CHANDLER,
OREGON STREET PARKING STRUCTURE
CHANDLER, AZ (COMPLETED 2019)
Construction management services for a new $23 million, five-level, 293,000 SF, 932-space parking garage for the
City of Chandler, which includes a road realignment along Oregon Street as well as intersection improvements at
Arizona Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much needed parking
options for those accessing City Hall as well as restaurants and other venues in the bustling area. The structure is
located to the west of City Hall across Arizona Avenue on the northwest corner of Chicago and Oregon streets.
SAN LUIS OBISPO RTA,
BUS MAINTENANCE FACILITY
SAN LUIS OBISPO, CA (COMPLETED 2022)
Construction management services for a new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The facility
accommodates operations, administration and maintenance areas and includes detached enclosures on-site,
including a trash enclosure and canopy over bus parking. Work also includes off-site improvements, specifically the
T-intersection for future Elks Lane realignment.
1. Contracting Agency:City of Chandler
2. Contracting Agency PM:Paul Ahlas, Construction Project Manager - PW & U - Capital Projects
tel. 480.782.3328 | email. paul.ahlas@chandleraz.gov
3. Contract Amount:$1.2 million
4. Date of Contract:June 2018
5. Date of Completion:December 2019
6. Consultant PM:Ralph Schulte
tel. 515.822.8735 | email. rschulte@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$19 million (Original Construction) | $20.8 million (Final Amount)
1. Contracting Agency:San Luis Obispo Regional Transit Authority
2. Contracting Agency PM:Geoff Straw, Executive Director
tel. 805.781.4472 | email. gstraw@slorta.org
3. Contract Amount:$1.6 million
4. Date of Contract:June 2020
5. Date of Completion:February 2022
6. Consultant PM:Tully Wyatt, Project Manager
tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:Troy Hart, Resident Engineer | tel. 805.448.8653 | email. thart@kitchell.com
8. Project Objective:See description above.
9. Project Outcome:$16.8 million (Original Construction) | $17.4 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
COMPLETED IN
PAST 5 YEARS
5 yrs 5 yrs
Andy Goh Randy Rominger
PROJECT TEAM:PROJECT TEAM:
Heather Brown Tully Wyatt Ryan Stefanek
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 4
Additional Parking Structure Experience
CITY OF SANTA MONICA, PARKING STRUCTURE 6,
SANTA MONICA, CA
A $44.6 million project consisting of demolition and rebuilding of a public parking
structure located directly behind Santa Monica’s largest tourist attraction, the 3rd
Street Promenade. The new structure is 11-stories (eight levels above grade and
three levels subterranean) and contains approximately 750 total spaces. Other
features include 30 electrical vehicle charging stations and infrastructure for future
charging stations, a 90-bicycle bike rack and rooftop solar panels. The structure is
LEED Gold Certified.
SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM,
PARKING GARAGE ANNEX, SALINAS, CA
A new $36 million, 79,700 SF, four-level parking structure serving as an extension
to the existing parking structure. The new garage provides a net increase of 166
parking stalls and includes a basement level with 20,000 SF of office and hospital
support space.
SMUD HEADQUARTERS REHABILITATION & PARKING
STRUCTURE, SACRAMENTO, CA
A $135 million complete renovation of the 120,000 SF office building and 45,000
SF parking garage. The building is divided into three sections: south wing, core
and north wing. The south wing is four levels above grade with a full floor below
grade; the core is five levels above grade and one floor below grade; and the north
wing has three parking levels and a two-story office portion above the parking
garage.
UC SAN DIEGO, NORTH TORREY PINES LIVING AND
LEARNING NEIGHBORHOOD, SAN DIEGO, CA
A new $628 million project consisting of over 1.6 million GSF of student housing,
parking, academic space and retail targeting LEED Platinum certification. The Living
Learning Neighborhood provides approximately 2,000 new beds, resident facilities
and support space for undergraduate students, new instruction and research space
for departments and programs within the Divisions of Social Sciences and Arts and
Humanities as well as general assignment classrooms. Buildings are varied heights
with some individual buildings reaching up to 14 stories. The neighborhood also
includes an underground parking structure with 1,200 spaces.
G. Organization &
Approach
TULLY WYATT, dbia, leed ap
Project Director
CORE TEAM
ANDY GOH, pe
Resident Engineer
TOM FEE
Sr. Project Manager/Assist. Resident Engineer
RYAN STEFANEK
Quality Assurance Manager
MATTHEW HARMS
Project Engineer
SUBCONSULTANTS
CHARLES ZANOLI
Testing & Inspections (Earth Systems)
STEVE WEBSTER, ls
BRIAN HELLWIG
Surveying (RRM Design Group)
COLBY BOGGS
MICHAEL TOM, ms
CASEY CLARK
CHRISTOPHER DURAN, rpa
DUSTIN MERRICK, rpa
JENNIFER DICENZO
Environmental Monitoring (Rincon Consulting)
As-Needed In-House Support Services
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
HEATHER BROWN, pe, leed ap, cpmp
Engineering & Architectural Services Director
MATT CHAPPELL, eit, cep
Estimating Manager
RICK STASSI
Scheduling Manager
1. Provide an organizational chart identifying the Project manager for the work and each key person who would be
assigned to carry out the work and their respective roles. Resumés should be included for all key individuals as an
appendix.
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CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 5
Roles & Responsibilities
Our project team has been assembled based on their ability to deliver to the City of San Luis Obispo (SLO) the most
efficient, cost effective and best-suited skills of our professional and support personnel. The ultimate success
of the Cultural Arts District Parking Structure project is heavily dependent upon the experiences of the team. In
developing our project team, staffing continuity is a key element in our approach to managing the project. The
proposed team is proven in its capabilities and understands the complexities of parking structure construction.
Kitchell’s project team is familiar with the local contracting community and has developed strong local contractor
and subcontractor relationships. This maximizes the competitiveness translating to lower bid prices from the other
important team members—the contractor and its subcontractors.
Project Director Tully Wyatt will facilitate communication and decision making at all levels. He
will ensure total team commitment of all resources to achieve the City’s objectives for the project, be
present at key meetings and will be available continuously to the project team and City management
staff. He will conduct risk assessments, participate in issue resolution and perform periodic site reviews
to ensure the City’s objectives for schedule, budget and quality are being achieved.
As a California Registered Civil Engineer, Andy Goh will fulfill the Resident Engineer duties and
responsibilities as defined by Caltrans. He will study and become completely familiar with project
plans, specifications, permits, environmental documents and agreements. He will work with our on-
site team to organize and conduct construction inspections, materials testing and special inspections
and environmental mitigation monitoring. He will review pay quantity calculations and ensure our
team is monitoring the contractor’s compliance with the contract documents.
Senior Project Manager/Assistant Resident Engineer Tom Fee will serve as Kitchell’s full-time
on-site representative to the City of SLO and will function as an extension of your staff, working
integrally with the project team. He will work in close coordination with Andy to fulfill the Resident
Engineer responsibilities and will manage cost and time in accordance with the master project
budget and schedule. He will drive the advancement of project efforts from preconstruction through
completion. Tom will perform preconstruction services and deliverables and will be responsible for the
timely completion of all construction phase deliverables. He will manage and administer contracts,
report progress, interpret documents, conduct progress meetings, manage the progress payment
process, facilitate resolution of field issues, and coordinate project punchlist, completion and turn over.
Tom’s parking structure experience and his understanding of the local construction market will prove
to be valuable assets to the City and the project team.
Quality Assurance Manager Ryan Stefanek will serve on-site full-time during the construction
phase and will develop and implement a project-specific quality assurance program. He will manage
and coordinate submittal compliance, preinstallation meetings, mock-up reviews, inspections, testing,
surveying, environmental mitigation monitoring and SWPPP compliance.
Project Engineer Matthew Harms will serve on-site full-time during the construction phase. He
will be responsible for the preparation and processing of project-related documentation including
requests for information, submittals, design supplements, and project closeout documentation. He
will maintain Kitchell’s project information system.
As-Needed In-House Support Services
Principal-in-Charge Randy Rominger will be responsible for ensuring client satisfaction with our
team’s services, personnel, quality and contractual obligations.
Estimating Manager Matt Chappel will lead our estimating team to validate project cost in
accordance with the established project budget, lead estimating efforts that may be requested of
Kitchell, participate in bid analysis and review contractor proposed change quotations.
Engineering and Architectural Services Manager Heather Brown will lead our team’s
registered architects and licensed engineers to provide engineering support services as needed
throughout the course of the project.
Scheduling Manager Rick Stassi will lead our scheduling team to provide scheduling support to the
project team assisting in the development and maintenance of the Resident Engineer’s schedule. He
will also assist the project team with in-depth review and analysis of contractor submitted schedules,
monthly updates and delay fragnets.
Subconsultants
Charles Zanoli with Earth Systems will perform code compliance inspections as well as materials
testing and special inspections as described in Task 3 of the RFP. Charles will also support applicable
portions of Task 2.
Steve Webster and Brian Hellwig with RRM Design Group will perform surveying as described
in the RFP, Task 4.
Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick and Jennifer
DiCenzo of Rincon Consulting will perform construction environmental mitigation and monitoring
as described in the RFP, Task 5.
Our proposed construction management team is 100% dedicated to your success from conception through
completion. We will support the City of San Luis Obispo to ensure your Cultural Arts District Parking Structure
project moves forward smoothly through closeout. Our team’s commitment goes beyond the job—they
strive to see success in the community where they live and work.
100 %
Dedicated to the success of your Cultural Arts
District Parking Structure
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CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 6
Project & Management Approach
Our approach to project management and the use of proper
documentation from our project management information
system, developed and proven over time, provides our team
with the information necessary to keep the Phase 1B and
Phase 2 projects within the established parameters for budget,
schedule and quality.
Kitchell will act as liaison with the City, design professionals
and other consultants to facilitate and coordinate the
execution of construction contracts, construction coordination and overall project management. We will act as the
City’s representative, advising and consulting with the City and the design professional.
We will monitor the work of contractors for deficiencies in the work and conduct a quality assurance program in
cooperation with the design professionals and City quality assurance personnel. Earth Systems, our materials
testing subconsultant will be carefully scheduled and monitored. We will notify the contractors and City Staff
of deficiencies and follow through to ensure corrections are made in a timely manner. Informal ongoing punch
lists will be generated to correct deficiencies as the projects proceed instead of waiting until the conclusion of the
project to resolve quality issues in a timely manner.
We will administer and coordinate the contracts, paying special attention to cost, contractor performance and
quality. Through on-site coordination, regular progress meetings, thorough documentation and consistent
schedule updates, we will ensure construction is completed on schedule, within budget and within the prescribed
expectations of quality.
Upon commencing services, our team develops several project management tools to facilitate complete and
efficient delivery of services. These documents include a responsibility matrix, deliverables checklist, master
schedule, cost control report, quality assurance (QA) plan and risk assessment. The responsibility matrix includes
both external (among the entire project team) and internal (among the Kitchell team) responsibilities to bring
clarity to assignments.
Our Project Director Tully Wyatt attends progress meetings monthly (more often as the needs dictate)
and conducts an on-site quality assurance assessment with the on-site team. The on-site team develops and
implements a QA mitigation plan for the identified QA deficiencies.
Tully conducts project health assessments with the on-site team on a quarterly basis. The project health
assessment includes a risk assessment, review of the deliverables checklist, review of the project schedule, review
of the cost control plan and review of the QA plan. The on-site team develops and implements a mitigation plan
following each quarterly health assessment.
2. Describe your Project and management approach. Provide a detailed description of how the team and scope of
work will be managed.
3. A list of no more than three references for the consultant and no more than three references for each
subconsultants including a listing of the specific Projects and key individuals that have participated in them. Include
the dollar amount related to the participation. Identify how much experience each firm has had with public agencies.
Public Agency 1:San Luis Obispo Regional Transit Authority | Geoff Straw, Executive Director
Address/tel.:253 Elks Lane | San Luis Obispo, CA 93401 | tel. 805.541.2228 ext. 4465
Project/Amount:Bus Maintenance Facility ($17.5 million)
Staff:Randy Rominger, Tully Wyatt and Ryan Stefanek
Public Agency 1:County of San Luis Obispo, Department of Airports | Craig Piper, Deputy Director
Address/tel.:903 Airport Drive, Suite 5 | San Luis Obispo, CA 93401 | tel. 805.781.5205
Project/Amount:San Luis Obispo County Regional Airport Passenger Terminal ($39.5 million)
Staff:Charles Zanoli
Public Agency 2:Cal Poly San Luis Obispo | Anthony Palazzo, Executive Director
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.6538
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Randy Rominger and Tully Wyatt
References
Don’t take our word for it...Our clients are our strongest advocates!
Our firm’s success is a reflection of the abilities of our staff and Kitchell as a whole. Below are references for which
Kitchell has provided construction management services for their large public works capital improvement projects.
In addition, we have included two references for each of our subconsultants. We encourage you to contact each of
the references to the quality of our work and satisfaction with our services.
Public Agency 2:Cal Poly San Luis Obispo | Howie Conroy, Construction Inspector
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.2173
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Charles Zanoli
Public Agency 3:County of San Luis Obispo | Robert Ruiz, Program Manager
Address/tel.:1087 Santa Rosa Street | San Luis Obispo, CA 93408 | tel. 805.788.2114
Project/Amount:New Animal Shelter ($20.3 million) | Probation Department Building ($16 million)
Staff:New Animal Shelter: Randy Rominger and Tully Wyatt | Probation Dept. Bldg: Randy Rominger
Kitchell
Earth Systems
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CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 7
Public Agency 1:City of San Luis Obispo | Robert Hill, Sustainability & Natural Resources Official
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7211
Project/Amount:Cerro San Luis Natural Reserve Initial Study/Negative Declaration (dollar amount N/A)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Public Agency 1:City of San Luis Obispo | Hal Hannula, Supervising Civil Engineer
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7201
Project/Amount:Police Station ($300,525), Public Safety Dispatch Center ($611,711), Jennifer Street Bridge ($38,600)
Staff:Steve Webster and Brian Hellwig
Public Agency 2:County of Santa Barbara | Travis Seawards, Deputy Director
Address/tel.:123 East Anapamu Street | Santa Barbara, CA 93101 | tel. 805.568.2518
Project/Amount:Arctic Cold Project EIR Planning & Environmental Services ($280,220)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Budgeting at California Polytechnic State University,
San Luis Obispo, yak?it?ut?u Residential Community
Kitchell was vested in maintaining the project budget at the yak?it?ut?u Residential Community. Aside
from providing complete reviews of each contractor initiated change order request, we also tapped into our
Estimating Department to review potential large scale changes to the project’s parking structure facility.
In addition, we met bi-weekly with the Owner to review all approved, pending and potential changes to
the project relative to the project contingency. These efforts at cost control and of continual budget review
afforded the University the opportunities to provide additional facilities to the project (added a 2nd story to
the administrative building), provide additional redundancies to vital systems like the lift station, emergency
systems, and add critical infrastructure pieces to the campus electrical system (manholes, splice boxes). The
combined team effort kept the project moving forward while managing these changes within the project
budget.
Public Agency 2:Lucia Mar Unified School District | Bryan Hagwood, Sr. Bond Project Manager
Address/tel.:222 Stanley Avenue | Arroyo Grande, CA 93420 | tel. 805.474.3000
Project/Amount:Shell Beach ES Parking Lot ($225,270), Arroyo Grande HS Track ($7,000), Oceano ES ($91,280)
Staff:Steve Webster and Brian Hellwig
Public Agency Experience
Kitchell brings more than 72 years of experience working with public agencies representing over $53 billion
in construction encompassing over 3,600 projects. Focusing on the public sector has allowed us to develop
management and project control techniques targeted to its specific needs.
Earth Systems brings over 50 years of experience in the public sector. With an office in San Luis Obispo, Earth
Systems brings extensive background in materials testing and special inspection, with a staff of over 20 highly
qualified technicians and inspectors. They have worked with many jurisdictions throughout San Luis Obispo and Santa
Barbara Counties including City of San Luis Obispo, City of Pismo Beach and City of Grover Beach to name a few.
RRM Design Group brings more than 45 years of experience working with public agencies. Their work culture
emphasizes collaboration, frequent communication and accessibility. Focusing on the public sector has allowed them
to work with many clients in the Central Coast including the City and County of San Luis Obispo, City of Grover Beach,
City of Paso Robles, City of San Mateo, City of Santa Barbara, City of Cloverdale and City of Ukiah to name a few.
Rincon Consulting brings more than 26 years of experience working with public agencies including the City and
County of San Luis Obispo, Santa Barbara County, City of Paso Robles and City of Santa Maria to name a few.
4. Describe your cost control and budgeting methodology for this Project.
Budget Management
One of our initial efforts will be to work with the City to understand/refine the budget, including identification of
all cost components with reasonable budget assumptions to use until actual costs are accrued. We establish and
maintain a cost control system in Procore to track all costs associated with the project against the established
budget. As the project progresses, projected costs will be entered into the model, providing a real time assessment
as to the status against budget.
We often perform detailed estimates and reconcile to the design professional’s estimates, which provides an
unbiased professional opinion of probable construction costs. Construction costs along with project soft costs are
updated to reflect the latest information and tracked continuously against the established budget. We provide
recommendations on construction feasibility, availability of materials and labor, time requirements for installation
and construction, and factors related to cost including costs of alternative designs or materials, preliminary budgets
and possible economies. If it appears the project construction budget will not be met, we offer alternatives and
solutions to bring costs back in line.
Rincon Consulting
RRM Design Group
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5. Provide responses to the following:
We studied the documents published with the RFP and identified several potential critical construction and environmental issues, identified below with our proposed solutions for:
Construction Related Issues Proposed Solution
Local traffic surges every morning and
afternoon (Mission Prep High and Old Mission
Middle School) off Palm Street and adjacent
streets, for student drop off and pick up.
Establish access/egress restrictions, delivery moratoriums,
work hours, etc. in the contract documents.
Higuera Street and Marsh Street are natural
traffic arteries for construction materials
deliveries. During the deck pours, concrete
trucks stack up to continuously pour concrete.
Both streets contain critical commercial and
retail outlets.
Plan all deck pours and concrete truck staging either on-site
(off streets) or remote with radio notification for minimal
disruptions. If any businesses could be affected by steady
traffic, discuss with City to review specific activities with
affected business.
Post-tensioned (PT) concrete placement quality
control is exacting and unforgiving.
Create stringent protocols for concrete placement, finishing,
flatness, curing and sealants. Individuals (person) finishing
concrete (swirl) may influence finish variation due to
handling of trowel, pressure, etc. Ensure same finishing team
is committed start to finish. Note that after placement, PT
concrete cannot be readily repaired/ground for finish issues
due to finish and cables, etc.
Proper coordination for all PT slab systems
including MEP, fire protection, ceiling inserts,
bollard embeds, railings, bent U embeds,
bolted wheel stops, etc.
Perform thorough clash detection using Building Information
Modeling (BIM) for all systems in or supported by PT decks
to ensure there are no overhead clearance issues or in slab
conflicts requiring retrofit. (No post install drilling allowed).
Any structural changes requiring cutting or
drilling into finished PT concrete.
Resolve all identified constructability issues prior to bidding
to mitigate cutting or drilling later. Any cutting or drilling PT
concrete requires X-Ray cable locating and mapping, etc.
This parking plan is essentially open building.
Consider drainage and watertightness.
When performing constructability reviews, check all decks
for positive drainage including covered areas susceptible to
wind driven water intrusion in all areas of the vehicle and
pedestrian egress.
Contractor use of tower crane for construction
delivery.
In bidding instruction include recommendations for tower
crane placement (if used). Then have engineer revise
structural plan to accommodate tower crane option.
Parking structure fire separation/rating at the
adjacent residential buildings.
Review any portion of non-rated parking structure juxtaposed
to the adjacent residential buildings for space separation and/
or rated wall conditions required.
b) Describe critical environmental issues and how you will address these.a) Describe critical construction related issues associated with the Project and how you will address these.
Environmental Issues Proposed Solution
Storm water runoff in direct proximity to San
Luis and Brizziolani creek beds
Prioritize the SWPPP plan including ample retention
basin/s. Monitor plan so it is constantly maintained. Provide
effective track out plates to remove on-site soils and other
contaminates from vehicles. This particular location is critical
for all storm water to be properly contained and handled.
Possible high ground water table/underground
stream effect on over excavation, foundations,
elevator pit, and shored wall on east side.
Verify the geotech engineer has reviewed and coordinated
with structural engineer. Also review seasonal water table
heights with mitigation plans for these soil conditions, etc.
Elevators: Plan elevator design, pits, etc. in relation to high
water table and/or possible hydrostatic pressure seasonally.
Plan any water stop rings, sump pit, and hydraulic cements,
etc. to prevent ground water from penetrating the elevator pit
from below.
Potential tree drip and root damage at property
line.
Have arborist inspect trees at property line (on private property)
for potential issues due to construction, that may require special
protection, or removal and replacement.
Potential for excessive noise levels due to
construction activities.
Check equipment noise dBs at adjacent buildings with
mitigation options such as temporary sound walls, etc. Specify
noise mitigation requirements in the contract documents
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c) Describe how cost and schedule for the construction contract and your scope of work could be minimized.
Cost & Schedule for the Construction
Contract
Construction cost and schedule can be minimized in a variety of ways. We analyzed the documents and have some
suggestions, categorized as incentives, risk assignment and value analysis:
Incentives: We assessed the Phase 1B and Phase 2 schedule durations and do not recommend they be reduced in
the bid documents; however, schedule compression can be achieved through early delivery incentives and/or the
use of bid alternates for reduced construction duration.
Risk Assignment: As a rule, contractors don’t assume risk—they price it. Our risk assessment includes
assignment of risk the contractor may consider to be onerous, or inappropriately assigned to them and thereby
assign a premium to managing the risk item. An example is permanent shoring. Permanent shoring is shown on
the east side property line on the Phase 1B Plan. The documents instruct the contractor to design all permanent
shoring. There are two private structures on the zero-lot-line directly adjacent to the shoring. The contractor
is to insure the permanent shoring design covers any additional foundation surcharge, etc. for zero deflection.
Prospective bidders would likely consider this an onerous assignment of risk and charge a premium. We suggest
the design professional design the permanent shoring or an allowance be established in the bid documents for
permanent shoring design.
Value Analysis: We identified a number of ideas the City may want to consider in realizing some time and/or cost
savings. A few examples include:
`Precast stair treads in lieu of poured in place. The cost of precast elements fluctuate; however, even if they’re
higher in material cost, time and cost savings can be realized through faster installations and reduced labor.
`The quantity of EV charging stations can be phased to meet the demand. We recommend installing the
infrastructure for the charging stations but adding the equipment in phases to meet demand. This has the
added benefit of taking advantage of future improvements in this emerging technology.
`The copper dome details include specific details for copper dome construction, radius, materials, spire,
waterproofing, roof gutter, etc. The City may want to consider a prefabricated unit. This could result in time
and cost savings.
Optimized Staffing Plan
Our scope of work and resulting fees can be minimized through an optimized staffing plan, task assignment
evaluation and reduced construction duration:
Optimized Staffing Plan: We assembled our proposed staffing plan to deliver the highest qualified
team at the best value. We accomplished this by assigning Resident Engineer Andy Goh on a part time
basis working in close coordination with Assistant Resident Engineer Tom Fee. Through this strategy,
the City receives the benefit of Andy’s expertise whenever needed without incurring the cost of a full-
time team member.
Task Assignment Evaluation: We assembled a team of in-house employees and subconsultants
to perform all the tasks described in the RFP. We recommend primary responsibility for surveying be
transferred to the contractor. This will appropriately place liability for survey errors on the contractor for
remedy. We also recommend the City use in-house code compliance inspectors if this function can be
performed by the City at lower cost.
Reduced Construction Duration: Any schedule reductions achieved through the above measures
could result in reduced duration of CM-RE services and result in fee savings as long as added staffing
would not be required for added shifts or acceleration.
During preconstruction, the Kitchell team assisted with re-scoping the project to bring the project in budget and
developed a delivery plan including multiple bid packages and phasing to optimize the construction schedule.
During construction, the Kitchell team provided day-to-day leadership throughout construction including cost,
schedule and quality components of the project.
The Kitchell team approached every day with the same enthusiasm, modifying plans as necessary to keep the
project moving. They effectively communicated and coordinated with all involved in the project including the
building department and other agencies having jurisdiction, the design team and contractors. We are grateful
to have such capable staff on the project and would like to take this opportunity to recognize their dedication.
-Andy Newman, Deputy Director, Butte County Association of Governments
Butte Regional Transit Operations Center (BRTOC)
Kitchell was a key partner in the successful delivery of the County of San Luis Obispo’s Animal Services Facility
project. The first design-build project for the County. Kitchell provided preconstruction guidance on the $20.3M
project and then was the day-to-day Construction Manager during construction. Kitchell’s staff was competent,
professional and a pleasure to work with.
- Robert Ruiz, Manager Project Delivery Division, County of San Luis Obispo
““
““
Client Testimonials
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H. Scope of Work This section should establish that the proposer understands the City’s objectives and requirements, demonstrate
the proposer’s ability to meet those requirements and outline clearly and concisely the plan for accomplishing
the specified work in accordance with the time schedule as outlined in Appendix A, Scope of Services:
A Plan for Accomplishing
the Specified Work
We have thoroughly reviewed the Scope of Services contained in Appendix
A of the RFP in conjunction with the contract documents, quality assurance
plan, mitigation and monitoring plan, and project delivery schedule
accompanying the RFP. Through this review and our periodic discussions
with City personnel prior to issuance of the RFP, we have developed an
understanding of the City’s objectives for the Cultural Arts District Parking
Structure project. The succeeding paragraphs describe our plan for
accomplishing the scope of work within the prescribed schedule.
Scope of Services Statement
We will perform the scope of services defined in Appendix A of the RFP,
which includes: performing the duties of the Resident Engineer as defined
by Caltrans, assist with bid evaluation, review available project documents,
prepare and maintain the Resident Engineer’s project schedule, develop
project procedures in collaboration with the City, establish and maintain
the project management information/document control system, establish
a dispute resolution process, provide project administration, coordination
& communications, monitor/evaluate the contractor’s schedule, conduct
progress meetings, issue progress reports, evaluate payment requests,
manage the submittal and RFI processes, manage/mitigate change orders,
conduct construction observations/inspections, evaluate & negotiate
claims, perform materials testing & specialty inspections, perform
surveying, perform construction environmental mitigation & monitoring,
and manage project completion & closeout
City Staff Participation
We often use a responsibility matrix to clarify team participation
requirements in granular detail. Our need for City staff participation
generally boils down to providing project information and documentation,
a designated representative who can render timely decisions, access to City
personnel who have the authority to authorize contract modifications, and
liaison with City departments and other local authorities involved in the
project.
Workplan
Task 1: Preconstruction Services
Upon commencing preconstruction phase services, Resident Engineer
Andy Goh and Assistant Resident Engineer Tom Fee will perform an
immersive study of all available project documents to become intimately
familiar the available project information. They will use this base of
information to build and implement a strategy to ensure successful delivery
of the project, described in greater detail herein.
Construction Management Plan
Upon commencing services, we will work with the City to develop the
construction management plan. This effort will serve as the project team’s
primary point of reference and will establish the framework for project
execution. The construction management plan will include the following:
`Communications protocols, progress reporting requirements, roles and
responsibilities, and project procedures to establish clarity on how the
City, designer, contractor and Kitchell interact as a team and administer
and coordinate the work of the project.
`Master Budget and Master Schedule: Kitchell will evaluate the City’s
current schedule, budget, and design to establish time and cost
expectations. From this evaluation, Kitchell will develop a master
budget and master schedule to track progress and develop strategies
to remain on schedule and within budget.
`Project Logistics Plan to identify and resolve project logistical
challenges such as ensuring undisrupted activity to the surrounding
community, access/egress issues, noise mitigation measures, staging
operations, and many other logistical challenges.
TASK
TASK
TASK
TASK
TASK
TASK
1
2
3
4
5
6
Preconstruction Services
Construction Services
Geotech. & Materials Testing
& Special Inspections
Surveying
Construction Environmental
Mitigation & Monitoring
Post Construction Deliverables
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`General Conditions and Bid Forms/Procedures to convey clear scope of
work and concise bidding/contract execution procedures to the bidding
community and provide ample project administrative control.
`Quality Assurance Plan to establish a clearly defined process for
achieving the City’s quality objectives.
The construction management plan is an evolving document and will be
updated continually throughout the project. Many of these elements are
explained in greater detail in relevant sections of our proposal.
Resident Engineer’s Master Project
Schedule
We will develop and maintain the overall Critical Path Method (CPM)
Resident Engineer’s master project schedule with milestones. Our project
schedules provide information in a concise, clear, and effective format. The
schedule will incorporate all remaining preconstruction and construction
activities. In the process, we will evaluate and propose alternatives for
project logistics, phasing and sequencing. We will advise the project team
regarding factors including long-lead materials procurement, rapidly
changing materials prices, weather, overall schedule requirements,
favorable/unfavorable bidder climate and regulatory requirements.
The project team will determine the pertinent factors. They will then
be compiled, evaluated, and reduced to a set of recommendations for
incorporation.
Quality Assurance Plan
Kitchell has a standard Quality Assurance (QA) program, which will serve
as a vital tool in developing a project-specific QA plan and facilitating the
contractor’s implementation of their Quality Control (QC) plan. We will
take a proactive approach to quality assurance to see that project receives
the best project quality for its investment. Primary aspects of Kitchell’s QA
program include:
`Conducting design and constructability reviews to improve buildability
and help eliminate potential change orders
`Establishing clear QA/QC processes and procedures including
inspections, materials testing & special inspections; as well as delivered
materials verification against approved submittals.
`Participating in pre-installation meetings prior to each construction
operation to ensure proper installations and applications without
costly rework.
`Requiring mock-ups of important building components and finishes to
ensure that the specified quality expectations will be met.
Bid Administration
Successful administration of the bid phases will result in a project that
meets the City’s goals for receiving responsive and responsible bid
proposals from prospective qualified bidders. Kitchell performs a variety of
services in administering and assisting in the contractor selection process.
Our bid phase services often include:
`Extensive bidder solicitation to generate a competitive bidding
environment
`Conducting pre-bid conferences to clarify bidding requirements and
provide bidders with a venue to conduct their pre-bid investigations
`Developing methods for tracking, responding to, and expediting
questions received prior to receipt of bids
`Reviewing addenda and advising the team of time, cost or
constructability impacts
`Assisting in assembling construction documents, bid documents,
general conditions, addenda and distribution to all prospective bidders
`Reviewing and analyzing bids and making recommendations to the
owner for contract awards
`Assist and coordinate the resolution of bid protests
`Post-bid meetings and analysis of bid alternates
`Assist with contract development, award, and formal issuance of
Notice to Proceed
Task 2: Construction Services
Project Coordination & Communication
Conveying clearly defined communications are paramount to project success.
Kitchell will organize and establish effective communication among the
project team members. We will ensure that responsibilities for completing
tasks are assigned to appropriate team members, they are understood by all,
and are tracked throughout the design and construction process.
Written communications are date stamped, logged, and tracked for
responses. Our project personnel are trained in Procore online data control
system for generating and/or tracking communications, costs, requests for
information, submittals, daily logs, drawings, and other project documents.
We are also flexible in adapting to other project administration systems as
dictated by City and project demands.
Logs are distributed for all outstanding items. These logs are reviewed,
prioritized, and correspondence is produced from Procore for all due and
delinquent items. This enables the team to proactively address and resolve
issues without experiencing the consequences of delayed response.
Schedule Management
Careful monitoring and regular reporting of activities against the
contractor’s schedule will provide early information about overall progress.
We will follow up on potential delay issues through active communication
with City staff and the project team. We will continually review and
monitor progress of the work against the scheduled milestones, and
provide recommendations necessary to prevent, minimize, or recover from
delays.
The accepted critical path schedule will become the baseline upon which
we measure progress, as well as record an accurate history of how the
project is built through consistent schedule updates. We will use the weekly
on-site project construction meetings as a forum to discuss the status of the
schedule with the contractor. We will continuously monitor the schedule
and enforce the provisions of the contract documents regarding scheduled
progress. We will also enforce the provisions of the specifications regarding
scheduled progress of the project. We have developed specific language
used extensively in contract documents requiring the contractor to follow
rigid specifications in the development and maintenance of a CPM schedule
that is dollar and manpower loaded.
In the event that a contractor submits a delay claim, the contractor must
provide justification substantiating that an actual delay to the work
occurred. Additionally, the contractor must provide a schedule analysis
showing that the delay affected work activities critical to scheduled project
completion. Finally, the contractor must substantiate the number of delay
days claimed. The contractor’s documentation to substantiate the claim is
then reviewed and analyzed, and entitlement, if any, is determined.
PRECONSTRUCTION DELIVERABLES:
–Resident Engineer’s master
project schedule
–Project Procedures
–Quality Assurance plan
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Progress Meetings
We consider meetings an effective means of collaborating on ideas,
resolving issues, building relationships, and reporting information in
a relational environment. Subject matter for construction progress
meetings will include the coordination and implementation of design
elements, identification and resolution of issues, schedule coordination and
compliance, tracking and management of RFIs, submittals, change orders,
payment applications, and general coordination of testing and inspections.
To memorialize important statements made and actions required, concise,
accurate meeting minutes issued in a timely manner are just as important
as the meetings themselves. We adhere to Kitchell’s 48-hour turnaround
policy on issuing meeting minutes.
Progress Reports
Progress reports provide a snapshot of project status. We will generate
reports electronically to summarize project activities, report schedule and
budget status, address current project issues and forecast future activities.
Photographs showing project progress are included along with applicable
logs and other pertinent information.
Payment
Kitchell, in consultation with the design professional and the City, will
implement a standard procedure for the review, processing, and payment
of the contractor payment applications as well as invoices applicable
to the project budget. This procedure will facilitate timely, accurate
and appropriate payments, thereby limiting the City’s exposure to
overpayments or interest fees.
Submittals
Kitchell’s submittal activities begin weeks before the contractor begins
work. To ensure that the contractor fulfills the specified submittal
requirements, we comb the specifications for any required submittals
and enter them into our project administration software. This enables us
to work from a submittal schedule tied to individualized submittal due
dates. Once the contractor transmits submittals for approval, submittal
status transitions from “scheduled” to “logged” by simply entering actual
receipt dates to the pre-entered submittal information. We utilize our
computerized submittal schedules and submittal logs to mitigate delays
due to delinquent contractor submittals or consultant reviews.
Requests for Information
During construction, prompt resolution of the contractor’s requests for
information (RFIs) will help mitigate change orders. For this reason, we
have implemented an efficient RFI processing and monitoring system
through our project administration software. We have also developed
specification language to reduce erroneous RFIs.
We will use the RFI Log to track requests for information including
important receipt and response dates and ball-in-court status. Most
importantly, the RFI Log prioritizes when a response is required to
be submitted to the contractor. This will help mitigate delays due to
delinquent RFI responses. The RFI Log is updated weekly and is distributed
to all team members during the weekly meetings.
Change Orders
Our change order mitigation process will include a thorough evaluation
of each change order request against the contract documents for validity.
Valid change order requests will be systematically reviewed for onerous or
excessive cost items.
Kitchell, in conjunction with the City and the design professional, will
develop and follow specific procedures for resolving change order disputes.
The team will maintain emphasis on critical issues and ensure that all
appropriate team members are informed of the proposed changes and the
impact on cost and time immediately when the issues arise.
Construction Observation/Inspection
Our construction management personnel are well equipped to conduct
field inspection support, oversight, and quality assurance. We have assisted
in selecting, coordinating and administering over $300 million of special
consultant contracts. This experience will be very useful in administering
and coordinating the work of building inspectors, testing and inspection
personnel, mitigation monitoring personnel and others as required by the
City.
We will conduct field observations and generate daily reports. Our project
team will collect and report daily project information to develop a written
history of the project. Information included in our daily reports includes
activities performed, important events of the day, visitors, materials
received, crew size, weather data, and issues to resolve. This collection
of daily reports document daily construction events forming an as-built
history of construction schedule implementation.
Dispute Resolution/Claims
We have found that unresolved disputes diminish in an environment of
partnership. We recommend implementation of a dispute resolution ladder
to enable issues to be escalated from the field to progressive levels of the
project hierarchy enabling issues to be resolved without becoming stymied
in conflict and indecision.
SCHEDULE MANAGEMENT
CITY OF SANTA MONICA, PARKING STRUCTURE 6
Kitchell was responsible for setting and maintaining the project
schedule. Several factors had to be considered for establishing
this schedule. First and foremost was how to facilitate a major
construction project in a high-traffic downtown area. Second was the
timing for delivery of materials – how it would affect neighboring
businesses and residents, safety precautions to accommodate
pedestrian traffic, etc. Kitchell met with the entire project team each
week to monitor schedule issues, make adjustments as needed and
report progress updates and changes to the client.
With the demolition, however, there were a lot of unforeseen issues
that affected the schedule early on. Once the existing structure was
demolished and site excavation had begun, the general contractor
discovered underground storage tanks and hazardous materials that
required remediation. The additional work to remove the tanks and
hazardous materials caused about a four-week delay. Despite these
early challenges with unforeseen conditions during demolition and
the need to bring in a new electrical connection, the project was
delivered and operational on time.
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In the event parties disagree over design intent, unforeseen changes, utility
conflicts, schedule delays and other issues, and agreement isn’t reached
through dialogue, Kitchell will implement a dispute resolution process
involving an objective analysis of merit and entitlement. Kitchell will meet
with the City to recommend a solution then attempt settlement with the
involved parties. If settlement negotiations are unsuccessful, Kitchell will
recommend the matter be resolved through a formal dispute resolution
process outlined in applicable contracts.
Having a wide range of subject-matter experts, construction and
engineering professionals, we will be able to review, assess and
recommend action on additional cost matters, and scope entitlement or
denials. Lastly, we can identify if contractor costs are appropriate based
on our database of cost estimates developed for multiple projects in the
region.
TASK 3: GEOTECHNICAL &
MATERIALS TESTING & SPECIALTY
INSPECTION
Earth Systems will perform the materials testing and specialty inspection
scope of services described in the RFP.
TASK 4: SURVEYING
RRM will perform the survey scope of services as defined in the latest
version of the Caltrans Survey Manual.
TASK 5: CONSTRUCTION
ENVIRONMENTAL MITIGATION &
MONITORING
Rincon will perform the environmental mitigation and monitoring
scope as defined in the RFP including providing qualified biologist(s), air
quality monitoring, cultural/archaeological monitoring, paleontological
monitoring, and placing noise mitigation signage.
TASK 6: POST-CONSTRUCTION
SERVICES
We will review the front-end documents to ensure they clearly reflect the
City’s expectations for contract closeout and warranty issue response. We
will also develop procedures that define each team member’s roles and
responsibilities during the start-up, closeout and warranty phases.
Kitchell will participate in walk-through inspections. From these
inspections, a punch list of remaining items to be addressed will be
generated. We will work with the City to verify that these items are
corrected before moving on to final completion.
Kitchell will assist in determining final completion and scheduling final
inspection. We will manage submittal of required closeout documents
including warranties, guarantees, affidavits, releases, bonds, and waivers,
as well as coordinate delivery of all keys, manuals and maintenance stock.
We will work with the City to secure as-built drawings, records, logs,
photographs, change orders and shop drawings as required by the contract
documents.
CONSTRUCTION DELIVERABLES:
–Project documentation via
electronic uploads
–Meeting minutes
–Reports: Daily Observation,
Inspection, Monthly
Progress
–Logs
–Schedule reviews
–Review/Recommendations:
Changes, Claims, Payment
Applications
MATERIALS TESTING & SPECIALTY
INSPECTION DELIVERABLES:
–Materials testing and specialty inspection reports
SURVEYING DELIVERABLES:
–Survey records
POST-CONSTRUCTION DELIVERABLES:
–Red-lined project as-built drawings
–Compilation of outstanding claims and other financial closeout
documentation
ENVIRONMENTAL MITIGATION &
MONITORING DELIVERABLES:
–Environmental mitigation and monitoring reports
Three-Step Claim Analysis Process
Merit Evaluation:
Performed to determine
the legal basis of the claim,
if any.
Settlement Negotiations:
Conducted with the
contractor.
Entitlement Analysis: If the
claim has merit, an entitlement
analysis is performed to
determine time and monetary
entitlement.
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Contract Agreement Indicate any issues or proposed changes to the sample contract included as Appendix C. The Consultant must
provide a brief statement affirming that the proposal terms will remain in effect for one hundred twenty (120)
days following the date proposal submittals are due.
Kitchell has reviewed the sample contract in Appendix C of the RFP, and has identified the following exceptions. We
request the following redlined changes to the indemnity provisions:
22. Hold Harmless and Indemnification.
`(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but
not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of to the extent caused by the
Consultant’s negligent performance or Consultant’s negligent failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole or active negligence or willful misconduct of the City.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees and pay their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
`(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction
contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph
A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782
and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation
(“claims”), arising out of to the extent caused by the Consultant’s negligent performance or Consultant’s
negligent failure to perform its obligations under this Agreement or out of the operations conducted by
Consultant, including the City’s active or passive negligence, except for such loss or damage arising from
the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse
the City Indemnitees and pay their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
`(c) Design Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend,
and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from
and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and
costs, to the extent they are caused by arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense
costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any
loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having
made a determination of the Consultant’s percentage of fault, the Parties agree to mediation with a neutral
third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City. Notwithstanding the foregoing and
without diminishing any rights of City in the preceding paragraph, for any liability, claim, demand, allegation
against City caused by a negligent arising out of, related to, or pertaining to any act or omission of Consultant,
but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless the
Indemnified Parties from and against any and all damages, costs, expenses (including reasonable attorney fees
and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily
injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory
negligence on the part of the City except for the sole or active negligence of, or willful misconduct of the City.
In addition, we request the non-applicable indemnifications provisions be struck. We believe paragraphs (a) and (c)
should be struck.
In our opinion, the dispute resolution provisions in Article 36 are somewhat unusual and biased in favor of the
Owner. We request the opportunity to meet with the City and explore mutually agreeable changes to the dispute
resolution language.
Statement of Affirmation
Kitchell certifies that the proposal terms will remain in effect for one hundred twenty (120) days following
the date proposal submittals due date, September 1, 2022.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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References
Fee Proposal
Optional- Additional Supporting
Information
A list of no more than three references for the consultant and three references for each subconsultant, including the
names, addresses and telephone numbers. These references may be the same as the references listed above in IV.
Proposal Format, Section C. Organization and Approach.
Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Please see pages 6 and 7 for details on no more than three references for Kitchell and each of our
subconsultants.
Please see the separately sealed envelope for details on our complete fee proposal for the scope of
services. We have provided separate subtotals for Phase 1B and Phase 2 broken down by task and staff
billing rates with estimated hours, as well as clearly identified fees for subconsultant services.
None.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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EDUCATION
MBA, Florida Institute of Technology
BS, Architecture Engineering, California
Polytechnic State University, San Luis
Obispo
INDUSTRY
CERTIFICATIONS
Designated Design-Build Professional
LEED Accredited Professional
OSHA 30 Hour Certification
TULLY WYATT, dbia, leed ap
PROJECT DIRECTOR
As local San Luis Obispo resident, Tully brings over 19 years of industry experience as a dedicated, organized and detail oriented construction professional. He is a skilled leader who believes
in transparent, ongoing communication and maximizing technology to expedite information, guaranteeing that all team members, including subcontractors, are constantly informed of
decisions or changes in real time. Tully has a wide range of experience in alternate delivery methods, including CMAR and design-build, as well as extensive project experience, including
his most recent work at San Luis Obispo Regional Transit Authority Bus Maintenance Facility where he is serving as a Senior Project Manager. As a local resident for many years, Tully is
committed to his local community and clients. His commitment to local clients ensures Tully understands the issues unique to San Luis Obispo, providing the City with assurance that he
shares your desire for success.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis
Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus maintenance
facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The
facility accommodates operations, administration and maintenance areas and includes
detached enclosures on-site, including a trash enclosure and canopy over bus parking. Work
also includes off-site improvements, specifically the T-intersection for future Elks Lane
realignment.
California Polytechnic State University, San Luis Obispo, Recreation Center, San Luis
Obispo, CA: A $57.5 million, LEED Gold certified recreation expansion that added 85,000 SF to
the facility and renovated another 90,000 SF. Additions included a lobby/lounge, three fitness
rooms, a two-court gym, a multi-activity center, tripled exercise space, a wellness center, an
indoor jogging track, restrooms, leisure pool and deck, an additional sand volleyball court, and
six racquetball courts rebuilt with Squash and Wallyball configurations. Renovations included
men’s and women’s locker rooms. The recreation center remained operational during the
construction period.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus; the
replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A
new $16 million, 31,000 SF, two-story office building featuring office space for county probation
staff, interview rooms, training, conference and evidence rooms, armory, secured sallyport,
break rooms, locker and changing rooms, restrooms with showers, a public lobby, secured
parking for employee vehicles and department vehicles as well as an emergency generator.
Santa Barbara County, Staff Augmentation Services, Santa Barbara, CA: Tully
alongside Kitchell is currently providing staff augmentation services to Santa Barbara
County for over 27 projects totaling more than $73.1 million. Our services include project
and construction management for capital and facilities/maintenance projects, project
development, programming, scope of work development, RFP/bidding document production,
overseeing bidding process and closeout.
City of Santa Maria, Historic Smith-Enos House Structural Improvements, Santa
Maria, CA: A $180,000 project providing structural improvements to the historic Smith-Enos
House in Santa Maria. The modernization and revitalization of the structure is phase one
of a multi-phase approach to the renovation of the house, which aims to rehabilitate the
interior and exterior of the historic residence to recreate a new indoor public recreation venue
featuring cultural and historic exhibits.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ii
EDUCATION
MBA, Business Administration, Arizona
State University
MS, Civil Engineering, Arizona State
University
BS, Civil Engineering, Arizona State
University
INDUSTRY
CERTIFICATIONS
Professional Engineer #C 45731, CA
Professional Engineer #24771, AZ
Professional Engineer #125612, TX
ANDY GOH, pe
RESIDENT ENGINEER
With more than 34 years of strong, relevant management experience in a wide variety of public works service areas and operations, Andy has led teams to the successful completion of
hundreds of infrastructure projects, many of which are fast-track, high profile or federally funded. He is well-versed in complex public policy issues and applicable laws governing municipal
operations and project delivery. Under his leadership over the years, his teams have provided customer service-first public service with strategic forward-thinking and incorporated best
management practices and use of technology to improve and enhance service delivery. Andy has successfully led his teams in completing many major and complex capital improvement
projects in various markets including street transportation, public transit, water and wastewater, public safety and aviation. Proactive in establishing constructive and collaborative
partnerships, he prides himself on his ability to build solid and lasting relationships. Andy is results-driven and decisive, while remaining an approachable and progressive leader with a
strong commitment to the client’s strategic vision.
PROJECT EXPERIENCE
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million,
five-level, 293,000 SF, 932-space parking garage for the City of Chandler, which includes
a road realignment along Oregon Street as well as intersection improvements at Arizona
Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much
needed parking options for those accessing City Hall as well as restaurants and other venues
in the bustling area. The structure is located to the west of City Hall across Arizona Avenue on
the northwest corner of Chicago and Oregon streets.
City of Tempe, Tempe City Hall Parking Structure, Tempe, AZ: A $16 million
(construction cost), five-level, 175,000 SF, 440 stalls parking structure. The five-story mixed-
use facility includes parking on all five levels with retail and office space in portions of the
first two levels. The exterior cladding of the building consists of light gauge metal stud walls
with an adhered stone finish.
Tempe East Valley Bus Operation & Maintenance Facility, Tempe, AZ: A $39 million,
103,890 SF, 250-bus LEED Gold certified facility featuring administrative offices, operations/
driver facilities for over 500 operators, a bus maintenance building, bus canopies, and a full
liquid natural gas and compressed natural gas (LNG/CNG) fueling center with fare retrieval and
bus wash on a 25-acre site.
City of Tempe, Center for the Arts, Tempe, AZ: A new $68 million, 88,000 SF performing
and visual arts center consisting of two theaters, multi-use areas, gallery and administrative
space as well as 20 acres of site development. The facility includes a 600-seat main theater,
200-seat black box theater, public space, stage support, a 3,000 SF multi-use space for
rehearsals and events, a 3,500 SF visual arts gallery, administration, gift shop, catering kitchen
and donor room. Special features include a 20,000 SF underfloor air distribution (UFAD) system,
high-end architectural concrete components such as scalloped walls, battered/radius walls
and a cast-in-place dome in the main theater. Site development features include a reflecting
pool, pedestrian paths and a park located next to a riparian area on the southwest shore of the
Tempe Town Lake, adjacent to a downstream dam.
City of Tempe, Curry Road Pedestrian Improvements, Tempe, AZ: A $600,000
road improvement project consisting of the removal and replacement of curbs, gutters,
sidewalks, roadway medians, landscaping and a 48” concrete irrigation pipe. This project was
funded by the ARRA.
City of Tempe, Tempe Town Lake Pedestrian Bridge, Tempe, AZ: A new $5.5 million
CMAR suspension bridge totaling 1,000 LF pedestrian and bicyclist bridge connecting the
north and south shores of Tempe Town Lake. The bridge, which is lit with vibrant blue hues
after dark, consists of four spans of 228 feet each and weighs about 165,000 pounds in total.
The bridge is 12 feet wide and 34 feet tall, with arches suspended by 32 metal cables. The
bridge has a total of 128 steel cables which criss-cross each other and add to the bridge’s
distinctive shape.
City of Chandler, Chandler Public Safety Training Center, Chandler, AZ: A new $27
million, 58,090 SF shared resource facility for the Chandler Police Department and Chandler
Fire Department. It was built in multiple phases with Phase 1 providing an administrative,
educational and tactical training building. Phase 2 provides a separate, state-of-the-art indoor
police firing range complex. The finished facility includes an auditorium, offices, tactical
training, fitness, firearms simulation system, breakroom, secure parking and exterior secure
break areas. This new training complex is the hub for integrated police and fire training and the
combined public safety training center.
City of Tempe, Apache Boulevard Police Substation, 911 Call Center, and Property
& Evidence Facility, Tempe, AZ: An 82,800 SF facility prominently located on Apache
Boulevard housing various police functions including patrol, SWAT team, a 911 Call Center
and a Property & Evidence Facility. The second floor of the Apache Substation includes a 911
Call Center and Dispatch Center with space allowing users to collaborate, flexible access to the
console areas and a separate training area. The entire facility includes complete redundant
power and cooling systems. Adjacent to the Substation and Call Center is a 28,800SF property
and evidence storage facility.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iii
EDUCATION
Coursework, Art, Saddleback College
AFFILIATIONS
Construction Management Association
of America (CMAA)
TOM FEE
SR. PROJECT MANAGER/ASSISTANT RESIDENT ENGINEER
Tom has more than 30 years of experience successfully leading teams managing program development and construction for both public and private clients. As a construction expert,
he specializes in all processes from predevelopment through construction delivery, authoring construction management guidelines and redevelopment use plans. Tom’s experience
encompasses commercial, industrial, civic/municipal, public private partnership, planning, commercial mixed use, telecommunications, criminal justice, healthcare, hospitality and
residential, providing services including program development, plan and specification constructability review, bidding and buyout, estimates, change order review, baseline scheduling and
dispute resolution. He believes in a proactive project management approach, increasing productivity and providing exemplary results for his clients.
PROJECT EXPERIENCE
City of Los Angeles, Metropolis LA R2, Los Angeles, CA: Tom managed on-site
construction for the R2 portion of the downtown Los Angeles Metropolis LA. R2 is a type I
concrete condominium single structure with 40 levels above grade and two levels below
grade. A total of 514 luxury condominiums with a connected (post tensioned) 11-story parking
structure totaling 658,495 SF and 1,821 stalls. The roof of the parking structure is a landscaped
deck featuring a swimming pool, spa, fire features, volleyball, sporting area, a dog park and a
play space. The overall project is located within the 6.3 acre, $1 billion Metropolis development.
R2 also includes 36,482 SF of retail located at the ground floor and an amenity level.
City of Beverly Hills, La Cienega Tennis Center, Beverly Hills, CA: As construction
manager for the City of Beverly Hills, Tom managed overall construction of the La Cienega
Park and Tennis Center. The project included a 138,000 SF, post tensioned parking garage
with City tennis courts located on the parking structure roof. The project also included a park,
two baseball fields, soccer field and the Margaret Herrick Museum and Library.
Los Angeles Unified School District, Central Los Angeles Region High School #12,
Los Angeles, CA: A new $20.2 million concrete podium style construction with below grade
parking and steel frame parking structure for upper floors. Tom served as the Cost Estimator
responsible for reviewing the contractor’s baseline schedule, monthly pay application and
time impact analysis by general contractor, preparation of independent cost estimates for
change orders, evaluation of general contractor cost estimates and negotiation of final
change order amounts.
University of California, Santa Barbara, San Nicolas and San Rafael Residence
Halls, Santa Barbara, CA: Two fast-tracked complete interior replacement projects
totaling approximately $3 million located on the UCSB campus, San Nicolas Hall, a seven-
story building with 265 rooms and San Rafael Hall, which consists of housing clusters
accommodating approximately 500 students. Construction volume required CPM schedules
to be updated twice per day, working closely with the university and subcontractors to
guarantee delivery. Projects were completed sequentially on-time and within budget.
University of California, Santa Barbara, Biotech Seawater Laboratory, Santa
Barbara, CA: A $7 million biotech seawater lab/marine studies facility which can replicate
any global ocean condition. Tom served as the Superintendent responsible for managing
site construction to completion and certification for a project with extremely complicated
logistics for structural concrete involving corrosion resistance, direct seawater filtering,
piping and storage tanks. Due to the complexity of the project, constant interface with staff
and facilities management during construction was required.
Department of General Services, Caltrans District 11 Headquarters, San Diego,
CA: Senior Project Manager responsible for managing program, infrastructure planning,
constructability review, master schedule, project budget, public bidding, award and physical
delivery of the 12-acre, 320,000 SF, five building campus. Project was completed under
project and ahead of schedule.
Dynegy, The Plant University, Morro Bay, CA: Programming for a redevelopment of
a 12 million cu. ft. waterfront power plant while still in operation. The site consists of 50
acres of oil storage, brownfield certification, city lease arrangements, etc. The final program
and site use plan was projected at $175 million and included a post graduate university for
sustainable power engineering and water studies, classrooms, labs, housing, commercial
mixed-use space and convention center.
Kern County, Park Wi-Fi, Kern County, CA: Kitchell is providing project management
services for the County’s park Wi-Fi project. The American Rescue Plan Act (ARPA) provided
the County with funds thereby allowing them to provide public access internet Wi-Fi coverage
to the 43 County-owned parks scattered among the 8,163 square miles that encompass Kern
County – roughly the same size as the State of New Jersey. Our services include planning,
scope development, consultant/contractor procurement, estimating, commissioning, and
project management from concept through completion for each of the park sites.
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EDUCATION
MBA, Business Analytics, Cal Poly San
Luis Obispo
BA, Politics, University of California,
Santa Cruz
Certificate, Business Analytics
INDUSTRY
CERTIFICATIONS
OSHA 30-Hour Certified
Construction Manager-in-Training (In
Progress)
RYAN STEFANEK
QUALITY ASSURANCE MANAGER
Ryan brings eight years of experience in the construction industry. He started his career as a field laborer with a general contractor performing carpenter duties while pursuing a master’s
degree in business analytics at California Polytechnic State University in San Luis Obispo. Over the years, Ryan transitioned to construction management as a project intern and worked
his way up to project engineer. He is passionate about construction and feels that working in the industry is a mixture of marathons and sprints. Ryan excels at planning and responding
quickly to project demands.
Ryan brings a proven ability to lead cross-functional teams through routine and complex processes. Skilled in guiding team building exercises that focus on morale and personal and
professional growth. He takes a responsive leadership approach and uses critical thinking skills to solve issues during the initial stages. Equipped with a Master’s Degree in Business
Administration and a Certification in Business Analytics Ryan has a solid ability to research and analyze data with strong attention to detail and an eye for spotting inaccuracies. In
addition, Ryan has proven expertise in project planning, scheduling and implementation.
As a highly skilled professional, Ryan is well versed in the process of providing QA/AC oversight as a component of Kitchell’s services. He provides an informed high-altitude view of the
projects issues with quality delivery. Ryan’s recent experience includes serving as Project Engineer III for a four-story cast in place concrete structure in the City of San Luis Obispo. He also
brings recent experience from the San Luis Obispo Regional Transit Authority Bus Maintenance Facility project.
PROJECT EXPERIENCE
California Polytechnic State University, Multi-Use Facility, San Luis Obispo, CA:
Construction of a $100 million four-story cast in place concrete structure that housed
multiple facilities for the University including a commercial kitchen, videography studio and
multiple laboratory spaces. Ryan’s responsibilities included managing multiple disciples of
subcontractors including MEPs and finish trades and ensured coordination and compliance
with the contract documents. He also led the weekly owner and architect walks and verified
quality concerns were communicated and corrected with subcontractors.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San
Luis Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a
6.44-acre site. The facility accommodates operations, administration and maintenance
areas and includes detached enclosures on-site, including a trash enclosure and canopy over
bus parking. Work also includes off-site improvements, specifically the T-intersection for
future Elks Lane realignment.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus;
the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and
air conditioning units, aquatic center and other infrastructure and utilities technology
upgrades. Projects within this program are being delivered via multi-prime delivery
method.
California Polytechnic State University, San Luis Obispo, Neighborhood
UU - Building 65, Building 19 and Plaza Improvements, San Luis Obispo, CA:
Preconstruction services for a $30 million, 59,100 SF project consisting of renovation of
34,600 SF of space in Building 19 including complete renovation of the entire top floor,
renovation of electrical and plumbing systems (as related to the top floor scope of work) in
the bottom floor of Building 19 and the surrounding plaza area to the north of the building
as well as new landscaping and site improvements to the plaza. Work in Building 65 consists
of 24,500 SF of renovations including the Chumash Auditorium, lobby area and public areas
on that floor as well as exterior improvements at the upper level and interior circulation
spine at the lower level of the building to increase and improve student seating and study
areas.
Custom Homes, San Luis Obispo County: Carpenter and supervisor for $3 million of
custom home construction encompassing more than 25 projects. Self-preformed work
includes demolition, electrical, carpentry, finish carpentry and concrete.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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EDUCATION
BS, Civil Engineering, California
Polytechnic State University, San Luis
Obispo, CA
MATT HARMS
PROJECT ENGINEER
Matt is a highly skilled professional supporting project managers with one year of industry experience. He has a passion for the construction management industry and finds working in
CM strengthens his strategic and analytical skill sets. He is well-versed in the process of reviewing, issuing and processing RFIs and submittals, updating drawings and meeting minutes
and negotiating change orders with team members on all sides of the table. Matt is familiar with a variety of software including Bluebeam, Procore, BIM 360, Assemble, Revit and
AutoCAD. His recent experience includes serving as a field engineer for a $90.2 million ocean outfall booster pump rehabilitation and $6 million piping replacement.
PROJECT EXPERIENCE
Orange County Sanitation District, Ocean Outfall Booster Pump Rehabilitation,
Huntington Beach, CA: A $90.2 million, 40,000 SF ocean outfall booster pump
rehabilitation delivered via design-bid-build. The project encompassed the construction of
a new low flow outfall pump station, rehabilitation of the existing central power generation
building, rehabilitation of an effluent pump station annex and rehabilitation of the existing
electrical distribution system. Matt’s responsibilities included acquiring daily permits for
labor, analyzing budget for labor distribution reports, quality control for concrete pours,
creating purchase orders, creating and evaluating change orders, safety meeting, safety
walks, safety orientation for new employees and subcontractors, schedule meetings and
submittals.
Orange County Sanitation District, P2-123 Return Activated Sludge Piping
Replacement, Huntington Beach, CA: A $6 million, 1,400 LF project encompassing the
removal and replacement of a deteriorating return activation sludge piping, valves, valve
actuators and wiring, flexible couplings and pipe supports. In addition, the project also
included the installation of 12 new 14” isolation valves and installing new sluice gates.
Matt’s responsibilities included acquiring daily permits for labor, analyzing budget for labor
distribution reports, quality control for concrete pours, creating purchase orders, creating
and evaluating change orders, safety meeting, safety walks, safety orientation for new
employees and subcontractors, schedule meetings and submittals.
California Polytechnic State University San Luis Obispo, Highway Realignment,
San Luis Obispo, CA: Design services for highway improvements along the 101 in the
Central Coast starting south of El Campo Road near Arroyo Grande to North of Hemi
Road near Nipomo. Main goals of the project included improving safety, maintaining
overall circulation and operations of US 101, as well as emphasize sustainability. Matt’s
responsibilities included performing initial site studies, such as geotechnical site
investigation, a water runoff analysis and traffic impact study to name a few. In addition,
Matt also assisted in technical write-ups and assisted with corridor modeling design.
California Polytechnic State University San Luis Obispo, Higuera and Chorro
Street Intersection Improvement Proposal (Cal Poly Project), San Luis Obispo,
CA: For this project, Matt determined the level of service for Higuera Street and designed
an improved system layout for the intersection. The project goal was to increase safety in
all aspects, such as pedestrian and vehicular safety while decreasing congestion. Matt’s
responsibilities included analysis of Higuera and Chorro intersection in downtown San
Luis Obispo. He recorded pedestrian and vehicle volumes, crash data and traffic signal
parameters. Matt’s studies also included a traffic warrant study, traffic signal analysis,
synchro analysis, safety analysis, critical lane volume studies and intersection sight distance
analysis.
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EDUCATION
BS, Natural Resources Management, Cal
Poly State University, San Luis Obispo
AA, Engineering Technology, Cuesta
Community College
INDUSTRY
CERTIFICATIONS
ICC Certified Special Inspector:
Reinforced Concrete (#1025543-49)
ICC Certified Special Inspector:
Structural Masonry (#1025543-84)
ICC Certified Special Inspector:
Prestressed Concrete (#1025543-92)
ICC Certified Special Inspector:
Structural Steel, Bolting and Welding
(#1025543-S1, S2 & W)
ICC Certified Master of Special
Inspection (#1025543-MI)
ICC Certified Special Inspector: Spray
Applied Fireproofing (#1025543-86)
NICET Level III, Transportation
Engineering Technology (#86954)
AWS-CWI QCI-88 & 96, Certified
Welding Inspector (#95011151)
DSA Masonry Inspector (#5852
CHARLES ZANOLI
TESTING & INSPECTION
With over 30 years in the construction industry, Charles is a highly qualified inspector with a wealth of experience in materials testing and special inspection. Certified by numerous regulatory
agencies, he specializes in testing and inspection of reinforced concrete, pre-stressed concrete, structural masonry, asphalt concrete, bolts, spray-approved fire-proofing and soils. He has
a broad base of project experience, including numerous structures at California Polytechnic State University at San Luis Obispo, K-12 school projects throughout San Luis Obispo and Santa
Barbara counties, and public works facilities and infrastructure. Charles is certified by APWA as a public works inspector and is a ICC- certified Master Inspector, certified by ICC for inspection
of reinforced concrete, pre-stressed concrete, structural masonry, structural steel and welding, and spray-applied fire-proofing to name a few. Charles studied engineering technology and
obtained a bachelor’s degree in Natural Resource Management from California Polytechnic State University.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
Hotel San Luis Obispo (Hotel SLO), Multi-Story Hotel and Parking Structure, San
Luis Obispo, CA: Hotel San Luis Obispo is located at 955 Morro Street in downtown San Luis
Obispo. The approximately 110,000 SF structure was constructed as part of a mixed-use project
in the Chinatown District of the city. The hotel encompasses 78 rooms and suites, two on-site
restaurants, a spa, garden courtyard, pool, gym and social event/meeting spaces for up to 350
guests. The multi-story building has a subterranean parking level, accessed via a ramp from
Morro Street, that entailed cuts of up to 17 feet. It utilized a conventional reinforced concrete
slab with poured-in-place retaining and shear walls and concrete columns. The first floor was
constructed utilizing a conventionally reinforced concrete slab, while the upper floors were
supported by post-tensioned concrete slabs with wood-framed construction.
Vespera on Ocean, Pismo Beach, CA: Vespera on Ocean is a 124-room Marriott Autograph
hotel located at 147 Stimson Avenue in Pismo Beach. Earth Systems conducted a geotechnical
engineering investigation for the project, which comprises an underground parking level, a
street level concrete podium deck and three stories of stud-framed hotel rooms, and exterior
pool and recreation areas. Challenges at the beach-front site included the potential for
liquefaction and dynamic settlement, subsurface water, and shoring of excavations adjacent to
adjacent buildings and infrastructure. Development of the site involved cuts of up to 16 feet to
accommodate the subterranean parking level.
San Luis Obispo County Regional Airport Passenger Terminal, San Luis Obispo, CA:
Earth Systems provided a geotechnical engineering report, materials testing and special
inspection for the recently completed San Luis Obispo County Regional Airport passenger
terminal. At approximately 56,000 SF, the new terminal is about 45,000 SF larger than the
previous facility. The $39.5 building includes a main entry, lobby, ticketing, baggage retrieval,
rental car and security screening areas, airport administration offices, a public parking lot and
main aircraft parking lot. It is of structural steel and masonry construction with a masonry
veneer. The building is supported by conventional continuous footing foundations and concrete
slabs-on grade.
Hotel Cerro, San Luis Obispo, CA: Earth Systems prepared reports to provide geotechnical
engineering criteria for the construction of the Hotel Cerro in downtown San Luis Obispo,
California. The 65-room structure includes 65 guest rooms, restaurant space, a conference
center, a spa and a rooftop pool deck. The structure consisted of wood and steel frame and
concrete cast-in-place construction.
William and Linda Frost Center for Research and Innovation, California Polytechnic
State University at San Luis Obispo, CA: The $125 million William and Linda Frost Center
for Research and Innovation will be an interdisciplinary building that will house three colleges
– the College of Science and Mathematics, the College of Agriculture Food and Environmental
Sciences, and the College of Liberal Arts. Currently under construction, the 102,000 SF structure
will have four levels and will include a total of 20 laboratories, a technology center, studio
space, classrooms, faculty offices, and conference rooms. A new plant conservatory is planned
for the hillside overlooking the Poly Canyon Village student housing complex.
ADDITIONAL INDUSTRY CERTIFICATIONS
DSA Pneumatically Pl. Concrete (#5954)
ACI Concrete Field Testing Technician, Grade 1 (No. 00931544)
Certified Nuclear Gauge Operator
Hazardous Waste Operations and Emergency Response, 40-hour and 8-hour refresher courses
(OSHA 29 CFR 1910.120 and Title 8, CCR 5192)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vii
EDUCATION
BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo, CA
LICENSES
Professional Land Surveyor
#LS7561, CA
STEVE WEBSTER, ls
SUPERVISOR OF SURVEYING
Steve has over 38 years of surveying experience in the office and the field. As a project manager, his primary responsibility is the management of construction projects. While at RRM
Design Group, he has performed surveying services, such as construction staking and boundary and topographic surveying, for both public and private sector clients. Along with field
surveying duties, Steve prepares construction stake calculations, conducts research and analysis of boundaries, and creates boundary, topographic, and ALTA maps. He has experience
with surveying equipment such as total and robotic stations and GPS.
PROJECT EXPERIENCE
Lucia Mar Unified School District, Arroyo Grande High School Parking, Arroyo
Grande, CA: RRM provided numerous layout concepts to maximize the existing parking
layout to accommodate a bus drop-off site and separate parking for the newly constructed
Performing Arts Center. RRM reviewed existing pavement conditions (to determine areas
that needed to be overlaid versus reconstructed) and prepared final construction documents
showing re-stripping of the area, relocation of parking lot lighting, and pavement
reconditioning. The total parking lot spaces provided were 367.
California Polytechnic State University, San Luis Obispo, Parking Structure, San
Luis Obispo, CA: RRM Design Group worked with Watry Design Group to design a new
1,300 car parking structure and multi-modal facility which will serve as the first of three
planned centers of public transportation on the Cal Poly San Luis Obispo campus.
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
Arroyo Grande Hospital, Parking Lot, Arroyo Grande, CA: RRM prepared studies to
review how the parking at Arroyo Grande Community Hospital could be increased to allow
for more parking on the site. After the plan was approved, RRM prepared the construction
documents to extend the current parking areas. The construction documents consisted of
grading, layout, electrical and landscape plans.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center Parking Structure Construction Staking, San Luis Obispo,
CA: RRM implemented the design and provided construction for phasing, staging, grading,
drainage, hydrology, parking, circulation, accessibility, off-site road design, and upgrades
to existing and new utility infrastructure. Following a two-year comprehensive planning
and design study led by RRM Design Group, the San Luis Obispo City Council approved the
Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital facilities. The Plan
calls for adding a new, 4-story, 85,000 SF tower to accommodate increased healthcare
demands, replace existing aging facilities, and add a new 45,000 SF medical office building
to serve the increasing demand for medical offices in San Luis Obispo. The Plan also includes
a new five-story, 400-space parking structure and a comprehensive reorganization of the
vehicle circulation.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for the Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX viii
EDUCATION
AS, Surveying and Forest Practices,
Kings River Community College,
Reedley, CA
BRIAN HELLWIG
SUPERVISOR OF SURVEYING
With a beginning in forestry and two decades of surveying experience, Brian is an expert surveyor. Brian offers experience in boundary surveying and construction staking of various
projects such as commercial, residential, and mixed-use developments. He has experience with surveying equipment such as total and robotic stations, high-definition three-dimensional
terrestrial laser scanning, GPS, and various surveying software. Brian’s previous work ranges from the expansive Hearst Boundary survey to the beautiful downtown Big Bear Streetscape.
His open communication style ensures that all parties involved in a project are updated with up-to-date and relevant information at every intersection.
PROJECT EXPERIENCE
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for The Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
City of Pismo Beach, Pismo Beach Pier Plaza and Parking Lot Upgrade, Pismo
Beach, CA: The City of Pismo Beach hired RRM to repurpose a portion of the existing
parking lot and expanded an existing small plaza at the base of the Pismo Pier. The plaza
is connected to two separate promenade boardwalks that run parallel to the beach. The
highlight of the plaza is two concrete slides that whisk giddy beachgoers of all ages from
the plaza onto the sand 16 feet below. Improvements include accessible access to the beach,
stepped seating, reconfigured parking lot, and a newly constructed restroom building.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot,
Pismo Beach, CA: Lucia Mar Unified School District hired RRM to make several campus
upgrades at Shell Beach Elementary School. This past spring, RRM completed updates to
reconfigure the student drop-off areas and school parking lot to improve the flow of traffic.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center, Parking Structure Construction Staking, San Luis
Obispo, CA: RRM implemented the design and provided construction for phasing, staging,
grading, drainage, hydrology, parking, circulation, accessibility, off-site road design, and
upgrades to existing and new utility infrastructure. Following a two-year comprehensive
planning and design study led by RRM Design Group, the San Luis Obispo City Council
approved the Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital
facilities. The Plan calls for adding a new, 4-story, 85,000 SF tower to accommodate
increased healthcare demands, replace existing aging facilities, and add a new 45,000
SF medical office building to serve the increasing demand for medical offices in San
Luis Obispo. The Plan also includes a new five-story, 400-space parking structure and a
comprehensive reorganization of the vehicle circulation.
Edward C. Little Water Recycling Facility, Visitor Center Renovation, El Segundo,
CA: A $9.6 million renovation of the visitor center resulting in a multipurpose visitor center
that will better enable West Basin to educate guests about the District’s mission, various
water recycling treatment processes, as well as water-related issues in the region.
ADDITIONAL EXPERIENCE
`Lucia Mar Unified School District, Oceano Elementary School Infrastructure Rehabilitation,
Oceano, CA
`City of San Luis Obispo, Police Station, San Luis Obispo, CA
`City of San Luis Obispo, Public Safety Dispatch Center, San Luis Obispo, CA
`Sierra Vista Hospital Heliport, San Luis Obispo, CA
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ix
EDUCATION
MS, Botany, California State University,
Chico
BS, Ecology and Evolution, University of
California, Santa Barbara
CERTIFICATIONS/
REGISTRATIONS
Certified Ecologist, Ecological Society
of America
California Rapid Assessment Method,
CRAM.org
Wetland Delineation Training, Richard
Chinn Environmental
PERMITS
Rare, Threatened, and Endangered
Plant Voucher Collecting Permit No.
2081(a)- 16-022-V – CDFW, 2018
COLBY BOGGS
SENIOR ECOLOGIST
Colby is a Principal and Senior Ecologist with Rincon Consultants. He brings over 23 years of professional experience as a botanist, ecologist, wetlands specialist, and biological sciences
educator and researcher. His duties at Rincon include biological field surveys for special status species, habitat and plant community mapping, wetlands assessments, biological resources
analyses, construction and mitigation monitoring, conservation planning, regulatory compliance, and the preparation of biological reports, environmental documents and permit
applications in support of CEQA, NEPA, Porter-Cologne Water Quality Control Act, California Fish and Game Code, California Coastal Act, Clean Water Act, Rivers and Harbors Act of 1899,
and State and federal Endangered Species Acts.
PROJECT EXPERIENCE
County of San Luis Obispo, QA/QC Biological Resources, On-call and Planning
Consultant Services for General Cannabis Case Processing, San Luis Obispo County,
CA: Colby worked with County staff, applicants and agents to process applications for proposed
cannabis operations which included indoor and outdoor cultivation and ancillary uses such as
distribution, processing, nursery, and small-scale non-volatile manufacturing. He reviewed
submitted application materials specific to biological resources, determined application
completeness in concurrence with County staff and prepared documentation of CEQA analysis
(IS-MNDs). Recently processed cases included production of the IS-MNDs for DRC2018-00010
Greenview, LLC and DRC2019-00110 Synergy Farms – Cano.
City of Paso Robles, QA/QC Biological Resources, Olsen-South Chandler Ranch, Paso
Robles, CA: Colby provided QA/QC for the Biological Resources section of the Paso Robles
Olsen/South Chandler Ranch Specific Plan Project. The 358-acre Specific Plan area represented
a key development area for the City, identified in the General Plan Land Use Element. The
project included a specific plan, general plan amendment, zone change, multiple tentative
tract maps, an oak tree removal permit, roadway abandonments and multiple development
agreements. The EIR analysis required a hybrid of programmatic and project-specific elements
to address the long-term impacts of buildout within the specific plan area as well as specific
impacts of the proposed residential, commercial and recreational uses in the specific plan area.
City of San Luis Obispo, QA/QC Biological Resources, San Luis Ranch Specific Plan
Project EIR, San Luis Obispo County, CA: Colby provided QA/QC for the Biological Resources
section of the San Luis Ranch Project on behalf of the City of San Luis Obispo. The 131-acre
project site represented a key development area for the City, identified in the land use and
circulation element update. The proposed project included a specific plan, general plan
amendment and development plan for a 131-acre project site, including annexation of the site
into the City of San Luis Obispo. This specific plan included a mixture of residential, commercial,
office and hotel uses, with a portion of the site preserved for agriculture and open space uses.
Our EIR approach on this project was a unique hybrid of programmatic and project-specific
elements developed in close coordination with City staff to address both the specific impacts of
the proposed development and the long-term impacts of buildout within the specific plan area.
South San Luis Obispo County Sanitation District, QA/QC Biological Resources,
Wastewater Treatment Plan Redundancy Project CEQA Technical Studies, Oceano,
San Luis Obispo County, CA: Colby served as Biological Resources Technical Advisor for
this project. The South San Luis Obispo County Sanitation District Redundancy project
involves the construction and operation of backup infrastructure at the District’s wastewater
treatment facility in Oceano. In support of Clean Water State Revolving Fund and United States
Department of Agriculture funding pursuits for the project, Rincon prepared technical studies
compliant with CEQAPlus and NEPA requirements. Technical studies include an Environmental
Report for Categorical Exclusion, a Federal Clean Air Act Conformity Analysis, a Cultural
Resources Assessment, and a Biological Evaluation. Rincon is also coordinating with U.S.
Department of Agriculture staff to facilitate the environmental review process and receive a
Biological Opinion from United States Fish and Wildlife Service for impacts to California red-
legged frog.
County of Santa Barbara, QA/QC Biological Resources, Arctic Cold Agricultural
Refrigeration Facility EIR, Santa Barbara County, CA: Colby is currently providing QA/QC for
the Biological Resources section of an EIR for the proposed Arctic Cold Agricultural Refrigeration
Facility in northern Santa Barbara County. The proposed project includes a Conditional Use Permit
and Development Plan for a freezer/processor facility on a 109-acre property east of Santa Maria.
Because the property is currently used for active agricultural production with a mix of row crops,
livestock grazing, and a vegetable cooling plant that is not a part of the proposed project, and
includes abandoned petroleum wells, the environmental evaluation focuses on agricultural
resources, air quality and greenhouse gas emissions, biological resources, hazards and hazardous
materials, transportation, and utilities and service systems.
City of Santa Maria, QA/QC Biological Resources, Area 9 Specific Plan EIR, Santa
Maria, CA: Colby provided QA/QC for the Biological Resources section of the EIR for the Area 9
Specific Plan. This project incorporated a range of land use components in a 900-acre Specific
Plan area, including agricultural manufacturing, commercial manufacturing, industrial,
commercial office, community commercial, open space, and mixed-use residential.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX x
EDUCATION
MS, Biological Sciences, California
Polytechnic State University, San Luis
Obispo
BS, Ecology and Systematic Biology,
Concentration in Wildlife Biology;
California Polytechnic State University,
San Luis Obispo
MICHAEL TOM, ms
SENIOR BIOLOGIST
Michael has experience conducting general and focused surveys for a variety of plant and animal species. He is proficient in maintaining herpetology collections and providing assistance
with a number of vertebrate and invertebrate species. Michael has working knowledge and training with the fauna and flora of the Central Coast, San Joaquin Valley, and desert regions
of California. He has also received specific training in survey protocols, habitat requirements and natural histories of the California Redlegged Frog (CRLF) and desert tortoise. Michael
has assisted in special status species, general wildlife and preconstruction surveys. He has performed protocol level surveys as well as preconstruction clearance and monitoring for San
Joaquin Kit fox. He has also performed protocol level surveys for desert tortoise, blunt nosed leopard lizard and California red-legged frog and has performed preconstruction surveys for
giant garter snake, western pond turtles, coast horned lizards, western spade foot toads, and nesting birds. He has been authorized by the U.S. Fish and Wildlife Service under Biological
Opinions for projects to handle CRLF and has handled the species on those projects where they were encountered.
PROJECT EXPERIENCE
SLO Creek California Red-legged Frog Habitat Assessment, San Luis Obispo County.
San Luis Obispo County, Supply line 36-9-09 emergency repair, Los Berros Creek, CA:
Conducted preconstruction surveys and monitoring for California red-legged frog. Captured
and relocated one California red-legged frog.
Santa Barbara County, Jail Northern Branch Facility, Santa Barbara, CA: California
red-legged frog habitat assessment in Santa Barbara County.
San Luis Obispo County, Arroyo Grande Creek at Rodriguez Road Grade Stabilization
Project: Conducted preconstruction surveys and monitoring for California red-legged frog.
Santa Rosa Creek Road 7.0 Emergency Culvert Repair Project Monitoring, San Luis
Obispo County, CA: Michael conducted preconstruction surveys and monitoring for California
red-legged frog.
San Luis Obispo County, California red-legged frog focused biological monitoring
for the Arroyo Grande Creek Levee Maintenance Project, San Luis Obispo County,
CA: Biological monitoring for the Old Los Berros Culvert Repair and Duckbill Valve Replacement
project.
San Luis Obispo County, City of Arroyo Grande, CA: California red-legged frog, western
pond turtle and nesting bird preconstruction surveys for the City of Arroyo Grande.
California red-legged frog and California tiger salamander focused construction
monitoring/relocation for the Salinas Road Interchange project, Salinas, CA:
Captured and handled four California red-legged frogs under the supervision of the authorized
biologist.
San Benito County, Vallecitos Oil Field and Gas Wells, Four Focused Project
Locations: California Tiger Salamander and California Redlegged Frog Habitat Assessment.
California Academy of Sciences and California Polytechnic State University
Biological Sciences Department: Four years of reptile and amphibian husbandry
experience (including handling of snakes, frogs, turtles, salamanders and lizards) combined
from the California Academy of Sciences and California Polytechnic State University Biological
Sciences Department.
PROJECT AUTHORIZATIONS
`California red-legged frog handling and relocation authorization, Los Osos Valley Road
Interchange Project, BO (1- 8-08-F-27)
`California red-legged frog handling and relocation authorization, Supply line 36-9-09
emergency repair, Los Berros Creek. Authorization under RGP 63 through Emergency
Section 7 Consultation with the USFWS.
`USFWS California red-legged frog handling authorization (Under supervision), Rodriguez
Waterline Stabilization Project. BO 8-8-12-F-17
`NMFS steelhead monitoring authorization under the supervision of lead fisheries biologist
Don Alley, Heritage Ranch Community Services District Gallery Well Repair Project. BO
151422SWR03SR8572
`USFWS California red-legged frog, San Joaquin kit fox and California condor monitoring
authorization, Heritage Ranch Community Services District Gallery Well Repair Project.
`USFWS California red-legged frog handling authorization (Under supervision), Salinas
Road Interchange Project. BO 8-8-09-F-65R
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xi
EDUCATION
BS, Forestry and Natural Resources,
Concentration in Wildlife Biology,
California Polytechnic State University,
San Luis Obispo
CERTIFICATIONS/
REGISTRATIONS
International Society of Arboriculture
Certified Arborist WE-12031A
USFS and CPUC approved Botanist,
Avian Biologist, and Bat Biologist
Department of Pesticide Regulation
Qualified Applicators License Category
E (Forest and Right-of-Way) License
#151384
Certified Recycled Water Site Supervisor
#5770
Professional Association of Diving
Instructors Certified Open Water Diver
CPR/First Aid Certified
CASEY CLARK
BIOLOGIST/ARBORIST/PROJECT MANAGER
Casey serves as a biologist, arborist and project manager under Rincon’s Natural Resources group. He is a personable, creative, and multifaceted California based biologist with an
expertise in botany and plant ecology. His responsibilities include leading and managing a variety of natural resources projects involving habitat suitability assessments, special-status
species surveys, habitat restoration success criteria monitoring, vegetation community classification and mapping, noxious weed surveys and risk assessments, jurisdictional delineations,
resource constraints analyses and arboricultural assessments. Mr. Clark has prepared extensive biological resources technical reports in support of the California Environmental Quality
Act and the National Environmental Policy Act. He has six years of experience in the environmental consulting industry and graduated cum laude from Cal Poly San Luis Obispo with a
Bachelor of Science in Forestry and Natural Resources where the focus of his coursework was in botany, wildlife biology, ecology, and resource conservation.
PROJECT EXPERIENCE
East Bay Municipal Utilities District, Quarry Site Restoration Project, Oakland, CA:
As Lead Biologist and Project Manager Casey prepared a competitive proposal that secured a
contract that contained rare plant surveys, a wetland delineation survey, and an arborist survey
for a potential East Bay Municipal Utilities District restoration project within an abandoned
60- acre quarry site outside of San Leandro, California. Casey lead the arborist surveys and
prepared a comprehensive Arborist Condition Report. He performed background research for
potential rare plants within the quarry site and managed the successful execution and delivery
of the Wetland Delineation Report. He served as the primary client-facing biologist managing
all aspects of the project, including budget, deliverable preparation and staff. The project was
successfully completed within budget.
Liberty Utilities, 650 Line Rebuild Project, Truckee, CA: Casey served as lead biologist
managing all project-related botanical tasks. He led full floristic field surveys, including
assessments for noxious weeds and rare plants and performed restoration success criteria
monitoring for the rebuild of approximately nine miles of power line reconstruction within the
Tahoe National Forest between the north shore of Lake Tahoe and Truckee, California. He also
prepared a comprehensive Botanical Resources Technical Report, Rare Plant Survey report, and
Invasive Plant Risk Assessment Report in cooperation with project mitigation measures. Casey
also utilized the data collected from bat roost habitat assessments and emergence reports to
prepare a Bat Emergence Survey Report.
San Diego Gas & Electric Company, Del Mar Reconfiguration Project, San Diego
County, CA: Lead project biologist managing all botanical tasks for the reconfiguration of an
existing 69 kilovolt power line, removal of an existing 69 kilovolt power line and conversion
of portions of existing 12 kilovolt distribution lines from an overhead to underground
configuration in San Diego County. Lead rare plant surveys and prepared a report documenting
over 25 species of special-status plants. Casey conducted and prepared preconstruction
surveys and reports, baseline restoration monitoring surveys and reports, monarch butterfly
monitoring, focused coastal California gnatcatcher surveys, nesting bird surveys and reports,
and conducted habitat assessments and emergence surveys for potential bat roosts.
Southern California Gas Company, Confidential Project, Various Counties/Cities,
Southern California: Lead surveys and prepared a Biological Resources Technical Report
in compliance with CEQA that identified existing or potential sensitive natural vegetation
communities, potentially jurisdictional aquatic features, and special-status plant and animal
species and their associated habitat for the installation of a proposed 30-inch diameter natural
gas pipeline beneath the Colorado River and the removal of the existing 30-inch-diameter
natural gas pipeline and it’s supporting suspension bridge over the river, extending southeast
from the community of Ehrenberg in Arizona into the City of Blythe in California. Assisted a
permitted biologist in focused western yellow-billed cuckoo and southwestern willow surveys
and report creation for client and agency submittal.
Southwest Gas Company, Helendale Hawes Line High-Pressure Main Replacement
Project, Various Counties/Cities Southern California: Casey lead surveys and prepared
a Biological Resources Technical Report in compliance with CEQA that identified existing or
potential sensitive natural vegetation communities, potentially jurisdictional aquatic features,
and special-status plant and animal species and their associated habitat. The project involved
the replacement of approximately 12 miles of 30-inch diameter natural gas pipeline traveling
immediately adjacent to the Mojave River in Helendale, California.
East Bay Municipal Utilities District, Walnut Creek Water Treatment Plant
Pretreatment Upgrades Project, Walnut Creek, CA: As Arborist and Project Manager,
Casey prepared a competitive proposal successfully securing a contract containing an arborist
survey for the 13.5 acre Walnut Creek Water Treatment Plant Upgrade Project in Walnut
Creek, California. Lead the arborist surveys and prepared a comprehensive Arborist Condition
Report, which made tree protection and removal recommendations based off protected tree
classifications, health condition and potential construction impact designations. As the primary
client facing biologist managing all aspects of the project, including budget, deliverable
preparation, and staff. Successful executive of the project granted additional arborist work at
the Lafayette Water Treatment facility in Lafayette, California.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xii
EDUCATION
MA, Anthropology, Northern Arizona
University
BS, Anthropology-Cultural Resources
Management California State
Polytechnic University, Pomona
CERTIFICATIONS/
REGISTRATIONS
Registered Professional Archaeologist
#415730, CA
AFFILIATIONS
Section 106 Compliance
Advanced Section 106
Society for American Archaeology
Society for CA Archeology
CHRISTOPHER DURAN, rpa
SENIOR ARCHAEOLOGIST
Christopher Duran is a Principal and Senior Archaeologist at Rincon Consultants, Inc. He brings more than a decade of professional experience in cultural resources management
and exceeds the SOI’s Professional Qualification Standards. In addition, he has worked throughout California for various federal, state, and local agencies and has worked on several
projects for private sector clients including developers and utility companies. Christopher has worked on hundreds of projects managing several millions of dollars in cultural resources
investigations. He is an expert in cultural resources management and has worked on projects in compliance Sections 106 and 110 of the National Historic Preservation Act (NHPA), the
National Environmental Policy Act (NEPA), and the California Environmental Quality Act (CEQA) as they pertain to cultural resources.
PROJECT EXPERIENCE
Watt Communities, LLC., Braverman Drive Tentative Map Project Phase II and III
Cultural Resources Investigations, City of Santee, CA: As Project Manager/Principal
Investigator, Christopher managed Phase II test investigations and managed field personnel
and reporting during the site evaluation phase of a residential development project in Santee
that includes one significant prehistoric site, CA-SDI-5669. Evaluation determined that CA-
SDI-5669 is eligible for listing in the California Register of Historical Resources and required
mitigation prior to ground disturbance related to construction of the development. Christopher
prepared and executed a Data Recovery Plan and Research Design to mitigate the site.
Santa Barbara County, Hollister Avenue Road Widening Project Cultural Resources
Investigation, Cities of Goleta and Santa Barbara, CA: The project included the
survey and documentation of a roadway interchange. Christopher led the field survey effort,
document production and recommendations for the project.
Southern California Gas Company, On-Call Cultural Resource Studies for Southern
California Gas Company, Southern California: As Principal Investigator/Project Manager,
Christopher prepared scopes of work, cost estimates and requests for service for archaeological
studies throughout Southern California Gas Company’s (SoCalGas) jurisdiction. To date, studies
managed for SoCalGas include emergency monitoring projects on Bureau of Land Management
(BLM) lands during evaluation of the integrity of Lines 2000 and 3000 that required
coordination between SoCalGas, BLM and a qualified subcontractor that performed the work.
Additional undertakings performed under this contract include monitoring at Mission Santa
Barbara, survey of two deep well anodes in the Mojave Desert, archaeological monitoring
during wetland delineation on Burton Mesa (Santa Barbara County), and monitoring during
pipeline installation for the Goleta Storage Project. Christopher also managed subcontractor
performance, tracked and managed invoicing, reviewed project deliverables and scheduled
qualified staff to perform the work.
Naval Facilities Engineering Command, Stuart Mesa West Phase II Archaeological
Investigation, Camp Pendleton, San Diego County, CA: As Field Director, Christopher
managed field crews, conducting test excavations, reporting and collections management.
Narven Enterprises, Archaeological Testing at 1441-1447 Sixth Avenue, San Diego,
CA: As Principal Investigator/Project Manager, Christopher coordinated the reparation and
implementation of an archaeological testing plan (ATP) for potential subsurface deposits
on a proposed redevelopment site in downtown San Diego. He reviewed and approved ATP
prior to submission to the client. The ATP was based upon the results of reviewing Sanborn
Fire Insurance maps dating to the turn of the nineteenth century that documented previous
development on the property. Christopher served as on-call Principal Investigator during
mechanical excavations on the property, the results of which were negative.
Bureau of Indian Affairs, Ewiiaapaayp Reservation Road Construction Cultural
Resources Inventory, Ewiiaapaayp Indian Reservation, San Diego County, CA: As
Project Manager/Principal Investigator, Christopher managed field crews, budgeting, and
maintained contact and coordination with the primary contractor, Bureau of Indian Affairs and
Tribal Government.
Bureau of Indian Affairs, La Posta Reservation Road Construction Cultural Resources
Inventory, La Posta Indian Reservation, San Diego County, CA: As Project Manager/
Principal Investigator, Christopher managed field crews, budgeting, and maintaining contact
and coordination with primary contractor, Bureau of Indian Affairs and Tribal Government.
Bureau of Indian Affairs, Santa Ysabel Reservation Road Reconstruction Cultural
Resources Inventory, Santa Ysabel Reservation, San Diego County, CA: As Project
Manager/Principal Investigator, Christopher prepared technical documents and provided
agency consultation.
Bureau of Land Management, Palm Springs South Coast Field Office, Canyon Lake
Fuels Reduction Cultural Resources Inventory Project, Riverside County, CA: As
Project Manager/Principal Investigator, Christopher managed fieldwork, field crew, scheduling,
budgeting, preparing the technical report and maintained client contact.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiii
EDUCATION
MA, Public Archaeology, California State
University Northridge
BS, Anthropology – Emphasis in
Physical Anthropology, University of
California, Santa Barbara
AFFILIATIONS
Register of Professional Archaeologists
Member
Society for California Archaeology
Member
Society for American Archaeology
Member
DUSTIN MERRICK, rpa
ARCHAEOLOGIST/PROJECT MANAGER
Dustin is an Archaeologist with Rincon Consultants, Inc. He has extensive experience with pedestrian survey, archaeological excavations, monitoring, site mapping, and site recordation.
Dustin also has experience managing projects throughout the Central Coast. He has worked with both prehistoric and historic archaeology throughout the Central Coast and Mojave
Desert areas as well as the Channel Islands. He is experienced in protecting and managing cultural resources and specializes in osteological, faunal, and paleoethnobotanical analyses,
specializing in prehistoric coastal and near-shore island environments.
PROJECT EXPERIENCE
Water Resource Recovery Facility Project, San Luis Obispo, CA: Dustin managed
archaeological and paleontological resource monitoring and directed all fieldwork associated
with the project. In addition, he worked directly with the City of San Luis Obispo and Native
American monitor for the reinternment of cultural materials.
Pacific Gas and Electric Cambria Access Road Maintenance Project, San Luis Obispo
County, CA: Dustin was field lead for the survey within United States Forest Service lands and
was the primary author of the technical cultural resource constraints report.
Pacific Gas and Electric Tassajara Road Maintenance Project, San Luis Obispo County,
CA: Dustin was field lead for the survey within United States Forest Service lands, coordinated
with the Native American Heritage Commission and local tribe members and was the primary
author of the technical cultural resource constraints report.
Central Coast Blue Test Injection Well Extended Phase I Study, City of Pismo
Beach, CA: Dustin managed all cultural resources components including survey, testing and
monitoring and was the lead author on the cultural resources study.
Cathodic Anode Well Project, Santa Barbara County, CA: Dustin was the field lead for
the survey within Bureau of Land Management lands, coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
report.
Organic Liberty Cultivation Project, Santa Barbara County, CA: Dustin was field lead
for the survey, coordinated with the Native American Heritage Commission and local tribe
members and was the primary author of the technical report. In addition, he was the lead for
the cultural resources and tribal cultural resources section in the environmental impact report.
Pacific Gas and Electric Vandenberg-Divide Project, Santa Barbara County, CA: Dustin
was field lead for the survey within Vandenberg Airforce Base lands and was the primary
author of the technical cultural resource constraints report.
Pacific Gas and Electric Gates Tulare Project, Tulare County, CA: Dustin was field
lead for the survey within Bureau of Land Management lands, coordinated with the Native
American Heritage Commission and local tribe members and was the primary author of the
technical cultural resource constraints report.
California High Speed Rail, Madera County, CA: Dustin was field lead for multiple
monitoring and survey efforts, coordinated with the local tribe members and was the primary
author of multiple technical cultural resource reports.
Rexford Solar project, Tulare County, CA: Dustin coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
cultural resource report. In addition, he was the project manager for the project and assisted
the survey effort.
Bellefield Solar, Mojave, CA: Dustin led the survey and is the project manager for the Phase
II testing. In Addition, Mr. Merrick coordinated with the Native American Heritage Commission
and local tribe members and was the primary author of the technical cultural resource report.
Aratina Solar Project, Mojave, CA: Dustin participated in the survey, coordinated with the
Native American Heritage Commission and local tribe members and was the primary author of
the technical report.
APN 038-260-049 Phase I Cultural Resources Study Project, Kings County, CA: Dustin
conducted a pedestrian survey of the property directly west and south of the Avenal Animal
Shelter, conducted Native American outreach and co-authored the technical report.
Solar Cultural Resources Investigation, Kern County, CA: Dustin served as a crew
member for the pedestrian survey and recorded prehistoric and historic sites using ArcPad GIS
software.
Cave Valley School Extended Phase I Study, Cool, CA: Dustin led the extended Phase I
excavation and was the lead author on the cultural resources study.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiv
EDUCATION
BA, Anthropology, San Diego State
University, San Diego, California
Minor, Geology, San Diego State
University, San Diego, California
JENNIFER DICENZO
PALEONTOLOGICAL PROGRAM MANAGER
Jennifer has over 10 years of fieldwork and consulting experience in California paleontology and archaeology. She received her BA degree in anthropology with a focus in archaeology and
a minor in geology with a focus on paleontology, at San Diego State University in 2012. She has made substantial contributions supervising field staff, surveying, construction mitigation
monitoring, data recovery, fossil salvage, laboratory fossil preparation, writing technical assessments, developing, and administering monitoring and mitigation plans, report writing,
managing projects, business development and graphic design. Jennifer has coordinated compliance monitoring on a range of projects including renewable energy, transmission lines,
housing and commercial developments, transportation and utility. She has written and supervised the preparation of numerous technical documents including paleontological resources
assessments and technical reports, impact analyses, paleontological mitigation and monitoring plans, paleontological section of if environmental impact reports, environmental
assessment reports, initial studies for mitigated negative declarations, paleontological monitoring reports and paleontological survey reports.
PROJECT EXPERIENCE
County of San Luis Obispo, San Luis Obispo County Paso Basin Land Use
Management Area Planting Ordinance Program Environmental Impact Report, San
Luis Obispo County, CA: As Senior Paleontologist/Project Manager, Jennifer was responsible
for overseeing the paleontological study for incorporation into the Program Environmental
Impact Report. The study included reviewing existing literature and geological mapping to
provide a paleontological resources assessment and sensitivity analysis and provided measures
to mitigate impacts to fossil resources.
City of San Luis Obispo, Utilities Department –Water Resource Recovery Facility
Project, San Luis Obispo County, CA: As Senior Paleontologist, Jennifer was responsible
for providing oversight and coordination of paleontological fieldwork for this ongoing mass
excavation into Quaternary older alluvial deposits.
Southern California Edison – Valle Substation Project, Ventura County, CA: As
Senior Paleontologist/Project Manager, Jennifer was responsible for providing oversight and
coordination of all fieldwork and prepared a summary of findings for a paleontological survey
of a proposed utility improvements project.
City of Port Hueneme –Bubbling Springs Routine Maintenance Agreement Project,
Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer oversaw a
paleontological initial study to be incorporated into the mitigated negative declaration for the
project. The study included reviewing existing literature and geological mapping to provide
a paleontological resources assessment and sensitivity analysis and provided measures to
mitigate impacts to fossil resources.
Caltrans District 8 – French Valley Parkway/I-15 Project, Riverside County, CA: As
Paleontologist, Jennifer was one of two paleontologists responsible for surveying, planning,
construction mitigation monitoring and writing the paleontological technical sections of the
final survey and monitoring reports of results of excavations into the highly sensitive Pauba
Formation in a complex area of the project requiring work on a busy freeway and city streets.
Casitas Municipal Water District – Ventura-Santa Barbara Intertie Project,
Ventura County, CA: As Senior/Project Manager, Jennifer was responsible for managing
paleontological consulting, monitoring, and reporting for several ongoing projects related the
Ventura-Santa Barbara Intertie Project. Jennifer supervised and coordinated paleontological
field personnel and provides guidance related to handling of paleontological resource localities
during excavations into multiple geologic units with a range of sensitivity.
Santa Clarita Valley Water Agency, South Wells PFAS Groundwater Treatment
Facility Project, Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer
oversaw a paleontological initial study to be incorporated into the mitigated negative
declaration for the project. The study included reviewing of existing literature and geological
mapping to provide a paleontological resources assessment and sensitivity ratings and
provided measures to mitigate impacts to fossil resources during construction of a proposed
per- and polyfluoroalkyl substances treatment facility.
Southern California Edison – Valley South Subtransmission Line Project, Riverside
County, CA: As Senior Paleontologist, Jennifer was responsible for leading a crew of 8+ team
members through 17 miles of a future linear transmission line. All survey work was incorporated
into the Proponents Environmental Assessment (PEA) for Southern California Edison. This
included proper BLM authorization and permitting to conduct surveying and a research design
for field reconnaissance related to the PEA, EIS/EIR documentation for the transmission line.
Greystar/City of San Diego – Sixth and Olive Project, San Diego County, CA: As Project
Manager/Senior Paleontologist, Jennifer was responsible for recovering 70 fossil specimens
from 9 localities. She drafted the budget, prepared the proposal, attended preconstruction
meetings with City of San Diego, provided record search and literature review results, then
applied cross trained archaeological and paleontological field and technical support during the
project, provided project management/scheduling, salvaged fossil specimens, prepared fossil
specimens in the laboratory, curated the fossil collection, and wrote the final paleontological
monitoring report for a mass excavation 70+ feet into San Diego Formation near Balboa Park
in eastern Downtown San Diego.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xv
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
Randy has over 38 years of experience in the construction industry involving the
management of multi-million dollar projects for public and private sector clients.
He has specialized in a variety of project types including parking structures, civic/
municipal, healthcare, corrections and education. Randy is an effective leader who
believes trust, efficient conflict resolution, commitment, personal accountability and a
goal-oriented approach are keys to a happy team and a successful project.
EDUCATION
BS, Construction Management,
Colorado State University
LICENSES & CERTIFICATIONS
General Building Contractor B License #816632, CA
LEED Accredited Professional; Assoc. Design-Build Prof.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential Community, San Luis
Obispo, CA: A $204 million, 562,446 SF design-build project featuring eight structures with four and five levels
above grade. The project featured single, double and quad units totaling 1,475 beds for first year students and an
associated parking structure totaling 154,363 SF and over 480 stalls.
Madera County Government Center, Madera, CA: A new $40 million, four-story, 131,000 SF administration
building consisting of office space for county officials, customer service areas, board chambers as well as various
conference and meeting rooms. The project also includes a new 400-car parking structure.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis Obispo, CA: A new $17.5
million (construction cost), 28,650 SF, single story bus maintenance facility with over 2,600 SF of mezzanine/
equipment platform located on a 6.44-acre site. The facility accommodates operations, administration and
maintenance areas and includes detached enclosures on-site, including a trash enclosure and canopy over bus
parking. Work also includes off-site improvements, specifically the T-intersection for future Elks Lane realignment.
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at the
Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
MATT CHAPPELL, eit, cep
Estimating Manager
Matt has more than 26 years of experience in private and public construction and design.
His experience includes project management, agency/contractor coordination, scheduling
and project budgets, utility construction and estimating on multiple municipal and
education projects. As a Certified Estimating Professional (CEP) by the Association for the
Advancement of Cost Engineering (AACE), Matt exemplifies the well-rounded construction
estimating professional.
EDUCATION
BS, Civil Engineering, University of Nebraska
LICENSES & CERTIFICATIONS
Engineer in Training #EI-7956, NB
Certified Estimating Professional #130-10
PROJECT EXPERIENCE
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A new $16 million, 31,000
SF, two-story office building featuring office space for county probation staff, interview rooms, training, conference
and evidence rooms, armory, secured sallyport, break rooms, locker and changing rooms, restrooms with showers, a
public lobby, parking as well as an emergency generator.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well as
intersection improvements at Arizona Avenue and Chicago Street.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA: A new
$1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to 11-story office
buildings with two multi-floor podiums at the base for the towers. Site improvements include a seven-level parking
garage with 1,294 spaces and an additional 318 surface parking spaces.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance and
operations facilities with a new bus maintenance building, operations building and an administrative office facility,
along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work includes
renovation of the existing building. The facility houses twelve additional executive offices and a new Board Room for
Butte County Association of Governments official board meetings.
AS-NEEDED IN-HOUSE SUPPORT SERVICES
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xvi
RICK STASSI
Scheduling Manager
Rick has over 45 years of technical and analytical industry scheduling experience, with
a diverse career in the engineering and project management fields. His experience
encompasses project controls, engineering support, customer service and information
technology support as well as scheduling, with excellent interpersonal and team building
skills. Rick is familiar with a wide range of systems and software including Procore, MS Project, Power BI, Primavera,
Prolog and AutoCAD. His experience includes high volume projects across several industries including water/
wastewater, aviation, civic/municipal, commercial and transportation.
EDUCATION
Coursework, Engineering, Sacramento City College
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, Vista Grande Dining Facility, San Luis
Obispo, CA: A new $39.8 million, 35,000 SF, three-story dining complex facility which replaces a 43-year
old facility. The new complex, which is double the size of the old facility, features six micro-restaurants with
exhibition-style cooking as well as increased seating and lounge space encompassed in a modern LEED Gold
certified building.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at
the Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating
and air conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA:
A new $1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to
11-story office buildings with two multi-floor podiums at the base for the towers. Site improvements include a
seven-level parking garage with 1,294 spaces and an additional 318 surface parking spaces.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has
a three level parking structure and a two-story office portion above the parking garage. This project is designed
to achieve LEED Gold certification.
Atascadero Unified School District, Measure I-10 & B-14 Bond Program, Atascadero, CA: A $126.2
million bond program providing expansion of vocational education programs and facilities, computer and
technology upgrades and construction of a new science, technology, engineering and math facility at the high
school as well as a new administration/classroom building at the middle school.
HEATHER BROWN, pe, cpmp, leed ap
Engineering & Architectural Services Director
Heather brings more than 27 years of experience in the construction industry, where she
has worked on a wide variety of public, higher education and commercial facilities. Her
experience includes project management, mechanical and plumbing design, assessing
and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD
drawings. Heather is responsible for the management of engineers and architects working with code, access
compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies,
specifications development, needs assessments, master planning studies, facility assessments and construction
inspections.
EDUCATION
MBA, Finance, California State University Sacramento
BS, Mechanical Engineering, University of Portland,
Oregon
LICENSES & CERTIFICATIONS
Mechanical Engineer #M31667, CA
LEED Accredited Professional
Commissioning Process Management Professional
PROJECT EXPERIENCE
San Luis Obispo Community College District, Photovoltaic Feasibility Study - Main and North Campus,
San Luis Obispo, CA: Kitchell performed a study exploring the feasibility of installing on-site solar photovoltaic
systems at Cuesta College’s Main and North Campus. The report investigated the electrical demand of the
campuses over the pre-pandemic fully operating time frame of 2018-2020, the existing electrical site conditions,
and civil infrastructure to determine the feasibility of installing an on-site solar photovoltaic system.
Civic Park Condominiums, Cupertino, CA: Mechanical Engineer for this 132,000 SF, 4-story mixed development
with 80 condominium units and 20,000 SF of retail and office space. The project also included a 120,000 SF, 3-level
parking garage.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has a
three level parking structure and a two-story office portion above the parking garage. This project is designed to
achieve LEED Gold certification.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well
as intersection improvements at Arizona Avenue and Chicago Street.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance
and operations facilities with a new bus maintenance building, operations building and an administrative office
facility, along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work
includes renovation of the existing building. The facility houses twelve additional executive offices and a new
Board Room for Butte County Association of Governments official board meetings.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 Marsh Street, Suite 150
San Luis Obispo, CA 93401
www.kitchell.com
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT C
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 1
Fee Proposal Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Compensation for Services
Kitchell’s philosophy for determining our compensation for services is driven by matching value to cost. In other
words, we strive to provide the most appropriate complement of services and delivery methods to meet your
objectives. Our primary goal is to align our understanding of the project success factors with your expectations.
Our approach can be best described as “bottom-up-planning,” where we define the tasks to be performed, produce
a detailed scope of services, identify staff that will implement the tasks, calculate the staff time requirement for
each task and determine the resulting compensation. We believe this method provides you with the most cost-
effective fee for the services provided.
Typically, we prefer to be compensated on a lump sum fixed fee basis derived by using the approach just described.
This arrangement eliminates the perception that the construction manager would benefit financially from
construction cost overruns and change orders. We do not make it a practice to request changes to our contract for
minor scope changes, or for major scope changes which can be managed within our established staffing plan and
schedule.
Billing amounts are determined using the method most appropriate to match the cost of carrying out our services.
We are accustomed to billing using various compensation methods, which include: a fixed billing schedule,
percentage of project/contract completion, and predetermined hourly rates, among other methods. Kitchell has
worked under many different compensation methods and is flexible in meeting your preferences.
Reimbursable Expenses
Reimbursable expenses are those customary and reasonable costs associated with carrying out our Construction
Management services and includes subconsultant invoices, Resident Engineer’s travel, printing, postage, and a
copier/scanner for the job site office. We will charge only actual costs plus 10% to cover invoice processing and
insurance. We understand the Phase 2 construction contract will include provisions for the contractor to provide an
office space and a conference room for the construction management team including electricity, phone, internet,
water, and sanitation services. Preconstruction services and Phase 1B construction services will be managed from
our San Luis Obispo Office.
Proposed Fees
Phase 1B and Phase 2 fees are summarized below and broken down in detail by task and staff billing rates with
estimated hours in the succeeding table. Subconsultant fees are identified within their respective tasks and
include Kitchell’s mark-up on their fees. Our fee is based upon utilizing a full-time Project Inspector provided by
Earth Systems. This position may not be redundant with City inspection, and if eliminated, would render $852,720
savings. Refer to the attached subconsultant fee proposal for further information regarding assumptions each firm
used in deriving their fees. Rincon’s fees are for basic services. Their fee proposal also includes optional services the
City may wish to consider.
Our fees are based upon the scope of services described in Appendix A of the RFP and the following durations:
Preconstruction services, 3-4 months from commencement of services to start of Phase 1B construction; Phase
1B, 6 months construction with post-construction concurrent with Phase 2 construction; Phase 2, 23 months
construction in sequence with Phase 1B construction followed by 3 months for post-construction.
Please see the following page for details.
Task Phase 1B Phase B
Task 1: Preconstruction Services $41,750 $22,500
Task 2: Construction Services $584,580 $2,788,440
Task 3: Geotechnical & Materials Testing & Specialty Inspection $111,553 $469,975
Task 4: Surveying $3,960 $19,800
Task 5: Construction Environmental Mitigation & Monitoring $29,638 $28,679
Task 6: Post-Construction Services $12,200 $126,500
Grand Totals:$783,681 $3,455,894
EXHIBIT C
REVISED 11.9.2022
$3,436,094
$405,060
$600,201
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
Description
Rate/
Unit Price
Phase 1B Phase 2
Hrs/Units Amount Hrs/Units Amount
Task 1: Preconstruction Services
Project Director $230 12 $2,760 2 $460
Resident Engineer $220 76 $16,720 40 $8,800
Assistant Resident Engineer/Sr. PM $205 76 $15,580 40 $8,200
Sr. Scheduler $180 20 $3,600 16 $2,880
Sr. Estimator $180 8 $1,440 12 $2,160
Reimbursable Expenses Allowance -$1,650 -$0
Task 2: Construction Services
Project Director $230 48 $11,040 184 $42,320
Resident Engineer $220 96 $21,120 736 $161,920
Assistant Resident Engineer/Sr. PM $205 920 $186,600 3,680 $754,400
Quality Assurance Manager $170 960 $163,200 3,660 $622,200
Project Engineer ---3,600 $396,000
Project Inspector (By Earth Systems)$187 960 $179,520 3,600 $673,200
Sr. Scheduler $180 72 $12,960 300 $54,000
Sr. Estimator ---200 $36,000
Reimbursable Expenses Allowance -$8,140 -$48,400
Task 3: Geotechnical and Materials Testing and Specialty Inspection (Performed by Earth Systems)
Earth Systems’ Fee with Kitchell
Mark-up Quotation -$111,553 -$469,975
Task 4: Surveying (Performed by RRM)
RRM’s Fee with Kitchell Mark-Up Quotation -$3,960 -$19,800
Task 5: Construction Environmental Mitigation and Monitoring (Performed by Rincon)
Rincon’s Fee with Kitchell Mark-Up Quotation -$29,638 -$28,679
Task 6: Post-Construction Services
Project Director ---24 $5,520
Resident Engineer ---24 $5,280
Assistant Resident Engineer/Sr. PM ---96 $19,680
Quality Assurance Manager $170 20 $3,400 240 $40,800
Project Engineer $110 80 $8,800 480 $52,800
Reimbursable Expenses Allowance -$0 -$2,420
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 3
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 2
Scope of Work
Phase 1B
Task 1 Project Initiation and Project Management
This task includes project management, client coordination, quality assurance/quality control, and
administration needed to prepare and execute the mitigation and monitoring plan for the project. The
Rincon Principal and/or Project Manager will participate in one (1) project kickoff call with Kitchell and
City staff. As part of this task, Rincon will undertake ongoing environmental compliance coordination
with Kitchell and the City, review the overall project schedule, and establish a communication protocol
to coordinate project changes or other issues that may arise throughout the duration of Phase 1B and
Phase 2 construction activities. The project management task will also focus on maintenance of the
project schedule.
Rincon will manage the project team associated with environmental compliance activities including any
optional tasks (if necessary), on-site monitoring, and reporting; coordinate the environmental review
process schedule; and provide project updates for the environmental compliance. Rincon’s principal in
charge and/or project manager will review and comment on the meeting minutes project status and
budget updates. In addition to the kickoff meeting, Rincon proposes to attend up to six (6) coordination
meetings with Kitchell and City staff, if applicable.
Task 2 Nesting Bird Surveys and Reporting
As outlined in the Plan, project activities that occur during the nesting bird season (February 1 through
August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more than
three days prior to the initiation of ground disturbance and/or vegetation removal activities.
A qualified Rincon biologist will conduct a nesting bird survey within three days prior to ground
disturbing and/or vegetation removal activities for Phase 1B and Phase 2 as two separate surveys based
on our understanding of the timing for each of these phases (see task 7). The nesting bird surveys will be
conducted within the project boundary plus a 500-foot buffer for raptors and within the project area
plus a 300-foot buffer for all other bird species where safely and legally accessible. The surveys will be
conducted on foot within all accessible areas. Binoculars will be used for all inaccessible areas (e.g.,
private lands).
This scope of work and associated cost assumes an individual nesting bird survey and report will be
required for each of two phases: Phase 1B and Phase 2. Each nesting bird survey can be completed by
one biologist in a single 4-hour day. If active an active nest(s) is found during a given survey, additional
field time will be required to complete the survey (i.e., observation and documentation time necessary
to assess nesting status such as clutch size and egg/fledging presence) and will be included as an
amendment. If either of the project’s phases are to occur outside of the nesting bird season, a nesting
bird survey and report will not be prepared for that phase.
Upon completion of each nesting bird survey, Rincon will prepare a brief letter report that includes the
purpose, methodology, and results. If active nests are found, a figure depicting the nest(s) location will
be prepared. The reports will include a recommended avoidance buffer and monitoring period if an
active nest is found within the survey area. Since the number of nests that may be identified is
unknown, our cost does not include installing nest buffer(s), additional coordination, or monitoring the
Rincon Consulting
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 3
active nest(s). If required, these monitoring tasks will be included as an additional scope of work to be
authorized by the City prior to completion. The cost for this task assumes the draft letter reports will be
submitted electronically for client review. Response to comments with up to two hours of staff time for
each report is included. The final drafts will be compiled and submitted electronically.
Task 3 Archaeological Construction Monitoring and Reporting for Phase 1B
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 1B
activities. Additionally, a qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior’s Professional Qualifications Standard for archeology, shall be retained to
oversee all mitigation measures related to archaeological resources, outlined in the following tasks.
Task 3.1 Project Kickoff and WEAP Training
Prior to the start of construction, Rincon will prepare a WEAP training program. The training will be
presented to all on-site personnel and will include a briefing regarding the types of archaeological
resources and/or fossils that could be found in the project area and the procedures to follow should
archaeological or paleontological resources be encountered. The training will also include a discussion of
applicable laws and penalties for removal or disturbance of archaeological or paleontological materials
found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be accomplished at the pre-construction kick-off meeting and will be conducted by the
Qualified Archaeologist, Qualified Paleontologist, or their designated representative(s).
Task 3.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 1B of the project. The monitor shall be on-site on a full-time basis
during initial earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the City, monitoring
may be reduced or eliminated based on observed conditions. The qualified archaeologist will observe
soil disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources
are encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the
event resources potentially significant under CEQA are encountered, further investigation beyond the
scope of work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
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Proposal to Provide Construction Environmental Mitigation and
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not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 4 Paleontological Construction Monitoring for Phase 1B
Task 4.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Optional Task 5 Historic American Building Survey Documentation
Phase 1B and 2 are subject to the requirements of MMRP Measure CR-1 outlined in the Final EIR MMRP,
which requires historic American building survey documentation prior to construction. If authorized,
Rincon will prepare the required Historic American Building Survey (HABS)-level III documentation of
two buildings, 610 and 614 Monterey Street prior to initiation of Phase 1B and Phase 2 construction
activities.
For this effort, Rincon’s project team will be led by Architectural History Project Manager JulieAnn
Murphy with oversight provided by Architectural History Principal Shannon Carmack. Both Ms. Murphy
and Ms. Carmack meet and exceed the Secretary of Interior’s Professional Qualification Standards (PQS)
for History and Architectural History (36 CFR, Part 61). Additionally, they have prepared several HABS-
like documentation packages for buildings and structures located throughout California.
Photographs
A Rincon Architectural Historian meeting the PQS Standards will conduct site visits to 610 Monterey
Street and 614 Monterey Street. The purpose of the site visit will be to photograph the buildings.
Photographs will be taken using a professional-quality single lens reflex digital camera. Large-format
photographs and site drawings/plans will not be included as a component of the HABS package; either
can be provided but would require a contract amendment. Images captured will include context views,
elevations/exteriors, architectural details, overall interiors, and interior details (if warranted). A
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Proposal to Provide Construction Environmental Mitigation and
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maximum of 30 views of each building will be taken. The actual number of views obtained will depend
upon site conditions, access, and safety considerations.
Rincon assumes the City’s staff will facilitate access to the buildings, including the interiors and exteriors
of the buildings. Given the close proximity of the buildings, Rincon further assumes one site visit will be
sufficient to complete documentation. Following completion of the site visit, Rincon will upload
photographs to an FTP site for review by the City to confirm that the photographs are adequate and will
satisfy the HABS documentation requirements.
Supplemental Research and Preparation of HABS Reports
Rincon will prepare a HABS-level III report for the buildings in a format consistent with the Secretary of
the Interior’s Standards and Guidelines for Architectural and Engineering Documentation: Historic
American Building Survey. The report will include a physical description of the buildings and available
information on their design and history. It will document the buildings’ construction history,
architecture, and historical significance. Rincon will draw on existing documentation to the greatest
extent feasible and will perform additional research as needed. The scope for this task does not include
preparation of updated Department of Parks and Recreation (DPR) forms.
Compilation of HABS Documentation Packages
Upon completion the tasks described above, Rincon will assemble a HABS-level III documentation
package for each building. The package will include photographs and the HABS-level III report. It will
integrate any additional data collected. A map indicating the location from which each photograph was
taken, and a photograph log, will be included for reference. A draft digital copy of each package will be
submitted to the City for review and approval, following which point it will be finalized.
Following finalization, Rincon will send original hard copies of the packages to San Luis Obispo Library
and the History Center of San Luis Obispo County to satisfy the specific requirements of MMRP Measure
CR-1. The photographs and the report will be printed on acid-free archival-bond paper and labeled and
stored in archival sleeves and folders accordingly. The entire package will be housed in an acid-free
storage container prior to delivery. Should additional hard or electronic copies of the documentation
packages be requested, a change order will be necessary.
Optional Task 6 Extended Phase 1 Testing
Based on the findings of the Mitigation and Monitoring Plan prepared by Rincon in 2022, the anticipated
method for investigating subsurface remains associated with CA-SLO-2431H is through an Extended
Phase 1 (XPI) investigation consisting of mechanical backhoe trenching subsequent to demolition and
pavement removal. Use of a backhoe will allow for an expedited review of the soil profiles and an
assessment as to the potential to encounter buried archaeological deposits. The area of disturbance for
demolition and pavement removal for Phase 1B and Phase 2 of the project is approximately 300 feet by
200 feet. Therefore, four backhoe trenches oriented from east to west and spaced approximately 20
meters (66 feet) apart will be necessary. Rincon assumes the XPI investigation will be negative for
subsurface archaeological material that will require formal evaluation. In the event subsurface deposits
that require such evaluation are identified during the XPI investigation, a budget amendment would be
necessary to document and evaluate the finds. If the XPI investigation is positive, a Phase 2 significance
evaluation may also be necessary to determine if the project will have a significant impact on the
resource and to evaluate the deposit(s) for significance under CEQA. If an intact archaeological deposit is
encountered during the Phase 2 that cannot be avoided by project design, a Phase 3 data recovery
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excavation of the deposit would likely be necessary to mitigate impacts. Phase 2 and Phase 3 testing
would require a separate scope of work and cost.
Optional Task 6.1 Extended Phase 1 Testing Plan
Rincon will prepare an XPI work plan upon authorization. The work plan will include a discussion of the
goals of the study, methods to be employed, and factors that determined the scope. Rincon assumes
this plan will be submitted electronically and approved with a single combined round of comments from
the City.
Optional Task 6.2 Extended Phase 1 Fieldwork
This work effort will be conducted under the direction of Rincon archaeologist Dustin Merrick, MA, RPA,
who meets the Secretary of the Interior’s Professional Qualification Standard for prehistoric and historic
archaeology. Under the direction of the Qualified Archaeologist, two Rincon archaeologists will direct
the mechanical excavation of a series of up to four (4) trenches totaling approximately 800 linear feet to
assess the presence or absence of subsurface archaeological deposits associated with CA-SLO-2341H
within the project site. XPI fieldwork will require a two-person crew for no more than five (5), eight (8)
hour days inclusive of travel time. Trenching will be performed by a qualified excavation contractor
under the direction of the Rincon field director. This scope of work assumes costs for the excavation
contractor will not exceed $1,200 per day. Rincon assumes that the presence of a Native American
monitor will not be required for excavation activities, as no prehistoric resources are anticipated.
For the purposes of this proposal, Rincon estimates that no more than four (4) trenches will be
excavated. Excavation will be conducted using a standard backhoe fit with a flat blade. Excavation will
be conducted in small lifts (10 to 20 cm) so that any archaeological materials, features or deposits can
be identified immediately upon exposure. Stratigraphic soil profiles will be drawn of at least one side
wall of a representative sample of the trenches.
In lieu of hand excavation, Rincon will screen samples of excavated soils from the trenches to identify
the amounts and types of artifacts and ecofacts that may be present in particular soil strata. Samples
will be screened from different stratigraphic layers as identified in the field and at systematic intervals
during trenching. The excavated soils will be dry screened through 1/8-inch (3-millimeter) mesh.
Artifacts and ecofacts recovered during screening will be analyzed and documented in the field; no
artifacts, samples, or specimens will be collected during the testing and no laboratory analysis is
currently proposed. Artifacts recovered will be reburied within the trenches during backfilling.
Excavation forms will be prepared providing all pertinent data (e.g., trench number, date, provenience,
location justification, and termination justification). All excavation locations will be recorded using a sub-
meter-accurate handheld GPS unit and documented both with notes and photographs. Should feature(s)
be encountered that require hand excavation, Rincon will expose the feature so that it can be identified
and its location recorded but will not complete full excavation of the feature. Complete recovery of the
feature would be proposed for Phase 3 efforts, if needed. Should the feature consist of human remains,
Rincon will cease work and notify the Kitchell, the City and the County Coroner. Rincon will submit a
budget augmentation for the additional work related to the treatment of human remains that are
Native American in origin.
Optional Task 6.3 Extended Phase I Reporting
Rincon will prepare a technical report to document the results of the investigation. The report will be
prepared following the California Office of Historic Preservation’s Archaeological Resource Management
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Proposal to Provide Construction Environmental Mitigation and
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Reports (ARMR) Guidelines. The report will include a discussion of the findings of the study and all
appropriate maps, figures, photographs, and tables. The report will also provide management
recommendations for the project and outline procedures to be followed in the event of an
unanticipated discovery during project construction. No more than one round of revisions to the XPI
report will be necessary following review by Kitchell and the City.
In addition to the XPI testing report, Rincon will prepare Department of Parks and Recreation 523 series
forms to update the existing resource record (CA-SLO-2341H) that was identified within the current
project boundaries.
Phase 2
Task 7 Nesting Bird Surveys and Reporting
As described under Task 2, project activities that occur during the nesting bird season (February 1
through August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more
than three days prior to the initiation of ground disturbance and/or vegetation removal activities. Upon
completion of the nesting bird survey, Rincon will prepare a brief letter report that includes the purpose,
methodology, and results as described in greater detail under Task 2.
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 2 activities.
Additionally, a qualified principal investigator, defined as an archaeologist who meets the Secretary of
the Interior’s Professional Qualifications Standard for archeology, shall be retained to oversee all
mitigation measures related to archaeological resources, outlined in the following tasks.
Task 8.1 Project Kickoff and WEAP Training
Rincon will present the previously prepared WEAP for Phase 1B during the initiation of Phase 2
construction activities. The training will be presented to all on-site personnel and will include a briefing
regarding the types of archaeological resources and/or fossils that could be found in the project area
and the procedures to follow should archaeological or paleontological resources be encountered. The
training will also include a discussion of applicable laws and penalties for removal or disturbance of
archaeological or paleontological materials found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be conducted on the first day of Phase 2 construction monitoring. Rincon assumes the
Phase 1B WEAP will be sufficient and new WEAP or any preconstruction preparation will be required
Task 8.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 2 of the project. The monitor shall be on-site on a full-time basis during
initial earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions. The qualified archaeologist will observe soil
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Proposal to Provide Construction Environmental Mitigation and
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disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources are
encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the event
resources potentially significant under CEQA are encountered, further investigation beyond the scope of
work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 8.3 Archaeological Monitoring Letter Report
Upon completion of the monitoring effort, Rincon will prepare a letter report that will describe the
results, analysis, and conclusions of the archaeological monitoring effort. The letter report will be
submitted to Kitchell and the City for review and approval within 30 days following the completion of
monitoring. Rincon will respond to one (1) round of consolidated, minor comments on the draft letter
report from Kitchell and the City staff. A copy of the final version of the letter report will be submitted to
the City within 30 days of approval. All deliverables will be presented electronically. After the final copy
is accepted by the City, the final report will be submitted to the Central Coast Information Center.
Rincon assumes the archaeological monitoring letter report findings will be negative. Should a resource
be discovered during archaeological monitoring, Rincon will request a scope and budget augmentation
for the additional scope and cost. Rincon assumes that a single letter report for Phases 1B and 2 will
suffice; therefore, we have budgeted a single letter report as a cost-saving measure.
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
Kitchell
Proposal to Provide Construction Environmental Mitigation and
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Page 9
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Task 9.2 Paleontological Negative Findings Letter Report
Rincon will prepare a final monitoring letter report that will outline the methodology of paleontological
monitoring at the project site, describe the construction activity and duration, describe the lithology of
the depositional units exposed during excavations, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered during
monitoring activities. Rincon assumes that a single letter report for Phases 1B and 2 will suffice;
therefore, we have budgeted a single letter report as a cost-saving measure.
Assumptions
Our scope of work and cost for this project has incorporated the following assumptions.
▪ This proposal assumes no cultural resources will be discovered during cultural resources monitoring
and the current scope of work and cost estimate does not include analysis, collection, laboratory
preparation, or documentation of identified cultural resources discovered during monitoring. A
scope and budget augmentation will be requested to address finds encountered during monitoring.
▪ Access to the project boundary will be provided by Kitchell. The project boundary within private
lands will be surveyed with the use of binoculars for the nesting bird survey.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ One WEAP training by the archaeological and paleontological monitors on the first day of
monitoring will be sufficient to train the entire construction crew and no additional WEAP training
will be necessary. If additional training for new crew members is needed, Rincon can provide
recorded presentations.
▪ Rincon assumes negative findings during paleontological monitoring, and the current cost estimate
does not include expenses related to the treatment and curation of fossil specimens. Should fossils
be recovered during monitoring, Rincon will immediately prepare an estimate for the anticipated
costs associated with documentation and reporting requirements for the discovery.
▪ Kitchell will provide current project site plans for inclusion in the Archaeological Monitoring
Technical Memorandum
▪ In light of the current COVID-19 pandemic, Rincon staff will conduct the nesting bird survey in
accordance with the most current relevant, local COVID-19 safety protocols and social distancing
guidance.
▪ Rincon is not responsible for damage to subsurface structures, utilities, pipelines, or other objects
that are not marked or identified to us by client or Underground Service Alert utility notification
service, provided that we have made appropriate inquiries to USA utility notification services.
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Proposal to Provide Construction Environmental Mitigation and
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▪ Rincon assumes that the extended Phase I testing will not discover a resource that could be
considered a historical resource under CEQA, and the current scope of work and cost estimate does
not include analysis, collection, laboratory preparation, or documentation of identified cultural
resources discovered during testing. If a cultural resource be discovered that has the potential to be
a historic resource under CEQA, a scope and budget augmentation will be requested to address
finds encountered during testing.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ If additional effort is required beyond that identified in the work program outlined above, Rincon
will perform the work on a time and materials basis with an amendment of the project cost and
scope of work approved by Kitchell. These rates do not include overtime or penalties for missed
meal periods. Should overtime be required, hours greater than eight (8) hours per day onsite or 40
hours per week onsite will be charged at a rate consistent with California state law (generally 1.5
times). As part of this work program, Rincon assumes a meal period will be allotted before the fifth
hour of work. If a meal period is not allotted by the end of the fifth hour on any workday, an
additional hour of labor will be charged. No additional services would be provided without receipt of
prior written approval.
Schedule
Construction monitoring activities (Tasks 2, 3, 4, and optional Tasks 5 and 6) would proceed alongside
the planned project construction schedule for Phase 1B. Similarly, construction monitoring activities
(Tasks 7, 8, and 9) would proceed alongside the planned project construction schedule for Phase 2.
Cost
Rincon will complete the work scope for the tasks identified above to not exceed of $53,016 for Tasks 1
through 4 and $107,163 including all optional tasks. No other services will be provided without your
express written authorization. Please see Table 1 below for a cost breakdown of each task.
Table 1 Cost Summary
Tasks Cost
Phase 1B
Task 1 Project Initiation and Project Management $4,165
Task 2 Nesting Bird Surveys and Reporting $3,265
Task 3 Archeological Construction Monitoring and Reporting for Phase 1B
Task 3.1 Project Kickoff and WEAP Training $2,508
Task 3.2 Archaeological Monitoring $8,503
Task 4 Paleontological Construction for Phase 1B and Phase 2
Task 4.1 Paleontological Monitoring $8,503
Optional Task 5 Historic American Building Survey Documentation $19,609
Optional Task 6 Extended Phase 1 Testing
Optional Task 6.1 Extended Phase I Testing Plan $4,744
Optional Task 6.2 Extended Phase I Fieldwork $23,204
Optional Task 6.3 Extended Phase 1 Reporting $6,590
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Proposal to Provide Construction Environmental Mitigation and
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Phase 2
Task 7 Nesting Bird Surveys and Reporting $3,265
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
Task 8.1 Project Kickoff and WEAP Training –
Task 8.2 Archaeological Monitoring $8,503
Task 8.3 Archaeological Monitoring Letter Report $3,739
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring $8,503
Task 9.2 Paleontological Negative Findings Letter Report $2,062
Total $107,163
All work will be performed on a time and materials basis in accordance with the work scope outlined
above. Should the actual effort required to complete the tasks be less than anticipated, the amount
billed will be less than the total cost outlined above. This cost estimate is in effect for a period of 30
days, during which time all of the elements of this proposal are fully negotiable to meet the needs of
Kitchell.
This work effort will be managed by Rincon Project Manager Dustin Merrick, M.A., Registered
Professional Archaeologist (RPA), and Rincon Principal Christopher Duran, M.A., RPA. Both Mr. Merrick
and Mr. Duran meet the Secretary of the Interior’s Professional Qualification Standards for prehistoric
and historic archaeology (NPS 1983).
Rincon is prepared to begin the work scope outlined above following receipt of a signed copy of this
proposal as well as a retainer of $13,250 (approximately 25 percent of the proposed budget, not
including optional tasks).
Thank you for your consideration and for this opportunity to support your project. If you have any
questions regarding this proposal, please contact Mr. Merrick at (805) 762-4064 or
dmerrick@rinconconsultants.com, or Mr. Duran at (805) 644-4455, extension 22 or
cduran@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Dustin Merrick, MA, RPA
Project Manager/Archaeologist
Christopher Duran, MA, RPA
Principal/Senior Archaeologist
Attachments
Attachment 1 Reference List
Attachment 2 Resumes of Key Personnel
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RRM Design Group
1
SCOPE OF SERVICES
TASK S.1: CONSTRUCTION STAKING
This task will include the following:
SUBTASK S.1A: PHASE 1B STAKING
Rough Grade/Shoring Staking
• One (1) set of rough grade and shoring offset stakes with grades to finish grade
SUBTASK S.1B: PHASE 2
Sawcut
• One (1) set of stakes will be provided for sawcut lines
Sewer
• One (1) set of offset stakes will be provided for sewer services with grades to flowline
Water
• One (1) set of offset stakes will be provided for water services with grades to finish the surface or top
of curb
Storm Drain
• One (1) set of offset stakes at an interval of no greater than 50 feet, angle points and tees with grades
to flowline. Double offsets will be provided for utility holes, drainage chambers and drain inlets with
grades to flowline in/flowline out and rim/top of grate
Building
• One (1) set of offset stakes at grid lines 1 through 14, A, A.1, A.3, A.4, A.6, A.8, A.9, B, B.2, B.3, B.6,
B.7, C, C.1, C.2, C.3, C.5, C.6, C.7, C.8, D, E for level one (1) with grades to finish surface
Walls
• One (1) set of offset stakes to centerline of wall with grades to top of footing or finish surface.
• Street lights/transformers/vault
• One (1) set of double offsets stakes to street lights transformers and vaults with grades top of curb or
finish surface
• Curb, flatwork
• One (1) set of offset stakes to face of curb at an interval of no greater than 50 feet along straight
sections and interval of no greater than 25 feet on curves sections, grade breaks, angle points and
radius points with grades to top of curb or finish surface
NOTE: Gas lines and conduits are not included in this proposal
2
MOVE-IN SCHEDULE:
It will be the contractor’s responsibility to review the following move-in schedule with respect to possible
phasing and overall project schedule. Any changes to this move-in schedule must be made prior to the
award of contract.
MOVE-IN SCHEDULE AND FEES
Item No. Description No. of Move-ins
1 Rough Grade/Shoring 2
2 Sawcut 1
3, 4 Sewer/Water 1
5 Storm Drain 1
6 Building 1
7 Walls 1
8 Street Lights/Transformers/Vault 1
9 Curb, Flatwork 3
Total Moves to Site: 11
Deliverables:
• Construction Stakes
Fixed Fee:
• Subtask S.1A: $3,600.00 (see footnote 1) This fee is based on prevailing wage
• Subtask S.1B: $18,000.00 (see footnote 1) This fee is based on prevailing wage
TASK S.2: RE-STAKING AND ADDITIONAL SERVICES
All re-staking and services beyond the scope of work described herein will be performed on an hourly basis
based on standard billing rates at the time the services are requested.
Fee: Time and Materials
• Hourly (see footnote 2)
Fee Footnotes
1. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount
stated in the contract for the task is invoiced.
2. Amounts billed for tasks shown as “Time and Materials” (T&M) will reflect actual hours worked.
TOTAL RRM SERVICE FIX FEES: $21,600.00
Any work outside the scope of the original agreement between RRM Design Group and the Client and
authorized by Client, is subject to the Terms and Conditions of the Prime Agreement.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 9
BILL RATE RANGES
Subject to change effective March 1st each year
EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year
ARCHITECTURE INTERIOR DESIGN
Architect 95$ -155$ Designer I 60$ -95$
Associate Manager of Architecture 140$ -200$ Designer II 70$ -120$
Design Director 145$ -240$ Interior Designer I 75$ -125$
Designer I 70$ -100$ Interior Designer II 90$ -150$
Designer II 80$ -125$ Intern 45$ -85$
Designer III 95$ -150$ Job Captain 105$ -165$
Intern 45$ -85$ Senior Interior Designer 110$ -195$
Job Captain 95$ -150$
Manager of Architecture 165$ -280$ LANDSCAPE ARCHITECTURE
Principal 185$ -350$ Assistant Designer 70$ -110$
Project Architect 115$ -185$ Associate Designer 80$ -125$
Project Designer 115$ -185$ Designer 95$ -140$
Project Manager 115$ -185$ Design Director 135$ -235$
Senior Architect 135$ -235$ Intern 45$ -85$
Senior Designer 135$ -220$ Landscape Architect 95$ -145$
Senior Project Manager 135$ -240$ Manager of Landscape Architecture 150$ -245$
Principal 185$ -350$
ENGINEERING & SURVEYING Principal Landscape Architect 135$ -235$
Associate Engineer 115$ -170$ Senior Landscape Architect 115$ -175$
Construction Inspector 105$ -175$
Designer I 55$ -95$ PLANNING
Designer II 75$ -125$ Assistant Planner 90$ -130$
Designer III (Structural only)90$ -135$ Associate Planner 105$ -170$
Engineer I 90$ -140$ Intern 45$ -85$
Engineer II 105$ -165$ GIS Specialist 80$ -150$
Land Surveyor 115$ -170$ Senior GIS Specialist 105$ -185$
Manager of Engineering Services 170$ -280$ Manager of Planning 175$ -265$
Manager of Surveying 155$ -235$ Principal 185$ -350$
Party Chief 90$ -150$ Principal Planner 165$ -250$
Principal 185$ -350$ Senior Planner 135$ -205$
Project Engineer 125$ -185$ Senior Urban Designer 135$ -210$
Project Manager 150$ -245$ Urban Designer 105$ -170$
Senior Associate Engineer 130$ -210$
Senior Designer 110$ -185$ CORPORATE SERVICES
Senior Land Surveyor 135$ -210$ Administrative Assistant 60$ -95$
Senior Party Chief 115$ -185$ Administrative Coordinator 75$ -130$
Senior Project Engineer 140$ -230$ Assistant Office Manager 90$ -135$
Supervisor of Surveying 145$ -220$ Chief Executive Officer 195$ -500$
Survey Technician I 60$ -100$ File Clerk/Administrative Support 45$ -65$
Survey Technician II 75$ -115$ Marketing Assistant 45$ -85$
Survey Technician III 90$ -155$ Marketing Coordinator 65$ -115$
Surveying Crew Rates Marketing Manager 125$ -235$
REGULAR Marketing Specialist 90$ -155$
One person w/ GPS or Robotic Workstation 125$ -155$ Office Coordinator 75$ -130$
Two person 175$ -290$ Proposal Coordinator 80$ -140$
Three person 235$ -390$ Receptionist 45$ -80$
PREVAILING WAGE Senior Marketing Specialist 105$ -190$
One person w/ GPS or Robotic Workstation 150$ -180$
Two person 225$ -340$
Three person 325$ -490$
Rev 3/1/2022
3
CONSTRUCTION STAKING CONDITIONS:
1. It will be the contractor’s responsibility to inform RRM of changes in the Plans and Specifications that
will affect the location of improvements. RRM will not be liable for misplaced improvements due to such
changes that were not brought to our attention. Additional work caused by changes to the Plans and
Specifications will be billed on an hourly basis. Also, any construction based on staking requested by the
contractor based on unapproved plans and specifications will be done at the contractor’s sole risk. RRM
will not be held liable for damages suffered by the contractor resulting from changes to the plans after
RRM has set stakes.
2. To provide for reasonable preparation and organization, requests for staking should be made at least 48
hours in advance. Although RRM will make every effort to accommodate the unforeseen, no guarantee
can be made without sufficient notice.
3. The contractor will be responsible for ensuring that the construction site is clear of debris and vehicles
before ordering stakes. If staking is requested and site conditions do not allow the survey crew to
work, you will be charged hourly for the time lost. This does not include poor site conditions caused by
weather or other circumstances beyond the control of the contractor.
4. Any claim against RRM for losses or damages resulting from errors in staking (either horizontal or
vertical) must be accompanied by proof of the actual location of the stake used and the information
written on the lath (i.e., stakes must still be in place in the field when the claim is made).
5. The contractor will be responsible for discussing offsets for stakes prior to fieldwork. Otherwise,
offsets will be chosen according to standard practice in this County, and any changes requested after
the completion of staking will be billed to the contractor as an extra.
6. For your convenience, we will provide the job superintendent with a “construction staking request
form” that must be signed before any extra work beyond the scope of the contract is done. Copies of
this signed form will be sent with each monthly billing for your records.
7. Stakes shall be used only for their intended purpose. For example, rough grade stakes shall not be used
for finish grading or building layout.
8. Three (3) consecutive points shown to be on the same slope rate must be used in common order that
the contractor may detect any variation out of a perfect straight grade. In case any discrepancy is found,
it shall be reported to the surveyor. Otherwise, the surveyor will not be responsible for any error in
grade of the finished work.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 10
Earth Systems
EARTH SYSTEMS | AUGUST 29, 2022 | CITY OF SAN LUIS OBISPO - CULTURAL ARTS DISTRICT PARKING STRUCTURE
Earth Systems FEE BREAKDOWN
Hours/Units Rate Total
Earth Systems Fee Breakdown
PROJECT:
DATE:
Hours/Units Rate Total
PHASE IB - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Project Inspector 960 $170.00 $163,200.00
Subtotal Task 2 $163,200.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 40 $225.00 $9,000.00
Grading Observation and Testing 320 $140.00 $44,800.00
Special Inspection - Shoring Wall 120 $145.00 $17,400.00
Reporting and Document Posting 40 $125.00 $5,000.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)170 $7.50 $1,275.00
Laboratory Testing - Per Fee Schedule (Allotment) $12,000.00
DIR/ECPR Posting 20 $90.00 $1,800.00
Subtotal Task 3 $100,775.00
Hours/Units Rate Total
PHASE 2 -
Project Inspector 3600 $170.00 $612,000.00
Subtotal Task 2 $612,000.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 100 $225.00 $22,500.00
Grading Observation and Testing - 2023 280 $140.00 $39,200.00
Special Inspection - 2023 320 $145.00 $46,400.00
Grading Observation and Testing -2024 120 $140.00 $16,800.00
Special Inspection -2024 1600 $145.00 $232,000.00
Reporting and Document Posting 180 $125.00 $22,500.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)700 $7.50 $5,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $25,000.00
DIR/ECPR Posting 90 $90.00 $8,100.00
Subtotal Task 3 $427,250.00
TOTAL TASK 2 $775,200.00
TOTAL TASK 3 $528,025.00
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
City of San Luis Obispo - Cultural Arts District Parking Structure
August 29, 2022
Cultural Arts District Parking Structure - 450 Work Day Duration
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
PHASE 1B - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Hours/Units Rate Total
PHASE 2 - Cultural Arts District Parking Structure - 450 Work Day Duration
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
Certificate Of Completion
Envelope Id: 39089CD97632471F8036895978DF81A8 Status: Completed
Subject: Complete with DocuSign: Resident Engineer and Construction Management - Agreement.pdf
Department:
Supplier:
Source Envelope:
Document Pages: 93 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Argelia Chang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
achang@slocity.org
IP Address: 104.129.202.169
Record Tracking
Status: Original
12/15/2022 11:55:07 AM
Holder: Argelia Chang
achang@slocity.org
Location: DocuSign
Signer Events Signature Timestamp
Wendy Cohen
wcohen@kitchell.com
President
Kitchell CEM, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.220.121.60
Sent: 12/15/2022 11:58:04 AM
Resent: 12/22/2022 4:26:12 PM
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Signed: 12/23/2022 7:27:50 AM
Electronic Record and Signature Disclosure:
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Randy Rominger
rrominger@kitchell.com
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Using IP Address: 174.87.132.185
Signed using mobile
Sent: 12/23/2022 7:27:55 AM
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Electronic Record and Signature Disclosure:
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ID: ab204dce-8a22-46ed-ba83-0c357d81b18c
Christine Dietrick
cdietric@slocity.org
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Signature Adoption: Drawn on Device
Using IP Address: 104.129.202.90
Sent: 12/23/2022 2:08:09 PM
Resent: 1/5/2023 8:01:21 AM
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Signed: 1/5/2023 8:44:44 AM
Electronic Record and Signature Disclosure:
Accepted: 6/15/2020 2:16:11 PM
ID: a47fa5a6-25c4-499a-ad2d-b3750c2fd621
Matt Horn
mhorn@slocity.org
Director of Public Works
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Sent: 1/5/2023 8:44:50 AM
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Electronic Record and Signature Disclosure:
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Argelia Chang
achang@slocity.org
Administrative Assistant III
City of San Luis Obispo
Security Level: Email, Account Authentication
(None)
Sent: 1/5/2023 8:53:30 AM
Resent: 1/5/2023 8:53:38 AM
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel Clancy
dclancy@slocity.org
Purchasing Analyst
City of San Luis Obispo
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(None)
Sent: 1/5/2023 8:53:32 AM
Electronic Record and Signature Disclosure:
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Manuel Guzman
mguzman@slocity.org
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(None)
Sent: 1/5/2023 8:53:33 AM
Electronic Record and Signature Disclosure:
Accepted: 12/18/2020 9:05:30 AM
ID: bda270ba-efa2-4807-a1cc-c5e70f600cee
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Envelope Sent Hashed/Encrypted 12/15/2022 11:58:04 AM
Certified Delivered Security Checked 1/5/2023 8:53:08 AM
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 5/10/2017 10:25:58 AM
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109
From:Dan Parker-King <dan@hiveengineering.us>
Sent:Thursday, August 31, 2023 1:54 PM
To:Nelson, Brian; Kacsinta, Madeline; Ryan Stefanek; Tally Richtsmeier; Tyler Benson
Subject:22-143 SLO Phase 1B Downtown CADPS Site Prep - SWPPP Plan
Attachments:SWPPP -SLO DOWNTOWN PARKING SWPPP_v2.pdf; 565511_ConstructionNOI.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Brian,
I've updated the information for this project into the SMARTs system. It should have sent you a notification. I
believe it is ready for you to finalize it. Please let me know if you have any questions or need anything modified.
I did notice that I haven't gotten your signature on the SWPPP (Page 5) as the LRP. If you could sign that and send
it back to me at your earliest convenience.
I believe we are planning to start demolition next Tuesday, so it would be appreciated if you could expedite this.
Thanks in advance,
Dan Parker-King, PE
Principal Engineer
Tel (805)-550-8546
www.hiveengineering.us
HIVE ENGINEERING
705 Fiero Ln Suite 10 | San Luis Obispo | CA 93401
State Water Resources Control Board
NOTICE OF INTENT
GENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH CONSTRUCTION ACTIVITY
(WQ ORDER No. 2009-0009-DWQ)
0.24
City of San Luis Obispo
bnelson@slocity.org
Brian Nelson
1.25
1.2 Acres
609 Palm Street
805-549-3147
City Engineer
City Engineer
San Luis Obispo CA 93401
Daniel ParkerKing
Brian Nelson
C74672
-120.66668
San Luis Obispo CA 93401
SLO Phase 1B Downtown Parking Structure Site Prep
Yes
San Luis Obispo CA 93401
805-781-7113
bnelson@slocity.org
Region 3 - Central Coast
bnelson@slocity.org
990 Palm Street
35.27969
San Luis Obispo
September 04, 2023
September 29, 2023
Brian Nelson
*Other: City Parking Structure
Level2
City of San Luis Obispo
805-781-7113
805-781-7113
r3_stormwater@waterboards.ca.gov
3.3
September 29, 20231.2 Acres
990 Palm Street
WDID:
Post Construction Information
State Water Resources Control Board
NOTICE OF INTENT
GENERAL PERMIT TO DISCHARGE STORM WATER
ASSOCIATED WITH CONSTRUCTION ACTIVITY
(WQ ORDER No. 2009-0009-DWQ)
STORM WATER POLLUTION
PREVENTION PLAN
Project Name:
SLO Phase 1B Downtown Parking Structure Site Prep
Legally Responsible Person (LRP)
Brian Nelson
Deputy Director of Public Works / City Engineer
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Prepared For:
The City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA
Risk Level: 2
Site Addresses:
Cultural Arts District
609 Palm Street
San Luis Obispo, CA 93401
Estimated Project Construction Dates:
September 1, 2023 – November 1, 2023
SWPPP Prepared by:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546 phone
QSP
Daniel Parker-King, RCE, QSD/P
Permit Registration Submittal Date:8/31/23
WDID No: - 565511
Date: 8/31/23
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
2
TABLE OF CONTENTS
Acronyms .............................................................................................................................................................. 4
Legally Responsible Person ................................................................................................................................... 5
Qualified SWPPP Developer .................................................................................................................................. 6
Storm Water Multi-Application and Report Tracking System ............................................................................................ 6
1.0 SWPPP Requirements............................................................................................................................... 7
1.1 Introduction ......................................................................................................................................................... 7
1.2 Permit Registration Documents ........................................................................................................................... 7
1.3 Swppp availability and implementation .............................................................................................................. 8
1.4 Pollution Prevention Team .................................................................................................................................. 8
1.5 Duly Authorized Representatives ........................................................................................................................ 8
1.6 Permits and Governing Documents ..................................................................................................................... 8
1.7 SWPPP Amendments ........................................................................................................................................... 9
1.8 Retention of Records ........................................................................................................................................... 9
1.9 Exceedance Response Actions (ERA’s) ............................................................................................................... 10
1.10 Annual Comprehensive Facility Compliance Evaluation .................................................................................... 10
1.11 Annual Report .................................................................................................................................................... 11
1.12 Termination and Changes to General Permit Coverage ..................................................................................... 11
2.0 Facility Information ................................................................................................................................ 11
2.1 Facility Description ............................................................................................................................................. 11
2.1.1 Facility Location ............................................................................................................................................ 11
2.1.2 Existing Conditions ........................................................................................................................................ 12
2.1.3 Description of Drainage Areas and Existing Drainage ................................................................................... 13
2.1.4 Developed Condition .................................................................................................................................... 14
2.2 Project Risk Level ............................................................................................................................................... 14
2.2.1 Project Sediment Risk: .................................................................................................................................. 15
2.2.2 Receiving Water Risk: .................................................................................................................................... 17
2.2.3 Combined Risk: ............................................................................................................................................. 17
2.3 Construction Site Estimates ............................................................................................................................... 18
2.4 Construction Schedule ....................................................................................................................................... 18
2.5 Identification of Potential Pollutant Source ....................................................................................................... 18
3.0 Best Management Practices .................................................................................................................. 19
3.1 Contractor Information ...................................................................................................................................... 19
3.2 BMP Installation Schedule ................................................................................................................................. 19
3.3 Erosion & Sediment Control Best Management Practices ................................................................................. 21
3.4 Non-Storm Water and Material Management Best Management Practices ..................................................... 21
3.5 Post-Construction Best Management Practices ................................................................................................. 22
3.6 Housekeeping Requirements ............................................................................................................................. 22
3.7 Non-Storm Water Management ........................................................................................................................ 24
3.8 Erosion Control .................................................................................................................................................. 24
3.9 Sediment Control ............................................................................................................................................... 24
3.10 Inspection, Maintenance & Repair .................................................................................................................... 24
3.11 Training .............................................................................................................................................................. 25
3.12 Inspection and Entry .......................................................................................................................................... 25
4.0 Construction Site Monitoring Program .................................................................................................. 26
4.1 Construction Site Monitoring Program (CSMP) ................................................................................................. 26
4.2 Visual Monitoring & Inspection ......................................................................................................................... 27
4.3 Non-Storm Water Discharge Monitoring ........................................................................................................... 28
4.4 Water Quality Sampling and Analysis ................................................................................................................ 28
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
3
4.5 Construction Activity ......................................................................................................................................... 28
4.6 Quality Assurance and Quality Control .............................................................................................................. 29
4.7 Reporting Requirements and Records Retention .............................................................................................. 31
5.0 General Procedures and Requirements .................................................................................................. 31
5.1 SWPPP Availability and Implementation ........................................................................................................... 31
5.2 SWPPP Amendments ......................................................................................................................................... 32
5.1 Retention of Records ......................................................................................................................................... 32
5.2 Reporting Requirements .................................................................................................................................... 32
5.3 Required Non-Compliance Reporting ................................................................................................................ 33
5.4 Annual Report .................................................................................................................................................... 33
5.5 Changes to Permit Coverage .............................................................................................................................. 33
5.6 Notice of Termination ........................................................................................................................................ 33
APPENDIX A NPDES CONSTRUCTION GENERAL PERMIT ............................................................................. 35
APPENDIX B BMPS FROM THE 2009 CALIFORNIA CONSTRUCTION BMP HANDBOOK ......................... 36
APPENDIX C LIST OF POTENTIAL NON-VISIBLE POLLUTANTS ................................................................... 37
APPENDIX D SWPPP CONTRACTOR/SUBCONTRACTOR AGREEMENTS ................................................... 39
APPENDIX E CONTRACTOR/SUBCONTRACTOR INFORMATION .................................................................. 40
APPENDIX F SWPPP TRAINING LOG ................................................................................................................... 41
APPENDIX G SITE MAP EROSION CONTROL PLAN ......................................................................................... 43
APPENDIX H RISK LEVEL CALCULATIONS ....................................................................................................... 44
APPENDIX I CHAIN-OF-CUSTODY (COC) FORM ............................................................................................... 47
APPENDIX J SWPPP AMENDMENT(S) & LOG ............................................................................................................ 49
APPENDIX K CORRECTIVE ACTION LOG .................................................................................................................... 51
APPENDIX L SAMPLING LOG ................................................................................................................................ 58
APPENDIX M ANNUAL FEE STATEMENT AND RECIEPTS .............................................................................. 63
APPENDIX N CONSTRUCTION SITE MONITORING INSPECTION FORM ...................................................... 67
APPENDIX O RAIN EVENT ACTION PLAN .......................................................................................................... 74
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ACRONYMS
ASTM American Society of Testing and Materials
BAT Best Available Technology
BCT Best Conventional Pollutant Control Technology
BMP Best Management Practice
BPT Best Practicable Control Technology Currently Available
CFR Code of Federal Regulations
CGP Construction General Permit –
NPDES Construction General Permit for Storm Water Discharges associated with
Construction Activities
COC Chain of custody
COT City of Tehachapi
CSMP Construction Site Monitoring Program
CWA Clean Water Act of 1987
EPA Environment Protection Agency
LRP Legally Responsible Person
MS4 Municipal Storm Sewer System
NAL Numeric Action Levels
NEL Numeric Effluent Limitations
NOAA National Oceanic and Atmospheric Administration (www.noaa.gov)
NOI Notice of Intent
NOT Notice of Termination
NPDES National Pollution Discharge Elimination System
POC Pollutants of Concern
PoP Probability of Precipitation
PRD Permit Registration Documents
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
REAP Rain Event Action Plan
RUSLE Revised Universal Soil Loss Equation
RWQCB Regional Water Quality Control Board
SAP Sampling and Analysis Plan
SMARTS Storm water Multi- Application Report Tracking System
SWAMP Surface Water Ambient Monitoring Program
SWPPP Storm Water Pollution Prevention Plan
SWPPM Storm Water Pollution Prevention Manager
SWRCB State of California Water Resources Control Board
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LEGALLY RESPONSIBLE PERSON
Approval and Certification of the Stormwater Pollution Prevention Plan
Facility Name SLO Phase 1B Downtown Parking Structure Site Prep
Waste Discharge Identification
(WDID): 565511
“I certify under penalty of law that this document and all Attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering the information, to the best of my knowledge and belief, the
information submitted is, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
_______________________________________
Legally Responsible Person/Ogranization Date
_______________________________________
Legally Responsible Person Date
____Brian Nelson________________________ 805-781-7113
Printed Name Phone
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QUALIFIED SWPPP DEVELOPER
This SWPPP was prepared under the direction of Daniel Parker-King, a Qualified SWPPP
Developer (QSD).
___________________________________________ 8/23/23
Daniel Parker-King, RCE, QSD/P Date
Mr. Parker-King possesses the following QSD qualifications per Section VII of the Construction
General Permit:
California Registered Civil Engineer, C74672, Expiration 12.31.23
QSD Certification Number C74672
Contact Information for questions or concerns:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546
This SWPPP conforms to the required elements of the Construction General Permit Order No.
2009-0009-DWQ and amendments Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ
issued by the State of California, State Water Resource Control Board. A QSD is required to
prepare any necessary SWPPP amendments or annual reports.
This SWPPP (including all inspections, amendments and reports) and the Construction General
Permit shall be maintained for three years from the date submitted. These records shall be
available at the construction site until construction is complete. When the original SWPPP is
retained by a crewmember in a construction vehicle and it is not currently at the construction
site, current copies of the BMPs and map/drawing will be left with the field crew and the original
SWPPP shall be made available via a request by radio/telephone.)
STORM WATER MULTI-APPLICATION AND REPORT TRACKING
SYSTEM
The Construction General Permit requires all dischargers to electronically file all Permit
Registration Documents (PRDs), Notices of Termination (NOT), changes of information (COI’s),
annual reporting, and other compliance documents required by the Construction General Permit
through the State Water Board’s Storm water Multi-Application and Report Tracking System
(SMARTS) website. SMARTS can be found at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
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1.0 SWPPP REQUIREMENTS
1.1 INTRODUCTION
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo.
This Stormwater Pollution Prevention Plan (SWPPP) is designed to comply with California’s
General Permit for Stormwater Discharges Associated with Industrial Activities (General Permit)
Order No. 2014-0057-DWQ (NPDES No. CAS000001) issued by the State Water Resources
Control Board (State Water Board). This SWPPP has been prepared following the SWPPP
Template provided on the California Stormwater Quality Association Stormwater Best
Management Practice Handbook Portal: Industrial and Commercial (CASQA 2014). In
accordance with the General Permit, Section X.A, this SWPPP contains the following required
elements:
· Facility Name and Contact Information
· Site Map
· Storm Water Pollution Prevention Plan
· Signed Certification Statement
· Annual Fee (Appendix M)
1.2 PERMIT REGISTRATION DOCUMENTS
Required Permit Registration Documents (PRDs) were submitted to the State Water Board via
the Stormwater Multi Application and Report Tracking System (SMARTS) by the Legally
Responsible Person (LRP), or authorized personnel (i.e., Approved Signatory) under the
direction of the LRP. To obtain coverage, the Edwards Construction Group must electronically
file Permit Registration Documents (PRDs) prior to the commencement of construction activity.
Failure to obtain coverage under the Construction General Permit for storm water discharges to
waters of the United States is a violation of the CWA and the California Water Code.
The project-specific PRDs include:
Notice of Intent (NOI)
Risk Assessment (Appendix H)
Site Map (Appendix G)
Storm Water Pollution Prevention Plan
Signed Certification Statement
Annual Fee (Appendix M)
The annual fee is required no later than seven days prior to the commencement of construction
activities. Permit coverage shall not commence until the annual fee and PRDs are received by
the State Water Board, and a Waste Discharger Identification (WDID) number is assigned and
sent by State Water Board Storm water Multi-Application and Report Tracking System
(SMARTS).
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1.3 SWPPP AVAILABILITY AND IMPLEMENTATION
The SWPPP is available on-site to all employees during all hours of operation (see Section 2.5
for the Operations Schedule), and will be made available upon request by a State or Municipal
inspector. The SWPPP will be implemented by August 1, 2023.
1.4 POLLUTION PREVENTION TEAM
Facility staff that have been designated as Pollution Prevention Team members are
listed below in Table 1.1., along with their responsibilities and duties. A list of alternate
team members is also provided, and these personnel will perform SWPPP activities
when regular members of the Pollution Prevention Team are absent or unavailable. This
table will be updated as needed when there are changes to staff and staff
responsibilities. All team members will be trained to perform the duties assigned to them.
Employee training logs are provided in Appendix C.
Table 1.1 Pollution Prevention Team
Name Title Phone Number Responsibilities and Duties
1.5 DULY AUTHORIZED REPRESENTATIVES
Duly Authorized Representative(s) who are responsible for SWPPP implementation and have
authority to sign PRDs [is/are] listed below in Table 1.2. Written authorizations from the LRP for
these individuals are provided in Appendix D.
Table 1.2 Duly Authorized Representatives
Name Title Phone Number
1.6 PERMITS AND GOVERNING DOCUMENTS
In addition to the General Permit, the following documents have been taken into account while
preparing this SWPPP:
· Regional Water Board requirements;
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· Basin Plan requirements;
· TMDL Requirements;
· Spill Prevention Control and Countermeasures Plan;
· Hazardous Material Business Plan;
· Hazardous Waste Regulations and Permits;
· Air Quality Regulations and Permits ; and
· Clean Water Act Section 401 Water Quality Certifications and 404 Permits.
1.7 SWPPP AMENDMENTS
This SWPPP will be amended or revised as needed. A list of amendments (Amendment Log) is
included in the front of this SWPPP (page 7), and amendment certifications are included in
Appendix E. The Amendment Log will include the date of initial preparation and the date of each
amendment. The SWPPP should be revised when:
· There is a General Permit violation;
· There is a reduction or increase in the total industrial area exposed to stormwater;
· BMPs do not meet the objectives of reducing or eliminating pollutants in stormwater
discharges;
· There is a change in industrial operations which may affect the discharge of pollutants to
surface waters, groundwater(s), or a municipal separate storm sewer system (MS4);
· There is a change to the parties responsible for implementing the SWPPP; or
· Otherwise deemed necessary by the QISP.
The following items will be included in each amendment:
· Who requested the amendment;
· The location of proposed change;
· The reason for change;
· The original BMP(s) proposed, if any; and
· The new BMP(s) proposed.
· Amendments will be logged at the front of the SWPPP and certification kept in Appendix
E.
The SWPPP text will be revised replaced, and/or hand annotated as necessary to properly
convey the amendment. SWPPP amendments must be certified and submitted by the LRP or
their designated Duly Authorized Representative via SMARTS within 30 days whenever the
SWPPP contains significant revisions. With the exception of significant revisions, SWPPP
changes will be certified and uploaded to SMARTS once every three (3) months in the reporting
year.
1.8 RETENTION OF RECORDS
Paper or electronic records of documents required by this SWPPP will be retained for a
minimum of five (5) years from the date generated or date submitted, whichever is later, for the
following items:
· Employee Training Records;
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· BMP Implementation Records;
· Spill and Clean-up Related Records;
· Records of Sampling and Analysis Information
• The date, exact location, and time of sampling or measurement;
• The date(s) analyses were performed;
• The individual(s) that performed the analyses;
• The analytical techniques or methods used; and
• The results of such analyses;
· Records of Visual Observations
• The date
• The industrial areas/drainage areas of the facility observed during the inspection
(Location);
• The approximate time of the observation;
• Presence and probable source of observed pollutants; and
• Name of the individual(s) that conducted the observations;
• Response to the observations including identification of SWPPP revisions if needed.
• Level 1 ERA Reports;
• Level 2 ERA Action Plan;
• Level 2 ERA Technical Report; and
• Annual Reports from SMARTS (checklist and any explanations).
1.9 EXCEEDANCE RESPONSE ACTIONS (ERA’S)
If a General Permit NAL exceedance occurs in a given reporting year, a Level 1 ERA Evaluation
and a Level 1 ERA Report will be required in the following year, or, if in a subsequent year, a
Level 2 ERA Action Plan and a Level 2 ERA Report will be required in accordance with the
General Permit. The results of either of the ERA reports may require that the SWPPP be
amended.
1.10 ANNUAL COMPREHENSIVE FACILITY COMPLIANCE
EVALUATION
The General Permit (Section XV) requires the Discharger to conduct one Annual
Comprehensive Facility Compliance Evaluation (Annual Evaluation) for each reporting year
(July 1 to June 30). Annual Evaluations will be conducted at least eight (8) months and not more
than sixteen (16) months after the previous Annual Evaluation. The planned window for
conducting the Annual Evaluation is between April and June of each year. The SWPPP will be
revised, as appropriate based on the results of the Annual Evaluation, and the revisions will be
implemented within 90 days of the Annual Evaluation.
At a minimum, Annual Evaluations will consist of:
· A review of all sampling, visual observation, and inspection and monitoring records and
sampling and analysis results conducted during the previous reporting year;
· A visual inspection of all areas of industrial activity and associated potential pollutant
sources for evidence of, or the potential for, pollutants entering the stormwater
conveyance system;
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· A visual inspection of all drainage areas previously identified as having no exposure to
industrial activities and materials in accordance with the definitions in Section XVII;
· A visual inspection of equipment needed to implement the BMPs;
· A visual inspection of any BMPs;
· A review and effectiveness assessment of all BMPs for each area of industrial activity
and associated potential pollutant sources to determine if the BMPs are properly
designed, implemented, and are effective in reducing and preventing pollutants in
industrial stormwater discharges and authorized NSWDs; and
· An assessment of any other factors needed to comply with the Annual Reporting
requirements in General Permit Section XVI.B.
1.11 ANNUAL REPORT
The Annual Report will be prepared, certified, and electronically submitted no later than July
15th following each reporting year using the standardized format and checklists in SMARTS
based on the reporting requirements identified in Section XVI of the General Permit. Annual
reports will be submitted in SMARTS and in accordance with information required by the on- line
forms.
1.12 TERMINATION AND CHANGES TO GENERAL PERMIT
COVERAGE
When any of the following conditions occur, termination of coverage under the General Permit
will be requested by certifying and submitting a Notice of Termination (NOT) via SMARTS:
· Operation of the facility has been transferred to another entity;
· The facility has ceased operations, completed closure activities, and removed all
industrial related pollutant generating sources;
· The facility’s operations have changed and are no longer subject to the General Permit.
The SWPPP and all of the provisions of the General Permit will be complied with until a valid
NOT is received and accepted by the Board.
If ownership changes, the new owner of the facility will be notified of the General Permit and
regulatory requirements for permit coverage.
2.0 FACILITY INFORMATION
2.1 FACILITY DESCRIPTION
2.1.1 Facility Location
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo, and is located within
Section 26, Township 30S, Range 12E.
These phase 1b site preparation plans consist of tree protection, demolition and clearing. Phase
2 (under separate cover) includes on-site rough grading, temporary and permanent shoring,
improvements, buildings, precise grading, landscape, and associated frontage improvements.
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The general construction activities to be performed at the Project Site may include, but are not
limited to the following:
· Demolition of existing structure
· Demolition of existing underground utilities (Sewer, Water, Electric, etc…)
· Tree removal
· Site grading
· Washout Areas
· Construction entrance/exit
Figure 2.1: Vicinity Map
Figure 2.2: Site Map
2.1.2 Existing Conditions
The existing site consists of four structures, a garage, a parking lot, trees, minor landscaping
and associated utilities. Most of the site slopes gently to the west towards the corner of Pismo
and Nipomo St. The southwest corner of the property slopes towards the corner of Monterey
and Nipomo. There are two structures on the northern corner of the site and three structures on
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the southern corner. The rest of the site is paved with parking areas broken up by small
landscaped planters.
Existing sources of contamination at the site include:
· Contaminated Soil
· Erosion and Sediment from stormwater runoff
· Hydrocarbons from vehicular parking
· Existing utilities (sewer)
Figure 2.3: Existing Conditions
2.1.3 Description of Drainage Areas and Existing Drainage
The site is divided into two drainage areas ranging from 5%-10%. Drainage area A1 (44,900
SF) flows to the northwest, while drainage area B1 (13,700 SF) flows to the south and
southwest. Offsite drainage is received from area A2 (13,692 SF), flowing into area A1. Area
A2 previously contained an apartment and home but they have been removed. The elevations
of the project ranges from 188 to 205 above mean sea level (msl). Stormwater is conveyed
through surface runoff, and flows off site into the city’s municipal stormwater system.
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Demolition to occur as a part of this project will keep the drainage patterns relatively the same,
creating pervious area. The construction of a parking structure during the second phase will add
impervious areas. Drainage areas and their directions can be seen in Figure 4.
Figure 2.4: Drainage Areas
The site is located within the Stenner Lake Watershed..
2.1.4 Developed Condition
Post demolition surface drainage will generally be directed as it has historically. Storm water
will flow offsite to the City of San Luis Obispo storm drain system, and ultimately to Brizziolari
Creek. Post construction drainage patterns and conveyance systems are presented on the
Improvement Plans.
2.2 PROJECT RISK LEVEL
This SWPPP utilized a Risk-Based Permitting Approach under the Construction General Permit (SWRCB
Order No. 2009-0009 DWQ), as set forth by the SWRCB and RWQCB.
There are two major steps to site planning and risk determination. The project’s overall risk is broken up
into two elements – (1) project sediment risk (the relative amount of sediment that can be discharged, given
the project and location details) and (2) receiving water risk (the risk sediment discharges pose to the
receiving waters)
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2.2.1 Project Sediment Risk:
Project Sediment Risk can be determined using two separate methods. Method 1 establishes sediment risk
based on the following Soil Loss Equation (RUSLE) to obtain an estimate of project-related bare ground
soil loss expressed in tons/acre. The RUSLE equation is as follows:
A = (R)(K)(LS)(C)(P)
Where:
A = the rate of sheet and rill erosion
R = rainfall-runoff erosivity factor
K = soil erodibility factor
LS = length-slope factor
C = cover factor (erosion controls) (taken as 1.0 to simulate bare ground)
P = management operations and support practices (sediment controls) (taken as 1.0 to simulate bare
ground)
Method 2 (also known as the “map option”) utilizes GIS maps where the product of K and LS are
predetermined (located below in Figure 2 and 3) and an online calculator for determining R factor for
determining soil loss. For this option, the R factor for the project is calculated using the online calculator
at https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites. To determine
soil loss in tons per acre, the discharger multiplies the R factor times the value for K times LS from the
map.
Figure 2.5. K Factor
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Figure 2.6. LS Factor Calculated Using Google Earth KML
Figure 2.7. R Value from EPA Website
Method 2 was utilized in this SWPPP. Using the SWRCB “Risk Assessment R-Factor Calculation
Notification” for the R factor with construction start dates of 08/1/23 and an end construction date of
11/1/2023, the R factor was determined to be 3.3. The K factor and LS factor were determined to be 0.24
and 1.25 respectively. Multiplying the above numbers together yields a Project Sediment Risk Factor of
0.99 tons/acre. Since 0.99 tons/acre is less than 15 tons/acre, the site can be classified as to having a Low
Sediment Risk.
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2.2.2 Receiving Water Risk:
The project area can neither discharge (either directly or indirectly) to a 303(d)-listed waterbody impaired
by sediment nor to a waterbody with designated beneficial use. This project site has been classified as a
High Receiving Water Risk.
2.2.3 Combined Risk:
The Combined Risk Level Matrix table in the Construction General Permit Order No. 2009-0009-DWQ
(Appendix A) was utilized to determine the combined risk. Using this table, it was determined that the
Project Site is a Risk Level 2.
Table 1. Combined Risk Level Matrix
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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2.3 CONSTRUCTION SITE ESTIMATES
“Construction activities” refers to actions that result in a disturbance of the land, including
demolition, clearing, grading, excavating, vertical construction, landscaping and other similar
activities. It also includes “construction-related activities,” areas that support the construction
project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material
storage areas and equipment storage areas.
The following estimates are from the planned construction-related activities in the staging yard. More
specific information pertaining to the other proposed well pads can be found in their respective site map/
erosion control plans within Appendix G.
· Total project area: 1.2 acres
· Site area to be disturbed: 1.2 acres
• Percentage impervious area before and after demolition: 67% and 0%
• Runoff coefficient before and after construction: NIC
2.4 CONSTRUCTION SCHEDULE
• Demolition 9/01/2023 to 11/30/2023
• Grading Utilities & Vertical Construction 10/1/2023 to 10/1/2025 (NIC)
2.5 IDENTIFICATION OF POTENTIAL POLLUTANT SOURCE
The pollutant of greatest concern on most construction sites is sediment which may become detached during
construction related activities. Non-visible pollutants may be attached to the soils and run-off the site,
potentially polluting the receiving body of water. Pollutant sources include, but are not limited to the
following:
a. Disturbances caused by demolition, clearing, grading and excavation activities related to site
preparation.
b. Storm-related precipitation
c. Dust control through water spraying
d. Leaks from equipment and/or portable toilets
e. Wash out and maintenance areas
f. Transporting of concrete and/ or asphalt materials
g. Transporting of construction materials and fuels
h. Flushing of water lines
i. Vehicle fluids
j. Cement materials
k. Raw landscape materials
l. General litter
m. PVC pipe
n. RCP pipe
For a list of potential non-visible pollutants, refer to Appendix C: List of Potential Non-visible Pollutants
& Pollutant Testing Guidance Table.
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3.0 BEST MANAGEMENT PRACTICES
3.1 CONTRACTOR INFORMATION
Appendix E includes the names and contact information of the Storm Water Pollution Prevention Plan
Manager (SWPPPM) and a list of names of all contractors, subcontractors, and individuals who will be
directed by the SWPPPM. This list shall include telephone numbers and work addresses. Specific areas of
responsibility of each subcontractor and emergency contact numbers shall also be included.
The discharger shall ensure that all BMPs required by the Construction General Permit are implemented by
a Qualified SWPPPM. The SWPPPM shall be a person responsible for non-storm water and storm water
visual observations, sampling and analysis and shall have primary responsibility and significant authority
for the implementation, maintenance, inspection of the site to ensure full compliance with the SWPPP and
the Permit.
Best Management Practices (BMPs) were chosen for this project to reduce or eliminate pollutants in storm
water discharge, and to comply with the Provisions of Attachment D of the General Order (Risk Level 2
Requirements) as well as those in the Construction General Permit Order. BMPs are shown in the erosion
and sediment control plan provided in Appendix B.
The Construction General Permit Order requires:
Dischargers minimize or prevent pollutants in storm water discharges and authorized non-storm water
discharges through the use of controls, structures, and management practices that achieve Best Available
Technology Economically Achievable (BAT) for toxic and non-conventional pollutants and Best
Conventional Pollutant Control Technology (BCT) for conventional pollutants.
Storm water discharges and authorized non-storm water discharges regulated by the Construction General
Permit not contain a hazardous substance equal to or in excess of reportable quantities established in 40
C.F.R. §§ 117.3 and 302.4, unless a separate NPDES Permit has been issued to regulate those discharges.
As a Risk Level 2 discharger this project is subject to Numeric Action Levels (NALs) for pH and turbidity
as described in Section 4.5.
3.2 BMP INSTALLATION SCHEDULE
The Contractor is responsible for ensuring that appropriate BMPs are in place during the operations
requiring the BMPs. Below is a schedule intended to provide the minimum BMPs necessary during each
phase of the contractor’s operation. Additional BMPs may be necessary. Some BMPs installed early in the
project shall remain in place upon completion of the project, while others must be removed prior to the
completion of the project. Appendix B provides BMP Fact Sheets on design and implementation guidelines
for each BMP. Those identified by “*” should only be implemented when applicable.
The following BMPs shall be installed / utilized prior to clearing and grubbing operations:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
SE-7 Street Sweeping and Vacuuming
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NS-9 Vehicle and Equipment Fueling
NS-10 Vehicle & Equipment Maintenance
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-9 Sanitary/Septic Waste Management
The following BMPs shall be installed / utilized during grading/mobilization operations:
WE-1 Wind Erosion Control
TC-1 Stabilized Construction Entrance/Exit
NS-1 Water Conservation Practices
SE-1 Silt Fences
SE-5 Fiber Rolls
The following BMPs shall be installed / utilized upon completion of drainage work: (NOT IN CONTRACT)
EC-9 Drainage Swales
The following BMPs shall be installed / utilized during vertical construction: (NOT IN CONTRACT)
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
The following BMPs may be utilized during utility operations: (NOT IN CONTRACT)
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
All BMPs, except those designated as post-construction BMPs in Section 3.5, are to be removed prior to
contract acceptance.
It is not anticipated that this project will necessitate the stockpiling of materials. However, if materials are
stockpile on-site and the stockpiles are inactive (not scheduled to be re-disturbed for at least 14 days), then
the stockpiled areas shall be covered and a berm placed around the materials in accordance with WM-3
“Stockpile Management.”
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3.3 EROSION & SEDIMENT CONTROL BEST MANAGEMENT
PRACTICES
Appendix B provides BMP Fact Sheets on design and implementation guidelines for each BMP to reduce
or eliminate pollutants in storm water discharges. All BMPs are required to be implemented.
The following BMPs are to be incorporated into this SWPPP:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
EC-8 Wood Mulching
EC-16 Non-Vegetative Stabilization
SE-1 Silt Fences
SE-5 Fiber Rolls
SE-7 Street Sweeping and Vacuuming
SE-10 Storm Drain Inlet Protection
TC-1 Stabilized Construction Entrance/Exit
TC-3 Entrance/Outlet Tire Wash
WE-1 Wind Erosion Control
WM-9 Sanitary/Septic Waste Management
3.4 NON-STORM WATER AND MATERIAL MANAGEMENT BEST
MANAGEMENT PRACTICES
Non-storm water discharges may contribute significant pollutant loads to receiving waters. Measures to
control spills, leakage, and dumping, and to prevent illicit connections during construction must be
addressed through structural as well as non-structural Best Management Practices (BMPs).
BMPs are designated in this SWPPP to prevent non-storm water discharges. All BMPs are required to be
implemented. Those identified by “*” should only be implemented when applicable.
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
NS-3 Paving and Grinding Operations
NS-7 Potable Water/Irrigation
NS-8 Vehicle and Equipment Cleaning
NS-9 Vehicle and Equipment Fueling
WM-1 Material Delivery/Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management
WM-10 Liquid Waste Management
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Vehicle and Equipment Cleaning is prohibited from occurring on-site. Fueling and maintenance of
equipment and vehicles shall take place in designated areas only. Materials storage on–site will be
minimized.
3.5 POST-CONSTRUCTION BEST MANAGEMENT PRACTICES
This SWPPP contains Post-Construction BMPs, which are designated to reduce or eliminate pollutants after
construction is completed. BMPs serving dual purpose roles (construction and post-construction protection)
include:
EC-6 Straw Mulch/Hydroseed/Tackifier/Soil Amendment
EC-7 Geotextiles & Mats
EC-9 Drainage Swales
EC-10 Velocity Dissipation Devices
3.6 HOUSEKEEPING REQUIREMENTS
All Risk Level 2 dischargers are required to adhere to the minimum housekeeping requirements as specified
in Attachment C of the Construction General Permit. They include, but are not limited to:
Construction Materials:
Risk Level 2 dischargers shall implement good site management measures for construction
materials that could potentially be a threat to the water quality if discharged. They include:
· Conduct an inventory of products to be used.
· Cover and berm loose stockpiled construction material that are not actively being used.
· Store Chemicals in watertight containers (with appropriate secondary containment to prevent any
spillage or leakage) or in a storage shed.
· Minimize exposure of construction materials to precipitation.
· Implement BMPs to prevent the off-site tracking of loose construction and landscape materials.
Waste Management:
Risk Level 2 dischargers shall implement good housekeeping for waste management. They include,
but are not limited to:
· Prevent disposal of any rinse or wash waters or materials on impervious or pervious site surfaces
or into the storm drain system.
· Ensure containment of sanitation facilities.
· Clean or replace sanitation facilities and inspect them for leaks regularly.
· Cover waste disposal containers at the end of every business day and during rain events.
· Prevent discharges from disposal containers to the drainage system or receiving water.
· Contain and protect stockpile waste from wind or rain, unless actively being used.
· Implement procedures that effectively address hazardous and non-hazardous spills.
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· Develop a spill response plan.
· Ensure containment of concrete washout areas and other washout areas that may contain pollutants.
There shall be no discharge to the underlying soil.
Vehicle Storage and Maintenance:
Risk Level 2 dischargers shall implement good housekeeping for vehicle storage and maintenance.
They include, but are not limited to:
· Prevent oil, grease or fuel to leak in to the ground, storm drains or surface waters.
· Place all equipment or vehicles, which are to be fueled, maintained and stored in a designated area
fitted with appropriate BMPs.
· Clean leaks immediately, and dispose of material properly.
Landscape Materials:
Risk Level 2 dischargers shall implement good housekeeping for landscape materials. They
include, but are not limited to:
· Contain stockpiled materials when they are not actively being used.
· Contain fertilizers when they are not actively being used.
· Discontinue the application of erodible landscape materials within 2 days before a forecast rain
event or during periods of precipitation.
· Apply erodible landscape materials according to the manufacture recommendations.
· Stack erodible landscaped materials on pallets and covering or storing such materials when not
being used or applied.
Potential Pollutant Sources:
Risk Level 2 dischargers shall conduct an assessment and create a list of potential pollutant sources
(see Appendix C) and identify any areas of the site where additional BMPs are necessary to reduce
or prevent pollutants in storm water discharges and authorized non-storm water discharges. When
developing BMPs, Risk Level 2 dischargers shall do the following:
· Consider the quantity, physical characteristics (e.g., liquid, powder, solid), and locations of each
potential pollutant source handled, produced, stored recycled, or disposed of at the site.
· Consider the degree to which pollutants associated with those materials may be exposed to and
mobilized by contact with storm water
· Consider the direct and indirect pathways that pollutants may be exposed to storm water or
authorized non-storm water discharges. This shall include an assessment of past spills or leaks,
non-storm water discharges, and discharges form adjoining areas.
· Ensure retention of sampling, visual observations, and inspection records.
· Ensure effectiveness of existing BMPs to reduce or prevent pollutants in storm water discharges
and authorized non-storm water discharges.
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3.7 NON-STORM WATER MANAGEMENT
Risk Level 2 dischargers shall implement measure to control all non-storm water discharges during
construction. Non-storm water discharges are any discharges not directly associated with a rain even. Non-
storm water discharges can include but are not limited to leaks from equipment or vehicles, flushing of
water lines or washing of equipment. Risk Level 2 requirements include:
· Dischargers shall implement measures to control all non-storm water discharges during
construction.
· Dischargers shall wash vehicles in such a manner as to prevent pollutants from entering surface
waters.
· Streets shall be cleaned in such a manner as to prevent unauthorized non-storm water discharges
from reaching surface waters or the storm drain system.
3.8 EROSION CONTROL
The primary pollutant identified during construction is sediment. Erosion and sedimentation controls will
be implemented as necessary along the boundaries of the construction areas within the Project Site to
minimize, as necessary, the amount of sediment transported off-site by storm water runoff. These control
measures will be put in place as needed at the onset of construction activities and will remain in place (as
needed) during construction and through periods of inactivity. Dischargers shall provide effective soil
cover for inactive areas. Descriptions and diagrams of the BMPs are included in Appendix B.
All disturbed areas shall provide effective soil cover for inactive areas and all finished slopes, open space,
utility backfill and completed lots.
All disturbed areas of the construction Project Site will be stabilized in a manner similar to its original
condition. Both temporary (water trucks) and permanent measures will also be applied to control dust
generation. Final stabilization will need to be completed prior to submitting a Notice of Termination (NOT).
3.9 SEDIMENT CONTROL
Dischargers shall establish and maintain effective perimeter controls. Silt barriers consisting of silt fences,
fiber rolls, sandbags, hay bales, and/or berms will be set up around the construction site as necessary so that
sediment will not be discharged off-site. Sedimentation control will be in place and maintained on all
disturbed areas during the rainy season. Sediment control BMPs will be implemented as needed.
Construction sites that require silt barriers around them are sites where the ground surface has been
disturbed by construction activities such as grading and /or excavation. Sediment buildup along silt barriers
will be monitored and removed as necessary. Removed sediment will be deposited in an area that will not
allow sediment to be discharged off-site. All loose soil and debris, which may create a potential hazard,
will be hauled offsite and disposed of at an approved location. All construction entrances and exits shall
be stabilized to sufficiently control sediment discharge from the site.
3.10 INSPECTION, MAINTENANCE & REPAIR
All storm water control measures shall be properly maintained at regular intervals by trained personnel
consistent with Project Site operational maintenance schedules. Inspections will be performed by a QSP
or someone under his direction weekly, before, during, after qualifying storm events (0.5 inches per storm
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event), and once each 24-hour period during extended storm events during business. These inspections will
be conducted to identify BMP effectiveness. If any structural defects are observed interfering with design
performance of BMPs, repairs or design changes will be implemented by the SWPPM within 72 hours.
3.11 TRAINING
The SWPPM is responsible for training project personnel on the following topics:
· Erosion Control BMPs
· Sediment Control BMPs
· Non-Storm Water BMPs
· Waste Management and Materials Pollution Control BMPs
· Emergency Procedures specific to the construction site storm water management
Inspections will be conducted by a QSP. A QSP may train individuals to conduct the inspections, and
collect storm water samples for non-visible pollutants. Trained individuals will also have received training
and have experience with respect to erosion control methods, either through scholastic institutions, previous
job experiences, or through workshops conducted by recognized regulatory agencies or professional
organizations.
Training records (Appendix F) will document attendees, the subjects covered and the date of training.
Training logs/records are to be recorded and stored with the rest of the record materials
· To ensure that the preparation, implementation, and oversight of the SWPPP is sufficient for
effective pollution prevention, Section II, Part H of the Construction General Permit specifies that
the Qualified SWPPP Developer and Qualified SWPPP Practitioners responsible for creating,
revising, overseeing, and implementing the SWPPP must attend a State Water Board sponsored or
approved QSD and QSP training course.
·
3.12 INSPECTION AND ENTRY
The discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, and/or, in the case of
construction sites which discharge through a municipal separate storm sewer, an authorized representative
of the municipal operator of the separate storm sewer system receiving the discharge, upon the presentation
of credentials and other documents as may be required by law, to:
· Enter upon the discharger’s premises at reasonable times where a regulated construction activity is
being conducted or where records must be kept under the conditions of the Construction General
Permit;
· Access and copy at reasonable times any records that must be kept under the conditions of the
Construction General Permit;
· Inspect at reasonable times the complete construction site, including any off-site staging areas or
material storage areas, and the erosion/sediment controls; and
· Sample or monitor at reasonable times for the purpose of ensuring Construction General Permit
compliance.
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4.0 CONSTRUCTION SITE MONITORING PROGRAM
4.1 CONSTRUCTION SITE MONITORING PROGRAM (CSMP)
The Construction General Permit requires the following types of monitoring for Risk Level 2 projects:
· Visual inspections of Best Management Practices (BMPs);
· Visual monitoring of the site related to qualifying storm events;
· Visual monitoring of the site for non-storm water discharges;
· Sampling and analysis of construction site runoff;
· Sampling and analysis of non-storm water discharges;
Storm event monitoring should be conducted during business hours; and when the National Oceanographic
and Atmospheric Administration (NOAA) (http://www.srh.noaa.gov/forecast) forecasts a rain event with a
50% or greater probability of producing a ½ inch or more of rain.
Table 4.1: Summary of Risk Level 2 Monitoring
Type of Monitoring
What
When
Location
Visual Inspection
BMP Presence and
effectiveness of all BMPs
Weekly and
Every 24 hours during an
extended storm event.
Overall site
Stormwater
Pre-storm All drainage areas and
BMPs.
Within 2 business days before
each qualifying storm event.
Overall site
Post-storm All drainage areas and
BMPs.
Within 2 business days after each
qualifying storm event.
Overall site
Non-storm water Operations and BMPs
identified in Section 3.4
Quarterly Staging areas
Sampling & Analysis
Storm water runoff
(effluent)
pH and turbidity of storm
water runoff
representative of site.
Within 2 business days of each
qualifying storm event, and at a
minimum 3 samples per day.
Perimeter of site
BMP failure/spill
(non-visible)
Runoff affected and not
affected by the
discharge/spill. Use
Appendix C as a guide.
Within first 2 hours of discharge
from site.
Perimeter of site
Non-storm water Operations and BMPs
identified in Section 3.4
If non-storm water is discharged
off site.
Perimeter of site
Rain events and resulting monitoring periods should be separated into qualifying rain events. A qualifying
rain event is defined as any event producing precipitation of ½ inch or more within a 48 hour or greater
period.
Monitoring locations provide clear views of BMPs, disturbed areas and extend through the entire site.
Dischargers must maintain on-site records of all visual observations, personnel performing the
observations, observation dates, weather conditions, locations observed, and corrective actions taken in
response to the observations. The Construction Site Monitoring Inspection Form (Appendix N) should be
used to track all monitoring activities.
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Figure 4.1 Overview of Monitoring Locations
4.2 VISUAL MONITORING & INSPECTION
All storm water monitoring must be completed within two (2) business days of each qualifying rain event
at identified locations. Appendix G shows the monitoring locations.
BMP Inspection
The purpose of these inspections is to identify BMPs that:
· Need maintenance to operate effectively;
· Failed; or
· Could fail to operate as intended.
If deficiencies are identified during BMP inspections, repairs or design changes to BMPs must be initiated
within 72 hours of identification and need to be completed as soon as possible. All BMP inspections must
be documented on a Construction Site Monitoring Inspection Form (Appendix N).
Storm Water Inspection
Dischargers must conduct a pre-storm event inspection of:
· All storm water drainage areas to identify and resolve prior to the storm event, any spills, leaks, or
uncontrolled pollutant sources
· All BMPs to identify proper implementation
· Any storm water storage and containment areas to detect and remedy leaks if found
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Dischargers must conduct a post-storm event inspection within two business days (48 hours) to identify
whether:
· BMPs were adequately designed, implemented, and effective, and
· If any additional BMPs necessary (and amend the SWPPP accordingly).
4.3 NON-STORM WATER DISCHARGE MONITORING
Quarterly non-storm water discharge monitoring will include the visual inspection of each drainage area
during daylight hours for the presence of non-storm water discharges and their sources in July – September,
October – December, January – March, and April – June quarters. If non-storm water is discharged off site,
the effluent must be sampled. Quarterly monitoring should be recorded on Construction Site Monitoring
Inspection Form in Appendix N.
Potential non-storm water discharges within this project include:
· Grading and Land Development
· Site Stabilization
· Vehicle and equipment cleaning, fueling and maintenance
· Sanitary/Septic waste facilities
· Concrete wash out areas
· Contaminated Soils
Quarterly inspections need to include each drainage area of the project and document:
· Presence or indications of unauthorized and authorized non-storm water discharges and their
sources
· Pollutant characteristics of the non-storm water discharge (floating and suspended material sheen,
discoloration, turbidity, odor, etc.)
· Personnel performing the observations
· Dates and approximate time each drainage area and non-storm water discharge was observed
· Response taken to observations
4.4 WATER QUALITY SAMPLING AND ANALYSIS
The project is required to collect samples of:
· runoff for non-visible pollutants in the event of a BMP failure, breach or spill
· non-storm water discharge
Sampling personnel will collect storm water grab samples at discharge locations according to procedures
outlined in Section 4.6 Quality Assurance and Quality Control. Appendix G shows the monitoring locations
for all monitoring. Appendix L contains the Sampling Activity Log.
Sampling is not required outside of scheduled business hours or under dangerous conditions. An
explanation of why samples were not taken will be included with on-site inspection documents.
4.5 CONSTRUCTION ACTIVITY
Non-Visible Pollutant Sampling
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If there is a breach, spill or BMP failure, runoff affected by the non-visible pollutants will be sampled within
the first two hours of discharge. It is important to note that covered construction materials or those that are
in their final constructed form, do not need to be monitored. Materials that are stored exposed to
precipitation and may generate runoff need to be considered for non-visible pollutant monitoring. Appendix
C provides further guidance.
Non-Stormwater Sampling
If non-storm water is discharged off site, the effluent must be sampled. All non-storm water sample analyses
should be conducted by a state certified laboratory.
4.6 QUALITY ASSURANCE AND QUALITY CONTROL
The QSP is responsible for non-storm water and storm water visual observations, sampling and analysis,
and for ensuring full compliance with the permit and implementation of all elements of the SWPPP.
Prior to the rainy season, all sampling personnel and alternates will review the Monitoring Plan.
Qualifications of designated personnel describing environmental sampling training and experience are
provided in Appendix F. Sampling personnel will be designated and trained to collect, maintain and ship
samples in accordance with the Surface Water Ambient Monitoring Program’s (SWAMP) 2008 Quality
Assurance Program Plan (QAPP)
(http://www.swrcb.ca.gov/water_issues/programs/swamp/tools.shtml#qa).
Supplies and Storage
An adequate stock of supplies and equipment for non-visible pollutants will be available on the project site
or provided by the approved laboratory (Appendix I) prior to a sampling event.
Monitoring supplies and equipment will be stored in a cool-temperature environment that will not come
into contact with rain or direct sunlight. Sampling personnel will be available to collect samples in
accordance with the sampling schedule.
Supplies maintained at the project site will include, but will not be limited to, surgical gloves, sample
collection equipment, coolers, appropriate number and volume of sample bottles, identification labels, re-
sealable storage bags, paper towels, personal rain gear, ice, Sampling Activity Log forms (Appendix L),
and Chain of Custody (COC) forms (Appendix I).
Sample Collection and Handling Procedures
All sampling and sample preservation must be in accordance with the current edition of Standard Methods
for the Examination of Water and Wastewater (American Public Health Association).
To maintain sample integrity and prevent cross-contamination, sampling collection personnel will:
· Wear a clean pair of surgical gloves prior to the collection and handling of each sample at each
location.
· Not contaminate the inside of the sample bottle by not allowing it to come into contact with any
material other than the water sample.
· Discard sample bottles or sample lids that have been dropped onto the ground prior to sample
collection.
· Not leave the cooler lid open for an extended period of time once samples are placed inside.
· Not touch the exposed end of a sampling tube, if applicable.
· Avoid allowing rainwater to drip from rain gear or other surfaces into sample bottles.
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· Not eat, smoke, or drink during sample collection.
· Not sneeze or cough in the direction of an open sample bottle.
· Minimize the exposure of the samples to direct sunlight, as sunlight may cause biochemical
transformation of the sample to take place.
· Decontaminate sampling equipment prior to sample collection using a TSP-soapy water wash,
distilled water rinse, and final rinse with distilled water.
· Dispose of decontamination water/soaps appropriately; i.e., not discharge to the storm drain system
or receiving water.
Any samples provided to a lab will be provided within 48 hours and use only the sample bottle provided by
the lab (Appendix I).
For an initial verification of laboratory or field analysis, duplicate samples will be collected at a rate of 10
percent or 1 duplicate per sampling event. The duplicate sample will be collected, handled, and analyzed
using the same protocols as primary samples, and will be collected where contaminants are likely, and not
on the upstream sample. A duplicate sample will be collected immediately after the primary sample has
been collected. Duplicate samples will not influence any evaluations or conclusions; however, they will be
used as a check on laboratory quality assurance.
Non-Visible Pollutants
The Contractor shall notify the QSP if non-visible pollutants are expected.
Sample Documentation Procedures
All original data documented on sample bottle identification labels, Chain of Custody forms (Appendix I),
Sampling Activity Logs (Appendix L), and Construction Site Monitoring Inspection Form (Appendix N)
will be recorded using waterproof ink. These will be considered accountable documents. If an error is made
on an accountable document, the individual will make corrections by lining through the error and entering
the correct information. The erroneous information will not be obliterated. All corrections will be initialed
and dated. Copies of the Construction Site Monitoring Inspection Form are provided in Appendix N.
Sampling and field analysis activities will be documented using the following:
• Sample Bottle Identification Labels: Sampling personnel will attach an identification label to
each sample bottle. At a minimum, the following information will be recorded on the label, as
appropriate…
· Project name
• Project number
• Unique sample identification number and location.
[Project Number]-[Six digit sample collection date]-[Location]
(Example: 0G5304-081801-Upstream).
Quality assurance/quality control (QA/QC) samples shall be identified similarly
using a unique sample number or designation
(Example: 0G5304-081801-DUP1)
· Collection date/time (No time applied to QA/QC samples)
· Analysis constituent
• Sampling Activity Logs: A log of sampling events will identify…
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o Sampling date
· Separate times for sample collection of upstream, downstream, run-on, and QA/QC samples recorded
to the nearest minute
· Unique sample identification number and location
· Analysis constituent
· Names of sampling personnel
· Weather conditions (including precipitation amount)
· Field analysis results
· Other pertinent data
· Chain of Custody (COC) forms (Appendix I): All samples to be analyzed by a laboratory will
be accompanied by a COC form provided by the laboratory. Only the sample collectors will sign
the COC form over to the lab. COC procedures will be strictly adhered to for QA/QC purposes.
· Storm Water Quality Sampling Log (Appendix L): When applicable, the
Contractor’s storm water inspector will document in the log that samples for sedimentation/siltation
and/or turbidity were taken during a rain event.
4.7 REPORTING REQUIREMENTS AND RECORDS RETENTION
Records of all monitoring inspections are required to remain onsite during the construction period and for
a minimum of three years.
Records shall include the following items:
· The date, place, and time of facility inspections, sampling, visual observations (inspections),
and/or measurements, including precipitation;
· The individual(s) who performed the facility inspections, sampling, visual observation
(inspections), and/or measurements;
· The date and approximate time of analyses;
· The individual(s) who performed the analyses;
· A summary of all analytical results from the last three years, the method detection limits and
reporting limits, and the analytical techniques or methods used;
· Rain gauge readings from site inspections;
· QA/QC records and results;
· Non-storm water discharge inspections and visual observations (inspections) and storm water
discharge visual observation records;
· Visual observation and sample collection exemption records (Appendix O); and
· The records of any corrective actions and follow-up activities that resulted from analytical
results, visual observations (inspections), or inspections (Appendix K).
Most reporting will occur in the Annual Report (Appendix P).
5.0 GENERAL PROCEDURES AND REQUIREMENTS
5.1 SWPPP AVAILABILITY AND IMPLEMENTATION
The General Construction Permit Section XIV.C requires the SWPPP be available at the construction site
during working hours while construction is occurring and shall be made available upon request by a State
or Municipal inspector. When the original SWPPP is retained by a crewmember in a construction vehicle
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and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with
the field crew and the original SWPPP shall be made available via a request by radio/telephone.
5.2 SWPPP AMENDMENTS
The General Construction Permit Section XIV.A requires that SWPPP be amended or revised by a QSD
and that the SWPPP include a listing of the date of initial preparation and the date of each amendment.
Amendments must be signed by a QSD. All amendments are to be dated, attached to the SWPPP and
logged in Appendix J.
This SWPPP should be amended if any BMP is not installed according to the site map or if a BMP is
changed due to ineffectiveness.
The following items shall be in each amendment:
1.0 Who requested the amendment
2.0 The location of the proposed change
3.0 The reason for the change
4.0 The original BMP proposed, if any
5.0 The new BMP
The amendments for this SWPPP, along with the required approval can be found in the SWPPP Amendment
Log located in Appendix J. Any amendment to the SWPPP must be approved by the QSD.
5.1 RETENTION OF RECORDS
The Construction General Permit Section I.J.69 and IV.G requires that all dischargers maintain a paper or
electronic copy of all required records for three years from the date generated or date submitted, whichever
is last. The records must be available at the construction site until construction is completed. The discharger
shall furnish the RWQCB, SWRCB, OR USEPA, within a reasonable time, any requested information to
determine compliance with the Construction General Permit.
The final SWPPP shall be maintained for the time period indicated.
5.2 REPORTING REQUIREMENTS
As per the Construction General Permit, a Legally Responsible Person must submit electronically all
project/permit related documents (also known as Permit Registration Documents, or PRDs) for new projects
commencing on or after July 1, 2010 prior to commencement of construction activities through the Storm
water Multi- Application Report Tracking System (SMARTS).
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5.3 REQUIRED NON-COMPLIANCE REPORTING
Dan Parker-King shall give advanced notice to the RWQCB of any changes in the construction-related
activity which may result in a non-compliance with the storm water requirement of the Construction
General Permit. Examples of non-compliance include, but are not limited to:
· Self-reporting of any discharge violations;
· Discharges which contain a hazardous substance.
5.4 ANNUAL REPORT
Hive Engineering. shall prepare and electronically submit an Annual Report via SMARTS no later than
September 1 of each year. Reporting requirements include:
· Sampling and analysis results including laboratory reports, analytical methods and reporting limits
and change of custody forms
· Corrective actions and compliance activities
· Violations of the Construction General Permit
· Date, time, place and name(s) of the inspector(s) for all sampling, inspections and field
measurements
· Visual observation and sample collections records
· Training Documentations
5.5 CHANGES TO PERMIT COVERAGE
The General Construction Permit Section II. C allows a permittee to reduce or increase the total acreage
covered under the Construction General Permit when:
· A portion of the project is complete
· When conditions for termination of coverage have been met
· When ownership of a portion of the project is sold to a different entity
· When new acreage is added to the project
5.6 NOTICE OF TERMINATION
The General Construction Permit Section II. D requires that within 90 days of when construction is
complete or ownership has been transferred, the discharger shall electronically file a Notice of Termination
(NOT), a final site map, and photos through the State Water Boards SMARTS system. Filing a NOT
certifies that all Construction General Permit requirements have been met. The NOT is submitted when
the construction project is complete and all Construction General Permit requirements for termination and
final stabilization have been met. These requirements include:
· The site will not pose any additional sediment discharge risk than it did prior to construction
activity.
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· All construction related equipment, materials and any temporary BMPs no longer needed are
removed from the site.
· Post-Construction storm water management measures are installed and a long-term maintenance
plan that is designed for a minimum of 5-years has been developed.
The NOT must demonstrate through photos, RUSLE results, or results of testing and analysis that the
project meets all of the requirements of Section II.D.1 of the Construction General Permit by one of the
following methods:
· 70% final cover method (no computational proof required).
· RUSLE/RUSLE2 method (computational proof required).
· Custom Method
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APPENDIX A
NPDES CONSTRUCTION GENERAL PERMIT
For the complete construction general permit, see separate binder onsite.
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APPENDIX B
BMPS FROM THE 2009
CALIFORNIA CONSTRUCTION BMP HANDBOOK
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APPENDIX C
LIST OF POTENTIAL NON-VISIBLE POLLUTANTS
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Construction Activities and Associated Pollutants
Phase Activity Associated Materials or
Pollutants Pollutant Category(1) Grading and Land Development Vehicle and equipment use · Equipment operation
· Equipment maintenance
· Equipment washing
· Equipment fueling
Oil and Grease
Soil preparation/amendments · Use of soil
additives/amendments
Nutrients
Demolition Phase Removal of existing structures · Demolition of asphalt,
concrete, masonry, framing,
roofing, metal structures.
Metals, Oil and Grease,
Synthetic Organics
Solid waste · Litter, trash and debris
· Vegetation
Gross Pollutants
Landscaping and Site Stabilization Phase Planting / Vegetation
Management
· Vegetation control
(pesticides/herbicides)
· Planting
· Plant maintenance
· Vegetation removal
Nutrients, Metals, Synthetic
Organics
(1) Categories per CASQA BMP Handbook (i.e., Sediment, Nutrients, Bacteria and Viruses, Oil and
Grease, Metals, Synthetic Organics, Pesticides, Gross Pollutants, and Vector Production)
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APPENDIX D
SWPPP CONTRACTOR/SUBCONTRACTOR
AGREEMENTS
Agreements will be provided at a later date.
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APPENDIX E
CONTRACTOR/SUBCONTRACTOR INFORMATION
Contractor(s) and subcontractor(s) will be named later.
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APPENDIX F
SWPPP TRAINING LOG
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Trained Contractor Personnel Log
Stormwater Management Training Log and Documentation
Project Name:
WDID #: 3 40C399332
Stormwater Management Topic: (check as appropriate)
Erosion Control
Wind Erosion Control
Non-Stormwater Management Stormwater Sampling
Sediment Control Tracking Control
Waste Management and Materials Pollution Control
Objective:
Location:
Date:
Instructor:
Telephone
Course Length
Attendee Roster (Attach additional forms if necessary)
Name Company Phone
As needed, add proof of external training (e.g., course completion certificates, credentials for
QSP, QSD).
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APPENDIX G
SITE MAP
EROSION CONTROL PLAN
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APPENDIX H
RISK LEVEL CALCULATIONS
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A B C
1 Sediment Risk Factor Worksheet Entry
2 A) R Factor
3
Analyses of data indicated that when factors other than rainfall are held constant, soil loss is directly proportional to a rainfall
factor composed of total storm kinetic energy (E) times the maximum 30-min intensity (I30) (Wischmeier and Smith, 1958). The
numerical value of R is the average annual sum of EI30 for storm events during a rainfall record of at least 22 years. "Isoerodent"
maps were developed based on R values calculated for more than 1000 locations in the Western U.S. Refer to the link below to
determine the R factor for the project site.
4 http://cfpub.epa.gov/npdes/stormwater/LEW/lewCalculator.cfm
5
R Factor Value 3.3
6 B) K Factor (weighted average, by area, for all site soils)
7
The soil-erodibility factor K represents: (1) susceptibility of soil or surface material to erosion, (2) transportability of the
sediment, and (3) the amount and rate of runoff given a particular rainfall input, as measured under a standard condition. Fine-
textured soils that are high in clay have low K values (about 0.05 to 0.15) because the particles are resistant to detachment.
Coarse-textured soils, such as sandy soils, also have low K values (about 0.05 to 0.2) because of high infiltration resulting in low
runoff even though these particles are easily detached. Medium-textured soils, such as a silt loam, have moderate K values (about
0.25 to 0.45) because they are moderately susceptible to particle detachment and they produce runoff at moderate rates. Soils
having a high silt content are especially susceptible to erosion and have high K values, which can exceed 0.45 and can be as large
as 0.65. Silt-size particles are easily detached and tend to crust, producing high rates and large volumes of runoff. Use Site-
specific data must be submitted.
8 Site-specific K factor guidance
9
K Factor Value 0.24
10 C) LS Factor (weighted average, by area, for all slopes)
11
The effect of topography on erosion is accounted for by the LS factor, which combines the effects of a hillslope-length factor, L,
and a hillslope-gradient factor, S. Generally speaking, as hillslope length and/or hillslope gradient increase, soil loss increases. As
hillslope length increases, total soil loss and soil loss per unit area increase due to the progressive accumulation of runoff in the
downslope direction. As the hillslope gradient increases, the velocity and erosivity of runoff increases. Use the LS table located in
separate tab of this spreadsheet to determine LS factors.
Estimate the weighted LS for the site prior to construction.
12
LS Table
13
LS Factor Value 1.25
14
15 Watershed Erosion Estimate (=RxKxLS) in tons/acre 0.99
16 Site Sediment Risk Factor
LOW
17 Low Sediment Risk: < 15 tons/acre
18 Medium Sediment Risk: >=15 and <75 tons/acre
19 High Sediment Risk: >= 75 tons/acre
20
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
46
Receiving Water (RW) Risk Factor Worksheet Entry Score
A. Watershed Characteristics
yes/no
A.1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed
waterbody impaired by sediment (For help with impaired waterbodies please visit the link below)
or has a USEPA approved TMDL implementation plan for sediment?:
YES
HIGH
http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml
OR
A.2. Does the disturbed area discharge to a waterbody with designated beneficial uses of
SPAWN & COLD & MIGRATORY? (For help please review the appropriate Regional Board Basin
Plan)
http://www.waterboards.ca.gov/waterboards_map.shtml
Region 1 Basin Plan
Region 2 Basin Plan
Region 3 Basin Plan
Region 4 Basin Plan
Region 5 Basin Plan
Region 6 Basin Plan
Region 7 Basin Plan
Region 8 Basin Plan
Region 9 Basin Plan
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
47
APPENDIX I
CHAIN-OF-CUSTODY (COC) FORM
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering DESTINATION LAB: ATTN: ADDRESS: Office Phone: Cell Phone: REQUESTED ANALYSIS Notes: SAMPLED BY: Contact: Facility Name Client Sample ID Sample Date Sample Time Sample Matrix Container # Type Pres. SENDER COMMENTS: RELINQUISHED BY Signature: Print: Company: Date: TIME: LABORATORY COMMENTS: RECEIVED BY Signature: Print: Company: Date: TIME:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
APPENDIX J
SWPPP AMENDMENT(S) & LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Amendment Log
Facility Name: Cultural Arts district Parking Structure
Waste Discharge Identification (WDID): 565511
Amendment
No.
Date Page and
Section
No.
Requested
By
Brief Description of Amendment;
include reason for change, site location,
and BMP modifications.
Prepared
and
Approved
By
1 8/31/23 2.1
C.1.0
DPK Update risk level based on proximity to
waterbody. Updated detail for inlet
protection based on phasing
DPK
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX K
CORRECTIVE ACTION LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering EXAMPLE Corrective Action Log Project Name: ______________________________________________ NPDES ID Number: __________________________________________ Section A – Individual Completing this Log Name: Title: Company Name: Email: Address: Phone Number: Section B – Details of the Problem (CGP Part 5.4.1.a) Complete this section within 24 hours of discovering the condition that triggered corrective action. Date problem was first identified: Time problem was first identified: What site conditions triggered this corrective action? (Check the box that applies. See instructions for a description of each triggering condition (1 thru 6).) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ 5a ☐ 5b ☐ 6 Specific location where problem identified: Provide a description of the specific condition that triggered the need for corrective action and the cause (if identifiable): Section C – Corrective Action Completion (CGP Part 5.4.1.b) Complete this section within 24 hours after completing the corrective action. For site condition # 1, 2, 3, 4, or 6 (those not related to a dewatering discharge) confirm that you met the following deadlines (CGP Part 5.2.1): ☐ Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events. AND ☐ Completed corrective action by the close of the next business day, unless a new or replacement control, or significant repair, was required. OR ☐ Completed corrective action within seven (7) calendar days from the time of discovery because a new or replacement control, or significant repair, was necessary to complete the installation of the new or modified control or complete the repair. OR ☐ It was infeasible to complete the installation or repair within 7 calendar days from the time of discovery. Provide the following additional information: Explain why 7 calendar days was infeasible to complete the installation or repair:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering Provide your schedule for installing the stormwater control and making it operational as soon as feasible after the 7 calendar days: For site condition # 5a, 5b, or 6 (those related to a dewatering discharge), confirm that you met the following deadlines: ☐ Immediately took all reasonable steps to minimize or prevent the discharge of pollutants until a solution could be implemented, including shutting off the dewatering discharge as soon as possible depending on the severity of the condition taking safety considerations into account. ☐ Determined whether the dewatering controls were operating effectively and whether they were causing the conditions. ☐ Made any necessary adjustments, repairs, or replacements to the dewatering controls to lower the turbidity levels below the benchmark or remove the visible plume or sheen. Describe any modification(s) made as part of corrective action: (Insert additional rows below if applicable) Date of completion: SWPPP update necessary? If yes, date SWPPP was updated: 1. ☐ Yes ☐ No 2. ☐ Yes ☐ No Section D - Signature and Certification (CGP Part 5.4.2) “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” MANDATORY: Signature of Operator or “Duly Authorized Representative:” Signature: Date: Printed Name: Affiliation: OPTIONAL: Signature of Contractor or Subcontractor Signature: Date: Printed Name: Affiliation:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering General Instructions This Corrective Action Log Template is provided to assist you creating a corrective action log that complies with the minimum reporting requirements of Part 5.4 of the EPA’s Construction General Permit (CGP). For each triggering condition on your site, you will need to fill out a separate corrective action log. The entire form must be completed to be compliant with the requirements of the permit. (Note: In Section C, if you do not need the number of rows provided in the corrective action log, you may delete these or cross them off. Alternatively, if you need more space to describe any modifications, you may insert additional rows in the electronic version of this form or use the bottom of the page in the field version of this form.) If you are covered under a State CGP, this template may be helpful in developing a log that can be used for that permit; however, you will likely need to modify this form to meet the specific requirements of any State-issued permit. If your permitting authority requires you to use a specific corrective action log, you should not use this template. Instructions for Section A Individual completing this form Enter the name of the person completing this log. Include the person’s contact information (title, affiliated company name, address, email, and phone number). Instructions for Section B You must complete Section B within 24 hours of discovering the condition that triggered corrective action. (CGP Part 5.4) When was the problem first discovered? Specify the date and time when the triggering condition was first discovered. What site conditions triggered this corrective action? (CGP Parts 5.1 and 5.3) Check the box corresponding to the numbered triggering condition below that applies to your site. 1. A stormwater control needs a significant repair or a new or replacement control is needed, or, in accordance with Part Error! Reference source not found., you find it necessary to repeatedly (i.e., 3 or more times) conduct the same routine maintenance fix to the same control at the same location (unless you document in your inspection report under Part Error! Reference source not found. that the specific reoccurrence of this same problem should still be addressed as a routine maintenance fix under Part Error! Reference source not found.); 2. A stormwater control necessary to comply with the requirements of this permit was never installed, or was installed incorrectly; 3. Your discharges are not meeting applicable water quality standards; 4. A prohibited discharge has occurred (see Part 1.3); 5. During discharge from site dewatering activities: a. The weekly average of your turbidity monitoring results exceeds the 50 NTU benchmark (or alternate benchmark if approved by EPA pursuant to Part Error! Reference source not found.); or b. You observe or you are informed by EPA, State, or local authorities of the presence of any of the following at the point of discharge to a receiving water flowing through or immediately adjacent to your site and/or to constructed or natural site drainage features or storm drain inlets: · sediment plume · suspended solids · unusual color · presence of odor
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering · decreased clarity · presence of foam · visible sheen on the water surface or visible oily deposits on the bottom or shoreline of the receiving water 6. EPA requires corrective action as a result of permit violations found during an inspection carried out under Part 4.8. Provide a description of the problem (CGP Part 5.4.1.a) Provide a summary description of the condition you found that triggered corrective action, the cause of the problem (if identifiable), and the specific location where it was found. Be as specific as possible about the location; it is recommended that you refer to a precise point on your site map. Instructions for Section C You must complete Section C within 24 hours after completing the correction action. (CGP Part 5.4) Deadlines for completing corrective action for condition # 1, 2, 3, 4, or 6 (if not relating to a dewatering discharge) (CGP Part 5.2.1) Check the box to confirm that you met the deadlines that apply to each triggering condition. You are always required to check the first box (i.e., Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events.). Only one of the next three boxes should be checked depending on the situation that applies to this corrective action. Check the second box if the corrective action for this particular triggering condition does not require a new or replacement control, or a significant repair. These actions must be completed by the close of the next business day from the time of discovery of the condition. Check the third box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair. These actions must be completed by no later than seven calendar days from the time of discover of the condition. Check the fourth box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair, and if it is infeasible to complete the work within seven calendar days. Additionally, you will need to fill out the table below the checkbox that requires: 1. An explanation as to why it was infeasible to complete the installation or repair within seven calendar days of discovering the condition. 2. Provide the schedule you will adhere to for installing the stormwater control and making it operational as soon as feasible after the seventh day following discovery. Note: Per Part 5.2.1.c, where these actions result in changes to any of the stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within seven calendar days of completing this work. Deadlines for completing corrective action for condition # 5a, 5b, or 6 related to a dewatering discharge (CGP Part 5.2.2) These deadlines apply to conditions relating to construction dewatering activities. Check the box to confirm that you met the deadlines that apply to each triggering condition. You are required to check all of the boxes in this section to indicate your compliance with the corrective action deadlines. List of modification(s) to correct problem Provide a list of modifications you completed to correct the problem. Date of completion Enter the date you completed the modification. The work must be completed by the deadline you indicated above.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering SWPPP update necessary? Check “Yes” or “No” to indicate if a SWPPP update is necessary consistent with Part 7.4.1.a in order to reflect changes implemented at your site. If “Yes,” then enter the date you updated your SWPPP. The SWPPP updates must be made within seven calendar days of completing a corrective action. (CGP Part 5.2.1.c) Instructions for Section D Each corrective action log entry must be signed and certified following completion of Section D to be considered complete. (CGP Part 5.4.2) Operator or “Duly Authorized Representative” – MANDATORY (CGP Appendix G Part G.11.2 and CGP Appendix H Section X) At a minimum, the corrective action log must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply: If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: · For a corporation: By a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. · For a partnership or sole proprietorship: By a general partner or the proprietor, respectively. · For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a Federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: · The authorization is made in writing by the person who signed the NOI (see above); · The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and · The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. Sign, date and print your name and affiliation.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering Contractor or Subcontractor - OPTIONAL Where you rely on a contractor or subcontractor to complete this log and the associated corrective action, you should consider requiring the individual(s) to sign and certify each log entry. Note that this does not relieve you, the permitted operator, of the requirement to sign and certify the log as well. If applicable, sign, date, and print your name and affiliation. Recordkeeping Logs must be retained for at least 3 years from the date your permit coverage expires or is terminated. (CGP Part 5.4.4) Keep copies of your signed corrective action log entries at the site or at an easily accessible location so that it can be made immediately available at the time of an on-site inspection or upon request by EPA. (CGP Part 5.4.3) Include a copy of the corrective action log in your SWPPP. (CGP Part 7.2.7.e) Note While EPA has made every effort to ensure the accuracy of all instructions contained in this template, it is the permit, not this template, that determines the actual obligations of regulated construction stormwater discharges. In the event of a conflict between this template and any corresponding provision of the CGP, you must abide by the requirements in the permit. EPA welcomes comments on this Corrective Action Log Template at any time and will consider those comments in any future revision. You may contact EPA for CGP-related inquiries at cgp@epa.gov
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX L
SAMPLING LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Visual Observation Log - Monthly
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Current Weather:
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source:
Outdoor Industrial Equipment and Storage Area Observations
Complete Monthly BMP
Inspection Report
Yes □ No □
Drainage Area 1:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 2:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 3:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
If yes to any, describe:
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Visual Observation Log – Sampling Events
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Weather:
Precipitation Total: Predicted % chance of rain:
Estimate storm beginning:
(date and time)
Estimate storm
duration:
(hours)
Estimate time
since last storm:
(days or hours)
Rain
gauge
reading:
(inches)
Sampling Event Observations
Observations: If yes identify location and observe drainage area to identify probable cause
Odors Yes □ No □
Floating material Yes □ No □
Suspended Material Yes □ No □
Sheen Yes □ No □
Discolorations Yes □ No □
Turbidity Yes □ No □
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source
Drainage Area Observations
Drainage Area Deficiencies Noted
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Sampling Log
Facility Name: Date: Time Start:
Sampler Name:
Field Meter Calibration
pH Meter ID No./Description:
Calibration Date/Time:
Field pH Measurements
Discharge Location Identifier pH Time
Samples Collected
Discharge
Location Identifier
Constituent Time
Oil and Grease
Total Suspended Solids
Additional Sampling Notes:
Time End:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
APPENDIX M
ANNUAL FEE STATEMENT AND RECIEPTS
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
FOR INFORMATION ONLY. SEE THE WATERBOARDS.CA.GOV WEBSITE FOR FEES AND
STIPULATONS.
CALIFORNIA CODE OF REGULATIONS
TITLE 23. Division 3. Chapter 9. Waste Discharge Reports and Requirements Article 1. Fees
Section 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the
Water Code shall submit, to the state board, an annual fee in accordance with the following schedules. The
fee shall be submitted for each waste discharge requirement order issued to that person.1 (a) The annual
fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3),
(a)(4), (b), and (c), shall be based on the discharge’s threat to water quality (TTWQ) and complexity (CPLX)
rating according to the following fee schedule, plus applicable surcharge(s).
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Oil and gas produced water storage and disposal facilities regulated by waste discharge requirements are
subject to a surcharge per barrels of waste water discharged in the prior 12 months according to the following
schedule: TTWQ & CPLX Rating No Barrels 1 to 999,999 Barrels 1,000
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
APPENDIX N
CONSTRUCTION SITE MONITORING INSPECTION FORM
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
BMP INSPECTION REPORT
Date and Time of Inspection: Date Report Written:
Inspection Type:
(Circle one)
Weekly
Complete Parts
I,II,III and VII
Pre-Storm
Complete Parts
I,II,III,IV and VII
During Rain Event
Complete Parts I, II,
III, V, and VII
Post-Storm
Complete Parts
I,II,III,VI and VII
Part I. General Information
Site Information
Construction Site Name:
Construction stage and
completed activities:
Approximate area
of site that is exposed:
Photos Taken:
(Circle one) Yes No
Photo Reference IDs:
Weather
Estimate storm beginning:
(date and time)
Estimate storm duration:
(hours)
Estimate time since last storm:
(days or hours)
Rain gauge reading and location:
(in)
Is a “Qualifying Event” predicted or did one occur (i.e., 0.5” rain with 48-hrs or greater between events)? (Y/N) If yes,
summarize forecast:
Exemption Documentation (explanation required if inspection could not be conducted). Visual inspections
are not required outside of business hours or during dangerous weather conditions such as flooding or electrical storms.
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part II. BMP Observations. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Failures or
other short
comings (yes,
no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Construction Materials
Inventory of products (excluding materials designed to be
outdoors)
Stockpiled construction materials not actively in use are
covered and bermed
All chemicals are stored in watertight containers with
appropriate secondary containment, or in a completely
enclosed storage shed
Construction materials are minimally exposed to precipitation
BMPs preventing the off-site tracking of materials are
implemented and properly effective
Good Housekeeping for Waste Management
Wash/rinse water and materials are prevented from being
disposed into the storm drain system
Portable toilets are contained to prevent discharges of waste
Sanitation facilities are clean and with no apparent for leaks and
spills
Equipment is in place to cover waste disposal containers at the
end of business day and during rain events
Discharges from waste disposal containers are prevented from
discharging to the storm drain system / receiving water
Stockpiled waste material is securely protected from wind and rain
if not actively in use
Procedures are in place for addressing hazardous and non-
hazardous spills
Appropriate spill response personnel are assigned and trained
Equipment and materials for cleanup of spills is available
onsite
Washout areas (e.g., concrete) are contained appropriately to
prevent discharge or infiltration into the underlying soil
Good Housekeeping for Vehicle Storage and Maintenance
Measures are in place to prevent oil, grease, or fuel from
leaking into the ground, storm drains, or surface waters
All equipment or vehicles are fueled, maintained, and stored in a
designated area with appropriate BMPs
Vehicle and equipment leaks are cleaned immediately and
disposed of properly
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part II. BMP Observations Continued. Describe deficiencies in Part III.
Minimum BMPs for Risk Level 2 Sites
Adequately
designed,
implemented and
effective
(yes, no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Landscape Materials
Stockpiled landscape materials such as mulches and topsoil are
contained and covered when not actively in use
Erodible landscape material has not been applied 2 days
before a forecasted rain event or during an event
Erodible landscape materials are applied at quantities and rates
in accordance with manufacturer recommendations
Bagged erodible landscape materials are stored on pallets and
covered
Good Housekeeping for Air Deposition of Site Materials
Good housekeeping measures are implemented onsite to
control the air deposition of site materials and from site
operations
Non-Stormwater Management
Non-Stormwater discharges are properly controlled
Vehicles are washed in a manner to prevent non-stormwater
discharges to surface waters or drainage systems
Streets are cleaned in a manner to prevent unauthorized non-
stormwater discharges to surface waters or drainage systems.
Erosion Controls
Wind erosion controls are effectively implemented
Effective soil cover is provided for disturbed areas inactive (i.e., not
scheduled to be disturbed for 14 days) as well as finished slopes,
open space, utility backfill, and completed lots
The use of plastic materials is limited in cases when a more
sustainable, environmentally friendly alternative exists.
Sediment Controls
Perimeter controls are established and effective at controlling
erosion and sediment discharges from the site
Entrances and exits are stabilized to control erosion and
sediment discharges from the site
Sediment basins are properly maintained
Linear sediment control along toe of slope, face of slope an at grade
breaks (Risk Level 2 & 3 Only)
Limit construction activity to and from site to entrances and exits
that employ effective controls to prevent offsite tracking (Risk
Level 2 & 3 Only)
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Ensure all storm, drain inlets and perimeter controls, runoff
control BMPs and pollutants controls at entrances and exits are
maintained and protected from activities the reduce their
effectiveness (Risk Level 2 & 3 Only)
Inspect all immediate access roads daily (Risk Level 2 & 3
Only)
Run-On and Run-Off Controls
Run-on to the site is effectively managed and directed away from
all disturbed areas.
Other
Are the project SWPPP and BMP plan up to date, available on-site and
being properly implemented?
Part III. Descriptions of BMP Deficiencies
Deficiency
Repairs Implemented:
Note - Repairs must begin within 72 hours of identification and,
complete repairs as soon as possible.
Start Date Action
1.
2.
3.
4.
Part IV. Additional Pre-Storm Observations. Note the presence or absence of floating and suspended
materials, sheen, discoloration, turbidity, odors, and source(s) of pollutants(s).
Yes, No, N/A
Do stormwater storage and containment areas have adequate freeboard? If no, complete Part III.
Are drainage areas free of spills, leaks, or uncontrolled pollutant sources? If no, complete Part VII and
describe below.
Notes:
Are stormwater storage and containment areas free of leaks? If no, complete Parts III and/or VII and describe
below.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part V. Additional During Storm Observations. If BMPs cannot be inspected during inclement
weather, list the results of visual inspections at all relevant outfalls, discharge points,
and downstream locations. Note odors or visible sheen on the surface of discharges. Complete Part VII
(Corrective Actions) as needed.
Outfall, Discharge Point, or Other Downstream Location
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Part VI. Additional Post-Storm Observations. Visually observe (inspect) stormwater discharges at
all discharge locations within two business days (48 hours) after each qualifying rain event, and observe
(inspect) the discharge of stored or contained stormwater that is derived
from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at
the time of discharge. Complete Part VII (Corrective Actions) as needed.
Discharge Location, Storage or
Containment Area
Visual Observation
Notes:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part VII. Additional Corrective Actions Required. Identify additional corrective actions not included
with BMP Deficiencies (Part III) above. Note if SWPPP change is required.
Required Actions Implementation Date
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX O
RAIN EVENT ACTION PLAN
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Rain Event Action Plan (REAP)
Date of REAP WB DID Number:
Date Rain Predicted to Occur: Predicted % chance of rain:
Predicted Rain Event Triggered Actions
Below is a list of suggested actions and items to review for this project. Each active Trade should check all material storage areas,
stockpiles, waste management areas, vehicle and equipment storage and maintenance, areas of active soil disturbance, and areas of active
work to ensure the proper implementation of BMPs. Project-wide BMPs should be checked and cross- referenced to the BMP progress
map.
Trade or Activity Suggested action(s) to perform / item(s) to review prior to rain event
Information & Scheduling Inform trade supervisors of predicted rain
Check scheduled activities and reschedule as needed
Alert erosion/sediment control provider
Alert sample collection contractor (if applicable)
Schedule staff for extended rain inspections
Check Erosion and Sediment Control (ESC) material stock
Review BMP progress map
Other:
Material storage areas Material under cover or in sheds (ex: treated woods and metals)
Perimeter control around stockpiles
Other:
Waste management areas Dumpsters closed
Drain holes plugged
Recycling bins covered
Sanitary stations bermed and protected from tipping
Other:
Trade operations Exterior operations shut down for event (e.g., no concrete pours or paving)
Soil treatments (e.g., fertilizer) ceased within 24 hours of event
Materials and equipment (e.g., tools) properly stored and covered
Waste and debris disposed in covered dumpsters or removed from site
Trenches and excavations protected
Perimeter controls around disturbed areas
Fueling and repair areas covered and bermed
Other:
Site ESC BMPs Adequate capacity in sediment basins and traps
Site perimeter controls in place
Catch basin and drop inlet protection in place and cleaned
Temporary erosion controls deployed
Temporary perimeter controls deployed around disturbed areas and stockpiles
Roads swept; site ingress and egress points stabilized
Other:
Concrete rinse out area Adequate capacity for rain
Wash-out bins covered
Other:
Spill and drips All incident spills and drips, including paint, stucco, fuel, and oil cleaned
Drip pans emptied
Other:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Other / Discussion /
Diagrams
Attach a printout of the weather forecast from the NOAA website to the REAP.
I certify under penalty of law that this Rain Event Action Plan (REAP) will be performed in accordance with the General Permit by me or
under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Date:
Qualified SWPPP Practitioner (Use ink please)
132
From:Dustin Merrick <dmerrick@rinconconsultants.com>
Sent:Tuesday, August 22, 2023 4:56 PM
To:Kelsey Shaffer; rstefanek@kitchell.com; Kacsinta, Madeline; Hannah Haas
Cc:Lorie Laguna; Lisa Lathrop; Haylee Bautista; Mona Tucker
Subject:RE: [EXT] City of SLO Parking Structure
Attachments:PalmNipomo_FEIR_CR and TCR.pdf; Phase 1B-2 Mitigation and Monitoring Plan.pdf; Cultural
Resources Inventory Report 2011.pdf; Cultural Arts XPI Report.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Kelsey,
I believe Madeline followed up with you, but I wanted to provide you with the documents you requested. Attached are the
Phase I and extended Phase I cultural resources reports. I’m also attaching the relevant Environmental Impact Report and
monitoring plan for the current phase of the project.
We did indeed monitor the previous utilities undergrounding phase, which part of a different CEQA document relating to utility
improvements throughout the City. We did observe some materials related to a late 18 th century house. The features included
refuse deposit, two brick foundations, and a red-brick-walled fireplace. Based on archival research, we believe that these
features are related to a house built by Dr. Thomas Norton and was catastrophically burned and demolished in the 1950s.
Feel free to let me know if you have any questions or there’s anything else I can assist with.
Dustin Merrick, MA, RPA, Archaeologist/Project Manager
Rincon Consultants, Inc.
805-762-4064 Direct
805-644-4455 Main
dmerrick@rinconconsultants.com
From: Kelsey Shaffer <
Sent: Friday, August 11, 2023 2:00 PM
To: Dustin Merrick <dmerrick@rinconconsultants.com>; rstefanek@kitchell.com; MKacsint@slocity.org; Hannah Haas
<hhaas@rinconconsultants.com>
Cc: ; Lisa Lathrop < ; Haylee Bautista
< ; Mona Tucker <
Subject: Re: [EXT] City of SLO Parking Structure
133
CAUTION: This email originated from outside of Rincon Consultants. Be cautious before clicking on any links, or
opening any attachments, until you are confident that the content is safe .
Hi Dustin,
I hope you are doing well and enjoying your Friday! Our tribe wanted to follow up on the new SLO Parking Structure. Is it
possible to send the monitoring plan and arch reports for this project?
In the past we had mentioned that this was a sensitive area of interest to the tribe, and having worked in the area before fi nding
both cultural and historic deposits we would like to have ytt monitoring for the ground disturbance.
We understand that phase one included trenching for underground utilities and was already started and possibly completed?
Can you give us a summary of any findings during that work?
Thank you very much, we look forward to hearing from you! Have a good weekend.
au’au’
Kelsey Shaffer
Sent from my iPhone
On Aug 11, 2023, at 1:38 PM, Mona Tucker < wrote:
FYI
---------- Forwarded message ---------
From: Dustin Merrick <dmerrick@rinconconsultants.com>
Date: Thu, May 4, 2023 at 2:47 PM
Subject: RE: [EXT] City of SLO Parking Structure
To: Mona Tucker <
Cc: Ryan Stefanek <rstefanek@kitchell.com>, Kacsinta, Madeline <MKacsint@slocity.org>, Hannah Haas
<hhaas@rinconconsultants.com>
Hi Mona,
Sure thing! I’ll get you everything I can before the end of day tomorrow.
134
Best,
Dustin Merrick, MA, RPA, Archaeologist/Project Manager
Rincon Consultants, Inc.
805-762-4064 Direct
805-644-4455 Main
dmerrick@rinconconsultants.com
From: Mona Tucker <
Sent: Thursday, May 4, 2023 12:22 PM
To: Dustin Merrick <dmerrick@rinconconsultants.com>
Subject: [EXT] City of SLO Parking Structure
CAUTION: This email originated from outside of Rincon Consultants. Be cautious before clicking on any
links, or opening any attachments, until you are confident that the content is safe .
Hello Dustin:
I would like to see the monitoring plan and to be in place to fulfill
monitoring needs. I would also like to see the arch reports for the location and the
City of SLO should be sending that request to you soon.
135
Thank you,
Mona
Mona Tucker
--
Mona Olivas Tucker, Chair
yak tityu tityu yak tiłhini Northern Chumash Tribe
San Luis Obispo County and Region
yttnorthernchumashtribe.com/
Dustin Merrick, MA, RPA, Archaeologist/Project Manager
Rincon Consultants, Inc.
805-762-4064 Direct
805-644-4455 Main
dmerrick@rinconconsultants.com
Palm Nipomo Parking Structure Project
Final Environmental Impact Report
SCH#2017051011
prepared by
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
Contact: Scott Lee, Parking Manager
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
July 2018
Volume I
Palm Nipomo Parking Structure Project
Final Environmental Impact Report
SCH#2017051011
prepared by
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
Contact: Scott Lee, Parking Manager
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
July 2018
Volume I
This report prepared on 50% recycled paper with 50% post-consumer content.
Table of Contents
Final Environmental Impact Report i
Table of Contents
Executive Summary ................................................................................................................................ 1
Project Synopsis .................................................................................................................. 1
Project Alternativ ................................................................................................................ 3
Significant and Unavoidable Impacts .................................................................................. 5
1 Introduction ..................................................................................................................................19
1.1 Environmental Impact Report Background.......................................................................19
1.2 Purpose and Legal Authority .............................................................................................19
1.3 Scope and Content ............................................................................................................20
1.4 Lead, Responsible, and Trustee Agencies .........................................................................21
1.5 Environmental Review Process .........................................................................................21
2 Project Description .......................................................................................................................25
2.1 Project Applicant ...............................................................................................................25
2.2 Lead Agency Contact Person .............................................................................................25
2.3 Project Location ................................................................................................................25
2.4 Existing Site Characteristics ..............................................................................................25
Setting ...............................................................................................................29 2.4.1
Current Land Use Designation and Zoning .......................................................29 2.4.2
Surrounding Land Uses .....................................................................................29 2.4.3
2.5 Project Characteristics ......................................................................................................30
Project Objectives .............................................................................................37 2.5.1
Required Approvals ..........................................................................................37 2.5.2
3 Environmental Setting ..................................................................................................................39
3.1 Regional Setting ................................................................................................................39
3.2 Project Site Setting ............................................................................................................39
3.3 Cumulative Development .................................................................................................40
4 Environmental Impact Analysis ....................................................................................................41
4.1 Aesthetics ..........................................................................................................................43
Setting ...............................................................................................................43 4.1.1
4.1.2 Impact Analysis .................................................................................................53
4.2 Cultural and Tribal Cultural Resources..............................................................................59
Setting ...............................................................................................................59 4.2.1
Impact Analysis .................................................................................................69 4.2.2
4.3 Noise .................................................................................................................................81
Setting ...............................................................................................................81 4.3.1
Impact Analysis .................................................................................................87 4.3.2
4.4 Transportation ................................................................................................................101
4.4.1 Setting .............................................................................................................101
4.4.2 Impact Analysis ...............................................................................................112
City of San Luis Obispo
Palm Nipomo Parking Structure Project
ii
5 Issues Addressed in the Initial Study ..........................................................................................127
5.1 Impacts Less than Significant with Mitigation ................................................................127
5.2 Issues with Less than Significant Impact or No Impact ...................................................133
6 Other CEQA Required Discussions ..............................................................................................145
6.1 Growth Inducing Effects ..................................................................................................145
Population Growth .........................................................................................145 6.1.1
Economic Growth ...........................................................................................145 6.1.2
Precedent Setting Action ................................................................................146 6.1.3
Development of Isolated or Adjacent Area of Open Space ............................146 6.1.4
6.1.5 Removal of an Impediment to Growth ...........................................................146
6.2 Energy Use and Conservation .........................................................................................146
Existing Conditions ..........................................................................................147 6.2.1
Analysis of Project Impacts and Determination of Significance .....................151 6.2.2
6.3 Significant Unavoidable Effects .......................................................................................154
6.4 Significant Irreversible Environmental Effects ................................................................154
7 Alternatives .................................................................................................................................155
7.1 Alternatives Considered but Eliminated from Further Discussion .................................155
7.2 Alternative 1: No Project/No Development....................................................................156
7.2.1 Alternative Description ...................................................................................156
7.2.2 Impact Analysis ...............................................................................................156
7.3 Alternative 2: Project Plus Live/Work Units ....................................................................156
7.3.1 Alternative Description ...................................................................................156
7.3.2 Impact Analysis ...............................................................................................157
7.4 Alternative 3: Parking Structure, Commercial and Residential ......................................158
7.4.1 Alternative Description ...................................................................................158
7.4.2 Impact Analysis ...............................................................................................158
7.5 Alternative 4: Historic Resource Preservation ................................................................160
7.5.1 Alternative Description ...................................................................................160
7.5.2 Impact Analysis ...............................................................................................160
7.6 Environmentally Superior Alternative ............................................................................161
8 References ..................................................................................................................................163
8.1 Bibliography ....................................................................................................................163
8.2 List of Preparers ..............................................................................................................166
9 Response to Comments on the Draft EIR ...................................................................................167
9.1 Responses to Public Testimony on the Draft EIR ............................................................167
9.2 Responses to Written Comments on the Draft EIR ........................................................175
Tables
Table 1 Project Characteristics ........................................................................................................ 2
Table 2 Class I, Significant and Unavoidable Environmental Impacts ............................................. 6
Table 3 Class II, Significant but Mitigable Environmental Impacts .................................................. 9
Table 4 Class III, Less than Significant Environmental Impacts .....................................................18
Table 5 Designated Historic Buildings Within and Adjacent to the Project Site ...........................62
Table of Contents
Final Environmental Impact Report iii
Table 6 Impacts to Historical Resources ........................................................................................72
Table 7 Noise Measurement Results .............................................................................................83
Table 8 Maximum Noise Exposure for Noise-Sensitive Uses Due To Transportation Noise
Sources ..........................................................................................................................................85
Table 9 Maximum Noise Levels for Nonscheduled, Intermittent, Short-Term Operation (Less
than 10 Days) of Mobile Equipment .............................................................................................86
Table 10 Maximum Noise Levels for Repetitively Scheduled, Relatively Long-Term Operation (10
Days or More) of Stationary Equipment .......................................................................................86
Table 11 Exterior Noise Limits (Not to be Exceeded More than 30 Minutes in Any Hour) .............87
Table 12 Maximum Periods for Increased Noise Levels ..................................................................87
Table 13 California Department of Transportation Vibration Annoyance Potential Criteria ..........90
Table 14 Significance of Changes in Operational Roadway Noise Exposures .................................91
Table 15 Construction Noise Levels by Phase..................................................................................92
Table 16 Vibration Source Levels for Construction Equipment .......................................................96
Table 17 Existing and Existing Plus Project Noise Levels on Studied Roadway Segments ..............98
Table 18 Cumulative and Cumulative Plus Project Noise Levels on Roadway Segments..............100
Table 19 Study Intersections and Segments ..................................................................................101
Table 20 Level of Service Criteria ...................................................................................................104
Table 21 Existing Average Daily Trips ............................................................................................105
Table 22 Existing Intersection LOS for Vehicles (PM Peak Hour) ..................................................105
Table 23 Existing Roadway Segment LOS for Vehicles (PM Peak Hour) ........................................107
Table 24 Existing Intersection LOS for Pedestrians (PM Peak Hour) .............................................107
Table 25 Existing Roadway Segment LOS for Pedestrians (PM Peak Hour) ..................................107
Table 26 Existing Roadway Segment LOS for Bicycles (PM Peak Hour).........................................108
Table 27 Existing Roadway Segment LOS for Public Transit (PM Peak Hour) ...............................109
Table 28 Weekday Vehicle Trip Generation (PM Peak Hour) ........................................................112
Table 29 Existing and Existing Plus Project Intersection LOS for Vehicles (PM Peak Hour) ..........115
Table 30 Existing and Existing Plus Project Segment LOS for Vehicles (PM Peak Hour) ...............116
Table 31 Existing and Existing Plus Project Intersection LOS for Pedestrians (PM Peak Hour) .....118
Table 32 Existing and Existing Plus Project Segment LOS for Pedestrians (PM Peak Hour) ..........118
Table 33 Existing and Existing Plus Project Segment LOS for Bicycles (PM Peak Hour) ................119
Table 34 Existing and Existing Plus Project Segment LOS for Transit (PM Peak Hour) ..................119
Table 35 Cumulative and Cumulative Plus Project Intersection LOS for Vehicles (PM Peak Hour)122
Table 36 Cumulative and Cumulative Plus Project Segment LOS for Vehicles (PM Peak Hour) ...122
City of San Luis Obispo
Palm Nipomo Parking Structure Project
iv
Table 37 Cumulative and Cumulative Plus Project Segment LOS for Bicycles (PM Peak Hour) ....124
Table 38 Cumulative and Cumulative Plus Project Segment LOS for Transit (PM Peak Hour) ......124
Table 39 Cumulative and Cumulative Plus Project Intersection LOS for Pedestrians (PM Peak
Hour) ........................................................................................................................................125
Table 40 Cumulative and Cumulative Plus Project Roadway Segment LOS for Pedestrians (PM
Peak Hour) ..................................................................................................................................125
Table 41 Project Energy Use Relative to Statewide Energy Use ....................................................152
Table 42 Project Operational Vehicle Fuel Consumption ..............................................................152
Table 43 Alternatives and Impact Comparisons ............................................................................162
Table 44 Public Hearing Comment Summary ................................................................................168
Table 45 Comments Received on the Draft EIR .............................................................................176
Figures
Figure 1 Environmental Review Process .........................................................................................23
Figure 2 Regional Location ..............................................................................................................26
Figure 3 Project Planning Area ........................................................................................................27
Figure 4 Project Site Location and Surrounding Uses .....................................................................28
Figure 5 Site Plan.............................................................................................................................31
Figure 6 Nipomo Street Elevation ...................................................................................................32
Figure 7 Conceptual Project Renderings (View of Parking Structure and Commercial Space from
Corner of Palm and Nipomo Streets) ............................................................................................35
Figure 8 Conceptual Project Renderings (View of Commercial Space and Parking Structure from
Nipomo Streets) ............................................................................................................................36
Figure 9 Site Photographs ...............................................................................................................45
Figure 10 Noise Measurement Locations .........................................................................................84
Figure 11 Study Intersections and Road Segments ........................................................................102
Figure 12 Existing Weekday PM Peak Hour Traffic Volumes ..........................................................106
Figure 13 Existing Plus Project Weekday PM Peak Hour Traffic Volumes ......................................117
Figure 14 Cumulative and Cumulative Plus Project Traffic Volumes ..............................................123
Appendices
Appendix A Notice of Preparation and Initial Study
Appendix B Cultural Resources Inventory Report and Native American Correspondence
Appendix C Noise Modeling Worksheets
Appendix D Transportation Impact Study
Executive Summary
Final Environmental Impact Report 1
Executive Summary
This section summarizes the characteristics of the proposed Palm Nipomo Parking Structure Project,
alternatives to the project, and the environmental impacts, mitigation measures, and residual
impacts associated with the project. City staff prepared an Initial Study and circulated a Notice of
Preparation (NOP) for the project on May 1, 2017. The Initial Study identified potentially significant
impacts with respect to aesthetics, cultural resources, noise, and transportation and traffic, and this
document is an environmental impact report (EIR) that further analyzes those impacts. All other
CEQA issue areas were addressed in the Initial Study (Appendix A) and are summarized in Section
5.0, Issues Addressed in the Initial Study.
Project Synopsis
Project Applicant
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Lead Agency Contact Person
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Contact: Scott Lee, Parking Manager
Project Description
This EIR has been prepared to examine the potential environmental effects of the Palm Nipomo
Parking Structure Project. The following is a summary of the full project description, which is located
in Section 2.0, Project Description.
The project would involve the removal of an existing 77-space surface parking lot and five
residential structures (including detached garage) and construction of an above-ground, five-level
parking structure, non-profit theater, and commercial space on a 1.38-acre site located in the city of
San Luis Obispo. The parking structure would provide up to 445 parking spaces.1 Main vehicular
access to the structure would be provided from Palm Street, with secondary access from Nipomo
Street. The theater would entail a three-story structure with a gross floor area of 23,841 square feet
1 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on the current
design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a maximum of up to 445 parking
spaces would be provided.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
2
and up to 255290 theater seats fronting Monterey Street. The project would also include 5,000
square feet of commercial space on two levels fronting Nipomo Street. The project would require a
General Plan Amendment, Zone Change, Planning Commission Use Permit, and Architectural
Review. Table 1 summarizes the characteristics of the proposed project.
Table 1 Project Characteristics
Address 609, 610, 614, 630, 633 Palm Street and 970, 972 Nipomo Street
APN 002-412-001, 002-412-002, 002-412-003, 002-412-004, 002-412-
011, and 002-412-012
Maximum Building Height
Parking Structure
50 feet structure + 14 feet for elevator tower
Commercial 41 feet
Theater 43 feet
Lot Area Approx. 60,329 square feet (sf) (1.38 acres)
Building Footprint1 Approx. 44,487 sf
Building Gross Floor Area2 191,591 sf
Parking Structure Gross Floor Area 162,750 sf
Ground Floor 32,500 sf
Parking Level 2 32,750 sf
Parking Level 3 32,750 sf
Parking Level 4 32,750 sf
Parking Level 5 32,000 sf
Commercial Gross Floor Area 5,000 sf
1st Floor 2,500 sf
2nd Floor 2,500 sf
Theater Gross Floor Area 23,841 sf
1st Floor (Basement) 6,357 sf
2nd Floor (Main) 9,487 sf
3rd Floor 5,744 sf
Roof Balcony & Exit Stairs 2,253 sf
Total Parking Spaces3 445
Net New Parking Spaces 368
1 Building footprint is sum of ground or main levels of each use.
2 The gross floor area is the sum of all floors or levels for all uses.
3 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on the current
design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a maximum of up to 445 parking
spaces would be provided.
sf = square feet
Executive Summary
Final Environmental Impact Report 3
Project Objectives
Objectives for this project include the following:
Provide a minimum of 400 parking spaces
Accommodate cultural uses on Monterey Street in front of the structure
Include a pedestrian-level public use plaza area at the corner of Nipomo and Monterey Streets
Provide a direct pedestrian connection from the structure to Monterey Street
Preserve the large oak tree on site
Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
Project Alternatives
As required by Section 15126(d) of the State CEQA Guidelines, this EIR examines a range of
reasonable alternatives to the project that could feasibly achieve similar objectives. This includes
the following five alternatives:
Alternative 1. No Project /No Development assumes the project is not approved, that none of
the proposed entitlements are implemented, and that no further development would occur on
the project site.
Alternative 2. Project Plus Live/Work Units would be the same as the proposed project
described above, except the 5,000 square feet of commercial space would be reduced to 2,500
square feet of commercial space and four residential units would be included.
Alternative 3. Parking Structure, Commercial, and Residential would be the same as the
preferred project described above, except the theater would be replaced with 22 two-bedroom
residential units.
Alternative 4. Historic Resource Preservation would include the parking structure and 5,000
square feet of commercial space, but retain the two houses at 610 and 614 Monterey Street.
The theater would not be included as part of this alternative.
Alternative 4. The Historic Resource Preservation Alternative would be the environmentally
superior alternative, as it would avoid direct impacts to historical resources because the two
contributing structures to the Downtown Historic District and the linkage between properties in the
district they provide would remain in place. However, aesthetic and noise impacts would remain
significant and unavoidable.
Alternative 1. No Project/No Development could also be considered environmentally superior to
the proposed project because the site would remain as is and it would not result in any significant
environmental impacts; however, it would not meet the project objectives.
Alternative 2. Project Plus Live/Work Units would result in a similar magnitude of environmental
impacts as the proposed project, as buildout would be almost identical. This alternative would not
reduce any of the significant and unavoidable impacts.
Alternative 3. Parking Structure, Commercial, and Residential would result in a similar magnitude
of environmental impacts as the proposed project. The addition of 22 residential units in place of
the theater would not result in inferior or superior environmental conditions relative to the
proposed project and would not eliminate the significant impacts to historical resources, visual
City of San Luis Obispo
Palm Nipomo Parking Structure Project
4
character, or from construction noise. Most of the issues addressed in the Initial Study would be the
same as the proposed project, with an incremental increase in public services demanded and
water/wastewater generated.
The complete alternatives analysis is included in Section 7.0, Alternatives.
Areas of Concern
Pursuant to State CEQA Guidelines § 15123(b)(2), this EIR acknowledges the areas of controversy
and issues to be resolved which are known to the City of San Luis Obispo or were raised during the
scoping process. An Initial Study and Notice of Preparation (NOP) of an EIR was prepared and
circulated for a 30-day agency- and public-review period beginning on May 1, 2017. Several
comment letters from members of the public were received in response to the NOP. In addition, an
EIR Scoping Meeting was also held at the Planning Commission Meeting on May 10, 2017, and
comments on the scope of the EIR were received from members of the public and the City Planning
Commissioners. The NOP and Initial Study, and NOP comment letters are included in Appendix A of
this EIR. Key issues of concern that were identified in the NOP responses and voiced at the EIR
scoping meeting included the following:
Comment/Area of Concern EIR Section Where Addressed
Impacts on views of Cerro San Luis Obispo 4.1 Aesthetics
Size and scale of the project and its aesthetic compatibility with the
historical character or surrounding development 4.1 Aesthetics
Impacts to historical resources, including adobe on the project site 4.2 Cultural and Tribal Cultural Resources
Impacts to tribal cultural resources 4.2 Cultural and Tribal Cultural Resources
Increase in operational noise and its impact on sensitive receptors 4.3 Noise
Vehicle trips generated by project 4.4 Transportation
Pedestrian-vehicle conflicts; pedestrian safety crossing Nipomo Street 4.4 Transportation
Induced travel 4.4 Transportation
Calculation methodology for greenhouse gas emissions 5.0 Issues Addressed in Initial Study
Alternatives to the project 7.0 Alternatives
Revisions to the Draft EIR
Under the provisions CEQA Section 15088, a 45-day public review period of the Draft EIR is required.
The Draft EIR was circulated from December 14, 2017 until March 1, 2018. Each written and verbal
comment that the City received is included in Section 9.0, Responses to Comments. Responses to
these comments have been prepared to address the environmental concerns raised by the
commenters and to indicate where and how the Draft EIR addresses pertinent environmental issues.
The Draft EIR and responses to comments collectively comprise the Final EIR for the project.
The responses to comments summarize the comment and direct the commenter to the section of
the Draft EIR that addresses their comment. In some cases, revisions have been made to the Draft
EIR to clarify information, data, or intent, or to make minor typographical corrections or minor
working changes. Any changes made to the text of the Draft EIR are noted in the Final EIR as
changes from the Draft EIR. Where a comment results in a change to the Draft EIR text, a notation is
made in the response indicating that the text is revised. Changes in the Draft EIR text are signified by
strikeouts where text is removed and by underline font where text is added. If text is added where
Executive Summary
Final Environmental Impact Report 5
the font is already bold or underlined, additions are noted using underlined bold font. Revisions
were made to the proposed number of theater seats. These changes are shown on page 2 of the
Executive Summary and Section 2.5, Project Characteristics. Although the total number of seats
increased from 155 to 191, this did not change any of the impacts as project effects were calculated
based on building square footage and/or number of employees, which did not change. In addition, a
revision was made to the theater footprint shown on Figure 5, Site Plan, based on refinements to
the project design. As previously noted, the building square footage did not change and this revision
did not change any of the impacts.
Summary of Impacts and Mitigation Measures
Table 2 through Table 4 provide a summary of the potential environmental impacts of the project.
The mitigation measures associated with each impact, which are to be implemented in order to
reduce the environmental impacts to the maximum extent feasible, are also summarized therein. In
accordance with the State CEQA Guidelines, the tables identify the following types of potential
impacts associated with the project:
Class I, Significant and Unavoidable. An impact that cannot be reduced to below the threshold
level given reasonably available and feasible mitigation measures. Such an impact requires a
‘Statement of Overriding Considerations’ to be issued if the project is approved per §15093 of
the State CEQA Guidelines.
Class II, Significant but Mitigable. An impact that can be reduced to below the threshold level
given reasonably available and feasible mitigation measures. Such an impact requires ‘Findings’
to be made under §15091 of the State CEQA Guidelines.
Class III, Less than Significant. An impact that may be adverse, but does not exceed the
threshold levels and does not require mitigation measures. However, mitigation measures that
could further lessen the environmental effect may be suggested if readily available and easily
achievable.
Class IV, Beneficial. An effect that would reduce existing environmental problems or hazards.
Significant and Unavoidable Impacts
The project would result in five significant and unavoidable (Class I) impacts. Issue areas with Class I
impacts include aesthetics (visual character and cumulative visual character), cultural resources
(historic resources and cumulative historic resources), and noise (construction noise) as summarized
in Table 2.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
6
Table 2 Class I, Significant and Unavoidable Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-2. The project would
permanently alter the existing visual
character of the site because it
would introduce new structures
that are substantially different in
terms of size, scale, and massing.
This impact is Class I, significant and
unavoidable.
As discussed in the impact analysis and described in
the project description, the project includes various
features that are intended to mitigate visual impacts.
No additional mitigation measures are feasible.
The project design
features would reduce
visual impacts to the
extent feasible;
however, due to the
size, scale, and massing
of the project, impacts
related to a change in
visual character would
remain significant and
unavoidable.
Cumulative Aesthetics Impact. The
project would result in a significant
and unavoidable impact associated
with change in visual character due
to the increase in size, scale, and
massing of the project. This
combined with other cumulative
development in the area would
increase the intensity of
development in the area and
permanently alter the visual
character. Therefore, the project
would result in a Class I, significant
and unavoidable, cumulative impact.
As discussed in the impact analysis and described in
the project description, the project includes various
features that are intended to mitigate visual impacts.
No additional mitigation measures are feasible to
address cumulative impacts.
The project features
would reduce the
project’s visual
impacts to the extent
feasible; however,
impacts to change in
visual character would
be cumulatively
considerable.
Cultural and Tribal Cultural Resources
Impact CR-1. Construction of the
project would result in demolition
of two structures on the project site
that are historic resources, and
adversely affect the Downtown
Historic District. This would cause a
substantial adverse change in the
significance of historic resources as
defined in CEQA Guidelines
§15064.5. This impact is Class I,
significant and unavoidable.
CR-1 Historical Building Documentation Packages.
Impacts to historical resources shall be minimized
through the preparation of archival historic building
documentation packages for both 610 and 614
Monterey Street. Prior to issuance of demolition
permits, the City of San Luis Obispo shall ensure that
documentation of both properties is completed in the
form of a Historic American Building Survey (HABS)-Like
documentation that shall comply with the Secretary of
the Interior’s Standards for Architectural and
Engineering Documentation (NPS 1990). The
documentation shall generally follow the HABS Level III
requirements and include high-quality digital
photographic recordation of the buildings and their
overall setting, detailed historic narrative report, and
compilation of historic research. The documentation
shall be completed by a qualified architectural historian
or historian who meets the Secretary of the Interior’s
Professional Qualification Standards for History and/or
Architectural History (NPS 1983). Individual archival
documentation packages shall be completed both
properties and offered as donated material to the San
Luis Obispo Library and the History Center of San Luis
Obispo County, where it would be available to local
researchers. Completion of this mitigation measure
shall be monitored and enforced by the lead agency.
Implementation of
Mitigation Measure
CR-1 would reduce
impacts to historical
resources to the
greatest extent
possible; however,
this measure would
not eliminate the
permanent impacts to
the identified historic
resources, and no
other feasible
mitigation measures
are available.
Therefore, the project
would result in a
significant and
unavoidable impact to
historic resources.
Executive Summary
Final Environmental Impact Report 7
Impact Mitigation Measures Residual Impact
Cumulative Cultural Resources
Impact. The project would result in
a significant and unavoidable
impact associated with the removal
of historic structures that
contribute to the Downtown
Historic District. As such, the project
would contribute to the cumulative
loss of historic resources in the City.
This would be a Class I, significant
and unavoidable, cumulative impact
to historical resources.
No additional mitigation is available to address
cumulative cultural resources impacts.
Implementation of
Mitigation Measure
CR-1 would reduce
this impact to the
greatest extent
possible; however,
cumulative cultural
resources impacts
would remain
significant and
unavoidable.
Noise
Impact N-1. Short-term
construction activity would
temporarily generate noise that
would exceed City noise thresholds.
Mitigation is available to reduce
temporary construction noise, but
would not be sufficient to reduce
impacts to less than the applicable
thresholds. This impact is Class I,
significant and unavoidable.
N-1(a) Construction Vehicle Travel Route.
Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and
sensitive receptors where possible. The applicant shall
submit a proposed construction vehicle and hauling
route for City review and approval prior to
grading/building permit issuance. The approved
construction vehicle and hauling route shall be used
for all construction vehicles and hauling trips during
the duration of construction.
N-1(b) Construction Activity Timing. Except for
emergency repair of public service utilities or where
an exception is issued by the Community
Development Department, no operation of tools or
equipment used in construction, drilling, repair,
alteration, or demolition work shall occur daily
between the hours of 7:00 PM and 7:00 AM, or
anytime on Sundays, holidays, or after sunset, where
that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA
for multi-family residential, and 85 dBA for mixed
residential/commercial land uses across a residential
or commercial property line for a maximum of 10
days. For construction activities lasting more than 10
days, noise from construction equipment shall not
exceed 60 dBA for single family residential, 65 dBA for
multi-family residential, and 70 dBA for mixed
residential/commercial land uses across a residential
or commercial property line.
Mitigation Measures
N-1(a) through N-1(d)
would require
implementation of
noise reduction
devices and
techniques during
construction, and
would reduce noise
associated with on-
and offsite
construction activity
to the maximum
extent feasible.
However, temporary
noise impacts
associated with onsite
and offsite
construction activity
would be significant
and unavoidable.
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the
project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in
accordance with the City of San Luis Obispo Municipal
Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
Sound blankets on noise-generating equipment
Stationary construction equipment that generates
noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that
meet a sound transmission class (a rating of how
well noise barriers attenuate sound) of 25
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All diesel equipment shall be operated with closed
engine doors and shall be equipped with factory-
recommended mufflers
For stationary equipment, the applicant shall
designate equipment areas with appropriate
acoustic shielding on building and grading plans.
Equipment and shielding shall be installed prior to
construction and remain in the designated location
throughout construction activities
Electrical power shall be used to power air
compressors and similar power tools
The movement of construction-related vehicles,
with the exception of passenger vehicles, along
roadways adjacent to sensitive receptors shall be
limited to the hours between 7:00 AM and 7:00
PM, Monday through Saturday and no movement
of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day)
Temporary sound barriers shall be constructed
between construction sites and affected uses
N-1(d) Neighborhood Property Owner Notification
and Construction Noise Complaints. The contractor
shall inform residents and business operators at
properties within 300 feet of the project site of
proposed construction timelines and noise complaint
procedures to minimize potential annoyance related
to construction noise. Proof of mailing the notices
shall be provided to the Community Development
Department before the City issues a zoning clearance.
Signs shall be in place before beginning of and
throughout grading and construction activities. Noise-
related complaints shall be directed to the City’s
Community Development Department.
Executive Summary
Final Environmental Impact Report 9
Table 3 Class II, Significant but Mitigable Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-3. Implementation of
the project would result in an
increase in nighttime lighting and
daytime glare at the project
site; however, with mitigation,
this increase would not adversely
affect day or nighttime views in
the area. This impact would be
Class II, significant but mitigable.
AES-3(a) Lighting Plan. Prior to issuance of building
permits, the applicant shall prepare and submit a
comprehensive lighting plan for Architectural Review
Committee review and approval. The lighting plan shall be
consistent with the Municipal Code Night Sky Ordinance,
and prepared using guidance and best practices endorsed
by the International Dark Sky Association. The lighting
plan shall address all aspects of the lighting, including but
not limited to all buildings, infrastructure, driveways,
paths, plazas, safety, and signage. The lighting plan must
include identification of all types, sizes, and intensities of
wall mounted building lights and landscape accent
lighting, and a photometric map must be provided. The
lighting plan shall include the following:
a. The point source of all exterior lighting shall be
shielded from offsite views
b. Light trespass from exterior lights shall be minimized
by directing light downward and utilizing cut-off
fixtures or shields
c. Lumination from exterior lights shall be the lowest
level allowed by public safety standards
d. Exterior lighting shall be designed to not focus
illumination onto exterior walls
e. Any signage visible from offsite shall not be internally
laminated
AES-3(b) Glare Reduction. To minimize impacts on
residential development in proximity to the project site,
roof and building materials shall be non-reflective, and
shall be muted in hues consistent with standards in the
Community Design Guidelines, Section 6.1-C.
Implementation of
Mitigation Measures
AES-3(a) and AES-3(b)
would reduce impacts
associated with light
and glare to a less than
significant level.
Cultural and Tribal Cultural Resources
Impact CR-2. Construction of the
project would result in ground
disturbance that could cause a
substantial adverse change in the
significance of an archaeological
resource as defined in CEQA
Guidelines 15064. This impact
would be Class II, significant but
mitigable.
CR-2(a) Retain a Qualified Principal Investigator. A
qualified principal investigator, defined as an
archaeologist who meets the Secretary of the Interior’s
Standards for professional archaeology (hereafter
qualified archaeologist), shall be retained to carry out all
mitigation measures related to archaeological resources.
CR-2(b) City of San Luis Obispo Consolidated Approach
for Archaeological Investigations. Mitigation of
archaeological resources within the project area shall
follow the Consolidated Approach as outlined in the City
of San Luis Obispo Archaeological Resource Preservation
Program Guidelines. The Consolidated Approach shall
include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist
and submitted for written approval to the City’s
Community Development Director (Director), which shall
include but not be limited to the research design,
laboratory and field methods, public interpretation, and
location of curation; (2) monitoring of demolition and
Implementation of
Mitigation Measures
CR-2(a) through CR-2(d)
would reduce impacts
to archaeological
resources to a less than
significant level.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Impact Mitigation Measures Residual Impact
clearing of pavement within the project area; (3) fieldwork
after the removal of pavement consisting of a Phase I
inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains,
evaluating their significance and integrity, and mitigating
impacts through data recovery excavation; (4) the
completion of special studies, such as faunal analysis, if
appropriate, and the curation of recovered artifacts; and
(5) the completion of a technical report documenting the
results of the consolidated approach prepared in
accordance with current professional standards and
submitted to the Director.
CR-2(c) Archaeological Monitoring. An archaeological
monitor shall be present for all project-related ground-
disturbing construction activities. The monitor(s) shall be
onsite on a full-time basis during earthmoving activities,
including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the
qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions.
CR-2(d) Unanticipated Discovery of Archaeological
Resources. In the event that cultural resources are
encountered during the implementation of mitigation
measures CR-2b or CR-2c, all work shall be halted in the
vicinity of the discovery until a qualified archaeologist can
assess the significance of the resource. If the resources
are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s
direction and the testing plan outlined under MM CR-2b.
Mitigation may involve preservation in place or
documentation and excavation of the resource. A report
by the archaeologist evaluating the find and identifying
mitigation actions taken shall be submitted to the City.
Impact CR-3. Construction of the
project would result in ground
disturbance that could indirectly
or directly destroy a unique
paleontological resource. This
impact would be Class II,
significant but mitigable.
CR-3(a) Qualified Project Paleontologist. A qualified
project paleontologist, defined as a paleontologist who
meets the standards of the SVP (2010), shall be retained
to carry out all mitigation measures related to
paleontological resources.
CR-3(b) Worker Environmental Awareness Program
(WEAP). Prior to the start of construction, the project
paleontologist or his or her designee shall conduct
training for construction personnel regarding the
appearance of fossils and the procedures for notifying
paleontological staff should fossils be discovered by
construction staff. The WEAP shall be fulfilled at the time
of a preconstruction meeting at which a qualified
paleontologist shall attend.
CR-3(c) Paleontological Monitoring. Ground-disturbing
construction activities (including grading, trenching,
foundation work, and other excavations) in previously
undisturbed sediments that exceed 10 feet in depth shall
be monitored on a full-time basis during initial ground
disturbance. Monitoring shall be conducted by a qualified
paleontological monitor, who is defined as an individual
who has experience with collection and salvage of
paleontological resources and meets the minimum
Implementation of
Mitigation Measures
CR-3(a) through CR-3(d)
would reduce impacts
to paleontological
resources to a less than
significant level.
Executive Summary
Final Environmental Impact Report 11
Impact Mitigation Measures Residual Impact
standards of the SVP (2010). The duration and timing of
the monitoring will be determined by the project
paleontologist and the location and extent of proposed
ground disturbance. If the project paleontologist
determines that full-time monitoring is no longer
warranted, based on the specific geologic conditions at
the surface or at depth, the project paleontologist may
recommend that monitoring be reduced to periodic spot-
checking or cease entirely. Monitoring is not necessary in
artificial fill or for activities that do not reach 10 feet in
depth.
CR-3(d) Fossil Discoveries. In the event of a fossil
discovery by the paleontological monitor or construction
personnel, all work in the immediate vicinity of the find
shall cease. The project paleontologist shall evaluate the
find before restarting construction activity in the area. If it
is determined that the fossil(s) is (are) scientifically
significant, the project paleontologist shall complete the
following conditions to mitigate impacts to significant
fossil resources:
1) Salvage of Fossils. The project paleontologist (or
paleontological monitor) shall recover significant fossils
following standard field procedures for collecting
paleontological resources, as described by the SVP (2010).
Typically, fossils can be safely salvaged quickly by a single
paleontologist and not disrupt construction activity. In
some cases, larger fossils (such as complete skeletons or
large mammal fossils) require more extensive excavation
and longer salvage periods. In this case the paleontologist
shall have the authority to temporarily direct, divert or
halt construction activity to ensure that the fossil(s) can
be removed in a safe and timely manner.
2) Preparation and Curation of Recovered Fossils. Once
salvaged, significant fossils shall be identified to the
lowest possible taxonomic level, prepared to a curation-
ready condition, and curated in a scientific institution with
a permanent paleontological collection (such as the
University of California Museum of Paleontology), along
with all pertinent field notes, photos, data, and maps.
Fossils of undetermined significance at the time of
collection may also warrant curation at the discretion of
the project paleontologist.
Impact CR-5. Ground-disturbing
activities associated with
construction of the project have
the potential to disturb
unidentified human remains. This
impact would be Class II,
significant but mitigable.
Compliance with existing regulations and Mitigation
Measure CR-2(d) would ensure that impacts to human
remains and burial grounds would remain less than
significant.
Implementation of
Mitigation Measure CR-
2(d) would reduce this
impact to a less than
significant level.
Cumulative Noise Impact.
Construction of the proposed
project could overlap with the
construction of other projects in
the vicinity (Monterey Place and
the Vesper Hotel at the
N-4 Coordination of Construction Timing. Prior to the
issuance of grading permits, the City of San Luis Obispo
shall review and coordinate the construction schedules of
any other projects within 300 feet of the project to ensure
that construction schedules do not overlap.
Implementation of
Mitigation Measure N-4
would avoid additional
cumulative
construction noise
impacts and reduce
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Impact Mitigation Measures Residual Impact
Creamery) which would result in
a significant cumulative impact.
The project’s incremental
contribution would be
cumulatively considerable.
cumulative impacts to a
less than significant
level.
Transportation
Impact T-3. Implementation of
the project would result in
pedestrian access impacts due to
the difficulty of crossing Nipomo
Street at an uncontrolled
location. This impact would be
Class II, significant but mitigable.
T-3 Pedestrian Access. Subject to approval of the Public
Works Director, the City shall incorporate improvements
to the intersections of Dana Street/Nipomo Street and
Monterey Street/Nipomo Street to enhance pedestrian
safety and accessibility. The improvements shall be
consistent with the City’s Circulation Element and
Downtown Physical Concept Plan (2017) and shall balance
the needs of each mode of use. At a minimum the project
should consider:
High visibility crosswalk, or other intersection
enhancements, with directional curb ramps across
Nipomo Street from the northwest corner of Dana
Street/Nipomo Street to the southwest corner of the
parking structure.
High visibility crosswalk, or other intersection
enhancements, with directional curb ramps from the
southeast corner of Monterey Street/Nipomo Street
across Nipomo Street.
Standard crosswalks, or other intersection
enhancements, with directional curb ramps across
Monterey Street and Dana Street where they intersect
with Nipomo Street.
Reduce the curb radii on the southwest corner of Dana
Street/Nipomo Street and the northeast corner of
Monterey Street/Nipomo Street.
Implementation of
Mitigation Measure T-3
would reduce this
impact to a less than
significant level.
Cumulative Traffic Impact. Under
Cumulative plus Project
conditions, one study
intersection (the project driveway
at Nipomo Street) would operate
at an unacceptable level of
service for pedestrians during the
evening peak hour. This impact
would be Class II, significant but
mitigable.
Mitigation Measure T-3 would be required. Implementation of
Mitigation Measure T-3
would reduce impacts
to a less than significant
level.
Air Quality (from Initial Study)
Construction of the project would
generate temporary increases in
localized air pollutant emissions
(fugitive dust, ozone precursors,
and diesel particulate matter
emissions) within 1,000 of
sensitive receptors. In addition
the South Coast Air Basin is in
non-attainment for SCCAB is in
non-attainment for PM10. This
impact would be Class II,
significant but mitigable.
AQ-1 Fugitive Dust Control Measures. Construction
projects shall implement the following dust control
measures so as to reduce PM10 emissions in accordance
with San Luis Obispo Air Pollution Control District
(SLOAPCD) requirements.
Reduce the amount of the disturbed area where
possible
Water trucks or sprinkler systems shall be used during
construction in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water shall
Implementation of
Mitigation Measures
AQ-1 and AQ-2(a)
through AQ-2(c) would
reduce impacts to a less
than significant level.
Executive Summary
Final Environmental Impact Report 13
Impact Mitigation Measures Residual Impact
be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the
approved project revegetation and landscape plans
shall be implemented as soon as possible following
completion of any soil disturbing activities
Exposed ground areas that are planned to be
reworked at dates greater than one month after initial
grading shall be sown with a fast germinating, non-
invasive grass seed and watered until vegetation is
established
All disturbed soil areas not subject to revegetation
shall be stabilized using approved chemical soil
binders, jute netting, or other methods approved in
advance by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not
exceed 15 miles per hour (mph) on any unpaved
surface at the construction site
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site
Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible
All of these fugitive dust mitigation measures shall be
shown on grading and building plans
The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD Compliance
Division prior to the start of any grading, earthwork, or
demolition.
AQ-2(a) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation
measures shall be implemented during construction
activities at the project site:
Maintain all construction equipment in proper tune
according to manufacturer’s specifications
Fuel all off-road and portable diesel powered
equipment with ARB certified motor vehicle diesel fuel
City of San Luis Obispo
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Impact Mitigation Measures Residual Impact
(non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2
certified engines or cleaner off-road heavy-duty diesel
engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
heavy-duty diesel engines, and comply with the State
On-Road Regulation
Construction or trucking companies with fleets that do
not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by
proving alternative compliance
All on- and off-road diesel equipment shall not idle for
more than 5 minutes. Signs shall be posted in the
designated queuing areas and or job sites to remind
drivers and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is
not permitted
Staging and queuing areas shall not be located within
1,000 feet of sensitive receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-
powered equipment, where feasible
Use alternatively fueled construction equipment
onsite where feasible, such as compressed natural gas,
liquefied natural gas, propane or biodiesel
AQ-2(b) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-
fueled construction equipment shall be implemented
during construction activities at the project site, where
feasible:
Further reduce emissions by expanding use of Tier 3
and Tier 4 off-road and 2010 on-road compliant
engines where feasible
Repower equipment with the cleanest engines
available
Install California Verified Diesel Emission Control
Strategies, such as level 2 diesel particulate filters
(these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
AQ-2(c) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no
VOC-emission paint shall be used with levels of 50 g/L or
less.
Biological Resources (from Initial Study)
Construction of the project would
involve general construction
activity and tree removal that
may affect protected nesting
birds. Impacts to migratory bird
species would be potentially
significant unless mitigation is
BIO-1 Nesting Bird Protection. To avoid disturbance of
nesting and special-status birds, activities related to the
project, including, but not limited to, vegetation removal,
ground disturbance, and construction and demolition shall
occur outside of the bird breeding season (typically
February through August in the project region). If
construction must begin within the breeding season, then
Implementation of
Mitigation Measure
BIO-1 would reduce
impacts to a less than
significant level.
Executive Summary
Final Environmental Impact Report 15
Impact Mitigation Measures Residual Impact
incorporated. a pre-construction nesting bird survey shall be conducted
no more than 3 days prior to initiation of ground
disturbance and vegetation removal activities. The nesting
bird pre-construction survey shall be conducted within the
Project Boundary, including a 300-foot buffer (500-foot
for raptors), on foot, and within inaccessible areas (i.e.,
private lands) afar using binoculars to the extent practical.
The survey shall be conducted by a biologist familiar with
the identification of avian species known to occur in the
area. If nests are found, an avoidance buffer (which is
dependent upon the species, the proposed work activity,
and existing disturbances associated with land uses
outside of the site) shall be determined and demarcated
by the biologist with bright orange construction fencing,
flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as
to the existence of the buffer zone and to avoid entering
the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the
avian biologist has confirmed that breeding/nesting is
completed and the young have fledged the nest.
Encroachment into the buffer shall occur only at the
discretion of the qualified biologist.
Geology and Soils (from Initial Study)
Implementation of the project
would occur on soils that have
moderate to high expansion
potential. This impact would be
potentially significant unless
mitigation is incorporated.
GEO-1 Minimization of Expansive Soil Hazards. Once the
final maximum loads of the project have been determined,
a design-level geotechnical report shall be prepared that
identifies the most appropriate geotechnical improvements
to onsite soils, the foundation, and parking structure to
minimize expansive soil hazards. Recommendations could
include, but are not limited to the following:
Use imported non-expansive materials combined with
pre-moistening of the soils to provide protection for
slabs and flatwork
Provide a layer of non-expansive material 18 to 24
inches thick
Use post-tensioned slabs-on-grade
Implement shoring methods, such as shotcrete-faced
soil nail walls, tangent drilled caissons, whaler-braced
retaining walls, and steel I-beam and lagging walls
Use over-excavation and recompaction
Utilize a deep foundation system, such as caissons or
rammed aggregate piers
A certified soils engineer shall be retained for monitoring
during construction of the project. The certified soils
engineer shall also provide any necessary soil testing
during construction, to ensure compliance with the
design-level geotechnical report, and to provide site-
specific guidance as subsurface materials are
encountered.
Implementation of
Mitigation Measure
GEO-1 would reduce
impacts to a less than
significant level.
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Hazardous Materials (from Initial Study)
Construction of the project would
require excavation and removal
of existing fill, which has the
potential to be contaminated.
Therefore, construction activities
could expose workers to
contaminated soil onsite. This
impact would be potentially
significant unless mitigation is
incorporated.
HAZ-1 Hazardous Materials Soil Sampling and
Remediation. Prior to issuance of grading permits,
additional soil samples testing for total petroleum
hydrocarbons shall be performed. A work plan shall be
completed to address the sampling protocols to be
followed, as well as the number of samples to be taken
and the chemical analysis required. Upon City of San Luis
Obispo approval, the work plan shall be implemented and
the results of the soil sampling shall be forwarded to the
City of San Luis Obispo. The City shall review the data to
determine if any additional investigation or remedial
activities are deemed necessary. No work shall resume in
that area until the lead local regulatory agency has
provided written authorization that the area does not
warrant any additional action.
If concentrations of contaminants warrant remediation,
contaminated materials shall be remediated either prior to
or concurrent with construction. Remediation shall
generally include a management plan which establishes
design and implementation of remediation. Cleanup may
include excavation, disposal, bio-remediation, or any other
treatment of conditions subject to regulatory action. All
necessary reports, regulations and permits shall be
followed to achieve cleanup of the site. The contaminated
materials shall be remediated under the supervision of an
environmental consultant licensed to oversee such
remediation and under the direction of the lead oversight
agency. The remediation program shall also be approved by
the San Luis Obispo Fire Department. All proper waste
handling and disposal procedures shall be followed. Upon
completion of the remediation, the environmental
consultant shall prepare a report summarizing the project,
the remediation approach implemented, and the analytical
results after completion of the remediation, including all
waste disposal or treatment manifests.
Implementation of
Mitigation Measure
HAZ-1 would reduce
impacts to a less than
significant level
Transportation (from Initial Study)
Construction of the project would
result in short term construction
traffic, construction parking, and
modifications to existing
pedestrian, bicycle, and transit
circulation during the
construction period. This impact
would be potentially significant
unless mitigation is incorporated.
T-1 Construction Management Plan. Prior to the issuance
of each building permit, the construction contractor shall
meet with the Public Works department to determine
traffic management strategies to reduce, to the maximum
extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this
project. The construction contractor will develop a
construction management plan for review and approval by
the Public Works department. The plan shall include at least
the following items and requirements:
A set of comprehensive traffic control measures,
including scheduling of major truck trips and deliveries
to avoid peak traffic and pedestrian hours, detour
signs if required, lane closure procedures, sidewalk
closure procedures, signs, cones for drivers, and
designated construction access routes.
Notification procedures for adjacent property owners
and public safety personnel regarding when major
Implementation of
Mitigation Measure T-1
would reduce impacts
to a less than significant
level.
Executive Summary
Final Environmental Impact Report 17
Impact Mitigation Measures Residual Impact
deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials,
equipment, and vehicles (must be located on the
project site).
Identification of haul routes for movement of
construction vehicles that would minimize impacts on
vehicular and pedestrian traffic, circulation and safety;
and provision for monitoring surface streets used for
haul routes so that any damage and debris
attributable to the haul trucks can be identified and
corrected by the project applicant.
Temporary construction fences to contain debris and
material and to secure the site.
Provisions for removal of trash generated by project
construction activity.
A process for responding to and tracking complaints
pertaining to construction activity.
Provisions for monitoring surface streets used for
truck routes so that any damage and debris
attributable to the trucks can be identified and
corrected.
It is anticipated that this Construction Traffic
Management Plan would be developed in the context
of a larger Construction Management Plan, which
would address other issues such as hours of
construction onsite, limitations on noise and dust
emissions, and other applicable items.
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Table 4 Class III, Less than Significant Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-1. The project would not have a
substantial adverse impact on a scenic vista
because it is not located in a city-designated
scenic vista. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Cultural and Tribal Cultural Resources
Impact CR-4. No Tribal Cultural Resources were
identified within the project site, but area is
generally considered sensitive for cultural
resources. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Noise
Impact N-2. Short term construction activities
would generate intermittent levels of
groundborne vibration that would be perceptible,
but would not exceed applicable thresholds. This
impact would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Impact N-3. The project would generate
operational noise from project-generated traffic
and new commercial and parking uses. Noise
from the project would not exceed acceptable
noise levels at existing off -site sensitive
receptors. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Cumulative Noise Impact. Under Cumulative Plus
Project Conditions, noise levels would not exceed
thresholds. Impacts would not be significant or
cumulatively considerable.
No mitigation measures are required. Less than Significant
Transportation
Impact T-1. Under Existing Plus Project
conditions, all intersections and segments would
operate at acceptable levels of service for
vehicles, pedestrians, bicycles, and transit. These
impacts would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Impact T-2. The project would not add roadway
capacity that would induce travel and would not
generate new travel demand as a land use. In
addition, the City actively manages parking
demand and encourages non-auto modes of travel.
Therefore, the project would have a negligible
impact on vehicle miles traveled (VMT). This
impact would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Cumulative Traffic Impact. Under Cumulative
plus Project conditions, all study intersections
and segments would operate at acceptable levels
of service for vehicles, and all segments would
operate at acceptable levels of service for
bicycles and transit. These impacts would be
Class III, less than significant.
No mitigation measures are required. Less than Significant
Introduction
Final Environmental Impact Report 19
1 Introduction
This document is an Environmental Impact Report (EIR) that examines the potential effects of
constructing the Palm-Nipomo Project on a 1.38-acre site in the City of San Luis Obispo, California.
The project is described in detail in Section 2.0, Project Description. This chapter describes: (1) the
background of the EIR; (2) the purpose of and legal authority for the EIR; (3) the scope and content
of the EIR; (4) lead, responsible and trustee agencies; and (5) the environmental review process
required under the California Environmental Quality Act (CEQA).
1.1 Environmental Impact Report Background
The City of San Luis Obispo prepared an Initial Study and circulated a Notice of Preparation (NOP) of
this EIR for a 30-day agency and public review period starting on May 1, 2017. The Initial Study
serves as the scoping document for this EIR. The Initial Study determined that the proposed project
required the preparation of an EIR to further evaluate potential impacts related to the following
environmental issue areas: aesthetics, cultural resources, noise, and transportation. The City
received two letters in response to the NOP. The Initial Study, NOP, and NOP comment letters are
presented in Appendix A to this EIR. An EIR scoping meeting was also held on May 10, 2017, in the
City Council Chamber, and comments on the scope of the EIR were received from private citizens
and the Planning Commissioners.
Key issues of concern that were noted in the NOP responses and voiced at the EIR scoping meeting
included the following:
Impacts on views of Cerro San Luis Obispo
Size and scale of the project and its aesthetic compatibility with the historical character or
surrounding development
Impacts to historical resources, including the adobe on the project site
Impacts to tribal cultural resources
Increase in operational noise and its impact on sensitive receptors
Vehicle trips generated by project
Pedestrian-vehicle conflicts; pedestrian safety crossing Nipomo Street
Induced travel
Sources of greenhouse gas emissions
Alternatives to the project
1.2 Purpose and Legal Authority
This EIR has been prepared in accordance with CEQA and the CEQA Guidelines. In accordance with
Section 15121(a) of the CEQA Guidelines, the purpose of this EIR is to serve as an informational
document that:
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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“will inform public agency decision-makers and the public generally of the significant
environmental effects of a project, identify possible ways to minimize the significant effects, and
describe reasonable alternatives to the project”
This report serves as an informational document for the public and the City of San Luis Obispo
decision-makers. The proposed project requires discretionary approval from the City and, therefore,
is subject to CEQA’s environmental review requirements. The process will culminate with Planning
Commission and City Council hearings to consider certification of a Final EIR and make a decision
whether to approve the proposed project, possibly with conditions of approval, or with
modifications to the project.
1.3 Scope and Content
This EIR addresses the issues determined to be potentially significant in the Initial Study, and based
on responses to the NOP and scoping discussions among the public, consulting staff, and the City.
The environmental issues addressed in impact sections in this EIR include:
Aesthetics
Cultural Resources
Noise
Transportation
All other impacts were addressed in the Initial Study and the associated technical studies prepared
as part of the project application and are summarized in Section 5.0, Issues Addressed in the Initial
Study.
The impact analysis contained in Section 4.0 includes a description of the physical and regulatory
setting, followed by an analysis of the proposed project’s impacts in that area. Each potential impact
is numbered separately, followed by an explanation of how the level of impact was determined.
When appropriate, the EIR identifies feasible mitigation measures. Following the mitigation
measures are a discussion of any residual impacts or secondary impacts.
The alternatives section of the EIR (Section 7.0) was prepared in accordance with Section 15126.6 of
the CEQA Guidelines that requires an EIR to examine a reasonable range of alternatives capable of
avoiding or minimizing a project’s significant effects while achieving most of the basic project
objectives. The alternatives discussion evaluates the CEQA-required “no project” alternative and
three alternative development scenarios for the site. It also identifies the environmentally superior
alternative among the alternatives assessed.
In preparing the EIR, use was made of pertinent City policies and guidelines, existing EIRs and
background documents prepared by the City, and documents that guide land use in the city. A full
reference list is contained in Section 8.0, References, of this EIR.
The level of detail contained throughout this EIR is consistent with the requirements of CEQA and
applicable court decisions. The State CEQA Guidelines provide the standard of adequacy on which
this document is based. The Guidelines state:
“An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with
information which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of the proposed
project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is
reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR
Introduction
Final Environmental Impact Report 21
should summarize the main points of disagreement among the experts. The courts have looked
not for perfection, but for adequacy, completeness, and a good faith effort at full disclosure
(Section 15151).”
1.4 Lead, Responsible, and Trustee Agencies
The State CEQA Guidelines define “lead,” “responsible” and “trustee” agencies. The City of San Luis
Obispo is the lead agency for the project because it has the principal responsibility for approving the
project.
A “responsible agency” refers to a public agency other than the lead agency that has discretionary
approval over the project. The Regional Water Quality Control Board is a Responsible Agency
because the proposed project would require a National Pollutant Discharge Elimination System
Permit.
A “trustee agency” refers to a state agency having jurisdiction by law over natural resources
affected by a project. There are no trustee agencies with jurisdiction on the site.
1.5 Environmental Review Process
The environmental review process required under CEQA is summarized below and shown in Figure
1. The steps appear in sequential order.
1. Notice of Preparation (NOP) Distributed. Immediately after deciding that an EIR is required, the
lead agency must file a NOP soliciting input on the EIR scope to "responsible," "trustee," and
involved federal agencies; to the State Clearinghouse, if one or more state agencies is a
responsible or trustee agency; and to parties previously requesting notice in writing. The NOP
must be posted in the County Clerk's office for 30 days. A scoping meeting to solicit public input
on the issues to be assessed in the EIR is not required, but may be conducted by the lead
agency.
2. Draft EIR Prepared. The Draft EIR must contain: a) table of contents or index; b) summary; c)
project description; d) environmental setting; e) significant impacts (direct, indirect, cumulative,
growth-inducing and unavoidable impacts); f) alternatives; g) mitigation measures; and h)
irreversible changes.
3. Public Notice and Review. A lead agency must prepare a Public Notice of Availability of an EIR.
The Notice must be placed in the County Clerk's office for 30 days (Public Resources Code
Section 21092) and sent to anyone requesting it. Additionally, public notice of Draft EIR
availability must be given through at least one of the following procedures: a) publication in a
newspaper of general circulation; b) posting on and off the project site; and c) direct mailing to
owners and occupants of contiguous properties. The lead agency must consult with and request
comments on the Draft EIR from responsible and trustee agencies, and adjacent cities and
counties. The minimum public review period for a Draft EIR is 30 days. When a Draft EIR is sent
to the State Clearinghouse for review, the public review period must be 45 days, unless a
shorter period is approved by the Clearinghouse (Public Resources Code 21091). Distribution of
the Draft EIR may be required through the State Clearinghouse.
4. Notice of Completion. A lead agency must file a Notice of Completion with the State
Clearinghouse as soon as it completes a Draft EIR.
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5. Final EIR. A Final EIR must include a) the Draft EIR; b) copies of comments received during public
review; c) list of persons and entities commenting; and d) responses to comments.
6. Certification of Final EIR. The lead agency shall certify: a) the Final EIR has been completed in
compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead
agency; and c) the decision-making body reviewed and considered the information in the Final
EIR prior to approving a project.
7. Lead Agency Project Decision. A lead agency may: a) disapprove a project because of its
significant environmental effects; b) require changes to a project to reduce or avoid significant
environmental effects; or c) approve a project despite its significant environmental effects, if
the proper findings and statement of overriding considerations are adopted.
8. Findings/Statement of Overriding Considerations. For each significant impact of the project
identified in the EIR, the lead or responsible agency must find, based on substantial evidence,
that either: a) the project has been changed to avoid or substantially reduce the magnitude of
the impact; b) changes to the project are within another agency's jurisdiction and such changes
have or should be adopted; or c) specific economic, social, or other considerations make the
mitigation measures or project alternatives infeasible. If an agency approves a project with
unavoidable significant environmental effects, it must prepare a written Statement of
Overriding Considerations that set forth the specific social, economic or other reasons
supporting the agency's decision.
9. Mitigation Monitoring/Reporting Program. When an agency makes findings on significant
effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation
measures that were adopted or made conditions of project approval to mitigate significant
effects.
10. Notice of Determination. An agency must file a Notice of Determination after deciding to
approve a project for which an EIR is prepared. A local agency must file the Notice with the
County Clerk. The Notice must be posted for 30 days and sent to anyone previously requesting
notice. Posting of the Notice starts a 30-day statute of limitations on CEQA challenges.
Introduction
Final Environmental Impact Report 23
Figure 1 Environmental Review Process
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Project Description
Final Environmental Impact Report 25
2 Project Description
This section describes the proposed project, including the project applicant, the project site and
surrounding land uses, major project characteristics, project objectives, and discretionary actions
needed for approval.
2.1 Project Applicant
City of San Luis Obispo
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
2.2 Lead Agency Contact Person
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Contact: Scott Lee, Parking Manager
2.3 Project Location
The project site is a 1.38-acre property located in San Luis Obispo, California. Figure 2 shows the
regional location of the project. The site lies in the City’s Downtown Planning Area, adjacent to the
Downtown Core. The majority of the site (except for APN 002-412-003) is also located in the City’s
Downtown Historic District. Figure 3 shows the location of the project in the context of these
planning areas. The project site located at the intersections of Palm and Nipomo streets and
Nipomo and Monterey streets (609, 610, 614, 630, 633 Palm Street and 970, 972 Nipomo Street).
The property consists of six parcels, including Assessor’s Parcel Numbers (APN) 002-412-001, 002-
412-002, 002-412-003, 002-412-004, 002-412-011, and 002-412-012 (Figure 4).
2.4 Existing Site Characteristics
This section describes the current characteristics of the project site. Additional details of the current
setting at the site and surrounding locations can be found in Section 3.0, Environmental Setting, as
well as in the individual issue area discussions in Section 4.0, Environmental Impact Analysis.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Figure 2 Regional Location
Project Description
Final Environmental Impact Report 27
Figure 3 Project Planning Area
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Figure 4 Project Site Location and Surrounding Uses
Project Description
Final Environmental Impact Report 29
Setting 2.4.1
As shown in Figure 3, the project site is located within the City’s Downtown Planning Area, adjacent
to the City’s Downtown Core. The majority of the site (except for APN 002-412-003) is also located
in the City’s Downtown Historic District. As such, the existing setting is urban and characterized by a
wide variety of uses. The project site has been previously graded and developed and is surrounded
by roads and urban structures. A 77-space surface parking lot, one detached garage, and four
residential structures with five residences (three single-family residences and one secondary unit
adjacent to Palm Street with two apartments) currently occupy the site. Two of the residential units,
610 and 614 Monterey Street, are on the City’s List of Contributing Historic Resources, which
identifies structures that contribute to the significance of designated historic districts. The existing
parking lot provides public parking in metered stalls owned and operated by the City of San Luis
Obispo. Ingress and egress to the lot is available from an at-grade driveway on Palm Street.
Elevations onsite range from 190 and 206 feet above mean sea level, and slopes are generally
toward the northwest. Mature trees are scattered throughout the site and located on surrounding
public sidewalks on Nipomo and Palm Streets. One of the trees on the site is a large oak tree along
Monterey Street, which has the potential to be recognized as a “significant tree” by the City Council
Tree Committee. The project site also includes several landscaped planting medians and areas.
Partial views of Cerro San Luis are available from the central portion of the site.
Current Land Use Designation and Zoning 2.4.2
The project site is composed of six parcels. Five of the parcels are currently zoned Office with a
Historic Overlay (O-H), as defined by the City’s Zoning Ordinance, and have Office General Plan land
use designations (APN 002-412-001, 002-412-002, 002-412-004, 002-412-011, and 002-412-012).
These five parcels are located in the City’s Downtown Historic District. One parcel is zoned Medium-
High Density Residential (R-3) and has a Medium-High Density Residential General Plan land use
designation (APN 002-412-003).
Surrounding Land Uses 2.4.3
The area surrounding the site is urbanized. The existing uses surrounding the site are shown in
Figure 4, and include the following:
West. Existing development across Nipomo Street includes the Reis Family Mortuary &
Crematory with surface parking lot and a residential complex comprised of multiple buildings.
The area comprising the mortuary has a land use designation of Office and is zoned Office with a
Historic Overlay (O-H), while the residential complex has a land use designation of Medium-High
Density Residential and is zoned Medium-High Density Residential (R-3).
South. South of the site is the San Luis Obispo Children’s Museum and two residences
designated as City contributing historic resources along Monterey Street. The parcel that houses
the museum has a land use designation of Public and is zoned Public Facility with a Historic
Overlay (PF-H), while the parcels containing the residential units have land use designation of
General Retail and are zoned Downtown Commercial with a Special Consideration and Historic
Overlay (C-D-S-H). Along Nipomo to the southwest is the Soda Works mixed commercial and
residential complex with a land use designation of General Retail and zoned Downtown
Commercial with a Planned Development and Historic Overlay (C-D-H-PD).
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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East. Adjacent to the project site is a two-story multi-family residential complex with surface
parking fronting Palm Street and a single-family residence with detached garage, identified as
the Hays-Lattimer Adobe historic resource, fronting Monterey Street. The multi-family
residential building has a land use designation of Medium-High Density Residential and is zoned
Medium-High Density Residential (R-3), while the single family residence has a land use
designation of Office and is zoned Office with Historic Overlay (O-H).
North. The Mission College Preparatory School athletic field is located north of the project site
across Palm Street. The school is located just west of the athletic field along Palm Street. The
area has a land use designation of Medium-High Density Residential. The athletic field is zoned
Medium-High Density Residential (R-3), while the school is zoned Medium-High Density
Residential with a Historic Overlay (R-3-H).
2.5 Project Characteristics
The project would involve the removal of an existing 77-space surface parking lot and five
residential structures (including detached garage) and construction of an above-ground five-level
parking structure, non-profit theater, and commercial space. Figure 5 shows the proposed site plan.
The parking structure would provide up to 445 parking spaces.2 Main vehicular access to the
structure would be from Palm Street, with secondary access from Nipomo Street. Vehicle access
would not be provided from Monterey Street; however, a direct pedestrian connection would be
provided from the structure to Monterey Street. Pedestrian access would also be provided to public
sidewalks from each corner of the structure and bicycle access would be provided from Nipomo
Street. The parking structure’s maximum height, excluding elevator towers, would be 50 feet (Figure
6). The maximum height of the elevator towers would be 64 feet above grade. The top deck of the
parking structure would include a public use space in the northwest corner nearest to Palm and
Nipomo Streets.
The project would also include 5,000 square feet of commercial space on two levels fronting
Nipomo Street. The maximum height of the commercial space would be 41 feet above existing
grade. In addition, the project would include a new structure for the San Luis Obispo Little Theatre
(now the San Luis Obispo Repertory Theatre or SLO REP) that would front Monterey Street. The
theater would be a three-story structure with a gross floor area of roughly 23,841 square feet. The
base level would house a rehearsal area, workshop, storage and other amenities. The main level
would be comprised of a main theater with 155191 seats, and a smaller theatre with 10099
reconfigurable seats, generating a total of 255290 seats. The third floor would include offices and a
conference room. Entry to the theater would be provided at the street level through a public plaza
along Monterey Street. The street level plaza would include a public seating area and incorporate
public art. The maximum height of the theater would be approximately 43 feet above existing
grade.
2 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on
the current design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a
maximum of up to 445 parking spaces would be provided. Motorcycle parking would be provided in accordance with the
ratios required in the City’s Zoning Regulations (§17.16.060).
Project Description
Final Environmental Impact Report 31
Figure 5 Site Plan
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Figure 6 Nipomo Street Elevation
Project Description
Final Environmental Impact Report 33
Construction and Demolition
Project construction would last approximately 12 months and is anticipated to start in 2019. Project
construction would include site preparation, demolition, grading, building construction,
architectural coating, and paving. The project would involve the removal of almost all existing public
and private improvements and existing trees and vegetation on the site, with the exception of the
large oak tree along Monterey Street and the two trees at the corner of Nipomo and Monterey
Streets. Demolition activities would involve removal of the existing surface parking lot, four
residential structures3, and detached garage.
The project would excavate to a depth of approximately 14 feet at the highest point of the site,
along the southern and eastern boundaries of the parking structure. In total, earthwork for buildout
of the project is estimated to require 6,400 cubic yards of cut, and 700 cubic yards of fill, resulting in
a need for approximately 5,700 cubic yards of soil export.
The parking structure would be constructed using drilled caissons or rammed aggregate piers to
support the structure. The project would not utilize the method of driven piles.
Site Access and Circulation
Vehicle
As mentioned above, vehicle access into and out of the parking structure would be provided via
driveways on Palm Street and Nipomo Street, with one lane for ingress and one lane for egress at
each driveway. Each driveway entrance would have storage to accommodate two inbound vehicles.
The parking structure exits would be designed so that exiting vehicles would have at least 10 feet of
a clear sight triangle to the sidewalk on both sides of the exit, unobstructed by building corners,
columns, or any other visual impediments. This distance is measured from eight feet behind the
stop bar and two feet to the right of the centerline where a driver would be located in a stopped
vehicle. Motorcycle parking would be provided in accordance with the ratios required in the City’s
Zoning Regulations.
Pedestrian
Sidewalks on Nipomo Street would be widened to approximately 12 to 18.5 feet. The sidewalks on
Palm Street and Monterey Street would be reconstructed, but remain at their current widths. As
shown on Figure 5, a pedestrian crosswalk would be installed across Monterey Street, as well as a
“bump out” of the sidewalk that extends into the street to increase pedestrian visibility at the
crosswalk.
Bicycle
Bicycle parking would be provided near the parking structure’s Nipomo Street entrance. Access
would be shared with the pedestrian entrance, but the width would be 10 feet wide to
accommodate both. Short- and long-term bicycle parking would be provided in accordance with the
ratios required in the City’s Zoning Regulations.
3 As noted in Section 2.4.1 Setting, there are four residential structures containing five residences (three single-family
residences and one secondary unit containing two separate apartments).
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Conceptual Design
The following characteristics are proposed design features of the project.
The parking structure would be set back ten feet from the eastern boundary. The theater would
be set back from Monterey Street with a public plaza area in front.
The façade of parking structure and commercial space would be designed to resemble a
neighborhood building instead of a typical parking structure and with an architectural style
similar to the surrounding Spanish Colonial architecture. Architectural design elements would
include arches, stucco, tile roof, rusticated base, and multi-paned mullion pattern (Figure 76).
The openings on the parking structure would be articulated with mullions and sized to reflect
traditional window openings in a building. Openings on the east side would have solid rails
approximately 3.5 feet high.
The Nipomo Street facade reflects and would complement the downtown architecture and
steps down the building form to a two-story structure along Nipomo Street (Figure 87).
The theater would have a contemporary design with the primary exterior finish materials being
a multi-colored terra cotta, rain-screen panel system eliciting a color scheme complimenting
that of the nearby historic Mission San Luis Obispo de Tolosa-namely white, dun, and varying
shades of terra cotta clay. Accent and secondary materials would be smooth troweled stucco in
a dun tone, and split face and split fluted concrete masonry unit blocks in a terra cotta tone. In
addition, there would be two prominent, curved glass curtain walls with brushed aluminum
muntins that face Monterey Street.
Conceptual Lighting
Outdoor lighting would be fully shielded or recessed and downcast, consistent with the City’s
Municipal Code. Proposed exterior lighting would consist of dimmable white light-emitting diodes
(LED) mounted to the buildings. Lighting inside the parking structure would consist of LED
downlights with shielding elements. When viewed from outside of the parking structure, these
shielding elements would eliminate any direct views of the light source.
Lighting on the rooftop parking level would be provided by pole-mounted LED luminaires compliant
with the City of San Luis Obispo Municipal Code, which requires rooftop lights to minimize spill and
include full-cutoffs that reduce light pollution at night. To comply with the Title 24 energy codes, the
parking structure would be controlled with photocells to conserve energy during daytime
operational hours. The parking structure would also utilize occupancy sensors which would turn the
lights off when no activity is detected in the structure.
The lighting concept for the plaza area is to provide low-level pedestrian lights (recessed wall lights
and/or bollard lights) that give a safe light level for night use. Additionally, there would be accent
lighting in the planters to illuminate the courtyard trees. Non-emergency lighting would be on
automatic shut-off timers and lighting would be on motion-activated sensors where appropriate.
Streetlights would be installed per City Engineering Standards, and the approved conceptual
Downtown Lighting Plan (for streetlights along Monterey Street).
Project Description
Final Environmental Impact Report 35
Figure 76 Conceptual Project Renderings (View of Parking Structure and Commercial Space from Corner of Palm and Nipomo
Streets)
Source: RRM Design Group, 2016
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Figure 87 Conceptual Project Renderings (View of Commercial Space and Parking Structure from Nipomo Streets)
Source: RRM Design Group, 2016
Project Description
Final Environmental Impact Report 37
Landscaping and Trees
Landscaping would consist of new street trees in accordance with the City of San Luis Obispo’s
street tree list (e.g., Brisbane Box, Carrotwood, Ficus, Queen Palms) along Palm, Nipomo, and
Monterey streets, ranging from 8 to 12 feet high. After five years, the trees would be expected to
achieve heights in the range of 16 to 30 feet tall. Existing trees, including the fern pine and oak on
the corner of Monterey and Nipomo streets and the large oak tree on Monterey Street would
remain. In addition, landscaping would include drought-tolerant shrub planters along the pedestrian
plaza/walkways. Landscape irrigation would be designed to minimize the use of water and meet all
water conservation practices required by the City’s Municipal Code.
Utilities
Water, firewater, and wastewater service for the project would be provided by the City via adjacent
main lines that surround the project site. No utility extensions would be required.
Project Objectives 2.5.1
Objectives for this project include the following:
Provide a minimum of 400 parking spaces
Accommodate cultural uses on Monterey Street in front of the structure
Include a pedestrian-level public use plaza area at the corner of Nipomo and Monterey Streets
Provide a direct pedestrian connection from the structure to Monterey Street
Preserve the large oak tree on site
Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
Required Approvals 2.5.2
The following approvals would be required for the project:
General Plan Amendment. Amend General Plan Land Use Map from Office and Medium-High
Density Residential to Public
Zone Change. Amend Zoning Map from Office with Historic Overlay (O-H) and Medium-High
Density Residential to Public Facility with a Historic Overlay (PF-H)
Planning Commission Use Permit. To allow the multi-level parking structure and non-profit
theater with deviations to the setback requirements and building height limits4, and to request a
variances forto the floor to area ratio to exceed 1.0 and to the maximum lot coverage to exceed
the 60 percent maximum lot coverage 4
Architectural Review. Including both Cultural Heritage Committee and Architectural Review
Commission review
In addition, the following approval would be required:
Regional Water Quality Control Board – National Pollutant Discharge Elimination System Permit
4 Zoning Regulations Table 9: Subsection 6. Parking as a principal use. Use Permit approval may include deviations to
otherwise applicable setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 59
4.2 Cultural and Tribal Cultural Resources
This section analyzes potential impacts to cultural and tribal resources as a result of the proposed
project. The analysis is based on the 2011 Cultural Resources Study prepared by Applied Earthworks
(Appendix C).
Setting 4.2.1
a. Environmental Setting
Prehistoric Setting
The project site is located in what is described generally as the Central Coast archaeological region,
one of eight organizational divisions of California (Jones and Klar 2007, Moratto 1984). The Central
Coast archaeological region extends from Monterey Bay to Morro Bay, and includes the County of
San Luis Obispo. The prehistoric cultural chronology for the Central Coast is generally divided into six
periods: Paleoindian (ca. 10,000–6,000 B.C.), Millingstone (6,000–3,000 B.C.), Early and Early-Middle
Transition (3,000–600 B.C.), Middle (600 B.C. - A.D. 1000), Middle-Late Transition (A.D. 1000–A.D.
1250), and Late (A.D. 1250–historic contact [ca. A.D. 1769]) (Jones and Klar 2007).
Several chronological sequences have been devised to understand cultural changes along the
Central Coast from the Millingstone Period to contact. Jones (1993) and Jones and Waugh (1995)
presented a Central Coast sequence that integrates data from archaeological studies conducted
since the 1980s. Three periods, including the Early, Middle, and Late periods, are presented in their
prehistoric sequence subsequent to the Millingstone Period. More recently, Jones and Ferneau
(2002) updated the sequence following the Millingstone Period as follows: Early, Early-Middle
Transition, Middle, Middle-Late Transition, and Late periods. The archaeology of the Central Coast
subsequent to the Millingstone Period is distinct from that of the Bay Area to the north and Central
Valley to the east. The region has more in common with the Santa Barbara Channel area during the
Middle and Middle-Late Transition periods, but few similarities during the Late period (Jones and
Ferneau 2002).
Historic Setting
Post-European contact history for California is divided generally into three periods: the Spanish
Period (1769–1822), the Mexican Period (1822–1848), and the American Period (1848–present). The
Spanish Period brought the establishment of the California mission system, while the Mexican
Period is largely known for the division of the land of California into private land holdings. Following
the Mexican-American war, the United States purchased California from Mexico; population of the
state subsequently increased, particularly during the Gold Rush.
Following the arrival of the first Europeans, Padre Junipero Serra founded Mission San Luis Obispo
de Tolosa in 1772. The population of native people at the mission declined rapidly. In 1803, there
was a peak of 919 Native Americans residing at the mission, but by 1838 the population had
declined to 170. In 1822, California became a Mexican Territory, and the mission lands gradually
became private ranchos through Mexican land grants. In 1846, the Bear Flag Rebellion resulted in
California’s independence from Mexico, and control of the territory soon fell into the hands of the
United States.
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The City of San Luis Obispo was incorporated in 1876 (Angel 1883). The city’s early development is
closely associated with Mission San Luis Obispo de Tolosa, the Coast Line Stage which carried U.S.
mail for Wells Fargo and Company through San Luis Obispo to points north and south of the City,
and the pacific railway which made San Luis Obispo the commercial center of the region and
provided access for passenger steamer service (Kocher 1972; Tognazzini 1993; Cooper 1875; Angel
1883). The completion of the mainline Southern Pacific rail line allowed travel and shipment of
goods with greater opportunities for selling and buying commodities. The establishment of
California Polytechnic State University in 1903 as a vocational school on 281 acres was also a
significant draw for the city. Later development was driven by the completion of U.S. Highway 101
as San Luis Obispo was a prime location for travelers to rest on the long trip from San Francisco to
Los Angeles and the establishment of the nearby military base at Camp San Luis Obispo (City of San
Luis Obispo 1983; Krieger 1988; Palmer et al. 2001).
Beginning in 1945, following the end of World War II, San Luis Obispo experienced a period of
modernization in the second half of the twentieth century, mainly due to returning soldiers. The
influx of new commerce required new development, with older buildings demolished to make way
for more modern structures and parking lots. Many of the older buildings demolished were
residential homes. City landmarks and many remaining adobes were lost during this period. Growth
required an influx of parking to accommodate downtown customers. Many city surface parking lots
were established in the downtown, including the one on the current project.
Project Site Historic Context
Properties lining Monterey and Higuera streets between Nipomo and Santa Rosa streets were
rapidly developed in the 1860s for both commercial and residential purposes. The Harris and Ward
Map established Block 9, bounded by Palm, Broad, Monterey, and Nipomo streets, divided into six
lots. The project site encompasses Lots 1 and 2 whose owners were identified as: Lot 1, illegible and
Lot 2, Roberto Villa. Roberto Villa presented a Petition for Grant for Lot 2 in 1870. He had settled on
the land in 1855 and his property and a solitary structure appear on an 1859 petition for land that
also depicts a fence on Lot 1 (at the corner of Palm and Nipomo Streets). By 1874, the project site
had been divided into three lots (Applied EarthWorks 2011).
During the last quarter of the nineteenth century, the project area experienced little change while
Monterey Street, to the east, continued to develop with commercial and residential infill. Within the
project area, dwellings at 610, 614, and 630 Monterey Street exhibited small additions to the rears
of the buildings. The 1886, 1888, and 1891 Sanborn Maps show three residences within the project
area, including an outhouse at the rear of the adobe on Lot 3. James Moore operated a dyeing and
cleaning business in a shed at 614 Monterey Street. Three small ancillary buildings and one a shed
were present at 610 Monterey Street. All of the buildings are no longer present on the project site.
Shortly after the turn of the twentieth century, the city began improving streets by grading roads
and filling in low places with gravel, and new development followed these improvements. Within
the project area, a house was constructed in Lot 1 along with an outhouse or shed. During this same
time, James Moore moved his dyeing and cleaning business from 614 Monterey Street to 610
Monterey Street. By the 1930s, the structures at 610 and 614 Monterey Street were demolished
and new residences were constructed in their place in 1937 and 1933, respectively. By 1957, the
house on Lot 1 was moved to the south of the lot and a welding shop was constructed in its place.
New surface parking lots established in the 1960s and 1970s frequently replaced older buildings and
historic uses of the properties. Within the project site, two dwellings and the welding shop were
demolished to make room for the parking lot that exists today.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 61
Documented Cultural Resources
This section is based on the results of the 2011 Cultural Resources Study (Appendix C) and 2017
updated records search, of which the methods are further described in section 4.2.2(a) below.
Archaeological Resources
The results of the records searches identify the presence of one archaeological site within the
project site (CA-SLO-2341H) and two archaeological sites adjacent to the project site (CA-SLO-
1890/H and CA-SLO-2206H). Resource CA-SLO-2341H was identified in 2003 during a citywide water
line installation project and consists of a series of historic archaeological features. The nearest
component of CA-SLO-2341H to the current project site was a black powder flask (1790-1860)
located at the intersection of Palm and Nipomo streets adjacent to the current project site.
Resources CA-SLO-1890/H and CA-SLO-2206H both consist of historic refuse deposits. Resource CA-
SLO-1890/H also includes a historic house and the remnants of an adobe structure. The site record
also suggests that the archaeological site contains a prehistoric component, but no discussion is
given for such remains and the site is described as containing “virtually no pre-1880 refuse.”
The results of the records search further identified studies conducted by Bertrando and Bertrando
within the project area that consisted of archaeological testing within the project area in 1997 and
in 1999. The testing conducted in 1997 identified historical material in the upper 12 inches of soil.
The testing conducted in 1999 identified the remains of the rock foundation of a house constructed
circa 1905 and additional historic artifacts including glass, ceramics, nails, shell, and ceramic roof
tiles all thought to be associated with the house and with a welding shop (1926–1996) that was
located on the property.
As part of the 2011 Cultural Resources Study, Applied Earthworks staff also conducted a pedestrian
survey of the project site for archaeological and architectural resources. The project area has very
little exposed ground surface, though narrow strips of exposed soil are present along the Monterey
Street boundary of the project site which contained historic-period debris, including glass, ceramic
fragments, ferrous metal items, and shell. The study concluded that it is likely that subsurface
cultural remains are intact.
Built Environment Resources
The project site is partially located within the Downtown Historic District, which was locally
designated in 1987, and is therefore considered a historical resource under CEQA. Figure 3 shows
the boundaries of the Downtown Historic District relative to the project site. The Downtown Historic
District extends east from U.S. Highway 101 and Dana Street to just beyond Osos Street, and runs
north from Marsh Street to Palm Street. It contains many of the city’s most important historic
buildings, and while they are primarily commercial, there is also a small subsection of residential
properties largely concentrated west of Broad Street, in the project area. The buildings on the north
side of Monterey Street create a historic streetscape that connects the area west of Mission Plaza to
the westernmost section of the Downtown Historic District on Dana Street. In this area, the historic
district transitions from commercial to residential, which is a physical characteristic of the district
that helps conveys the reasons for its significance.
The City maintains a Master List of Historic Resources, which identifies buildings that are considered
historically significant on their own merits, and a List of Contributing Historic Resources, which
identifies structures that contribute to the significance of designated historic districts, although they
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may not be individually significant. In general, buildings within the district display a variety of
architectural styles but are primarily one to two stories in height and 50 to 75 feet in width.
Two Master List properties and two contributing properties lie within or adjacent to the current
project area (Table 5). The single-story vernacular residence with a detached garage at 610
Monterey Street, located on the project site, is a contributing property built in 1937 by Klien
Williams. Although the 2011 Cultural Resources Study recommended it as ineligible for the CRHR
and local listing, it is currently listed as a contributor to the Downtown Historic District and is thus
considered a historical resource for the purposes of CEQA.
The single-story, mission-influenced vernacular residence at 614 Monterey Street, located on the
project site, was built by Louis R. Heyd in 1935 and is also is a contributing property to the
Downtown Historic District. The 2011 Cultural Resources Study identified this property as being
eligible for local listing on the City’s Master List because of its rarity and its representation of the
vernacular renewal of adobe architecture prior to World War II. The property is therefore
considered a historical resource for the purposes of CEQA.
The Hays-Lattimer adobe is a Master List property located immediately adjacent to the east of the
project site at 638-642 Monterey Street. Constructed in 1860, the property contains a weather-
boarded single-story adobe residence. The two-story Harmony Creamery at 991 Nipomo Street, also
located adjacent to the project site, is another Master List property. Built in 1930 by the Harmony
Valley Creamer Association, it is Spanish Colonial Revival in style.
The residential buildings on the project site located at 633 and 633 ½ Palm Street are located just
outside the City’s Downtown Historic District. They were each recommended ineligible for listing on
the CRHR and local listing, and were not found to qualify as contributing resources to the Downtown
Historic District; neither is considered a historical resource under CEQA as a result.
Table 5 Designated Historic Buildings Within and Adjacent to the Project Site
Address Local Designation
Location Relative
to Project Site
610 Monterey Street Contributing property to Downtown Historic District Within
614 Monterey Street Contributing property to Downtown Historic District Within
638-342 Monterey Street
(Hays-Lattimer Adobe)
On Master List of Historic Resources, Downtown Historic District Adjacent
991 Nipomo Street
(Harmony Creamery)
On Master List of Historic Resources, Downtown Historic District Adjacent
Paleontological Setting
The project site lies between the San Lucia Mountains and the San Luis Mountains in the Coast
Ranges geomorphic province. The Coast Ranges are northwest-trending mountain ranges and
valleys that run along the Pacific coast from Santa Barbara to the Oregon border (Norris and Webb,
1990). The Coast Ranges record a thick sequence of sedimentary strata dating back to the Mesozoic
Franciscan Melange (~251 million years ago), with granitic and metamorphic rocks of the Salinian
block present in the southern Coast Ranges, where the project is located (Norris and Webb 1990).
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 63
The Franciscan Melange records deposition of volcanic and clastic sediments into a subduction zone
during the Mesozoic era, followed by subsequent metamorphism (Wakabayashi 1992). The
Franciscan Melange is known to contain a wide range of fossils, including radiolarians, mollusks,
diatoms, foraminifers, and marine vertebrates (Schlocker 1974; Elder 2015; Hilton 2003). A search of
the University of California Museum of Paleontology (UCMP) online collection records shows that
fossils of all of these organisms have been recovered from Franciscan rocks in and around San Luis
Obispo County (UCMP 2017). The most impressive of these fossils is a large marine reptile,
Plesiosaur hesternus, recovered from Oakley Ranch (Hilton 2003).
More recently, the Pleistocene history of the region (2.6 million–10,000 years ago) is marked by
glacially controlled sea level fluctuations and tectonic uplift during which the shoreline advanced
and retreated as much as 30 miles across the continental shelf (Hall 2007). Sea level advance cut a
system of marine terraces, 12 of which are exposed in the Point San Luis area eight to nine miles
southwest of the city. These terraces range in age from 83,000 to 49,000 years, and reach elevations
of 79 feet above modern sea level. The formations that compose these terraces are the most
paleontologically productive in the region (City of San Luis Obispo 2014).
Jefferson et al. (1992) reported three vertebrate localities along the coast within nine miles of San
Luis Obispo. These localities occur in Pleistocene fluvial deposits overlying marine terraces, and
include assemblages of the Rancholabrean mammals Equus sp. and E. occidentalis (horse);
Camelops sp. and C. hesternus (camel); Bison antiquus and B. latifrons (bison), and Mammut
americanum (mammoth). Other localities in San Luis Obispo County are noted as well (UCMP 2017).
b. Regulatory Setting
The primary applicable federal and state laws and regulations protecting cultural resources are the
National Historic Preservation Act, as amended, CEQA, and California Public Resources Code (Cal.
Public Res. Code) §§5024.1 and 21084.1. These and other federal, state, and local laws and
regulations and ordinances that pertain to cultural resources are described below.
Federal
The project does not involve federal funding or permitting, and as a result, does not have a federal
nexus. Therefore, compliance with reference to the National Historic Preservation Act (NHPA) of
1966 and other federal laws is provided here for informational purposes only.
National Historic Preservation Act [16 United States Code (U.S.C.) Section 470
et seq.]
The NHPA establishes the federal government policy on historic preservation and the programs,
including the National Register of Historic Places (NRHP), through which this policy is implemented.
Under the NHPA, significant cultural resources, referred to as “historic properties,” include any
prehistoric or historic district, site, building, structure, or object included in, or determined eligible
for inclusion in, the NRHP. Historic properties also include resources determined to be National
Historic Landmarks. National Historic Landmarks are nationally significant historic places designated
by the Secretary of the Interior because they possess exceptional value or quality in illustrating or
interpreting United States heritage. A property is considered historically significant if it meets one of
the NRHP criteria and retains sufficient historic integrity to convey its significance. This act also
established the Advisory Council on Historic Preservation, an independent federal agency that
administers Section 106 of the NHPA by developing procedures to protect cultural resources
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included in, or eligible for inclusion in, the NRHP. Regulations are published in 36 Code of Federal
Regulations (C.F.R.) Parts 60, 63, and 800.
Archaeological Resources Protection Act (ARPA) [16 U.S.C. 470]
This statute was enacted to secure, for the present and future benefit of the American people, the
protection of archaeological resources and sites which are on public lands and Indian lands. It was
also enacted to foster increased cooperation and exchange of information between governmental
authorities, the professional archaeological community, and private individuals (Sec. 2(4)(b)).
State
California Environmental Quality Act, Public Resources Code §21083.2 and
California Code of Regulations (CCR), Title 14, §15064.5
CEQA requires a lead agency to consider the effects of a project on historical resources (Cal. Public
Res. Code §21084.1). The CEQA Guidelines §15064.5(b) provides specific guidance for determining
the significance of impacts on historical resources and unique archaeological resources (CEQA
Guidelines §15064.5(b) and Cal. Public Res. Code §21083.2). Under CEQA, these resources are called
“historical resources” whether they are of historic or prehistoric age. Public Resources Code
§21084.1 defines historical resources as those listed, or eligible for listing, in the California Register
of Historical Resources (CRHR), or those listed in the historical register of a local jurisdiction (county
or city) unless the preponderance of the evidence demonstrates that the resource is not historically
or culturally significant. NRHP-listed “historic properties” located in California are considered
historical resources for the purposes of CEQA and are also listed in the CRHR. The CRHR criteria for
listing such resources are based on, and are very similar to, the NRHP criteria. Cal. Public Res. Code
§21083.2 and CEQA Guidelines §15064.5(c) provide further definitions and guidance for
archaeological sites and their treatment.
Different legal rules apply to the two different categories of cultural resources, though the two
categories sometimes overlap where a “unique archaeological resource” also qualifies as a
“historical resource.” In such an instance, the more stringent rules for the protection of
archaeological resources that are historical resources apply.
CEQA Guidelines §15064.5 also prescribes a process and procedures for addressing the existence of,
or probable likelihood, of Native American human remains, as well as the unexpected discovery of
any human remains during implementation of a project. This includes consultations with
appropriate Native American tribes.
The CEQA Guidelines define procedures, types of activities, persons, and public agencies required to
comply with CEQA. CEQA Guidelines §15064.5(b) prescribes that project effects that would “cause a
substantial adverse change in the significance of an historical resource” are significant effects on the
environment. Substantial adverse changes include physical changes to both the historical resource
and its immediate surroundings.
Section 15126.4(a)(1) states that an EIR shall describe feasible measures which could minimize
significant adverse impacts. Section 15126.5(b) describes mitigation measures related to impacts on
historical resources.
CEQA also requires that public agencies and private interests identify the potential environmental
consequences of their proposed projects on any object or site considered to be a historical resource
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 65
of California, including paleontological resources (Cal. Public Res. Code §21084.1, CCR Title 14,
§15064.5).
California Register of Historical Resources (Cal. Public Res. Code §5024.1 and
14 CCR §4850)
Cal. Public Res. Code §5024.1 establishes the CRHR, which lists all California properties considered
to be significant historical resources. The CRHR also includes all properties listed or determined
eligible for listing in the NRHP, including properties evaluated and determined eligible under §106.
The criteria for listing on the CRHR, criteria 1–4, are similar to those of the NRHP:
[Resources that are] associated with events that have made a significant contribution to the 1.
broad patterns of California’s history and cultural heritage
[Resources that are] associated with the lives of persons important in our past 2.
[Resources that] embody the distinctive characteristics of a type, period, region, or method of 3.
construction, or represents the work of an important creative individual, or possesses high
artistic value
[Resources that have] yielded, or may be likely to yield, information important in prehistory or 4.
history
The CRHR regulations govern the nomination of resources to the CRHR (14 CCR §4850). The regulations
set forth the criteria for eligibility as well as guidelines for assessing historical integrity and resources that
have special considerations.
California Public Resources Code
Cal. Public Res. Code also protects paleontological resources in specific contexts. In particular, Cal.
Public Res. Code §5097.5 prohibits “knowing and willful” excavation, removal, destruction, injury,
and defacement of any paleontological feature on public lands without express authorization from
the agency with jurisdiction. Violation of this prohibition is a misdemeanor and is subject to fine
and/or imprisonment (Cal. Public Res. Code § 5097.5(c)), and persons convicted of such a violation
may also be required to provide restitution (Cal. Public Res. Code § 5097.5(d)(1)). Additionally, Cal.
Public Res. Code §30244 requires “reasonable mitigation measures” to address impacts on
paleontological resources identified by the State Historic Preservation Officer.
Section 5097.5 of the Cal. Public Res. Code states:
“No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any
historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site,
including fossilized footprints, inscriptions made by human agency, or any other archaeological,
paleontological or historical feature, situated on public lands, except with the express
permission of the public agency having jurisdiction over such lands. Violation of this section is a
misdemeanor.”
As used in this Cal. Public Res. Code section, “public lands” means lands owned by, or under the
jurisdiction of, the state or any city, county, district, authority, or public corporation, or any agency
thereof. Consequently, local agencies are required to comply with Cal. Public Res. Code §5097.5 for
their own activities, including construction and maintenance, as well as for permit actions (e.g.,
encroachment permits) undertaken by others.
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Codes Governing Human Remains
Section 15064.5 of the CEQA Guidelines also assigns special importance to human remains and
specifies procedures to be used when Native American remains are discovered. The disposition of
human remains is governed by Health and Safety Code §7050.5 and Cal. Public Res. Code §§5097.94
and 5097.98, and falls within the jurisdiction of the NAHC. If human remains are discovered, the
County Coroner must be notified within 48 hours and there should be no further disturbance to the
site where the remains were found. If the remains are determined by the coroner to be Native
American, the coroner is responsible for contacting the NAHC within 24 hours. The NAHC, pursuant
to Cal. Public Res. Code §5097.98, will immediately notify those persons it believes to be most likely
descended from the deceased Native Americans so they can inspect the burial site and make
recommendations for treatment or disposal.
California Tribal Cultural Resources and Consultation (Assembly Bill 52,
Chapter 532)
Assembly Bill (AB) 52 became law on January 1, 2015. It establishes a formal consultation process
for California Indian tribes as part of CEQA and equates significant impacts on tribal cultural
resources with significant environmental impacts. Several new Public Resources Codes have been
written to codify the law’s requirements. Cal. Public Res. Code §21074 defines a California Native
American Tribe as a tribe located in California that is on the contact list maintained by the Native
American Heritage Commission. It also defines what types of resources are to be considered tribal
cultural resources. Cal. Public Res. Code §21080.3.1 describes formal tribal consultation
requirements; Cal. Public Res. Code §21080.3.2 provides that if the California tribe requests
consultation to include project alternatives and mitigation measures, such consultation would be
required; Cal. Public Res. Code §21082.3 provides that any mitigation measures agreed upon during
consultation shall be recommended for inclusion in the environmental document and affirms the
lead agency’s obligation to keep confidential any information obtained from a Native American tribe
during the consultation process; and Cal. Public Res. Code §21083.4 provides examples of mitigation
for impacts to Tribal Cultural Resources.
Senate Bill 18 (Chapter 905, Statutes of 2004)
Senate Bill (SB) 18 requires cities and counties to consult with Native American tribes to help protect
traditional tribal cultural places through the land use planning process for general plan adoption or
amendments and to specific plan adoption or amendments.
Local
San Luis Obispo Zoning Regulations, Chapter 17.54
Establishes the Historical Preservation Overlay Zone (H) and describes its purposes and application,
allowed uses and property development standards.
Historic Preservation Ordinance, San Luis Obispo Municipal Code 14.1
The City Municipal Code contains specific requirements for the demolition and relocation of
structures listed in the inventory of historic resources. These requirements are stated in Municipal
Code §§14.01.100 and 14.01.110.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 67
The City Municipal Code states that the Cultural Heritage Committee (CHC) shall review and make
recommendations to the City Council regarding demolition applications for structures listed in the
inventory of historic resources. An application for demolition of a listed historic resource shall be
approved only if the proposed demolition is found consistent with the general plan, and 1) the
historic resource is a hazard to public health of safety, and repair or stabilization is not structurally
feasible; or 2) denial of the application will constitute an economic hardship as described in
§14.01.100(J)(1-3) of the municipal code. Additional procedures regarding the timing of the
demolition, documentation and acknowledgment of the historic resource are also delineated.
Likewise, the relocation of a structure listed on the inventory of historical resources is subject to
review by the CHC and Architectural Review Commission (ARC). Relocation shall be permitted only
when relocation is consistent with the goals and policies of the general plan, any applicable area or
specific plans, and the Historic Preservation Program Guidelines, as well as additional criteria
defined in Municipal Code §14.01.110(B)(1-6). The timing, plan, procedures, and documentation are
also delineated.
City of San Luis Obispo Municipal Code Demolition and Moving of Buildings
Appendix Chapter 2, Chapter 201, of the San Luis Obispo Municipal Code, establishes procedures
and requirements for the relocation or demolition of historic buildings.
City of San Luis Obispo Historic Preservation Program Guidelines
The guidelines establish procedures for the treatment of historic resources, including construction in
historic districts and on properties with historic resources. They also include a discussion of the
city’s existing historic districts and provide a summary of their significance and character-defining
features.
City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines
The guidelines establish procedures to be used for the identification, evaluation, and preservation of
archaeological and other cultural resources. Cultural resources refer to the artifacts, human
remains, and sites containing evidence of past human activities, including prehistoric Native
American archaeological sites, historic archaeological sites, sites or natural landscapes associated
with important human events, and Native American sacred places and cultural landscapes.
City of San Luis Obispo Community Design Guidelines
The guidelines establish site and architectural design standards for development projects, including
projects involving historic resources and historic districts, and demolitions.
City of San Luis Obispo General Plan Conservation and Open Space Element. The Conservation and
Open Space Element of the General Plan establishes citywide policies and programs regarding
identification and treatment of cultural resources. The following policies apply to this project:
Policy 3.3.1 Historic Preservation. Significant historic and architectural resources should be
identified, preserved, and rehabilitated.
Policy 3.3.2 Demolitions. Historically or architecturally significant buildings shall not be
demolished or substantially changed in outward appearance, unless doing so is necessary to
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remove a threat to health and safety and other means to eliminate or reduce the threat to
acceptable levels are infeasible.
Policy 3.3.3 Historical Documentation. Buildings and other cultural features that are not
historically significant but which have historical or architectural value should be preserved or
relocated where feasible. Where preservation or relocation is not feasible, the resources shall
be documented and the information retained in a secure but publicly accessible location. An
acknowledgement of the resources should be incorporated within the site through historic
signage and the reuse or display of historic material and artifacts.
Policy 3.5.1. Archaeological Resource Protection. The City shall provide for the protection of
both known and potential archaeological resources. To avoid significant damage to important
archaeological sites, all available measures, including purchase of the property in fee or
easement, shall be explored at the time of a development proposal. Where such measures are
not feasible and development would adversely affect identified archaeological or
paleontological resources, mitigation shall be required pursuant to the Archaeological Resource
Preservation Program Guidelines.
Policy 3.5.2. Native American Sites. All Native American cultural and archaeological sites shall
be protected as open space wherever possible.
Policy 3.5.4 Archaeological Sensitive Areas. Development within an archaeologically sensitive
area shall require a preliminary site survey by a qualified archaeologist knowledgeable in Native
American cultures, prior to a determination of the potential environmental impacts of the
project.
Policy 3.5.5 Archaeological Resources Present. Where a preliminary site survey finds substantial
archaeological resources, before permitting construction, the City shall require a mitigation plan
to protect the resources. Possible mitigation measures include: presence of a qualified
professional during initial grading or trenching; project redesign; covering with a layer of fill;
excavation removal and curation in an appropriate facility under the direction of a qualified
professional.
Policy 3.5.6 Qualified Archaeologist Present. Where substantial archaeological resources are
discovered during construction or grading activities, all such activities in the immediate area of
the find shall cease until a qualified archaeologist knowledgeable in Native American cultures
can determine the significance of the resource and recommend alternative mitigation
measures.
Policy 3.5.7 Native American Participation. Native American participation shall be included in
the City’s Guidelines for resource assessment and impact mitigation. Native American
representatives should be present during archaeological excavation and during construction in
an area likely to contain cultural resources. The Native American community shall be consulted
as knowledge of cultural resources expands and as the City considered updates or significant
changes to its General Plan.
Policy 3.6.3 Construction within Historic Districts. The Cultural Heritage Committee and
Architectural Review Commission will provide specific guidance on the construction of new
buildings within historic districts.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 69
Impact Analysis 4.2.2
a. Methodology and Significance Thresholds
Methodology
Cultural Resources Methodology
Direct impacts are assessed by identifying known cultural resources in the project study area,
determining if any archaeological sites or historic structures are located within the project area,
assessing the significance of the resources that may be affected, and determining the appropriate
mitigation. Removal, demolition, or alteration of historical resources can permanently impact the
historic fabric of an archaeological site, structure, or historic district.
As previously mentioned, in 2011 Applied Earthworks prepared a Cultural Resources Study of the
project site and vicinity (Appendix C). The study involved a records search at the Central Coast
Information Center of the California Historical Resources Information System at the University of
California Santa Barbara, archival and historical research, field survey of the property, predictive
modeling of archaeological resources, evaluation of any potentially significant historic structures on
the property, and assessment of potential impacts to the surrounding Downtown Historic District.
The records search was conducted to identify previous cultural resources evaluations and previously
recorded cultural resources on the project site as well as within a 200-foot radius of the project site.
The archival research focused on the review of primary and secondary source materials related to
the history and development of the project site and vicinity. Sources examined during the records
and archival search included maps pinpointing cultural resources locations, survey coverage maps,
site record and report files, city directories, Great Registers, historical maps, and newspapers. The
State Historic Property Data Files, National Register of Historic Places, National Register of
Determined Eligible Properties, California Points of Historic Interest, California Office of Historic
Preservation Archaeological Determinations of Eligibility, and the California Department of
Transportation State and Local Bridge Surveys were also analyzed. The results of the records search
further identified studies conducted by Bertrando and Bertrando within the project site that
consisted of archaeological testing in 1997 and 1999. In 2017, Rincon Consultants conducted an
updated records search to expand the radius to 0.25-mile and to identify any cultural resources
recorded since 2011.
Archaeological sites and historic structures located within the project area are described in Section
4.2.1, Setting.
Native American Consultation
The City conducted Native American consultation consistent with Senate Bill 18 and Assembly Bill 52
for the project to identify potential concerns or issues associated with Native American cultural
resources near the project. Rincon contacted the NAHC to determine if any sites recorded in the
NAHC’s Sacred Lands File occur in or near the project site. The NAHC responded on May 1, 2017 that
the search of the sacred land files for the USGS quadrangle in which the project is located “provided
negative results” (citation). The NAHC did provide a list of Native American tribes with traditional
lands or cultural places in the project area that may have knowledge of cultural resources at the
project site. The Native American scoping did not identify any specific resources important to the
consulted groups in or near the project site. However, Patti Dunton of the Salinan Tribe of Monterey
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and San Luis Obispo Counties noted that the project site is sensitive for cultural resources and
requested an archaeological survey of the project area before and after the asphalt is removed. She
asked that if resources are identified that all further ground-disturbing areas be monitored by a
cultural resources specialist from the Salinan Tribe. Native American correspondence can be found
in Appendix C.
Paleontological Resources Methodology
Rincon Consultants paleontologists evaluated the paleontological sensitivity of the geologic units
present on the project site based on a review of existing information in the primary literature on
known fossils within those geologic units, review of previous geotechnical studies of the project site,
and consultation of the online database maintained by the University of California Museum of
Paleontology (UCMP) for fossil localities in San Luis Obispo County recorded from geologic units
present in the project site.
Rincon Consultants’ paleontologists assigned paleontological sensitivity to each geologic unit within
the project site. The potential for impacts to significant paleontological resources is based on the
potential for ground disturbance to directly impact paleontologically sensitive geologic units.
Paleontological sensitivity is defined by the Society of Vertebrate Paleontology (SVP).
The SVP broadly defines significant paleontological resources as follows (SVP 2010:11):
“Fossils and fossiliferous deposits consisting of identifiable vertebrate fossils, large or small,
uncommon invertebrate, plant, and trace fossils, and other data that provide taphonomic,
taxonomic, phylogenetic, paleoecologic, stratigraphic, and/or biochronologic information.
Paleontological resources are considered to be older than recorded human history and/or older
than middle Holocene (i.e., older than about 5,000 radiocarbon years).”
Significant paleontological resources are determined to be fossils or assemblages of fossils that are
unique, unusual, rare, diagnostically important, or are common but have the potential to provide
valuable scientific information for evaluating evolutionary patterns and processes, or which could
improve our understanding of paleochronology, paleoecology, paleophylogeography, or
depositional histories. New or unique specimens can provide new insights into evolutionary history;
however, additional specimens of even well represented lineages can be equally important for
studying evolutionary pattern and process, evolutionary rates, and paleophylogeography. Even
unidentifiable material can provide useful data for dating geologic units if radiocarbon dating is
possible. As such, common fossils (especially vertebrates) may be scientifically important, and
therefore considered highly significant.
The SVP (2010) describes sedimentary rock units as having high, low, undetermined, or no potential
for containing significant nonrenewable paleontological resources. This criterion is based on rock
units within which vertebrate or significant invertebrate fossils have been determined by previous
studies to be present or likely to be present. While these standards were specifically written to
protect vertebrate paleontological resources, all fields of paleontology have adopted these
guidelines:
I. HIGH POTENTIAL (SENSITIVITY)
Rock units from which significant vertebrate or significant invertebrate fossils or significant suites of
plant fossils have been recovered are considered to have a high potential for containing significant
non-renewable fossiliferous resources. These units include but are not limited to, sedimentary
formations and some volcanic formations which contain significant nonrenewable paleontological
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resources anywhere within their geographical extent, and sedimentary rock units temporally or
lithologically suitable for the preservation of fossils. Sensitivity comprises both (a) the potential for
yielding abundant or significant vertebrate fossils or for yielding a few significant fossils, large or
small, vertebrate, invertebrate, or botanical and (b) the importance of recovered evidence for new
and significant taxonomic, phylogenetic, ecologic, or stratigraphic data. Areas which contain
potentially datable organic remains older than Recent, including deposits associated with nests or
middens, and areas which may contain new vertebrate deposits, traces, or trackways are also
classified as significant.
II. LOW POTENTIAL (SENSITIVITY)
Sedimentary rock units that are potentially fossiliferous, but have not yielded fossils in the past or
contain common and/or widespread invertebrate fossils of well documented and understood
taphonomic, phylogenetic species and habitat ecology. Reports in the paleontological literature or
field surveys by a qualified vertebrate paleontologist may allow determination that some areas or
units have low potentials for yielding significant fossils prior to the start of construction. Generally,
these units will be poorly represented by specimens in institutional collections and will not require
protection or salvage operations. However, as excavation for construction gets underway it is
possible that significant and unanticipated paleontological resources might be encountered and
require a change of classification from Low to High Potential and, thus, require monitoring and
mitigation if the resources are found to be significant.
III. UNDETERMINED POTENTIAL (SENSITIVITY)
Specific areas underlain by sedimentary rock units for which little information is available are
considered to have undetermined fossiliferous potentials. Field surveys by a qualified vertebrate
paleontologist to specifically determine the potentials of the rock units are required before
programs of impact mitigation for such areas may be developed.
IV. NO POTENTIAL
Rock units of metamorphic or igneous origin are commonly classified as having no potential for
containing significant paleontological resources.
The loss of significant paleontological resources that meet the criteria outlined above would be
considered a significant impact under CEQA, and the CEQA lead agency is responsible for ensuring
that paleontological resources are protected in compliance with CEQA and other applicable
statutes.
Significance Thresholds
If a project may cause a substantial adverse change in the characteristics of a resource that convey
its significance or justify its eligibility for inclusion in the CRHR or a local register, either through
demolition, destruction, relocation, alteration, or other means, then the project is judged to have a
significant effect on the environment (CEQA Guidelines, §15064.5[b]). The following thresholds are
based on Appendix G of the CEQA Guidelines. Impacts would be significant if the project would:
Cause a substantial adverse change in the significance of a historical resource 1.
Cause a substantial adverse change in the significance of an archaeological resource 2.
Directly or indirectly destroy a unique paleontological resource or site or unique geologic 3.
feature
Disturb any human remains, including those interred outside of formal cemeteries 4.
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Cause a substantial adverse change in the significance of a tribal cultural resource, defined in 5.
Public Resources Code §21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or object
with cultural value to a California Native American tribe, and that is:
A. Listed or eligible for listing in the California Register of Historical Resources, or in a local
register of historical resources as defined in Public Resources Code §5020.1(k)
B. A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources
Code §5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code
§5024.1, the lead agency shall consider the significance of the resource to a California
Native American tribe
b. Project Impacts
Impact CR-1N-4 CONSTRUCTION OF THE PROJECT WOULD RESULT IN THE DEMOLITION OF TWO
STRUCTURES ON THE PROJECT SITE THAT ARE HISTORIC RESOURCES, AND ADVERSELY AFFECT THE DOWNTOWN
HISTORIC DISTRICT. THIS WOULD CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF
HISTORICAL RESOURCES AS DEFINED IN CEQA GUIDELINES §15064.5. THIS IMPACT WOULD BE CLASS I,
SIGNIFICANT AND UNAVOIDABLE.
The CEQA guidelines define direct impacts as direct or primary effects caused by a project at the
same place, and indirect impacts as affects caused by a project but occur at a different place. The
project proposes a number of actions, each of which will result in impacts to historical resources.
Table 6 summarizes each of the proposed project actions and the resulting type and level of impact
that would result to historical resources.
Table 6 Impacts to Historical Resources
Project Action Type of Impact Level of Impact
Demolition of 633 and 633½ Palm Street1 Direct Less than significant
Demolition of 610 Monterey Street Direct Significant
Demolition of 614 Monterey Street Direct Significant
New Construction Indirect/Direct Significant/Less than significant
1 As discussed above, based on the 2011 Cultural Resources Study, these structures were found to not meet the definition of historical
resources under CEQA.
Demolition of 633 and 633 ½ Palm Street
The project would result in the demolition of the buildings at 633 and 633 ½ Palm Street. Although
demolition of these buildings would be a direct impact, as discussed above, neither is considered a
historical resource as defined by CEQA. Both buildings were evaluated in 2011 and found to not
meet the definition of historical resources under CEQA and they are located outside the boundaries
of the Downtown Historic District. Thus, their demolition would not diminish the integrity of the
Downtown Historic District and would not constitute a significant impact on historical resources.
Demolition of 610 Monterey Street
The project would result in the demolition of the structure at 610 Monterey Street. As a
contributing resource to the Downtown Historic District, this property is a historical resource as
defined by CEQA. Demolition of this property is potentially inconsistent with Policies 3.3.1 and 3.3.2
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of the City’s Conservation and Open Space Element of the General Plan, and would be considered a
significant adverse impact under CEQA.
Demolition of 614 Monterey Street
The project would result in the demolition of the structure at 614 Monterey Street. As both a
contributing resource to the Downtown Historic District and a property that was found individually
eligible for local designation in 2011, this property is a historical resource as defined by CEQA.
Demolition of this property is potentially inconsistent with Policies 3.3.1 and 3.3.2 of the City’s
Conservation and Open Space Element of the General Plan, and would be considered a significant
adverse impact under CEQA.
New Construction
The project has the potential to result in direct and indirect impacts to historical resources,
specifically the Downtown Historic District, the adjacent locally-designated Hays-Lattimer Adobe
located at 638-642 Monterey Street, and the locally-designated Harmony Creamery at 991 Nipomo
Street.
In consideration of these potential impacts this analysis follows the guidance of the City of San Luis
Obispo’s Historic Preservation Program Guidelines, which states “construction in historic districts
and on properties that contain listed historic resources shall conform with the goals and policies of
the General Plan, the Historic Preservation Ordinance, these Guidelines, the Community Design
Guidelines, any applicable specific or area plan, and the Secretary of the Interior’s Standards for the
Treatment of Historic Properties (City of San Luis Obispo 2010:6). The City of San Luis Obispo’s
Historic Preservation Program Guidelines state “new structures in historic districts shall be designed
to be architecturally compatible with the district’s prevailing historic character as measured by their
consistency with the scale, massing, rhythm, signature architectural elements, exterior materials,
siting, and street yard setbacks of the districts historic structures” (City of San Luis Obispo 2010:7).
Further guidance is provided in the Secretary of the Interior’s Standards for the Treatment of Historic
Properties, which is recognized by CEQA as mitigating potential adverse impacts caused by a project
to below the level of significance. According to the Secretary of the Interior’s Standards, new
construction in or near historic properties, including districts, should be differentiated but
compatible; attention should be devoted to ensuring that the new construction is complementary
to the historic property but does not create a false sense of history by imitating or replicating a
historic building or property. The Secretary of the Interior’s Standards include setting, in terms of
the character of the surrounding environment, as a character-defining feature that weighs in the
analysis of a resource’s retention of historic integrity.
The proposed project would adversely affect the Downtown Historic District by inserting a new
visual feature that is inconsistent with the height, scale, and massing of the resources that
characterize the historic district. As described in the setting above, these resources within the
district are primarily one to two stories in height and 50 to 75 feet in width. Although the
commercial space and non-profit theater would be 41 to 43 feet high, the maximum height of the
project would be 50 feet. The project would also have an approximately 200 x 200 square foot floor
area. This is substantially taller and wider than the other adjacent historic resources, and would
interrupt the rhythm and overall setting of the district. The parking structure and commercial space
would be designed in a Spanish Colonial architectural style that is compatible with the surrounding
historic properties; however, the theater would be Modernistic in style. The project would be visible
from the contributing properties along Dana Street, adjacent Hays-Lattimer adobe, and Harmony
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Creamery, and the visual impacts of the project may reach as far as the Dr. George B. Nichols House
at 664 Monterey Street, the Carnegie Library at 696 Monterey Street, and the San Luis Obispo de
Tolosa Mission, all Master List Properties.
Since the designation of the Downtown Historic District in 1987, Nipomo Street between Higuera
and Palm streets has sustained several other changes to historic character. Three buildings were
removed (one relocated outside of the district) for the creation of the existing parking area at Palm
and Nipomo street in 1997. The new Children’s Museum at the corner of Nipomo and Monterey
streets is modern in appearance and inconsistent with the architecture of the surrounding
properties. The new Soda Water Works building was also constructed with a modern appearance.
Both of these properties are inside the Downtown Historic District boundaries but are no longer
contributing resources.
The project would further result in direct impacts to the Downtown Historic District by removing
two contributing structures and introducing new, nonconforming structures. This would physically
and visually disconnect the contributing historic resources on Dana Street5 from the remainder of
the district to the east, resulting in a loss of integrity of the historic district. The proposed project
would also interrupt the transition from commercial to residential that occurs in this area of the
historic district, which is a physical characteristic of the district that helps conveys the reasons for its
significance. As a result, the proposed project would result in a significant adverse impact to the
Downtown Historic District.
As described above, the Hays-Lattimer adobe is located immediately adjacent to the east of the
project site and is a historical resource for the purposes of CEQA. Project construction activities
would generate groundborne vibration that has the potential to result in damage to the historic
adobe building. The Federal Transit Administration (FTA) thresholds for damage to fragile historic
buildings, state that vibration impacts would be significant if vibration exceeds 88 VdB. As discussed
in Section 4.3, Noise, the project would not generate vibration levels higher than 87 VdB at a
distance of 25 feet. The adobe structure is approximately 60 feet from where construction of the
nearest structure would occur. Direct impacts to the Hays-Lattimer adobe from groundborne
vibration would therefore be less than significant.
As noted above, the Secretary of the Interior’s Standards include setting, in terms of the character of
the surrounding environment, as a character-defining feature that weighs in the analysis of a
resource’s retention of historic integrity. The setting of the Hays-Lattimer and Harmony Creamery is
consistent with the larger Downtown Historic District and is characterized by one to two-story
buildings that are approximately 50 to 75 feet wide. Although the commercial building along
Nipomo Street and the theater along Monterey Street would be lower (approximately 41 to 43 feet
tall) than the parking structure, the proposed project as a whole is substantially larger in its scale,
massing, and height and would alter the surrounding setting of both historical resources. Although
this change would negatively affect their historic integrity, both would continue to convey the
reasons for their significance. Indirect impacts to the Hays-Lattimer adobe and Harmony Creamery
would therefore be less than significant.
Mitigation Measures
The following mitigation measure is required.
5 The Dana Street group is a small subsection of residential properties within the otherwise commercial Downtown Historic Distr ict, which
is representative of the early residential settlement of downtown San Luis Obispo and contributes to the significance of the district.
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Final Environmental Impact Report 75
CR-1 Historic Building Documentation Packages
Impacts to historical resources shall be minimized through the preparation of archival historic
building documentation packages for both 610 and 614 Monterey Street. Prior to issuance of
demolition permits, the City of San Luis Obispo shall ensure that documentation of both properties
is completed in the form of a Historic American Building Survey (HABS)-Like documentation that
shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering
Documentation (NPS 1990). The documentation shall generally follow the HABS Level III
requirements and include high-quality digital photographic recordation of the buildings and their
overall setting, detailed historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural
History (NPS 1983). Individual archival documentation packages shall be completed for both
properties and offered as donated material to the San Luis Obispo Library and the History Center of
San Luis Obispo County, where it would be available to local researchers.
PLAN REQUIREMENTS AND TIMING
The City shall complete archival documentation of the 610 and 614 Monterey Street properties to
the issuance of project grading permits.
MONITORING
The Community Development Director shall confirm completion of and approve the archival
documentation. The City shall confirm submittal of the documentation to the History Center of San
Luis Obispo County and the San Luis Obispo County Library.
Significance After Mitigation
Mitigation Measure CR-1 would reduce impacts to historical resources to the greatest extent
possible; however, this measure would not eliminate the permanent impacts to the identified
historic resources, and no other feasible mitigation measures are available. Therefore, the project
would result in a significant and unavoidable impact to historic resources.
Impact CR-2N-5 CONSTRUCTION OF THE PROJECT WOULD RESULT IN GROUND DISTURBANCE THAT COULD
CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF AN ARCHAEOLOGICAL RESOURCE AS
DEFINED IN CEQA GUIDELINES 15064. THIS IMPACT WOULD BE CLASS II, SIGNIFICANT BUT MITIGATABLE.
The project site is currently developed with an asphalt parking lot and residential structures. During
archaeological testing conducted in 1996 and 1999, subsurface historical archaeological materials
were identified in the 0.5-acre surface parking lot at the corner of Palm and Nipomo streets within
the project site. During the survey conducted for the project in 2011, historic-period debris was
observed in the small amount of exposed native soils along Monterey Street. Additionally, similar
work in the project vicinity has shown that subsurface archaeological deposits exist throughout the
city. Approximately 0.125 mile (660 feet) from the project site, trenches uncovered a mission-era
midden containing a significant Native American deposit and it is unclear whether that deposit
extends to the project site. Based on the results of work within the project site and the vicinity, it is
likely that additional remains related to the mission and post-mission occupation of the area are
present. Additional intact subsurface deposits may be present. Therefore, construction of the
project could damage or destroy archeological resources. Impacts to such resources would be
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potentially significant and mitigation would be required to ensure that any discovered
archaeological resources would be protected and curated if encountered during project
construction activities.
Mitigation Measures
The following mitigation measures would reduce potential impacts to archaeological resources to a
less than significant level.
CR-2(a) Retain a Qualified Principal Investigator
A qualified principal investigator, defined as an archaeologist who meets the Secretary of the
Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be
retained to carry out all mitigation measures related to archaeological resources.
CR-2(b) City of San Luis Obispo Consolidated Approach for
Archaeological Investigations
Mitigation of archaeological resources within the project area shall follow the Consolidated
Approach as outlined in the City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines. The Consolidated Approach shall include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist and submitted for written approval to the
City’s Community Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3) fieldwork after the
removal of pavement consisting of a Phase I inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of special studies, such
as faunal analysis, if appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in accordance with
current professional standards and submitted to the Director.
CR-2(c) Archaeological Monitoring
An archaeological monitor shall be present for all project-related ground-disturbing construction
activities. The monitor(s) shall be onsite on a full-time basis during earthmoving activities within
native soils, including grading, trenching, vegetation removal, or other excavation activities. Under
consultation between the qualified archaeologist and the City, monitoring may be reduced or
eliminated based on observed conditions.
CR-2(d) Unanticipated Discovery of Archaeological Resources
In the event that cultural resources are encountered during the implementation of Mitigation
Measures CR-2(b) or CR-2(c), all work shall be halted in the vicinity of the discovery until a qualified
archaeologist can assess the significance of the resource. If the resources are found to be significant,
they must be avoided or mitigated pursuant to the qualified archaeologist’s direction and the
testing plan outlined under Mitigation Measure CR-2(b). Mitigation may involve preservation in
place or documentation and excavation of the resource. A report by the archaeologist evaluating
the find and identifying mitigation actions taken shall be submitted to the City.
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PLAN REQUIREMENTS AND TIMING
The City shall retain a qualified archaeologist prior to the issuance of demolition and grading
permits. The qualified archaeologist shall prepare and submit the Research Design and Testing and
Mitigation Plan prior to the issuance of demolition and grading permits. All fieldwork conducted
under the consolidated approach must be completed prior to the issuance of grading permits. The
requirement that ground disturbance be observed by an archaeological monitor and that
construction work be stopped in the event of discovery of archaeological resources shall be included
on construction plans prior to the issuance of grading permits.
MONITORING
The City shall review construction plans and periodically inspect project construction to ensure
compliance with this measure.
Significance After Mitigation
Impacts to archaeological resources would be less than significant with incorporation of mitigation
measures CR-2(a) through CR-2(d).
Impact CR-3N-6 CONSTRUCTION OF THE PROJECT WOULD RESULT IN GROUND DISTURBANCE THAT COULD
INDIRECTLY OR DIRECTLY DESTROY A UNIQUE PALEONTOLOGICAL RESOURCE. THIS IMPACT WOULD BE CLASS II,
SIGNIFICANT BUT MITIGABLE.
According to mapping by Dibblee and Minch (2004), the project site consists of younger Quaternary
alluvium that dates to the Holocene. These sediments consist of gravel and sand deposited over the
last 10,000 years by local rivers (Dibblee and Minch, 2004). Geotechnical studies have supported
this mapping, and further detailed depths of 25-44 feet to bedrock, the Mesozoic Franciscan
Melange, throughout the project site (Earth Systems Pacific 2011). Furthermore, Earth Systems
Pacific (2011) documented some parts of the project site where artificial fill was present in the
subsurface to depths of 3 and 5 feet. It should be noted that fill was only documented in two of the
eight boreholes across the site, and was not present in the others (Earth Systems Pacific 2011).
Using these data, as well as the paleontological literature review presented above, Rincon
Consultants’ paleontologists assigned SVP paleontological sensitivities to geologic units likely to be
impacted by construction in the project site. It should be noted that while the Franciscan Melange
has high sensitivity, it is deep enough (20 to 44 feet) that it should not be impacted by the
anticipated depths of ground disturbance (14 feet).
Artificial Fill
As a product of manmade activities, artificial fill has no paleontological sensitivity.
Quaternary Alluvium
As discussed above, Pleistocene-aged alluvial sediments have preserved fossil resources throughout
California, including San Luis Obispo County. While the Quaternary alluvium mapped in the project
area is too young to preserve fossils in the upper layers, it increases with age in depth. Therefore,
deeper levels may be of an appropriate age to preserve fossil resources. Quaternary alluvium is thus
assigned a low-to-high paleontological sensitivity, increasing with depth. While the exact depth at
which this transition occurs has not been established for the project area, 10 feet is a reasonable
estimate.
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Because project construction has the potential to disturb sensitive geologic units, impacts would be
potentially significant.
Mitigation Measures
The following mitigation measures would reduce potential impacts to paleontological resources to a
less than significant level.
CR-3(a) Retain a Qualified Project Paleontologist
A qualified project paleontologist, defined as a paleontologist who meets the standards of the SVP
(2010), shall be retained to carry out all mitigation measures related to paleontological resources.
CR-3(b) Paleontological Worker Environmental Awareness Program
(WEAP)
Prior to the start of construction, the project paleontologist or his or her designee shall conduct
training for construction personnel regarding the appearance of fossils and the procedures for
notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be
fulfilled at the time of a preconstruction meeting at which a qualified paleontologist shall attend.
CR-3(c) Paleontological Monitoring
Ground-disturbing construction activities (including grading, trenching, foundation work, and other
excavations) in previously undisturbed sediments that exceed 10 feet in depth shall be monitored
on a full-time basis during initial ground disturbance. Monitoring shall be conducted by a qualified
paleontological monitor, who is defined as an individual who has experience with collection and
salvage of paleontological resources and meets the minimum standards of the SVP (2010). The
duration and timing of the monitoring will be determined by the project paleontologist and the
location and extent of proposed ground disturbance. If the project paleontologist determines that
full-time monitoring is no longer warranted, based on the specific geologic conditions at the surface
or at depth, the project paleontologist may recommend that monitoring be reduced to periodic
spot-checking or cease entirely. Monitoring is not necessary in artificial fill or for activities that do
not reach 10 feet in depth.
CR-3(d) Fossil Discoveries
In the event of a fossil discovery by the paleontological monitor or construction personnel, all work
in the immediate vicinity of the find shall cease. The project paleontologist shall evaluate the find
before restarting construction activity in the area. If it is determined that the fossil(s) is (are)
scientifically significant, the project paleontologist shall complete the following conditions to
mitigate impacts to significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor) should recover
significant fossils following standard field procedures for collecting paleontological resources, as
described by the SVP (2010). Typically, fossils can be safely salvaged quickly by a single
paleontologist and not disrupt construction activity. In some cases larger fossils (such as
complete skeletons or large mammal fossils) require more extensive excavation and longer
salvage periods. In this case the paleontologist should have the authority to temporarily direct,
divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and
timely manner.
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Cultural and Tribal Cultural Resources
Final Environmental Impact Report 79
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils should be
identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and
curated in a scientific institution with a permanent paleontological collection (such as the
University of California Museum of Paleontology), along with all pertinent field notes, photos,
data, and maps. Fossils of undetermined significance at the time of collection may also warrant
curation at the discretion of the project paleontologist.
Significance After Mitigation
Mitigation Measures CR-3(a) through CR-3(d) would reduce the potential impacts to paleontological
resources to a less than significant level.
Impact CR-4N-7 NO TRIBAL CULTURAL RESOURCES WERE IDENTIFIED WITHIN THE PROJECT SITE, BUT AREA
IS GENERALLY CONSIDERED SENSITIVE FOR CULTURAL RESOURCES. THIS IMPACT WOULD BE CLASS III, LESS THAN
SIGNIFICANT.
Native American consultation efforts completed by the City pursuant to the requirements AB 52 and
SB 18. The efforts under SB 18 and AB 52 did not identify specific tribal cultural resources within the
project area; however, it did identify the project site as sensitive, consistent with the results of the
Cultural Resources Study. As a result of the general cultural resources sensitivity of the area, Patti
Dunton of the Salinan Tribe of Monterey and San Luis Obispo Counties requested that fieldwork be
conducted at the project area after the removal of pavement and that project-related ground
disturbance be observed by a Salinan tribal monitor. As no tribal cultural resources were identified
or known to exist in the project area, the project would result in a less than significant impact on
tribal cultural resources.
Mitigation Measures
No mitigation measures are required.
Significance After Mitigation
No mitigation measures are required. Impacts are less than significant.
Impact CR-5N-8 GROUND-DISTURBING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF THE PROJECT
HAS THE POTENTIAL TO DISTURB UNIDENTIFIED HUMAN REMAINS. THIS IMPACT WOULD BE CLASS II, SIGNIFICANT
BUT MITIGABLE.
Unanticipated discovery of human remains during project excavation would require compliance
with Health and Safety Code §7050.5 and Cal. Public Res. Code Sections 5097.94 and 5097.98. Cal.
Public Res. Code §5097.98 also addresses the disposition of Native American burials, protects such
remains, and established the Native American Heritage Commission to resolve any related disputes.
Compliance with Health and Safety Code §7050.5 and Cal. Public Res. Code §§ 5097.94 and 5097.98
would ensure that unanticipated discovery of human remains during project excavation, including
those interred outside of formal cemeteries, would be addressed appropriately by the County
Coroner and NAHC (if required).
Mitigation Measures
Compliance with existing regulations and mitigation measure CR-2(d) would ensure that potential
impacts to human remains and burial grounds would be less than significant.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
80
Significance After Mitigation
Impacts to human burial grounds would be less than significant with implementation of mitigation
measure CR-2(d).
c. Cumulative Impacts
Planned buildout of the City of San Luis Obispo under the General Plan would cumulatively increase
the potential for adverse effects on cultural and tribal cultural resources in the city. The project
would incrementally contribute to this cumulative effect. Impacts to cultural and tribal cultural
resources are generally site-specific. Accordingly, as required under applicable laws and regulations,
potential impacts associated with cumulative developments would be addressed on a case-by-case
basis.
The proposed project, as well as other cumulative projects in the city, would be required to comply
with existing state and local regulations described in Section 4.2.1(b), Regulatory Setting, which
address the protection of cultural and tribal cultural resources in the city. As described under
Impacts CR-2, CR-3, and CR-5, with implementation of required mitigation, the project would reduce
potential impacts to archaeological and/or paleontological resources to less than significant levels.
In addition, as described in Impact CR-4, the project would result in a less than significant impact on
tribal cultural resources. Therefore, the project would not contribute substantially to the cumulative
loss of archaeological, paleontological, or tribal cultural resources in the city.
However, as described in Impact CR-1, the project would result in a significant and unavoidable
impact associated with the removal of two historic structures that are part of the Downtown
Historic District. The project would also result in a significant and unavoidable impact on the
Downtown Historic District. Mitigation measure CR-1 would reduce the project’s impacts to
historical resources to the greatest extent possible; however, this measure would not eliminate the
permanent cumulative or individual impacts to the identified historic resources, and no other
feasible mitigation measures are available. As such, the project would contribute to the cumulative
loss of historic resources in the city. This would be a Class I, significant and unavoidable, cumulative
impact to historical resources.
Cultural Arts District Parking Structure Project
Phase 1B & Phase 2 Mitigation and Monitoring Plan
prepared for
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
prepared by
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
November 2022
Please cite this report as follows:
Montgomery, Courtney, Ashley Losco, Ken Victorino, Christopher Duran, Christopher Bersbach, and
Shawn Decker
2022 Cultural Arts District Parking Structure Project Phase 1B & Phase 2 Mitigation and Monitoring
Plan, San Luis Obispo County, California. Rincon Consultants Project No. 22-12836. Report on file at
Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93001
Table of Contents
Phase 1B & Phase 2 Mitigation and Monitoring Plan i
Table of Contents
1 Introduction ....................................................................................................................................1
Project Location and Description ..................................................................................... 10
Environmental Resource Sensitivity ................................................................................ 10
2 Plan Check Requirements ............................................................................................................ 15
3 Monitoring Requirements ........................................................................................................... 21
4 Archaeological Testing Requirements ......................................................................................... 24
5 Resource Discovery Plan .............................................................................................................. 25
Discovery of Archaeological Resources ........................................................................... 25
Discovery of Human Remains .......................................................................................... 26
Discovery of Paleontological Resources .......................................................................... 26
6 Reporting of Monitoring Results and Curation Finds .................................................................. 27
Reporting of Archaeological Monitoring Results ............................................................. 27
Curation of Archaeological Finds ..................................................................................... 27
Reporting of Paleontological Monitoring Results ............................................................ 27
Curation of Paleontological Resources ............................................................................ 28
7 References ................................................................................................................................... 29
Figures
Figure 1 Project Location Depicted on Topographic Background ................................................. 11
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 1
1 Introduction
Rincon Consultants, Inc. (Rincon) was retained by the City of San Luis Obispo (City) to provide
Mitigation Monitoring and Reporting Program (MMRP) compliance services in support of Phase 1B
and Phase 2 of the Cultural Arts District Parking Structure Project (formerly known as the Palm
Nipomo Parking Structure) in San Luis Obispo, California. The Mitigation and Monitoring Plan (MMP)
will address the details, timing, and responsibility of all required mitigation monitoring activities.
The current Phase 1A of the Cultural Arts District Parking Structure Project (project) consists of
undergrounding existing dry utilities in preparation for the main phases of construction. Phase 1B
consists of demolition and Phase 2 consists of site preparation and construction of the parking
structure and surrounding site improvements. Phase 1B and Phase 2 are subject to mitigation
requirements outlined in the Final EIR for the Palm Nipomo Parking Structure Project adopted by
the City Council in July 2018 (2018 Final EIR; City of San Luis Obispo 2018). The City intends to
submit for building permit approval for all project phases in 2022 and intends to commence Phase
1B in Spring 2023 and Phase 2 in Fall 2023.
This MMP was prepared by Rincon Consultants, Inc. (Rincon) in compliance with the Mitigation
Monitoring and Reporting Program prepared in support of the 2018 Final EIR for the Palm Nipomo
Parking Structure Project. The Mitigation Monitoring and Reporting Program includes the following
mitigation measures for Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology
and Soils, Hazards and Hazardous Materials, Historic Resources, Noise, Paleontological Resources,
and Transportation:
AESTHETICS/VISUAL RESOURCES
1. Prior to issuance of building permits, the applicant shall prepare and submit a
comprehensive lighting plan for Architectural Review Committee review and approval.
The lighting plan shall be consistent with the Municipal Code Night Sky Ordinance, and
prepared using guidance and best practices endorsed by the International Dark Sky
Association. The lighting plan shall address all aspects of the lighting, including but not
limited to all buildings, infrastructure, driveways, paths, plazas, safety, and signage.
The lighting plan must include identification of all types, sizes, and intensities of wall
mounted building lights and landscape accent lighting, and a photometric map must be
provided. The lighting plan shall include the following:
a. The point source of all exterior lighting shall be shielded from offsite views
b. Light trespass from exterior lights shall be minimized by directing light downward
and utilizing cut-off fixtures or shields
c. Lumination from exterior lights shall be the lowest level allowed by public safety
standards
d. Exterior lighting shall be designed to not focus illumination onto exterior walls
e. Any signage visible from offsite shall not be internally laminated
City of San Luis Obispo
Cultural Arts District Parking Structure Project
2
2. To minimize impacts on residential development in proximity to the project site, roof
and building materials shall be non-reflective, and shall be muted in hues consistent
with standards in the Community Design Guidelines, Section 6.1-C.
AIR QUALITY
3. Construction projects shall implement the following dust control measures so as to
reduce PM10 emissions in accordance with San Luis Obispo Air Pollution Control District
(SLOAPCD) requirements.
Reduce the amount of the disturbed area where possible
Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible following completion
of any soil disturbing activities
Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating, non-invasive grass
seed and watered until vegetation is established
All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph)
on any unpaved surface at the construction site
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible
All of these fugitive dust mitigation measures shall be shown on grading and
building plans
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 3
such persons shall be provided to the SLOAPCD Compliance Division prior to the
start of any grading, earthwork, or demolition.
4. The following standard air quality mitigation measures shall be implemented during
construction activities at the project site:
Maintain all construction equipment in proper tune according to manufacturer’s
specifications
Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation
Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by proving alternative
compliance
All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is not permitted
Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-powered equipment, where feasible
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel
5. The following BACT for diesel-fueled construction equipment shall be implemented
during construction activities at the project site, where feasible:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines where feasible
Repower equipment with the cleanest engines available
Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
6. To reduce ROG and NOX levels during the architectural coating phase, low or no VOC-
emission paint shall be used with levels of 50 g/L or less.
City of San Luis Obispo
Cultural Arts District Parking Structure Project
4
BIOLOGICAL RESOURCES
7. To avoid disturbance of nesting and special-status birds, activities related to the project,
including, but not limited to, vegetation removal, ground disturbance, and construction
and demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the breeding
season, then a pre-construction nesting bird survey shall be conducted no more than 3
days prior to initiation of ground disturbance and vegetation removal activities. The
nesting bird pre-construction survey shall be conducted within the Project Boundary,
including a 300-foot buffer (500-foot for raptors), on foot, and within inaccessible areas
(i.e., private lands) afar using binoculars to the extent practical. The survey shall be
conducted by a biologist familiar with the identification of avian species known to occur
in the area. If nests are found, an avoidance buffer (which is dependent upon the
species, the proposed work activity, and existing disturbances associated with land uses
outside of the site) shall be determined and demarcated by the biologist with bright
orange construction fencing, flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as to the existence of the buffer
zone and to avoid entering the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the avian biologist has confirmed
that breeding/nesting is completed and the young have fledged the nest. Encroachment
into the buffer shall occur only at the discretion of the qualified biologist.
CULTURAL RESOURCES
8. A qualified principal investigator, defined as an archaeologist who meets the Secretary
of the Interior’s Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to
archaeological resources.
9. Mitigation of archaeological resources within the project area shall follow the
Consolidated Approach as outlined in the City of San Luis Obispo Archaeological
Resource Preservation Program Guidelines. The Consolidated Approach shall include (1)
the preparation of a Research Design and Mitigation Plan prepared by the qualified
archaeologist and submitted for written approval to the City’s Community Development
Director (Director), which shall include but not be limited to the research design,
laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3)
fieldwork after the removal of pavement consisting of a Phase I inventory, Phase 2
Testing and Evaluation, and Phase 3 Data Recovery aimed at locating archaeological
remains, evaluating their significance and integrity, and mitigating impacts through data
recovery excavation; (4) the completion of special studies, such as faunal analysis, if
appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in
accordance with current professional standards and submitted to the Director.
10. An archaeological monitor shall be present for all project-related ground-disturbing
construction activities. The monitor(s) shall be onsite on a full-time basis during
earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the
City, monitoring may be reduced or eliminated based on observed conditions.
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 5
11. In the event that cultural resources are encountered during the implementation of
Mitigation Measures 9 or 10, all work shall be halted in the vicinity of the discovery until
a qualified archaeologist can assess the significance of the resource. If the resources are
found to be significant, they must be avoided or mitigated pursuant to the qualified
archaeologist’s direction and the testing plan outlined under Mitigation Measure 9.
Mitigation may involve preservation in place or documentation and excavation of the
resource. A report by the archaeologist evaluating the find and identifying mitigation
actions taken shall be submitted to the City
GEOLOGY AND SOILS
12. Once the final maximum loads of the project have been determined, a design-level
geotechnical report shall be prepared that identifies the most appropriate geotechnical
improvements to onsite soils, the foundation, and parking structure to minimize
expansive soil hazards. Recommendations could include, but are not limited to the
following:
Use imported non-expansive materials combined with pre-moistening of the soils to
provide protection for slabs and flatwork
Provide a layer of non-expansive material 18 to 24 inches thick
Use post-tensioned slabs-on-grade
Implement shoring methods, such as shotcrete-faced soil nail walls, tangent drilled
caissons, whaler-braced retaining walls, and steel I-beam and lagging walls
Use over-excavation and recompaction
Utilize a deep foundation system, such as caissons or rammed aggregate piers
A certified soils engineer shall be retained for monitoring during construction of the
project. The certified soils engineer shall also provide any necessary soil testing
during construction, to ensure compliance with the design-level geotechnical
report, and to provide site-specific guidance as subsurface materials are
encountered.
HAZARDS AND HAZARDOUS MATERIALS
13. Prior to issuance of grading permits, additional soil samples testing for total petroleum
hydrocarbons shall be performed. A work plan shall be completed to address the
sampling protocols to be followed, as well as the number of samples to be taken and
the chemical analysis required. Upon City of San Luis Obispo approval, the work plan
shall be implemented and the results of the soil sampling shall be forwarded to the City
of San Luis Obispo. The City shall review the data to determine if any additional
investigation or remedial activities are deemed necessary. No work shall resume in that
area until the lead local regulatory agency has provided written authorization that the
area does not warrant any additional action.
If concentrations of contaminants warrant remediation, contaminated materials shall be
remediated either prior to or concurrent with construction. Remediation shall generally
include a management plan which establishes design and implementation of
remediation. Cleanup may include excavation, disposal, bio-remediation, or any other
City of San Luis Obispo
Cultural Arts District Parking Structure Project
6
treatment of conditions subject to regulatory action. All necessary reports, regulations
and permits shall be followed to achieve cleanup of the site. The contaminated
materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the direction of the lead oversight
agency. The remediation program shall also be approved by the San Luis Obispo Fire
Department. All proper waste handling and disposal procedures shall be followed. Upon
completion of the remediation, the environmental consultant shall prepare a report
summarizing the project, the remediation approach implemented, and the analytical
results after completion of the remediation, including all waste disposal or treatment
manifests.
HISTORICAL RESOURCES
14. Impacts to historical resources shall be minimized through the preparation of archival
historic building documentation packages for both 610 and 614 Monterey Street. Prior
to issuance of demolition permits, the City of San Luis Obispo shall ensure that
documentation of both properties is completed in the form of a Historic American
Building Survey (HABS)-Like documentation that shall comply with the Secretary of the
Interior’s Standards for Architectural and Engineering Documentation (NPS 1990). The
documentation shall generally follow the HABS Level III requirements and include high-
quality digital photographic recordation of the buildings and their overall setting,
detailed historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or historian
who meets the Secretary of the Interior’s Professional Qualification Standards for
History and/or Architectural History (NPS 1983). Individual archival documentation
packages shall be completed for both properties and offered as donated material to the
San Luis Obispo Library and the History Center of San Luis Obispo County, where it
would be available to local researchers. Completion of this mitigation measure shall be
monitored and enforced by the lead agency.
NOISE
15. Construction vehicles and haul trucks shall utilize roadways which avoid residential
neighborhoods and sensitive receptors where possible. The applicant shall submit a
proposed construction vehicle and hauling route for City review and approval prior to
grading/building permit issuance. The approved construction vehicle and hauling route
shall be used for all construction vehicles and hauling trips during the duration of
construction.
16. Except for emergency repair of public service utilities or where an exception is issued by
the Community Development Department, no operation of tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall occur daily between
the hours of 7:00 PM and 7:00 AM, or anytime on Sundays, holidays, or after sunset,
where that operation creates a noise disturbance that exceeds 75 dBA for single family
residential, 80 dBA for multi-family residential, and 85 dBA for mixed
residential/commercial land uses across a residential or commercial property line for a
maximum of 10 days. For construction activities lasting more than 10 days, noise from
construction equipment shall not exceed 60 dBA for single family residential, 65 dBA for
multi-family residential, and 70 dBA for mixed residential/commercial land uses across a
residential or commercial property line.
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 7
17. For all construction activity at the project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in accordance with the City of San
Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall
include:
Sound blankets on noise-generating equipment Stationary construction
equipment that generates noise levels above 60 dBA at the project boundaries shall
be shielded with barriers that meet a sound transmission class (a rating of how well
noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers
For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities
Electrical power shall be used to power air compressors and similar power tools
The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the
hours between 7:00 AM and 7:00 PM, Monday through Saturday and no movement
of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day)
Temporary sound barriers shall be constructed between construction sites and
affected uses
18. The contractor shall inform residents and business operators at properties within 300
feet of the project site of proposed construction timelines and noise complaint
procedures to minimize potential annoyance related to construction noise. Proof of
mailing the notices shall be provided to the Community Development Department
before the City issues a zoning clearance. Signs shall be in place before beginning of and
throughout grading and construction activities. Noise-related complaints shall be
directed to the City’s Community Development Department.
19. Prior to the issuance of grading permits, the City of San Luis Obispo shall review and
coordinate the construction schedules of any other projects within 300 feet of the
project to ensure that construction schedules do not overlap.
PALEONTOLOGICAL RESOURCES
20. A qualified project paleontologist, defined as a paleontologist who meets the standards
of the SVP (2010), shall be retained to carry out all mitigation measures related to
paleontological resources.
21. Prior to the start of construction, the project paleontologist or his or her designee shall
conduct training for construction personnel regarding the appearance of fossils and the
procedures for notifying paleontological staff should fossils be discovered by
construction staff. The WEAP shall be fulfilled at the time of a preconstruction meeting
at which a qualified paleontologist shall attend.
City of San Luis Obispo
Cultural Arts District Parking Structure Project
8
22. Ground-disturbing construction activities (including grading, trenching, foundation
work, and other excavations) in previously undisturbed sediments that exceed 10 feet in
depth shall be monitored on a full-time basis during initial ground disturbance.
Monitoring shall be conducted by a qualified paleontological monitor, who is defined as
an individual who has experience with collection and salvage of paleontological
resources and meets the minimum standards of the SVP (2010). The duration and
timing of the monitoring will be determined by the project paleontologist and the
location and extent of proposed ground disturbance. If the project paleontologist
determines that full-time monitoring is no longer warranted, based on the specific
geologic conditions at the surface or at depth, the project paleontologist may
recommend that monitoring be reduced to periodic spot-checking or cease entirely.
Monitoring is not necessary in artificial fill or for activities that do not reach 10 feet in
depth.
23. In the event of a fossil discovery by the paleontological monitor or construction
personnel, all work in the immediate vicinity of the find shall cease. The project
paleontologist shall evaluate the find before restarting construction activity in the area.
If it is determined that the fossil(s) is (are) scientifically significant, the project
paleontologist shall complete the following conditions to mitigate impacts to significant
fossil resources:
a. Salvage of Fossils. The project paleontologist (or paleontological monitor) shall
recover significant fossils following standard field procedures for collecting
paleontological resources, as described by the SVP (2010). Typically, fossils can be
safely salvaged quickly by a single paleontologist and not disrupt construction
activity. In some cases, larger fossils (such as complete skeletons or large mammal
fossils) require more extensive excavation and longer salvage periods. In this case
the paleontologist shall have the authority to temporarily direct, divert or halt
construction activity to ensure that the fossil(s) can be removed in a safe and timely
manner.
b. Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils
shall be identified to the lowest possible taxonomic level, prepared to a curation-
ready condition, and curated in a scientific institution with a permanent
paleontological collection (such as the University of California Museum of
Paleontology), along with all pertinent field notes, photos, data, and maps. Fossils of
undetermined significance at the time of collection may also warrant curation at the
discretion of the project paleontologist.
TRANSPORTATION
24. Prior to the issuance of each building permit, the construction contractor shall meet
with the Public Works department to determine traffic management strategies to
reduce, to the maximum extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this project. The construction
contractor will develop a Construction Traffic Management Plan for review and approval
by the Public Works department. The plan shall include at least the following items and
requirements:
A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 9
required, lane closure procedures, sidewalk closure procedures, signs, cones for
drivers, and designated construction access routes.
Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials, equipment, and vehicles (must
be located on the project site).
Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant.
Temporary construction fences to contain debris and material and to secure the
site.
Provisions for removal of trash generated by project construction activity.
A process for responding to and tracking complaints pertaining to construction
activity.
Provisions for monitoring surface streets used for truck routes so that any damage
and debris attributable to the trucks can be identified and corrected.
It is anticipated that this Construction Traffic Management Plan would be developed in
the context of a larger Construction Management Plan, which would address other
issues such as hours of construction onsite, limitations on noise and dust emissions, and
other applicable items.
25. Subject to approval of the Public Works Director, the City shall incorporate
improvements to the intersections of Dana Street/Nipomo Street and Monterey
Street/Nipomo Street to enhance pedestrian safety and accessibility. The improvements
shall be consistent with the City’s Circulation Element and Downtown Physical Concept
Plan (2017) and shall balance the needs of each mode of use. At a minimum the project
should consider:
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps across Nipomo Street from the northwest corner of Dana Street/Nipomo
Street to the southwest corner of the parking structure.
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps from the southeast corner of Monterey Street/Nipomo Street across Nipomo
Street.
Standard crosswalks, or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
City of San Luis Obispo
Cultural Arts District Parking Structure Project
10
If the Community Development Director or hearing body determines that the above mitigation
measures are ineffective or physically infeasible, they may add, delete, or modify the mitigation to
meet the intent of the original measures.
This MMP serves to comply, in part, with these mitigation measures by providing the standards and
methods for monitoring to occur during project implementation. This document outlines the steps
to be taken during unanticipated discoveries to mitigate potential significant impacts and provides
methods for determining if and when monitoring may be reduced or eliminated during the course
of project execution.
Project Location and Description
The project would remove of an existing 77-space surface parking lot and five existing residential
structures, and construct a five-level parking structure, commercial space, and non-profit theater on
five parcels, identified as Assessor’s Parcel Numbers (APNs) 002-412-001, 002-412-002, 002-412-
003, 002-412-004, 002-412-011, and 002-412-012. Main vehicular access to the structure would be
from Palm Street, with secondary access from Nipomo Street. Vehicle access would not be provided
from Monterey Street, but a direct pedestrian connection would be provided from the structure to
Monterey Street. The parking structure’s maximum height would be 50 feet, excluding elevator
towers. The maximum height of the commercial space would be 41 feet above existing grade. The
theater would be a three-story structure with a gross floor area of roughly 23,841 square feet. The
maximum height of the theater would be approximately 43 feet above existing grade. Section 2.5,
Project Characteristics, of the 2018 Final EIR provides a detailed description of the project.
The project site is depicted on the San Luis Obispo, California United States Geological Survey
(USGS) 7.5-minute topographic map (Figure 1). The project area is bounded on the northwest by
Palm Street, on the southwest by Nipomo Street, on the southeast by Monterey Street, and on the
northeast by existing residential development.
Environmental Resource Sensitivity
AESTHETICS/VISUAL RESOURCES BACKGROUND
The project site is located in the northwestern portion of the City’s designated Downtown Planning
Area, adjacent to the Downtown Core. The majority of the project site and adjacent parcels to the
east, south, and west are located within the City’s Downtown Historic District, which affects its
visual context along Monterey and Nipomo Streets. Because of the project site’s location in a
developed urban area, views of the project site are generally limited, with long-range views blocked
by existing development or vegetation. The utility poles and wires that surround and cross over the
site are another dominant visual feature of the project site. Elevations onsite range from 190 and
206 feet above mean sea level, and slopes are generally toward the northwest.
AIR QUALITY BACKGROUND
The South Coast Air Basin is in non-attainment for particulate matter (PM10), and the work area is
located within 1,000 feet of sensitive receptors, including Mission College Preparatory Academy,
existing residential units, and San Luis Obispo Children’s Museum). In accordance with the standards
of the San Luis Obispo Air Pollution Control District CEQA Handbook standard mitigation measures
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 11
Figure 1 Project Location Depicted on Topographic Background
City of San Luis Obispo
Cultural Arts District Parking Structure Project
12
are required during construction of the proposed utility improvements to reduce potential air
quality impacts below applicable thresholds of significance.
BIOLOGICAL BACKGROUND
The project site is currently developed with a surface parking lot, one detached garage, and five
residences, and is surrounded by urban land uses. The site does not provide suitable habitat for
wildlife or sensitive plant or animal species, or any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service. However, trees on the site may
support nesting birds protected under the Migratory Bird Treaty Act. The federal Migratory Bird
Treaty Act (16 United States Code Section 703-711) protects all migratory birds, their nests and eggs
against take, possession, or destruction. The MBTA was enacted in 1918 and is enforced by the U.S.
Fish and Wildlife Service. Abiding by the MBTA requires that active nests be avoided.
CULTURAL BACKGROUND
The current project is located in the City of San Luis Obispo in close proximity to the Mission San Luis
Obispo de Tolosa. In 2018, the City conducted an environmental impact report to determine the
potential environmental impacts for the Palm Nipomo Parking Structure Project (City of San Luis
Obispo 2018). As part of this analysis the City determined that the current project site was within an
archaeologically sensitive area; however, all portions of the project site are developed with
hardscaping and likely disturbed due to previous development. As such, a pedestrian survey or
archaeological testing was infeasible. Given the project is within areas determined to be sensitive
for archaeological resources and in accordance with the City’s Archaeological Resource Preservation
Program Guidelines, the project required archaeological monitoring during project-related ground
disturbing activities to mitigate potential impacts to cultural resources (City of San Luis Obispo 2018;
City of San Luis Obispo 2009).
GEOLOGY/SOILS BACKGROUND
The site is relatively flat with no significant slopes on or immediately adjacent to the site, and is not
subject to geological hazards including landslides and slope instability. The soils consist of alluvial
sediments overlying bedrock, with a potential for expansion. The soils are comprised of laterally
discontinuous zones of sandy clay, clay, and clayey gravel extending to depths of 25 to 40 feet below
the surface.
HAZARDS AND HAZARDOUS MATERIALS BACKGROUND
A hazardous materials assessment for the project site was prepared in April 2011 by Earth Systems
Pacific. Based on the results of a government database records search, the project site is not
included on a list of hazardous material sites compiled pursuant to Government Code Section
65962.5. Archived documents at the City of San Luis Obispo Fire Department indicate that the
previous use of the site as a welding/automobile repair shop contained several areas of oil-stained
soil, a dry well, and a hydraulic lift. It is unknown whether or not soil sampling was conducted at the
time of removal of these features and there is a potential that these or other undocumented buried
features would be encountered during excavation. Furthermore, soil samples taken in 2005 at three
and four feet indicate the presence of total petroleum hydrocarbons in quantities that exceed City
of San Luis Obispo Fire Department action levels.
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 13
HISTORICAL RESOURCES BACKGROUND
The project site is partially located within the locally designated City of San Luis Obispo Downtown
Historic District (historic district). The historical resources analysis conducted as part of the 2018
Final EIR indicated the presence of two properties in the project site that contribute to the historic
district, 610 and 614 Monterey Street; 614 Monterey Street has also been found individually eligible
for historical designation. Due to their designation as contributors to the historic district, and in the
case of 614 Monterey Street, its local eligibility, these properties are considered historical resources
under CEQA and would be demolished by the project. The 2018 Final EIR determined that, due to
the demolition of 610 and 614 Monterey Street, impacts to historical resources as a result of the
project would be significant and unavoidable. However, implementation of Mitigation Measure CR-1
is required to reduce impacts to historical resources to the greatest extent possible.
In addition to the direct impacts discussed above, the 2018 Final EIR analyzed the potential indirect
impacts to historical resources associated with the project, in particular to the locally-designated
Hays-Lattimer Adobe and Harmony Creamery. The 2018 Final EIR concluded that although the
project would negatively affect the historic integrity of the Hays-Lattimer Adobe and Harmony
Creamery, both would retain their ability to convey their significance and therefore, indirect impacts
would therefore be less than significant. Therefore, no mitigation additional mitigation is required.
NOISE BACKGROUND
The primary noise sources in the project area are from U.S. 101, light vehicle traffic along Palm
Street, Nipomo Street, and Monterey Street, and occasional noise from the Mission College
Preparatory school athletic field.
Noise-sensitive receptors closest to the project site include the following: single- and multi-family
residential units adjacent to the northeast project boundary; the San Luis Obispo Children’s
Museum located across Monterey Street, approximately 50 feet from the southeast project
boundary; the Reis Family Mortuary across Nipomo Street, approximately 50 feet from the western
project boundary; residential suites on the second story of the mixed-use development on the south
corner of the intersection of Dana Street and Nipomo Street, approximately 60 feet from the
southern project boundary; single-family residences located across Nipomo Street, approximately
90 feet from the western project boundary; and the Mission College Preparatory school athletic
field across Palm Street, approximately 75 feet from the northwest project boundary.
PALEONTOLOGICAL BACKGROUND
The project site and surrounding region was mapped at a scale of 1:24,000 by Dibblee and Minch
(2004), who identified a single geologic unit, Quaternary alluvium, underlying the project site. A
geotechnical report for the project found alluvium at the surface or below the artificial fill, reaching
a depth of 25 to 44 feet (Earth Systems Pacific 2011). Early Holocene and Pleistocene alluvial
sediments have produced scientifically significant fossils throughout California, including San Luis
Obispo County, yielding taxa such as mammoth (Mammuthus), mastodon (Mammut), horse (Equus),
bison (Bison), camel (Camelops), ground sloth (Paramylodon), and rodent (Sciuridae) (Jefferson et al.
1992; Jefferson 2010; Paleobiology Database 2022; University of California Museum of Paleontology
2022).
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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TRANSPORTATION BACKGROUND
Regional access to the project site is provided by U.S. 101, located west and north of the study area,
and Highway 1, which coincides with and is designated Santa Rosa Street (north of U.S. Highway
101) near the project site. All of the study area roadways are classified as Local Commercial streets
in the City’s General Plan Circulation Element.
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 15
2 Plan Check Requirements
The following outlines the mitigation requirements that shall be reflected on final plans and/or
project specifications.
1. Prior to issuance of building permits the Community Development Director or other City
compliance monitor shall confirm Architectural Review Committee review and approval of a
comprehensive lighting plan consistent with the Municipal Code Night Sky Ordinance, and
prepared using guidance and best practices endorsed by the International Dark Sky Association.
The lighting plan shall include:
Identification of all types, sizes, and intensities of wall mounted building lights and
landscape accent lighting
A photometric map
Shielding of point sources of all exterior lighting from offsite views
Directing light downward and cut-off fixtures or shields
Lumination from exterior lights at the lowest level allowed by public safety
standards
Exterior lighting design that does not focus illumination onto exterior walls
No internal illumination of any signage visible from offsite
2. Prior to issuance of building permits the Community Development Director or other City
compliance monitor shall review the final building plans to verify that roof and building
materials are non-reflective, and are muted in hues consistent with standards in the Community
Design Guidelines, Section 6.1-C.
3. Prior to issuance of grading permit the Community Development Director or other City
compliance monitor shall review the final grading plans to verify the following air quality
mitigation requirements are reflected in final plans or specifications (these requirements may
be developed in the context of a larger Construction Management Plan):
FUGITIVE DUST CONTROL REQUIREMENTS
Reduce the amount of the disturbed area where possible
Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible following completion
of any soil disturbing activities
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating, non-invasive grass
seed and watered until vegetation is established
All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph)
on any unpaved surface at the construction site
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible
All of these fugitive dust mitigation measures shall be shown on grading and
building plans
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of
such persons shall be provided to the SLOAPCD Compliance Division prior to the
start of any grading, earthwork, or demolition.
STANDARD CONTROL MEASURES FOR CONSTRUCTION EQUIPMENT
Maintain all construction equipment in proper tune according to manufacturer’s
specifications
Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation
Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by proving alternative
compliance
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 17
All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is not permitted
Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-powered equipment, where feasible
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) FOR CONSTRUCTION EQUIPMENT
Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines where feasible
Repower equipment with the cleanest engines available
Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
ARCHITECTURAL COATING
Low or no VOC-emission paint shall be used with levels of 50 g/L or less
4. Prior to issuance of grading and building permits the Community Development Director or other
City compliance monitor shall review and approve a design-level geotechnical report that
identifies the most appropriate geotechnical improvements to onsite soils, the foundation, and
parking structure to minimize expansive soil hazards.
5. Prior to issuance of grading and building permits the Community Development Director or other
City compliance monitor shall review the grading and building final plans to verify all
geotechnical improvements to onsite soils, the foundation, and parking structure identified in
the approved design-level geotechnical report are reflected on final grading and building plans.
6. Prior to issuance of grading permit the Community Development Director or other City
compliance monitor shall review and approve a work plan for soil sample testing for site
associated potential constituents of concern including metals, polycyclic aromatic hydrocarbons,
and total petroleum hydrocarbons. The work plan shall address the sampling protocols to be
followed, the number of samples to be taken, and the chemical analysis required. Upon City of
San Luis Obispo approval, the work plan shall be implemented and the results of the soil
sampling shall be forwarded to the City of San Luis Obispo. The City shall review the data to
determine if any additional investigation or remedial activities are deemed necessary. No work
shall resume in that area until the lead local regulatory agency has provided written
authorization that the area does not warrant any additional action.
If concentrations of contaminants warrant remediation or other special handling,
contaminated materials shall be remediated either prior to or concurrent with construction.
Impacted soil not requiring remediation would be excavated, stored, transported, and disposed
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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following a lead oversight agency approved soil management plan. If remediation of soil impacts
beyond the planned area of excavation is warranted, a remedial action plan may be required. All
necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The
contaminated materials shall be properly managed under the supervision of an environmental
consultant licensed to oversee such remediation and under the direction of the lead oversight
agency (likely San Luis Obispo County Public Health Environmental Health Services Division).
Permitting for the excavation of contaminated soil may also be required from the San Luis
Obispo Air Pollution Control District. The remediation or soil management program shall also be
approved by the San Luis Obispo City Fire Department. All proper waste handling and disposal
procedures shall be followed. Upon completion of the remediation or soil management
activities, the environmental consultant shall prepare a report summarizing the project, the
remediation approach or soil management implemented, and the analytical results, including all
waste disposal or treatment manifests. The remediation or management of impacted soil can be
performed concurrently with excavation for project construction. HAZWOPER certified workers
may be required.
7. Prior to issuance of demolition permits the Community Development Director or other City
compliance monitor shall review and approve archival historic building documentation packages
for both 610 and 614 Monterey Street that comply with the Secretary of the Interior’s Standards
for Architectural and Engineering Documentation (NPS 1990). The documentation shall follow
the Historic American Building Survey (HABS) Level III requirements and include high-quality
digital photographic recordation of the buildings and their overall setting, detailed historic
narrative report, and compilation of historic research.
The documentation shall be completed by a qualified architectural historian or historian who
meets the Secretary of the Interior’s Professional Qualification Standards for History and/or
Architectural History (NPS 1983). Individual archival documentation packages shall be
completed both properties and offered as donated material to the San Luis Obispo Library and
the History Center of San Luis Obispo County, where it would be available to local researchers.
Completion of this mitigation measure shall be monitored and enforced by the lead agency.
8. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review and approve a construction vehicle and hauling route that shall
be used for all construction vehicles and hauling trips during the duration of construction. (This
measure may be developed in the context of a larger Construction Management Plan.)
9. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review the final grading and building plans to verify the following
noise mitigation requirements are reflected in final plans or specifications (these requirements
may be developed in the context of a larger Construction Management Plan):
CONSTRUCTION WORK HOURS
Except for emergency repair of public service utilities or where an exception is
issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall
occur daily between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays,
holidays, or after sunset, where that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and
85 dBA for mixed residential/commercial land uses across a residential or
commercial property line for a maximum of 10 days. For construction activities
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 19
lasting more than 10 days, noise from construction equipment shall not exceed 60
dBA for single family residential, 65 dBA for multi-family residential, and 70 dBA for
mixed residential/commercial land uses across a residential or commercial property
line.
CONSTRUCTION EQUIPMENT NOISE MANAGEMENT TECHNIQUES
For all construction activity at the project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in accordance with the City of
San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
Sound blankets on noise-generating equipment Stationary construction
equipment that generates noise levels above 60 dBA at the project boundaries
shall be shielded with barriers that meet a sound transmission class (a rating of
how well noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers
For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities
Electrical power shall be used to power air compressors and similar power tools
The movement of construction-related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors shall be
limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday
and no movement of heavy equipment shall occur on Sundays or official
holidays (e.g., Thanksgiving, Labor Day)
Temporary sound barriers shall be constructed between construction sites and
affected uses
10. Prior to issuance of grading permits the Public Works Director or other City compliance monitor
shall review and coordinate the construction schedules of any other projects within 300 feet of
the project to ensure that construction schedules do not overlap.
11. Prior to issuance of zoning clearance the Community Development Director or other City
compliance monitor shall review and approve proof that the contractor has mailed notices to
residents and business operators at properties within 300 feet of the project site of proposed
construction timelines and noise complaint procedures to minimize potential annoyance related
to construction noise.
12. Prior to issuance of each building permit the Public Works Director or other City compliance
monitor shall review and approve a Construction Traffic Management Plan that identifies traffic
management strategies to reduce, to the maximum extent feasible, traffic congestion and the
effects of parking demand by construction workers during construction of this project. (This
measure may be developed in the context of a larger Construction Management Plan.)
The Construction Traffic Management Plan shall include:
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane
closure procedures, sidewalk closure procedures, signs, cones for drivers, and designated
construction access routes.
Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials, equipment, and vehicles (must
be located on the project site).
Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant.
Temporary construction fences to contain debris and material and to secure the
site.
Provisions for removal of trash generated by project construction activity.
A process for responding to and tracking complaints pertaining to construction
activity.
Provisions for monitoring surface streets used for truck routes so that any damage
and debris attributable to the trucks can be identified and corrected.
13. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review the grading and building final plans to verify required
improvements to the intersections of Dana Street/Nipomo Street and Monterey Street/Nipomo
Street are reflected on final grading and building plans. The required improvements shall be
consistent with the City’s Circulation Element and Downtown Physical Concept Plan (2017) and
shall balance the needs of pedestrian, bicycle, and vehicle modes of use. At a minimum the
required improvements shall include:
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps across Nipomo Street from the northwest corner of Dana Street/Nipomo
Street to the southwest corner of the parking structure.
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps from the southeast corner of Monterey Street/Nipomo Street across Nipomo
Street.
Standard crosswalks, or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
Additional plans requiring review and approval by the Community Development Director prior to
Encroachment Permit issuance include an archaeological monitoring plan consistent with the
requirements of the City’s Archaeological Resource Preservation Guidelines, which is incorporated
in this MMP as Section 3, Monitoring Requirements.
Monitoring Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 21
3 Monitoring Requirements
AIR QUALITY MITIGATION MONITORING REQUIREMENTS
Periodically during construction (minimum once per month) the City compliance monitor shell field
verify compliance with the Fugitive Dust Control Requirements, Standard Control Measures for
Construction Equipment, BACT for Construction Equipment, and Architectural Coating mitigation
requirements reflected in final plans and specifications. Periodic field monitoring shall continue until
the City compliance monitor has determined that the specific mitigation requirements have been
fully met and/or construction is complete.
BIOLOGICAL RESOURCES/NESTING BIRD MITIGATION MONITORING REQUIREMENTS
If construction activities related to the project, including, but not limited to, vegetation removal,
ground disturbance, and construction and demolition, must begin between February through
August, prior to initiation of construction activities the City compliance monitor shall ensure a
qualified biologist completes a pre-construction nesting bird survey no more than 3 days prior to
initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction
survey shall be conducted within the Project Boundary, including a 300-foot buffer (500-foot for
raptors), on foot, and within inaccessible areas (i.e., private lands) afar using binoculars to the
extent practical.
If nests are found, an avoidance buffer (which is dependent upon the species, the proposed work
activity, and existing disturbances associated with land uses outside of the site) shall be determined
and demarcated with bright orange construction fencing, flagging, construction lathe, or other
means to mark the boundary by the qualified biologist under the supervision of the City compliance
monitor. The City compliance monitor shall notify all construction personnel as to the existence of
the buffer zone and to avoid entering the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the qualified biologist has confirmed that
breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer
shall occur only at the discretion of the qualified biologist.
CULTURAL/ARCHAEOLOGICAL RESOURCES MITIGATION MONITORING REQUIREMENTS
In compliance with the 2018 Final EIR archaeological monitoring is required for all project-related
ground disturbance . All archaeological monitoring efforts shall be conducted under the direction of
an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for
archaeology (National Park Service [NPS] 1983; hereafter, Qualified Archaeologist).
Archaeological monitor(s) shall be onsite during all project-related earthmoving activities.
Earthmoving activities include, but are not limited to, vegetation removal, grading, excavation,
trenching, and all other excavation activities. During monitoring, the monitors shall examine the
work areas for the presence of prehistoric artifacts (e.g., chipped stone tools and production debris,
stone milling tools, ceramics), historic-period debris (e.g., metal, glass, ceramics), and/or soil
discoloration that might indicate the presence of a cultural midden.
Each monitor shall maintain a daily log documenting ground disturbing activity, work locations,
description and provenience of any archaeological discoveries (if any), and any necessary action
items for monitoring
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Cultural Arts District Parking Structure Project
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In the event of a find, the archaeological monitors retain the authority to temporarily halt and
redirect work until the resource(s) have been evaluated and the area cleared for construction
activities to recommence. If the archaeological resource is prehistoric in nature, a local Native
American group will be contacted to and given the opportunity consult with the City regarding the
find and provide recommendation. A Native American monitor will be retained for the remainder of
earth disturbing activities should a prehistoric resource be found during construction. Protocols in
the case of a find are discussed in greater detail in Section 4 below.
Monitoring shall continue until the Qualified Archaeologist, in coordination with the City (and Native
American monitor if present), has determined that the monitoring may be reduced or eliminated.
Reasons for reducing or eliminating monitoring may include but not be limited to observed field
conditions such as: soils that appear to lack any organic material (sterile), soils that are determined
to be not native to the area, areas found to be heavily disturbed by modern activities, or the
encounter of undisturbed hardpan/bedrock type soil conditions or depth of excavation (i.e., exceeds
a depth where cultural resources may reasonably be expected).
When/if culturally sterile soils are encountered during monitoring, the Qualified Archaeologist will
provide a written recommendation (via email or other method acceptable to the City) to reduce or
eliminate the monitoring effort. Should the City accept the recommendation, the reduction or
elimination will commence immediately upon approval.
NOISE MITIGATION MONITORING REQUIREMENTS
Prior to initiation of grading and construction activities the City compliance monitor shall field verify
signs are in place directing noise-related complaints to the City’s Community Development
Department.
Periodically during construction (minimum once per week) the City compliance monitor shall field
verify compliance with signage requirements, in addition to the Construction Work Hours and
Construction Equipment Noise Management Techniques mitigation requirements reflected in final
plans and specifications. Periodic field monitoring shall continue until the City compliance monitor
has determined that the specific mitigation requirements have been fully met and/or construction is
complete.
PALEONTOLOGICAL RESOURCES MITIGATION MONITORING REQUIREMENTS
In compliance with the 2018 Final EIR, paleontological monitoring is required during initial ground
disturbance of sediments deeper than 10 feet below surface, with the project paleontologist
(defined as an individual meeting the standards of a Qualified Professional Paleontologist per SVP
[2010]) modifying the monitoring schedule as appropriate (City of San Luis Obispo 2007).
Excavations that are less than 10 feet below the surface or are in previously disturbed sediments, do
not require monitoring. Monitoring will be conducted by a paleontological monitor (defined as an
individual meeting the standards of a Qualified Paleontological Monitor per the standards of the
SVP [2010]).
Monitoring will consist of the visual inspection of excavated or graded areas, trench and pit
sidewalls, and spoils piles.
Paleontological monitoring is documented in daily electronic monitoring logs, which at a minimum,
include a description of areas monitored, monitor name(s), a summary of monitoring activities, and
a description of the disturbed geologic units within a stratigraphic context. In paleontologically
sensitive areas, or in adjacent areas that can provide context for the geology and paleontology,
Monitoring Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 23
outcrops and cut exposures will be examined and observed geologic features will be recorded
when/if available.
The paleontological monitor will be equipped with hand tools and supplies (e.g., geological hammer,
shovel, pick, chisels, whisk broom, buckets, specimen bags, field notebook, forms, pens, markers,
and glue) to allow for the rapid salvage of fossil remains. At all times, the paleontological monitor
will wear the appropriate personal protective equipment in compliance with the on-site contractor
PPE work rules, including a hard hat, heavy footwear, sleeved shirt, long pants, safety glasses, and a
high-visibility safety vest.
In the event of a find, the paleontological monitor retains the authority to temporarily halt and
redirect work until the resource(s) have been evaluated and the area cleared for construction
activities to recommence. Monitoring shall continue until the project paleontologist, in
coordination with the City, has determined that the monitoring may be reduced or eliminated.
Reasons for reducing or eliminating monitoring may include but not be limited to observed field
conditions such as: soils that appear to lack any potential to encounter paleontological resources
(sterile), soils that are determined to be not native to the area, or areas found to be heavily
disturbed by modern activities.
When/if paleontologically sterile soils are encountered during monitoring, the project
paleontologist will provide a written recommendation (via email or other method acceptable to the
City) to reduce or eliminate the monitoring effort. Should the City accept the recommendation, the
reduction or elimination will commence immediately upon approval. If the construction schedule
changes or excavations begin in a new area, the project paleontologist may reinstate
paleontological monitoring.
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Cultural Arts District Parking Structure Project
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4 Archaeological Testing Requirements
In compliance with Mitigation Measure 9, “fieldwork after the removal of pavement consisting of a
Phase I inventory, Phase II Testing and Evaluation, and Phase III Data Recovery aimed at locating
archaeological remains, evaluating their significance and integrity, and mitigating impacts through
data recovery excavation; the completion of special studies, such as faunal analysis, if appropriate”
is required.
As part of mitigation, an extended Phase I of CA-SLO-2431H shall be conducted. If CA-SLO-2431H
contains subsurface cultural materials, the resource shall be evaluated for significance and eligibility
for listing in the CRHR through the implementation of a Phase II evaluation program. Phase II
evaluations shall include any necessary archival research to identify significant historical
associations as well as mapping of surface artifacts, collection of functionally or temporally
diagnostic tools and debris, and excavation of a sample of the cultural deposit to characterize the
nature of the sites, define the artifact and feature contents, determine horizontal boundaries and
depth below surface, and retrieve representative samples of artifacts and other remains. If the
resource is found eligible for listing on the NRHP, CRHR, or local register, a Phase III data recovery
program shall be conducted to mitigate the impacts to the resource if avoidance remains infeasible.
A data recovery program shall include the development of a site-specific research design, testing
program, laboratory analysis, and reporting with the intention of extracting data from the resource
to the point of redundancy.
Cultural materials collected from the sites shall be processed and analyzed in the laboratory
according to standard archaeological procedures. The age of archaeological resources shall be
determined using radiocarbon dating or other appropriate procedures; metal, ceramic, faunal
remains, and other cultural materials shall be identified and analyzed according to current
professional standards. The significance of the resource shall be evaluated according to the criteria
of the CRHR. The results of the investigations shall be presented in a technical report following the
standards of the California Office of Historic Preservation publication “Archaeological Resource
Management Reports: Recommended Content and Format (1990 or latest edition).” Any necessary
archaeological data recovery excavation shall be carried out by a Registered Professional
Archaeologist according to a research design reviewed and approved by the City, as the lead agency,
and prepared in advance of fieldwork and using appropriate archaeological field and laboratory
methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991),
Guidelines for Archaeological Research Design, or the latest edition thereof.
Upon completion of the work, all artifacts, other cultural remains, records, photographs, and other
documentation shall be curated an appropriate curation facility to be determined on a case-by-case
basis in consultation with the City and interested parties (e.g., historical organizations).
Resource Discovery Plan
Phase 1B & Phase 2 Mitigation and Monitoring Plan 25
5 Resource Discovery Plan
The following outlines the procedures to be followed in the inadvertent discovery of cultural
resources, including human remains.
Discovery of Archaeological Resources
The procedure for dealing appropriately with unanticipated resources encountered during
construction will include, but not be limited to, the following:
For the discovery of previously unknown archaeological resources:
The archaeological monitor will divert construction activity in the immediate vicinity of the find by
signaling to construction staff and notifying the designated construction foreman. The monitor will
report the discovery to Rincon’s qualified archaeologist and the City’s construction inspector. The
“immediate vicinity” will vary depending upon specific circumstances. If the archaeological resource
is prehistoric in nature, a local Native American group will consult about the find, and a Native
American monitor will be retained for the remainder of earth disturbing activities.
Upon completion of the above notification, the archaeological monitor will determine the nature
and extent of the cultural remains and make a preliminary assessment of their integrity and
potential importance. If the archaeological monitor determines that the discovery is not cultural, or
is an isolated artifact, the monitor will immediately notify the qualified archaeologist and
construction manager that activities may resume as soon as the archaeological item(s) has been
properly photographed and recorded.
If potentially significant cultural features, artifact concentrations, or intact deposits are discovered,
the archaeological monitor will divert construction activity in the immediate vicinity and report the
discovery to the qualified archaeologist and the City’s construction inspector so that appropriate
notifications to the City can be issued. A temporary Construction Exclusion Zone (CEZ), consisting of
lath and flagging tape, will be erected around the discovery. The size of the CEZ may be reduced or
enlarged as the significance and extent of the find is determined and treatment measures are
implemented. For the purposes of the current effort, a minimum 100-foot radius shall be
established for any remains that are suspected of being human (see Section 4.2 for further direction
related to the discovery of human remains). Isolated artifacts shall be marked by an orange cone or
flagging with no additional radius. In the case of the discovery of an intact archaeological site, a
radius of 100 feet may be established so that the resource may be evaluated. This radius may be
reduced or expanded based on the nature of the resource and the area required for archaeologists
to work safely. The CEZ will not be removed until the potentially significant cultural resource has
been evaluated to assess whether it is classified as a “historical resource,” pursuant to the California
Environmental Quality Act (CCR, § 15064.5[a]). To minimize construction delays, if a potentially
significant cultural resource is discovered during monitoring, Rincon will immediately contact the
City to formulate a plan for further treatment.
Cultural resources identified within the site shall be recorded according to current archaeological
standards. This shall include the preparation of California Department of Parks and Recreation (DPR)
Series 523 forms. Pertinent information concerning the resource(s) shall be recorded, including the
site type, components, size, and provenience. Upon completion, the Series 523 forms shall be
City of San Luis Obispo
Cultural Arts District Parking Structure Project
26
submitted to the California Historical Resources Information System’s Central Coast Information
Center, located at the Santa Barbra Museum of Natural History for primary number and trinomial
designation. Final copies of the Series 523 forms shall be included in the final monitoring report. In
addition to the Series 523 forms, a final compliance report shall be prepared as presented in Section
5.1 below.
Discovery of Human Remains
There is a possibility that the project’s construction-related activities may encounter human burials
or cremations. Therefore, if the project’s construction-related activities find potential human
bone, ground-disturbing activities in the area of the discovery shall immediately be halted or
redirected while a temporary CEZ surrounding the site of discovery is established to allow for
further examination and treatment of the find. The qualified archaeologist shall also immediately
notify the City and the San Luis Obispo County Coroner’s Office by telephone, pursuant to Health
and Safety Code 7050.5. By law, the Coroner will determine within 48 hours of being notified if the
remains are subject to his or her authority. If the human remains are determined to be prehistoric,
the coroner will notify the Native American Heritage Commission, which will determine and notify a
most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of
being granted access and provide recommendations for the treatment of any human remains and
artifacts associated with Native American burials.
Discovery of Paleontological Resources
In the event of a paleontological resource discovery, all work in the immediate vicinity of the
discovery will be halted and a 50-foot buffer will be delineated around the discovery, to create a
construction equipment exclusion zone to allow the paleontological monitor a safe zone to work
within. The project paleontologist will determine if the discovery has fossil(s) that have the potential
to be significant, and if they do, they shall recover the fossils following standard field procedures.
Most fossils can be safely salvaged quickly by a single paleontological monitor and not disrupt
construction activity. In some cases, larger fossils (such as complete skeletons or large mammal
fossils) require more extensive excavation and longer salvage periods.
During recovery of potentially significant fossils, the paleontological monitor will document all
identification and recovery efforts, including assigning a unique field number to each fossil
specimen, fossil locality, or sediment sample, and record the field number and associated
specimen/sample data (identification by taxon and element, sample size, etc.), corresponding
geologic data (particularly lithology, stratigraphic unit, stratigraphic level within the unit, inferred
age, etc.), and geographic site data (UTM coordinate location, elevation, etc.) in their field notes.
Reporting of Monitoring Results and Curation Finds
Phase 1B & Phase 2 Mitigation and Monitoring Plan 27
6 Reporting of Monitoring Results and
Curation Finds
Reporting of Archaeological Monitoring Results
At the conclusion of the construction activities requiring archeological monitoring, an archaeological
monitoring report shall be prepared under the direction of the qualified archaeologist. The
monitoring report will outline the methodology of archaeological mitigation at the project site,
describe the construction activity and duration, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered
during monitoring activities. Should the monitoring effort be negative for the identification of
cultural resources, a negative letter report shall be prepared. The letter report shall include, at a
minimum, the dates of monitoring, activities conducted, personnel, and field logs.
If archaeological materials are recovered, a comprehensive technical report will also be required to
describe and interpret findings and data. The technical report shall be prepared in accordance with
the Archaeological Resources Management Reports (ARMR): Recommended Contents and Format.
If required, the ARMR-format report shall include a complete description of resources identified
during monitoring, treatment of those resources, National Register of Historic Places (NRHP)
eligibility recommendations, site records, and site maps.
The final version of the monitoring report shall be submitted to the City and the Central Coast
Information Center of the California Historical Resources Information Center.
Curation of Archaeological Finds
Recovered archaeological finds not associated with burials will be temporarily stored by Rincon until
either an appropriate on-site reburial location or repository is agreed upon by the City, other
interested Native American groups, and/or MLD. If necessary, curation preparation will include
creating acid-free labels and tags, placing artifacts in archival quality bags and boxes, and submitting
a hard copy of the report on acid-free paper with and the artifacts to the selected curation facility.
Permanent treatment of human remains and associated funerary items shall be determined by the
MLD in coordination with the City.
Reporting of Paleontological Monitoring Results
At the conclusion of construction activities requiring paleontological monitoring, a paleontological
monitoring report shall be prepared under the direction of the project paleontologist. The
monitoring report will present the paleontological mitigation and the methods by which it was
satisfied within the project site. The level of effort to complete a monitoring report is dependent on
the nature of the resources recovered during construction. Should the monitoring effort be negative
for the identification of paleontological resources, a negative letter report shall be prepared. The
letter report shall include, at a minimum, the dates of monitoring, activities conducted, personnel,
and field logs. If paleontological resources are recovered, a comprehensive technical report will be
City of San Luis Obispo
Cultural Arts District Parking Structure Project
28
required to describe and interpret findings and data consistent with the requirements of the SVP
(2010).
Curation of Paleontological Resources
All paleontological resources and data recovered from the project site shall be curated together at
the Santa Barbara Museum of Natural History. All collected fossil resources are the property of the
City and shall be provided to the Santa Barbara Museum of Natural History along with a deed of gift.
Curation would require placement of fossils into archival specimen trays with labels containing
relevant curatorial information. A copy of the Project’s curation agreement with the Santa Barbara
Museum of Natural History is attached as Appendix 1.
References
Phase 1B & Phase 2 Mitigation and Monitoring Plan 29
7 References
National Park Service
1983 Archaeology and Historic Preservation: Secretary of the Interior’s Standards and
Guidelines. Washington, DC. https://www.nps.gov/history/local-
law/arch_stnds_0.htm, accessed April 1, 2022.
City of San Luis Obispo
2018 Final Environmental Impact Report and Mitigation Monitoring and Reporting
Program for the Palm Nipomo Parking Structure Project. On file with the City of San
Luis Obispo
City of San Luis Obispo
2009 Archaeological Resource Preservation Program Guidelines.
https://www.slocity.org/home/showpublisheddocument/4140/6354976496520000
00, accessed May 27, 2022
Earth Systems Pacific
2011 Geotechnical, Geologic, and Hazardous Materials Assessment Report, Palm and
Nipomo Parking Structure, Palm and Nipomo Streets, San Luis Obispo, California.
April 21, 2011.
Jefferson, G.T.
2010 A catalogue of late Quaternary vertebrates from California. Natural History Museum
of Los Angeles County Technical Report. Volume 7, pp. 5-172.
Jefferson, G.T., H.L. Fierstine, J.R. Wesling, and T.-L. Ku.
1992 Pleistocene terrestrial vertebrates from near Point San Luis, and other localities in
San Luis Obispo County, California, Bulletin of the Southern California Academy of
Sciences. Volume 91, pp. 26-38.
Paleobiology Database
2022 The Paleobiology Database, http://paleobiodb.org/ (accessed June 2022)
Society of Vertebrate Paleontology (SVP)
2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to
Paleontological Resources. Society of Vertebrate Paleontology Impact Mitigation
Guidelines Revision Committee. https://vertpaleo.org/wp-
content/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdf.
University of California Museum of Paleontology
2022 UCMP online database specimen search portal, http://ucmpdb.berkeley.edu/
(accessed June 2022)
Appendix 1
CURATION AGREEMENT WITH THE SANTA BARBARA MUSEUM OF NATURAL HISTORY
June 21st, 2022
Zachary Lerma
Rincon Consultants
213-788-4842 x4001
Subject: Repository agreement for acceptance of fossils from San Luis Obispo Cultural Arts
Parking Project (22-12836) from the City of San Luis Obispo
Dear Zachary,
This letter serves as confirmation of the conditions regarding acceptance of the fossil material
from the San Luis Obispo Cultural Arts Parking Project (22-12836) into the Earth Science
Collection at the Santa Barbara Museum of Natural History (SBMNH). The SBMNH actively
curates and provides a safe repository for specimens using contemporary methods for
preserving fossils, including maintaining microenvironments in environmentally-controlled
collections ranges, maintaining a digital database that archives all contextual data associated
with each specimen, and maintaining a fossil preparation laboratory to repair and conserve
fossils. The SBMNH is willing to consider accepting the collection(s) if all of the following
conditions are met:
All collections must be accompanied by deed-of-gift and transfer of ownership
documentation giving free and clear title of the collection to SBMNH.
Material from government lands must be accompanied by a copy of the official collecting
permit.
All localities must be described in detail, including a precise description of the
geographic location with GPS coordinates (stating datum used), lithology, stratigraphy
(including unit designation), relative/absolute ages, and depositional environment if
known.
All localities must be plotted on standard USGS topographic or geologic maps and
located within Santa Barbara, Ventura, or San Luis Obispo counties. In certain
situations, collections derived from localities outside of those counties may be accepted
on a case-by-case basis with prior approval from the Earth Science Curator.
All collections must include a specimen catalog that clearly correlates physical
specimens to locality and preparation data.
All collections must include printed and digital copies of final reports, any field notes,
environmental impact reports, maps, charts, photographs, and other documentation as
appropriate. All records must include site number and accession number.
All specimens must be fully stabilized and prepared. Specimens must be accompanied
by notes on preparation methods, including consolidants and tools used.
All specimens must be identified to the lowest taxonomic level possible.
Larger specimens (e.g., mammoth limb bones) must be fully supported in archival
cradles (field jackets are not acceptable).
If the collection is relatively large, it must be accompanied by the same specimen
cabinets, drawers, and archival-quality trays used by SBMNH. Confer with the Earth
Science Curator for estimated costs.
Our estimated costs for curation, cataloging, and labeling of specimens are $20/locality and
$12/specimen. For invertebrates and microfauna that are from the same locality and taxon,
cataloging as lots is acceptable and counted as a single specimen. The estimated costs of
permanent storage, including maintenance, is $300 per cubic foot of fully prepared fossils.
Sincerely,
Jonathan M. Hoffman, Ph.D.
Dibblee Curator of Earth Science
Vertebrate Zoology Department
(805) 682-4711 ext. 157
jhoffman@sbnature2.org
136
Wooten, Eric
From:Purrington, Teresa
Sent:Wednesday, August 16, 2023 1:32 PM
To:CityClerk
Subject:08-15-2023 Council Action Update and Agenda Forecast
Attachments:Agenda Forecast & Pending Items.pdf; 08-15-2023 City Council Action Update.pdf
Good Afternoon,
Attached is the August 15, 2023, Council Action Update and the current Agenda Forecast.
Thank you,
Teresa
Bcc: Action Update and Forecast Group
Teresa Purrington
pronouns she/her/hers
City Clerk
City Administration
990 Palm Street, San Luis Obispo, CA 93401-3218
E TPurring@slocity.org
T 805.781.7102
slocity.org
Stay connected with the City by signing up for e-notifications
1
Council Action Update
August 15, 2023, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Andy Pease,
Council Member Michelle Shoresman, Vice Mayor Jan Marx,
Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney,
Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council, also acting as the San
Luis Obispo Public Financing Authority Board of Directors, was called to order on
August 15, 2023 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San
Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Council Member Francis led the Council in the Pledge of Allegiance.
3. PRESENTATIONS
3.a 40TH ANNIVERSARY OF THE DOWNTOWN FARMER'S MARKET
PROCLAMATION
Mayor Stewart presented a proclamation recognizing the 40th Anniversary
of the Downtown Farmer's Market to Bettina Swigger on behalf of
Downtown SLO.
3.b INTRODUCTION AND OATH OF OFFICE - WHITNEY MCDONALD,
ASSISTANT CITY MANAGER
City Manager Derek Johnson introduced Whitney McDonald, the new
Assistant City Manager. City Clerk Teresa Purrington administered
Assistant City Manager McDonald's Oath of Office.
3.c CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.
2
5. CONSENT AGENDA
Motion By Council Member Pease
Second By Mayor Stewart
To approve Consent Calendar Items 5a to 5j.
5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Waive reading of all resolutions and ordinances as appropriate.
5.b MINUTES REVIEW - JULY 11, 2023, JULY 18, 2023, AND JULY 24, 2023
COUNCIL MINUTES
Approve the following minutes of the City Council:
• July 11, 2023 - Rescheduled Regular Meeting
• July 18, 2023 - Regular Meeting
• July 24, 2023 - Special Meeting
5.c ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS
OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS
RANCH) FOR FY 2023-24
Vice Mayor Marx declared a conflict with this item and recused, as she
owns property in the San Luis Ranch development.
Receive and file the Annual Special Tax Levy Report for the City of San Luis
Obispo Community Facilities No. 2019-1 (San Luis Ranch) for FY 2023/24.
Ayes (4): Council Member Francis, Council Member Pease, Council
Member Shoresman, and Mayor Stewart
Recused (1): Vice Mayor Marx
CARRIED (4 to 0)
5.d ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS
OBISPO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (AVILA
RANCH) FOR FISCAL YEAR 2023-2024
Receive and file the Annual Special Tax Levy Report for the City of San
Luis Obispo Community Facilities No. 2017-1 (Avila Ranch) for Fiscal Year
2023-24.
5.e AUTHORIZATION TO ADVERTISE JOHNSON WATERLINE
REPLACEMENT – IRIS TO BISHOP, SPECIFICATION NO. 2000578
3
1. Approve the project plans and special provisions for Johnson
Waterline Replacement – Iris to Bishop, Specification Number
2000578; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the construction contract for
the bid total if the lowest responsible bid is within the Engineer’s
Estimate of $4,160,000; and
4. Approve the transfer of $165,000 from the Storm Drain Annual
Asset Maintenance Account (2090742) to the project account
(2000578); and
5. Approve the transfer of $1,061,031 from the Recycled Water Broad
Street – Tank Farm to Aerovista project (2000528) to the project
account (2000578) and defer the 2000528 project to the next
Financial Plan; and
6. Appropriate $483,969 from Water Fund Unreserved Working
Capital and reduce the 2024-25 allocation for Water Storage Tank
Maintenance (2000034) by $483,969; and
7. Authorize the City Engineer to approve Contract Change Orders up
to the available project budget; and
8. Find the Project categorically exempt from the California
Environmental Quality Act pursuant to State CEQA Guidelines
Sections 15302 and 15303; and
9. Adopt a Draft Resolution entitled, “Resolution of City Council of the
City of San Luis Obispo, California, authorizing use of the Water
Fund Unreserved Working Capital Fund to support the Johnson
Waterline Replacement – Iris to Bishop, Specification Number
2000578.”
5.f AUTHORIZATION TO AMEND THE “BUY LOCAL BONUS” PROGRAM
TO INCLUDE INCENTIVES FOR PARTICIPATING IN CUSTOMER
SATISFACTION SURVEY
Authorize the City Manager to amend the “Buy Local Bonus”
Memorandum of Understanding with the San Luis Obispo Chamber of
Commerce to include the purchase of gift cards as an incentive for
participating in the Community Development Department customer
satisfaction survey in an amount not to exceed $600.
5.g FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3044
– A RESIDENTIAL SUBDIVISION AT 3725 ORCUTT ROAD
4
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City
of San Luis Obispo, California, accepting the completed public improvements
for Tract 3044; certifying the completed private subdivision improvements for
Tract 3044; releasing the securities for the completed portions of Tract 3044;
and authorizing the Director of Public Works to release the remaining
securities once all Tract 3044 improvements are deemed complete.”
5.h AUTHORIZATION TO APPLY FOR FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS
GRANT (AFG)
1. Authorize the Fire Department to submit a grant application to the
Federal Assistance to Firefighters Grant (AFG) Program in the
amount of $98,845.45 to send two EMT firefighters through certified
paramedic training; and
2. Authorize the City Manager, or their designee, to execute the grant
documents and approve the budget changes necessary to
appropriate the grant amount upon notification that the grant has
been awarded.
5.i APPROVE THE SOLE SOURCE PURCHASE OF A 2022 PIERCE
ARROW TYPE 1 PUMPING FIRE ENGINE TO REPLACE FIRE ENGINE 4
Approve the sole source purchase of a 2022 Pierce Arrow Type 1
Pumping Fire Engine in the amount of $881,584.76.
5.j MULTI -JURISDICTIONAL HAZARD MITIGATION GRANT PROGRAM
1. Authorize Fire Department to participate in a grant application
process from the Federal Emergency Management Agency (FEMA)
for funding to develop a multi-jurisdictional Hazard Mitigation Plan
(HMP); and
2. Authorize the City Manager, or their designee, to execute the grant
documents and approve the budget changes necessary to
appropriate the grant amount upon notification that the grant has
been awarded.
6. PUBLIC HEARING AND BUSINESS ITEMS
6.a 2022-23 STORMS AFTER-ACTION REPORT AND POST-INCIDENT
ACTION PLAN (Estimated Time: 30 minutes)
Action: By consensus, the City Council received and filed the 2022-2023
Storms After-Action Report and Post-Incident Improvement Plan.
5
6.b APPROVING THE SALE OF LEASE REVENUE BONDS, SERIES 2023
(CULTURAL ARTS DISTRICT PARKING PROJECT) IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000, EXECUTION OF
BOND DOCUMENTS AND RELATED ACTIONS (Est. Time: 30 minutes)
Motion By Vice Mayor Marx
Second By Council Member Pease
City Council Action:
Approve a Draft Resolution entitled, “A Resolution of the City Council of
the City of San Luis Obispo authorizing the execution and delivery by the
City of a 1) Ground Lease, 2) a Lease Agreement, 3) an Indenture, 4) a
Bond Purchase Agreement and a 5) Continuing Disclosure Certificate in
connection with the issuance of San Luis Obispo Public Financing
Authority Lease Revenue Bonds (Cultural Arts District Parking Project),
Series 2023, approving the issuance of such bonds in an aggregate
principal amount of not to exceed $50,000,000, authorizing the distribution
of an Official Statement in connection with the offering and sale of such
bonds and authorizing the execution of necessary documents and
certificates and related actions."
Ayes (5): Council Member Francis, Council Member Pease, Council
Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)
Motion By Vice Chair Marx
Second By Board Member Shoresman
San Luis Obispo Public Financing Authority Board of Directors Action:
Approve a Draft Resolution entitled, “A Resolution of the Board of Directors
of the San Luis Obispo Public Financing Authority authorizing the execution
and delivery of a 1) Ground Lease, 2) a Lease Agreement, 3) an Indenture,
and a 4) Bond Purchase Agreement in connection with the issuance of San
Luis Obispo Public Financing Authority Lease Revenue Bonds (Cultural Arts
District Parking Project), Series 2023, authorizing the issuance of such
bonds in an aggregate principal amount of not to exceed $50,000,000,
authorizing the distribution of an Official Statement in connection therewith
and authorizing the execution of necessary documents and certificates and
related actions.”
6
Ayes (5): Board Member Francis, Board Member Pease, Board Member
Shoresman, Vice Chair Marx, and Chair Stewart
CARRIED (5 to 0)
8. ADJOURNMENT
The meeting was adjourned at 9:27 p.m. The next Regular City Council Meeting
is scheduled for September 5, 2023 at 5:30 p.m. in the Council Chambers at City
Hall, 990 Palm Street, San Luis Obispo.
City of San Luis Obispo Council Agenda Forecast
Time
Estimate Item #Item Description - Should match Subject of CAR and include if Reso or Ordinance
Legal
Ad Report Writer/Presenter Docket Deadline
Council Meetings 2023 (Approved by Council)
9/5/2023 REGULAR MEETING: 5:30 PM 8/14/2023
3. PRESENTATIONS/INTRODUCTIONS
3 3a.Proclamation - Drive Electric Week - Barry Rands Stewart
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c. Authorize Grant Application to CA Strategic Growth Council's Community Resilience Center Program Hermann/Pohlman
5d.
Declaration of "Surplus Exempt" status under CA Surplus Land Act for City-owned property (610 & 614 Monterey Street; portion of
Parking Lot 14)Hermann/Hill
5e.Award a Construction Contract for the Cheng Park Revitalization Project, Spec. No. 91385-10 Horn/Long
5f.Authorization to advertise on-call EnerGov support services RFQ Tway/Loew
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
90 6a.Prado Interchange Considering Approval of the Environmental Document and Confirming the Project Preferred Alternative Design Horn/Banker-Hix
7. STUDY SESSION ITEMS
90 7a.Police Department Strategic Plan Development Update Scott/Amoroso
3:43 Closed - Only Consent Items can be added
9/19/2023 CLOSED SESSION - (Pending Council Approval - 4:45 PM Start)8/28/2023
30 1a Labor Negotiations Domini
REGULAR MEETING: 5:30 PM 8/28/2023
3. PRESENTATIONS/INTRODUCTIONS
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c.Equipment Surplus Designation and Authorization of Sale (Water Distribution, Wastewater Treatment, and Irrigation Assets)Floyd/Whittington
5d.Approve use of Funding for Recycled Water User Site Improvements Floyd/Boerman
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
20 6a. Award Construction Contract for the Cultural Arts District Parking Structure Horn/Kacsinta
45 6b. Introduce an Ordinance to adopt Clean Energy Choice for New Buildings Program Alternative X Hermann/Read/Loew
1:45 Closed - Only Consent Items can be added
10/3/2023 REGULAR MEETING: 5:30 PM 9/11/2023
3. PRESENTATIONS/INTRODUCTIONS
10 3b.Mobility Services Division Overview Horn/Rice
10 3c.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c. O-XXXX Second Reading - Clean Energy Choice for New Buildings Program Alternative X Hermann/Read/Loew
5d. Approve an Upated Agreement with Village Host Pizza & Grill for Park Maintenance & Outdoor Dining Avakian/Hyfield
5e.Avila Ranch Tract 3089 Phases 2 and 3 Final Map Approval Tway/LaChaine
5f.Bullock Ranch Tract 3136 Final Map Approval Tway/LaChaine
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
30 6a.FY 2022-23 Year End Budget Review (Unaudited)Jackson/Harnett
60 6b. Introduce an Ordinance amending Title 6 (Animals) to adopt by reference San Luis Obispo County Code Title 9 X Scott/Amoroso/Amberg
7. STUDY SESSION ITEMS
60 7a.Code Enforcement Update Tway/Loew
3:20 Closed - Only Consent Items can be added
10/17/2023 REGULAR MEETING: 5:30 PM 9/25/2023
3. PRESENTATIONS/INTRODUCTIONS
30 3a.Cal Poly Presentation - Housing Update and Water Plans
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c.O-XXXX Second Reading - Amending Title 6 (Animals to adopt by reference San Luis Obispo County Code Title 9 X Scott/Amoroso/Amberg
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
30 6a. Annual Report for Tourism Business Improvement District X Hermann/Cano
7. STUDY SESSION ITEMS
60 7a.Transit Innovations Plan Adoption Horn/Fuchs
75 7b.Existing Building Electrification Retrofit Policy Options Hermann/Read
3:55 Closed - Only Consent Items can be added
11/7/2023 REGULAR MEETING: 5:30 PM 10/16/2023
3. PRESENTATIONS/INTRODUCTIONS
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c. Amendment to the Second Restated JPA with the SLO County Integrated Waste Management Authority Floyd/Lehman
5d.Authorize Updated Facility Ground Lease Between Channel Island YMCA and the City-HOLD Avakian/Symens
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
30 6a. Annual Public Hearing for the Tourism Business Improvement District X Hermann/Cano
7. STUDY SESSION ITEMS
1:10
Printed on 8/16/2023 at 1:25 PM Page 1
City of San Luis Obispo Council Agenda Forecast
Time
Estimate Item #Item Description - Should match Subject of CAR and include if Reso or Ordinance
Legal
Ad Report Writer/Presenter Docket Deadline
11/14/2023 RESCHEDULED REGULAR MEETING: 5:30 PM 10/30/2023
3. PRESENTATIONS/INTRODUCTIONS
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c.FY 2023-24 Q1 Budget Report Jackson/Harnett
5d.
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
45 6a.Ordinance for state housing law implementation X Tway/Bell
7. STUDY SESSION ITEMS
1:25
12/5/2023 REGULAR MEETING: 5:30 PM 11/13/2023
3. PRESENTATIONS/INTRODUCTIONS
10 3b.City Manager Report Johnson
30 5. CONSENT ITEMS
5a.Waive Reading of Resolutions/Ordinances Purrington
5b.Minutes Purrington
5c.Successor Memorandum of Understanding for The International Association of Firefighters, Local 3523 Domini/Andrews
5d.DEI High Impact Grant Funding Approval Hermann/Veloz-Passalacqua
6. PUBLIC HEARING ITEMS AND BUSINESS ITEMS
0:40
Printed on 8/16/2023 at 1:25 PM Page 2
137
Wooten, Eric
From:Hill, Robert
Sent:Monday, August 14, 2023 4:09 PM
To:Kersten, Markie
Cc:Dietrick, Christine; Hermann, Greg
Subject:RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Markie,
Thanks so much for your great research and work on this item.
I have addressed your comments and filled in the blanks where needed in both the CAR and the Resolution, with
special attention double-checking all of the site addresses and APNs. My changes are preserved in the offline
versions on sharepoint. Meanwhile, I have started the routing in eScribe and I am sure that will find your desk shortly!
Bob
From: Kersten, Markie <mkersten@slocity.org>
Sent: Thursday, August 10, 2023 2:11 PM
To: Hill, Robert <rhill@slocity.org>
Cc: Dietrick, Christine <cdietric@slocity.org>; Hermann, Greg <GHermann@slocity.org>
Subject: RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Bob and Greg,
Here’s a link to a folder with the draft CAR and the reso I drafted: Exempt Surplus DeclaraƟon
I suggested some edits to the CAR and left some questions in both docs for Bob/Greg’s review. I am around all day
today and tomorrow to discuss. I know Bob does not return until Monday, which is my day off with the baby, but I am
happy to jump on a quick call on Monday if there’s anything we need to touch base on as the report needs to begin
routing by EOD.
Thanks Bob for your excellent draft CAR!
Markie
From: Hill, Robert <rhill@slocity.org>
Sent: Thursday, July 27, 2023 6:06 PM
To: Kersten, Markie <mkersten@slocity.org>
Cc: Dietrick, Christine <cdietric@slocity.org>; Hermann, Greg <GHermann@slocity.org>
Subject: RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Markie,
Thanks for the chance to speak further about this item by phone earlier this week.
As we discussed, I have docketed a consent item on the 9/5 Council agenda and created the item in eScribe.
For now, here is an offline draft of the Council Agenda Report. I am sure it needs some refinement, but I think (hope!)
the core elements are there: CAR - Declaration of Surplus Exempt status (610 and 614 Monterey Street; portion of
Parking Lot 14).docx
Really appreciative!
138
Bob
From: Kersten, Markie <mkersten@slocity.org>
Sent: Tuesday, July 18, 2023 12:34 PM
To: Hill, Robert <rhill@slocity.org>
Subject: FW: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Bob,
I wanted to circle back with an update. Please see below for Christine’s concurrence with my analysis and her
recommended path forward. I will start drafting a resolution later this week, and circulate to you within the next week
for input. Let me know if you have any questions.
Best,
Markie
From: Dietrick, Christine <cdietric@slocity.org>
Sent: Thursday, July 13, 2023 6:55 PM
To: Johnson, Derek <djohnson@slocity.org>
Cc: Kersten, Markie <mkersten@slocity.org>; Taffe, McKenzie <mtaffe@slocity.org>
Subject: Privileged/Confidential -Surplus Land Act/SLO Rep
Derek, see Markie’s analysis below. I’ve reviewed the statute and attached HCD materials and we had a chance to
discuss earlier this evening. We recommend that we move forward with a draft resolution declaring the property
exempt surplus land, based on the reasoning below, ask for HCD review prior to presenting to CC and then, assuming
they agree with our findings, proceed to CC and then on with the Lease.
Let us know if you want to talk further or have any concerns. As Markie, notes there’s no guarantee, but I do think the
language she notes applies on its face and that this is a practical and good faith manner in which to proceed.
McKenzie, can you please add this to the Council matters list and add this to the task on our list flagged for Markie
and me and set a due date two weeks out? Thx.
C.
Christine Dietrick
pronouns she/her/hers
City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
139
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Kersten, Markie <mkersten@slocity.org>
Sent: Thursday, July 13, 2023 4:03 PM
To: Dietrick, Christine <cdietric@slocity.org>
Subject: Surplus Land Act/SLO Rep
Hi Christine,
I’ve had some time to dig a bit deeper into application of the Surplus Land Act to our ground lease of a portion to the
Palm/Nipomo parking structure parcel to SLO Rep. As an initial matter, I believe this ground lease constitutes a
disposition of surplus public property. Unless the property is considered exempt surplus (more on that below), we
should have gone through the Notice of Availability (NOA) process prior to entering into an ENA with SLO Rep.
However, I think our best argument is that this property is considered “exempt surplus” under the Act. In such case,
Council would need to declare the property “exempt surplus” at a public meeting supported by written findings and no
NOA would be required, but we would be required to report our findings to HCD 30 days prior to disposition. The risk
with this approach is that we are already in violation of the statute by virtue of our ENA with SLO Rep and we would be
flagging this for HCD, but it appears that if we were to receive a Notice of Violation from HCD for such violation, our
compliance option is to cure the violation, which we are doing by having Council declare this “exempt surplus.” Please
find my analysis below.
The Surplus Land Act requires all local agencies to offer surplus land for sale or lease to affordable home developers
and certain other entities before selling or leasing the land to any other individual or entity. It’s worth noting that this
requirement applies even if the land is not currently zoned or planned for residential use. Surplus land is defined as
“land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting
declaring land to be surplus and not necessary for a local agency’s use. “Agency use” does not include commercial
or industrial uses or activities, including nongovernmental retail, entertainment, or office development. (Gov. Code §
54221(c)(2)(A).) We had previously discussed whether we could argue that this is not “surplus” land as we need SLO
Rep’s current location for agency use, necessitating their move to the new location, but based on the statutory
definition of “agency use” and its express exclusion for nongovernmental entertainment uses, I don’t think this is a
defensible argument. Such argument would also be somewhat in tension with our conclusion that SLO Rep is not
required to comply with the competitive bidding requirements for construction of the theater as it is not a public agency
constructing a public building.
However, as previewed above, surplus land that meets one or more of the exemptions listed in the statute is not
required to go through the NOA process. I believe the exemption for “exchange of surplus land” may apply here:
Surplus land (new SLO Rep site) that a local agency is exchanging for another property necessary for the local
agency’s use (the current SLO Rep location). (Gov. Code § 54221(f)(1)(C).) I’m unable to find any case law or
secondary authority that flesh this exemption out, but the plain text appears to be on point. It’s a little strange here that
both properties subject to the exchange are City-owned and encumbered by private leases, but I don’t see why that
would preclude application of this exemption.
This isn’t a bullet proof approach, but I don’t think one exists. The alternative is that Council declares this “surplus” and
we go through the NOA process and hope that we don’t get a reasonable offer from an interested party. As I noted
above, I don’t think our NOA could indicate that a theater must be built; the property would need to be available for
provision of affordable housing or other specified uses in the statute.
Happy to chat further.
Markie
Markie Kersten
pronouns she/her/hers
140
Assistant City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E mkersten@slocity.org
T 805.781.7141
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
142
Wooten, Eric
From:Hermann, Greg
Sent:Friday, August 11, 2023 7:13 AM
To:Kersten, Markie; Hill, Robert
Cc:Dietrick, Christine
Subject:RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Markie,
Thanks so much for the assist on this. We really appreciate it.
I took a quick and think we are in good shape. Bob will be able to fill in the blanks when he gets back.
Thanks again,
Greg
From: Kersten, Markie <mkersten@slocity.org>
Sent: Thursday, August 10, 2023 2:11 PM
To: Hill, Robert <rhill@slocity.org>
Cc: Dietrick, Christine <cdietric@slocity.org>; Hermann, Greg <GHermann@slocity.org>
Subject: RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Bob and Greg,
Here’s a link to a folder with the draft CAR and the reso I drafted: Exempt Surplus DeclaraƟon
I suggested some edits to the CAR and left some questions in both docs for Bob/Greg’s review. I am around all day
today and tomorrow to discuss. I know Bob does not return until Monday, which is my day off with the baby, but I am
happy to jump on a quick call on Monday if there’s anything we need to touch base on as the report needs to begin
routing by EOD.
Thanks Bob for your excellent draft CAR!
Markie
From: Hill, Robert <rhill@slocity.org>
Sent: Thursday, July 27, 2023 6:06 PM
To: Kersten, Markie <mkersten@slocity.org>
Cc: Dietrick, Christine <cdietric@slocity.org>; Hermann, Greg <GHermann@slocity.org>
Subject: RE: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Markie,
Thanks for the chance to speak further about this item by phone earlier this week.
As we discussed, I have docketed a consent item on the 9/5 Council agenda and created the item in eScribe.
For now, here is an offline draft of the Council Agenda Report. I am sure it needs some refinement, but I think (hope!)
the core elements are there: CAR - Declaration of Surplus Exempt status (610 and 614 Monterey Street; portion of
Parking Lot 14).docx
Really appreciative!
143
Bob
From: Kersten, Markie <mkersten@slocity.org>
Sent: Tuesday, July 18, 2023 12:34 PM
To: Hill, Robert <rhill@slocity.org>
Subject: FW: Privileged/Confidential -Surplus Land Act/SLO Rep
Hi Bob,
I wanted to circle back with an update. Please see below for Christine’s concurrence with my analysis and her
recommended path forward. I will start drafting a resolution later this week, and circulate to you within the next week
for input. Let me know if you have any questions.
Best,
Markie
From: Dietrick, Christine <cdietric@slocity.org>
Sent: Thursday, July 13, 2023 6:55 PM
To: Johnson, Derek <djohnson@slocity.org>
Cc: Kersten, Markie <mkersten@slocity.org>; Taffe, McKenzie <mtaffe@slocity.org>
Subject: Privileged/Confidential -Surplus Land Act/SLO Rep
Derek, see Markie’s analysis below. I’ve reviewed the statute and attached HCD materials and we had a chance to
discuss earlier this evening. We recommend that we move forward with a draft resolution declaring the property
exempt surplus land, based on the reasoning below, ask for HCD review prior to presenting to CC and then, assuming
they agree with our findings, proceed to CC and then on with the Lease.
Let us know if you want to talk further or have any concerns. As Markie, notes there’s no guarantee, but I do think the
language she notes applies on its face and that this is a practical and good faith manner in which to proceed.
McKenzie, can you please add this to the Council matters list and add this to the task on our list flagged for Markie
and me and set a due date two weeks out? Thx.
C.
Christine Dietrick
pronouns she/her/hers
City Attorney
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E cdietrick@slocity.org
T 805.781.7140
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
144
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Kersten, Markie <mkersten@slocity.org>
Sent: Thursday, July 13, 2023 4:03 PM
To: Dietrick, Christine <cdietric@slocity.org>
Subject: Surplus Land Act/SLO Rep
Hi Christine,
I’ve had some time to dig a bit deeper into application of the Surplus Land Act to our ground lease of a portion to the
Palm/Nipomo parking structure parcel to SLO Rep. As an initial matter, I believe this ground lease constitutes a
disposition of surplus public property. Unless the property is considered exempt surplus (more on that below), we
should have gone through the Notice of Availability (NOA) process prior to entering into an ENA with SLO Rep.
However, I think our best argument is that this property is considered “exempt surplus” under the Act. In such case,
Council would need to declare the property “exempt surplus” at a public meeting supported by written findings and no
NOA would be required, but we would be required to report our findings to HCD 30 days prior to disposition. The risk
with this approach is that we are already in violation of the statute by virtue of our ENA with SLO Rep and we would be
flagging this for HCD, but it appears that if we were to receive a Notice of Violation from HCD for such violation, our
compliance option is to cure the violation, which we are doing by having Council declare this “exempt surplus.” Please
find my analysis below.
The Surplus Land Act requires all local agencies to offer surplus land for sale or lease to affordable home developers
and certain other entities before selling or leasing the land to any other individual or entity. It’s worth noting that this
requirement applies even if the land is not currently zoned or planned for residential use. Surplus land is defined as
“land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting
declaring land to be surplus and not necessary for a local agency’s use. “Agency use” does not include commercial
or industrial uses or activities, including nongovernmental retail, entertainment, or office development. (Gov. Code §
54221(c)(2)(A).) We had previously discussed whether we could argue that this is not “surplus” land as we need SLO
Rep’s current location for agency use, necessitating their move to the new location, but based on the statutory
definition of “agency use” and its express exclusion for nongovernmental entertainment uses, I don’t think this is a
defensible argument. Such argument would also be somewhat in tension with our conclusion that SLO Rep is not
required to comply with the competitive bidding requirements for construction of the theater as it is not a public agency
constructing a public building.
However, as previewed above, surplus land that meets one or more of the exemptions listed in the statute is not
required to go through the NOA process. I believe the exemption for “exchange of surplus land” may apply here:
Surplus land (new SLO Rep site) that a local agency is exchanging for another property necessary for the local
agency’s use (the current SLO Rep location). (Gov. Code § 54221(f)(1)(C).) I’m unable to find any case law or
secondary authority that flesh this exemption out, but the plain text appears to be on point. It’s a little strange here that
both properties subject to the exchange are City-owned and encumbered by private leases, but I don’t see why that
would preclude application of this exemption.
This isn’t a bullet proof approach, but I don’t think one exists. The alternative is that Council declares this “surplus” and
we go through the NOA process and hope that we don’t get a reasonable offer from an interested party. As I noted
above, I don’t think our NOA could indicate that a theater must be built; the property would need to be available for
provision of affordable housing or other specified uses in the statute.
Happy to chat further.
Markie
Markie Kersten
pronouns she/her/hers
Assistant City Attorney
145
City Attorney's Office
990 Palm Street, San Luis Obispo, CA 93401-3249
E mkersten@slocity.org
T 805.781.7141
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
148
Wooten, Eric
From:Kacsinta, Madeline
Sent:Tuesday, August 1, 2023 1:11 PM
To:Marquart, Ben
Cc:Ryan Stefanek
Subject:RE: City of San Luis Obispo, Cultural Arts District Parking Structure
Ok, thank you so much for following up with this.
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
From: Marquart, Ben <bmarquar@slocity.org>
Sent: Tuesday, August 1, 2023 12:58 PM
To: Kacsinta, Madeline <MKacsint@slocity.org>
Cc: Ryan Stefanek <rstefanek@kitchell.com>
Subject: FW: City of San Luis Obispo, Cultural Arts District Parking Structure
Madeline-
Based on the services being dropped, there shouldn’t be any more charter lines on the poles being removed. We
should field verify though.
Ben
From: Schwiebert, Ryan M <Ryan.M.Schwiebert@charter.com>
Sent: Monday, April 3, 2023 11:30 AM
To: Marquart, Ben <bmarquar@slocity.org>
Cc: Gauna, Samuel <sgauna@slocity.org>
Subject: RE: City of San Luis Obispo, Cultural Arts District Parking Structure
Hi Ben, the service drops have been removed.
Thanks
Ryan Schwiebert | Construction Coordinator
270 Bridge St | San Luis Obispo, Ca 93401
Office: 805-783-4942
Cell: 805-503-8543
149
From: Marquart, Ben <bmarquar@slocity.org>
Sent: Thursday, March 30, 2023 1:30 PM
To: Schwiebert, Ryan M <Ryan.M.Schwiebert@charter.com>
Cc: Gauna, Samuel <sgauna@slocity.org>
Subject: [EXTERNAL] RE: City of San Luis Obispo, Cultural Arts District Parking Structure
CAUTION: The e-mail below is from an external source. Please exercise caution before opening attachments, clicking links, or following
guidance.
Hi Ryan-
Just wanted to touch base again to confirm the project scheduling and see where we are at with removing the services
to these locations?
Thank You,
Ben Marquart
Engineering Inspector IV
Public Works
919 Palm Street, San Luis Obispo, CA 93401-7314
E bmarquart@slocity.org
T 805.781.7061
slocity.org
Stay connected with the City by signing up for e-notifications
From: Schwiebert, Ryan M <Ryan.M.Schwiebert@charter.com>
Sent: Friday, March 17, 2023 10:13 AM
To: Marquart, Ben <bmarquar@slocity.org>
Cc: Gauna, Samuel <sgauna@slocity.org>
Subject: RE: City of San Luis Obispo, Cultural Arts District Parking Structure
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Ben,
I’ll work on getting this scheduled out, should be a couple of weeks to get the drops removed.
I’ll let you know when it’s been completed.
Thanks,
Ryan Schwiebert | Construction Coordinator
270 Bridge St | San Luis Obispo, Ca 93401
Office: 805-783-4942
Cell: 805-503-8543
150
From: Marquart, Ben <bmarquar@slocity.org>
Sent: Wednesday, March 15, 2023 1:36 PM
To: Moore, Jason D <Jason.D.Moore@charter.com>
Cc: Gauna, Samuel <sgauna@slocity.org>
Subject: [EXTERNAL] City of San Luis Obispo, Cultural Arts District Parking Structure
CAUTION: The e-mail below is from an external source. Please exercise caution before opening attachments, clicking links, or following
guidance.
Jason-
Nice meeting you over the phone today. To recap, I am newly assigned to the City of San Luis Obispo, Cultural Arts
District Parking Structure project and was looking to get up to speed with Charter’s involvement in the project or if any
requests for service disconnection have been made yet? I have four sites (610 Monterey St, 614 Monterey St, 633A
Palm St, and 633B Palm St) that are scheduled for demolition, and I need to verify that there are no con nections to the
residences or property and if so, have them removed. Here ae my questions.
1. Have any requests been made to Charter to remove services at the above addresses?
2. Is there a process to get on Charters schedule?
3. What timeframe are we looking at?
4. Is there anything else you might need from me (the City) to proceed?
Thank you for your time,
Ben Marquart
Engineering Inspector IV
Public Works
919 Palm Street, San Luis Obispo, CA 93401-7314
E bmarquart@slocity.org
C 805.540.9192
slocity.org
Stay connected with the City by signing up for e-notifications
155
From:Kacsinta, Madeline
Sent:Wednesday, July 26, 2023 3:27 PM
To:Stewart, Erica A
Subject:RE: Cultural Arts District Parking Structure Project Stakeholder Update
Attachments:Phase 1B-2 Mitigation and Monitoring Plan.pdf; PalmNipomo_FEIR_CR and TCR.pdf; Cultural
Resources Inventory Report 2011.pdf
Hi Erica,
Thank you for reaching out about the local Chumash tribes’ involvement in this project.
The original cultural resources study (attached) was conducted by Applied Earthworks in 2011. In 2017, the City of
SLO conducted SB 18 and AB 52 outreach for the project as part of their EIR. I’m attaching the CR/TCR section of the
EIR for your review. Based on the EIR mitigation measures, Rincon Consulting developed a mitigation and monitoring
plan (attached).
As part of that plan, Rincon conducted a series of 35-centimeter-wide shovel test pits throughout the project site. Of
the 25 shovel test pits excavated, all were negative for cultural resources. Modern debris was noted in many of the
test pits. Because of these negative results, the tribe is not required to conduct monitoring on site. The City will have
an archeological monitor on-site per the Mitigation and Monitoring Plan, and if any cultural resources are found, we will
involve the tribe(s) and insure they are involved and feel comfortable with our steps in moving forward in the project.
While the City is not required to have the local tribe conduct monitoring, we are always open to allowing the tribe on-
site to participate in the project if they are interested. We have been in contact with Mona Tucker, of the yak titʸu titʸu
yak tiłhini tribe, and have provided her will all of the information included in this email. I will be in touch with her shortly
to give her an estimated timeline of the project and be available for any questions or concerns the tribe or she may
have.
I appreciate your diligence in insuring we are including the local tribes and am always happy to provide more
information.
Luckily, the bid came in lower than the original estimate, and we are now under the threshold that we had prepared for
in terms of funding. Because of this, I believe the next time we will take this to City Council will be at the regularly
scheduled meeting on August 15th. I apologize for the error in my previous message.
Please let me know if there is any additional follow-up that I can provide you at this time. We will be sending regular
updates once the project begins to make sure all stakeholders are aware of the progress and potential challenges. I
am also happy to provide information at any time during the project, so please feel free to reach out.
Bests,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
156
slocity.org
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From: Stewart, Erica A <estewart@slocity.org>
Sent: Wednesday, July 26, 2023 8:44 AM
To: Kacsinta, Madeline <MKacsint@slocity.org>
Subject: Re: Cultural Arts District Parking Structure Project Stakeholder Update
Hi Madeline,
Thank you for the update. There is a lot of good information. I have a couple of questions. All of the soil information is
interesting. When does the local Chumash review the site?
Also, will there be a separate meeting to discuss securing bonding or will this be part of the normal city council meeting on
August 15? under phase 2, it’s mentioned that the target council date is August 22.
Thanks,
Erica
Erica A. Stewart
pronouns she/her/hers
Mayor
Office of the City Council
990 Palm Street, San Luis Obispo, CA 93401-3249
Eestewart@slocity.org
C805.540.1154
slocity.org
Stay connected with the City by signing up fore-notifications
From: Kacsinta, Madeline <MKacsint@slocity.org>
Sent: Tuesday, July 25, 2023 5:06:07 PM
To: Johnson, Derek <djohnson@slocity.org>; Horn, Matt <mhorn@slocity.org>; Stanwyck, Shelly <sstanwyc@slocity.org>
Cc: Nelson, Brian <BNelson@slocity.org>; Hussey, Gaven <ghussey@slocity.org>; Szentesi, Whitney <wszentes@slocity.org>;
Hermann, Greg <GHermann@slocity.org>; Jackson, Emily <ejackson@slocity.org>; Cleary, Greg <gcleary@slocity.org>;
kevin@slorep.org <kevin@slorep.org>; lstandish@sloma.org <lstandish@sloma.org>; thomas@historycenterslo.org
<thomas@historycenterslo.org>; mjenkins@slocm.org <mjenkins@slocm.org>;
< ; msusank@missionprep.org <msusank@missionprep.org>; ;
; Ashley Scarcella <ashley@verdinmarketing.com>; Tway,
Timothea (Timmi) <TTway@slocity.org>; Hill, Robert <rhill@slocity.org>; Loew, Michael <Mloew@slocity.org>; Cohen, Rachel
<rcohen@slocity.org>; Rice, Jennifer <jrice@slocity.org>; Kersten, Markie <mkersten@slocity.org>
Subject: Cultural Arts District Parking Structure Project Stakeholder Update
BCC: City Council
Dear Stakeholders,
Staff is pleased to provide an update on the progress of the Cultural Arts District Parking Structure Project. We are
excited to share that the project has achieved several significant milestones. Below are the latest developments:
Phase 1A: Dry Utility Relocation
John Madonna Construction's work is nearly completed.
The City is awaiting PG&E and AT&T to schedule work.
157
Phase 1B: Demolition/Site Prep
The parking lot was reopened after demolition of the 3 existing structures on June 2nd.
Bark has been placed on empty lots for dust control during the summer months.
Demolition of the parking lot is scheduled for September.
After discovery of soil contaminates, 22 soil samples were taken and assessed.
All samples have been returned, and no soil mitigation is required below the top 1 foot of soil across the entire
site.
Soil remediation is being included in this phase, with Edwards Construction handling the removal of 1 foot of
soil.
Benefits of soil remediation during Phase 1B include:
o Efficient mobilization: Edwards Construction, trained in HAZWOPER, will conduct soil remediation after
parking lot demolition.
o Clean site for Phase 2: The larger General Contractor in Phase 2 can mobilize immediately without
HAZWOPER training and commence work on the shoring wall.
o Avoid Rainy Season: Soil remediation during Phase 1B reduces potential runoff of contaminants during
the upcoming rainy season.
o Ground-breaking ceremony: A ground-breaking ceremony to mark the project's beginning can now take
place on-site prior to Phase 2 commencing.
o Time efficiency: Mobilizing Edwards earlier may help compensate for the 1-month bid delay, aiding in
time management.
o Cost savings: Handling soil remediation through Edwards can avoid mark-ups by the larger General
Contractor, potentially resulting in cost savings.
Phase 2: Parking Structure/Frontage Improvements
The project received 2 bids on July 25, 2023.
Construction Estimate was $44,600,000.
Swinerton's bid is $41,070,044, while Bomel's bid is $48,801,492 (Swinerton is the apparent low bidder).
The target council meeting to secure bonding is for 8/22/23.
The target council meeting to award the construction contract is 9/19/23.
Construction is expected to start in fall 2023, with the City collaborating closely with the contractor on the
timeline and providing regular updates to all stakeholders.
We are grateful for your continued support and engagement in this important project. If you have any questions or
require further information, please do not hesitate to contact me.
Best regards,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
Palm Nipomo Parking Structure Project
Final Environmental Impact Report
SCH#2017051011
prepared by
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
Contact: Scott Lee, Parking Manager
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
July 2018
Volume I
Palm Nipomo Parking Structure Project
Final Environmental Impact Report
SCH#2017051011
prepared by
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
Contact: Scott Lee, Parking Manager
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
July 2018
Volume I
This report prepared on 50% recycled paper with 50% post-consumer content.
Table of Contents
Final Environmental Impact Report i
Table of Contents
Executive Summary ................................................................................................................................ 1
Project Synopsis .................................................................................................................. 1
Project Alternativ ................................................................................................................ 3
Significant and Unavoidable Impacts .................................................................................. 5
1 Introduction ..................................................................................................................................19
1.1 Environmental Impact Report Background.......................................................................19
1.2 Purpose and Legal Authority .............................................................................................19
1.3 Scope and Content ............................................................................................................20
1.4 Lead, Responsible, and Trustee Agencies .........................................................................21
1.5 Environmental Review Process .........................................................................................21
2 Project Description .......................................................................................................................25
2.1 Project Applicant ...............................................................................................................25
2.2 Lead Agency Contact Person .............................................................................................25
2.3 Project Location ................................................................................................................25
2.4 Existing Site Characteristics ..............................................................................................25
Setting ...............................................................................................................29 2.4.1
Current Land Use Designation and Zoning .......................................................29 2.4.2
Surrounding Land Uses .....................................................................................29 2.4.3
2.5 Project Characteristics ......................................................................................................30
Project Objectives .............................................................................................37 2.5.1
Required Approvals ..........................................................................................37 2.5.2
3 Environmental Setting ..................................................................................................................39
3.1 Regional Setting ................................................................................................................39
3.2 Project Site Setting ............................................................................................................39
3.3 Cumulative Development .................................................................................................40
4 Environmental Impact Analysis ....................................................................................................41
4.1 Aesthetics ..........................................................................................................................43
Setting ...............................................................................................................43 4.1.1
4.1.2 Impact Analysis .................................................................................................53
4.2 Cultural and Tribal Cultural Resources..............................................................................59
Setting ...............................................................................................................59 4.2.1
Impact Analysis .................................................................................................69 4.2.2
4.3 Noise .................................................................................................................................81
Setting ...............................................................................................................81 4.3.1
Impact Analysis .................................................................................................87 4.3.2
4.4 Transportation ................................................................................................................101
4.4.1 Setting .............................................................................................................101
4.4.2 Impact Analysis ...............................................................................................112
City of San Luis Obispo
Palm Nipomo Parking Structure Project
ii
5 Issues Addressed in the Initial Study ..........................................................................................127
5.1 Impacts Less than Significant with Mitigation ................................................................127
5.2 Issues with Less than Significant Impact or No Impact ...................................................133
6 Other CEQA Required Discussions ..............................................................................................145
6.1 Growth Inducing Effects ..................................................................................................145
Population Growth .........................................................................................145 6.1.1
Economic Growth ...........................................................................................145 6.1.2
Precedent Setting Action ................................................................................146 6.1.3
Development of Isolated or Adjacent Area of Open Space ............................146 6.1.4
6.1.5 Removal of an Impediment to Growth ...........................................................146
6.2 Energy Use and Conservation .........................................................................................146
Existing Conditions ..........................................................................................147 6.2.1
Analysis of Project Impacts and Determination of Significance .....................151 6.2.2
6.3 Significant Unavoidable Effects .......................................................................................154
6.4 Significant Irreversible Environmental Effects ................................................................154
7 Alternatives .................................................................................................................................155
7.1 Alternatives Considered but Eliminated from Further Discussion .................................155
7.2 Alternative 1: No Project/No Development....................................................................156
7.2.1 Alternative Description ...................................................................................156
7.2.2 Impact Analysis ...............................................................................................156
7.3 Alternative 2: Project Plus Live/Work Units ....................................................................156
7.3.1 Alternative Description ...................................................................................156
7.3.2 Impact Analysis ...............................................................................................157
7.4 Alternative 3: Parking Structure, Commercial and Residential ......................................158
7.4.1 Alternative Description ...................................................................................158
7.4.2 Impact Analysis ...............................................................................................158
7.5 Alternative 4: Historic Resource Preservation ................................................................160
7.5.1 Alternative Description ...................................................................................160
7.5.2 Impact Analysis ...............................................................................................160
7.6 Environmentally Superior Alternative ............................................................................161
8 References ..................................................................................................................................163
8.1 Bibliography ....................................................................................................................163
8.2 List of Preparers ..............................................................................................................166
9 Response to Comments on the Draft EIR ...................................................................................167
9.1 Responses to Public Testimony on the Draft EIR ............................................................167
9.2 Responses to Written Comments on the Draft EIR ........................................................175
Tables
Table 1 Project Characteristics ........................................................................................................ 2
Table 2 Class I, Significant and Unavoidable Environmental Impacts ............................................. 6
Table 3 Class II, Significant but Mitigable Environmental Impacts .................................................. 9
Table 4 Class III, Less than Significant Environmental Impacts .....................................................18
Table 5 Designated Historic Buildings Within and Adjacent to the Project Site ...........................62
Table of Contents
Final Environmental Impact Report iii
Table 6 Impacts to Historical Resources ........................................................................................72
Table 7 Noise Measurement Results .............................................................................................83
Table 8 Maximum Noise Exposure for Noise-Sensitive Uses Due To Transportation Noise
Sources ..........................................................................................................................................85
Table 9 Maximum Noise Levels for Nonscheduled, Intermittent, Short-Term Operation (Less
than 10 Days) of Mobile Equipment .............................................................................................86
Table 10 Maximum Noise Levels for Repetitively Scheduled, Relatively Long-Term Operation (10
Days or More) of Stationary Equipment .......................................................................................86
Table 11 Exterior Noise Limits (Not to be Exceeded More than 30 Minutes in Any Hour) .............87
Table 12 Maximum Periods for Increased Noise Levels ..................................................................87
Table 13 California Department of Transportation Vibration Annoyance Potential Criteria ..........90
Table 14 Significance of Changes in Operational Roadway Noise Exposures .................................91
Table 15 Construction Noise Levels by Phase..................................................................................92
Table 16 Vibration Source Levels for Construction Equipment .......................................................96
Table 17 Existing and Existing Plus Project Noise Levels on Studied Roadway Segments ..............98
Table 18 Cumulative and Cumulative Plus Project Noise Levels on Roadway Segments..............100
Table 19 Study Intersections and Segments ..................................................................................101
Table 20 Level of Service Criteria ...................................................................................................104
Table 21 Existing Average Daily Trips ............................................................................................105
Table 22 Existing Intersection LOS for Vehicles (PM Peak Hour) ..................................................105
Table 23 Existing Roadway Segment LOS for Vehicles (PM Peak Hour) ........................................107
Table 24 Existing Intersection LOS for Pedestrians (PM Peak Hour) .............................................107
Table 25 Existing Roadway Segment LOS for Pedestrians (PM Peak Hour) ..................................107
Table 26 Existing Roadway Segment LOS for Bicycles (PM Peak Hour).........................................108
Table 27 Existing Roadway Segment LOS for Public Transit (PM Peak Hour) ...............................109
Table 28 Weekday Vehicle Trip Generation (PM Peak Hour) ........................................................112
Table 29 Existing and Existing Plus Project Intersection LOS for Vehicles (PM Peak Hour) ..........115
Table 30 Existing and Existing Plus Project Segment LOS for Vehicles (PM Peak Hour) ...............116
Table 31 Existing and Existing Plus Project Intersection LOS for Pedestrians (PM Peak Hour) .....118
Table 32 Existing and Existing Plus Project Segment LOS for Pedestrians (PM Peak Hour) ..........118
Table 33 Existing and Existing Plus Project Segment LOS for Bicycles (PM Peak Hour) ................119
Table 34 Existing and Existing Plus Project Segment LOS for Transit (PM Peak Hour) ..................119
Table 35 Cumulative and Cumulative Plus Project Intersection LOS for Vehicles (PM Peak Hour)122
Table 36 Cumulative and Cumulative Plus Project Segment LOS for Vehicles (PM Peak Hour) ...122
City of San Luis Obispo
Palm Nipomo Parking Structure Project
iv
Table 37 Cumulative and Cumulative Plus Project Segment LOS for Bicycles (PM Peak Hour) ....124
Table 38 Cumulative and Cumulative Plus Project Segment LOS for Transit (PM Peak Hour) ......124
Table 39 Cumulative and Cumulative Plus Project Intersection LOS for Pedestrians (PM Peak
Hour) ........................................................................................................................................125
Table 40 Cumulative and Cumulative Plus Project Roadway Segment LOS for Pedestrians (PM
Peak Hour) ..................................................................................................................................125
Table 41 Project Energy Use Relative to Statewide Energy Use ....................................................152
Table 42 Project Operational Vehicle Fuel Consumption ..............................................................152
Table 43 Alternatives and Impact Comparisons ............................................................................162
Table 44 Public Hearing Comment Summary ................................................................................168
Table 45 Comments Received on the Draft EIR .............................................................................176
Figures
Figure 1 Environmental Review Process .........................................................................................23
Figure 2 Regional Location ..............................................................................................................26
Figure 3 Project Planning Area ........................................................................................................27
Figure 4 Project Site Location and Surrounding Uses .....................................................................28
Figure 5 Site Plan.............................................................................................................................31
Figure 6 Nipomo Street Elevation ...................................................................................................32
Figure 7 Conceptual Project Renderings (View of Parking Structure and Commercial Space from
Corner of Palm and Nipomo Streets) ............................................................................................35
Figure 8 Conceptual Project Renderings (View of Commercial Space and Parking Structure from
Nipomo Streets) ............................................................................................................................36
Figure 9 Site Photographs ...............................................................................................................45
Figure 10 Noise Measurement Locations .........................................................................................84
Figure 11 Study Intersections and Road Segments ........................................................................102
Figure 12 Existing Weekday PM Peak Hour Traffic Volumes ..........................................................106
Figure 13 Existing Plus Project Weekday PM Peak Hour Traffic Volumes ......................................117
Figure 14 Cumulative and Cumulative Plus Project Traffic Volumes ..............................................123
Appendices
Appendix A Notice of Preparation and Initial Study
Appendix B Cultural Resources Inventory Report and Native American Correspondence
Appendix C Noise Modeling Worksheets
Appendix D Transportation Impact Study
Executive Summary
Final Environmental Impact Report 1
Executive Summary
This section summarizes the characteristics of the proposed Palm Nipomo Parking Structure Project,
alternatives to the project, and the environmental impacts, mitigation measures, and residual
impacts associated with the project. City staff prepared an Initial Study and circulated a Notice of
Preparation (NOP) for the project on May 1, 2017. The Initial Study identified potentially significant
impacts with respect to aesthetics, cultural resources, noise, and transportation and traffic, and this
document is an environmental impact report (EIR) that further analyzes those impacts. All other
CEQA issue areas were addressed in the Initial Study (Appendix A) and are summarized in Section
5.0, Issues Addressed in the Initial Study.
Project Synopsis
Project Applicant
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Lead Agency Contact Person
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Contact: Scott Lee, Parking Manager
Project Description
This EIR has been prepared to examine the potential environmental effects of the Palm Nipomo
Parking Structure Project. The following is a summary of the full project description, which is located
in Section 2.0, Project Description.
The project would involve the removal of an existing 77-space surface parking lot and five
residential structures (including detached garage) and construction of an above-ground, five-level
parking structure, non-profit theater, and commercial space on a 1.38-acre site located in the city of
San Luis Obispo. The parking structure would provide up to 445 parking spaces.1 Main vehicular
access to the structure would be provided from Palm Street, with secondary access from Nipomo
Street. The theater would entail a three-story structure with a gross floor area of 23,841 square feet
1 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on the current
design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a maximum of up to 445 parking
spaces would be provided.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
2
and up to 255290 theater seats fronting Monterey Street. The project would also include 5,000
square feet of commercial space on two levels fronting Nipomo Street. The project would require a
General Plan Amendment, Zone Change, Planning Commission Use Permit, and Architectural
Review. Table 1 summarizes the characteristics of the proposed project.
Table 1 Project Characteristics
Address 609, 610, 614, 630, 633 Palm Street and 970, 972 Nipomo Street
APN 002-412-001, 002-412-002, 002-412-003, 002-412-004, 002-412-
011, and 002-412-012
Maximum Building Height
Parking Structure
50 feet structure + 14 feet for elevator tower
Commercial 41 feet
Theater 43 feet
Lot Area Approx. 60,329 square feet (sf) (1.38 acres)
Building Footprint1 Approx. 44,487 sf
Building Gross Floor Area2 191,591 sf
Parking Structure Gross Floor Area 162,750 sf
Ground Floor 32,500 sf
Parking Level 2 32,750 sf
Parking Level 3 32,750 sf
Parking Level 4 32,750 sf
Parking Level 5 32,000 sf
Commercial Gross Floor Area 5,000 sf
1st Floor 2,500 sf
2nd Floor 2,500 sf
Theater Gross Floor Area 23,841 sf
1st Floor (Basement) 6,357 sf
2nd Floor (Main) 9,487 sf
3rd Floor 5,744 sf
Roof Balcony & Exit Stairs 2,253 sf
Total Parking Spaces3 445
Net New Parking Spaces 368
1 Building footprint is sum of ground or main levels of each use.
2 The gross floor area is the sum of all floors or levels for all uses.
3 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on the current
design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a maximum of up to 445 parking
spaces would be provided.
sf = square feet
Executive Summary
Final Environmental Impact Report 3
Project Objectives
Objectives for this project include the following:
Provide a minimum of 400 parking spaces
Accommodate cultural uses on Monterey Street in front of the structure
Include a pedestrian-level public use plaza area at the corner of Nipomo and Monterey Streets
Provide a direct pedestrian connection from the structure to Monterey Street
Preserve the large oak tree on site
Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
Project Alternatives
As required by Section 15126(d) of the State CEQA Guidelines, this EIR examines a range of
reasonable alternatives to the project that could feasibly achieve similar objectives. This includes
the following five alternatives:
Alternative 1. No Project /No Development assumes the project is not approved, that none of
the proposed entitlements are implemented, and that no further development would occur on
the project site.
Alternative 2. Project Plus Live/Work Units would be the same as the proposed project
described above, except the 5,000 square feet of commercial space would be reduced to 2,500
square feet of commercial space and four residential units would be included.
Alternative 3. Parking Structure, Commercial, and Residential would be the same as the
preferred project described above, except the theater would be replaced with 22 two-bedroom
residential units.
Alternative 4. Historic Resource Preservation would include the parking structure and 5,000
square feet of commercial space, but retain the two houses at 610 and 614 Monterey Street.
The theater would not be included as part of this alternative.
Alternative 4. The Historic Resource Preservation Alternative would be the environmentally
superior alternative, as it would avoid direct impacts to historical resources because the two
contributing structures to the Downtown Historic District and the linkage between properties in the
district they provide would remain in place. However, aesthetic and noise impacts would remain
significant and unavoidable.
Alternative 1. No Project/No Development could also be considered environmentally superior to
the proposed project because the site would remain as is and it would not result in any significant
environmental impacts; however, it would not meet the project objectives.
Alternative 2. Project Plus Live/Work Units would result in a similar magnitude of environmental
impacts as the proposed project, as buildout would be almost identical. This alternative would not
reduce any of the significant and unavoidable impacts.
Alternative 3. Parking Structure, Commercial, and Residential would result in a similar magnitude
of environmental impacts as the proposed project. The addition of 22 residential units in place of
the theater would not result in inferior or superior environmental conditions relative to the
proposed project and would not eliminate the significant impacts to historical resources, visual
City of San Luis Obispo
Palm Nipomo Parking Structure Project
4
character, or from construction noise. Most of the issues addressed in the Initial Study would be the
same as the proposed project, with an incremental increase in public services demanded and
water/wastewater generated.
The complete alternatives analysis is included in Section 7.0, Alternatives.
Areas of Concern
Pursuant to State CEQA Guidelines § 15123(b)(2), this EIR acknowledges the areas of controversy
and issues to be resolved which are known to the City of San Luis Obispo or were raised during the
scoping process. An Initial Study and Notice of Preparation (NOP) of an EIR was prepared and
circulated for a 30-day agency- and public-review period beginning on May 1, 2017. Several
comment letters from members of the public were received in response to the NOP. In addition, an
EIR Scoping Meeting was also held at the Planning Commission Meeting on May 10, 2017, and
comments on the scope of the EIR were received from members of the public and the City Planning
Commissioners. The NOP and Initial Study, and NOP comment letters are included in Appendix A of
this EIR. Key issues of concern that were identified in the NOP responses and voiced at the EIR
scoping meeting included the following:
Comment/Area of Concern EIR Section Where Addressed
Impacts on views of Cerro San Luis Obispo 4.1 Aesthetics
Size and scale of the project and its aesthetic compatibility with the
historical character or surrounding development 4.1 Aesthetics
Impacts to historical resources, including adobe on the project site 4.2 Cultural and Tribal Cultural Resources
Impacts to tribal cultural resources 4.2 Cultural and Tribal Cultural Resources
Increase in operational noise and its impact on sensitive receptors 4.3 Noise
Vehicle trips generated by project 4.4 Transportation
Pedestrian-vehicle conflicts; pedestrian safety crossing Nipomo Street 4.4 Transportation
Induced travel 4.4 Transportation
Calculation methodology for greenhouse gas emissions 5.0 Issues Addressed in Initial Study
Alternatives to the project 7.0 Alternatives
Revisions to the Draft EIR
Under the provisions CEQA Section 15088, a 45-day public review period of the Draft EIR is required.
The Draft EIR was circulated from December 14, 2017 until March 1, 2018. Each written and verbal
comment that the City received is included in Section 9.0, Responses to Comments. Responses to
these comments have been prepared to address the environmental concerns raised by the
commenters and to indicate where and how the Draft EIR addresses pertinent environmental issues.
The Draft EIR and responses to comments collectively comprise the Final EIR for the project.
The responses to comments summarize the comment and direct the commenter to the section of
the Draft EIR that addresses their comment. In some cases, revisions have been made to the Draft
EIR to clarify information, data, or intent, or to make minor typographical corrections or minor
working changes. Any changes made to the text of the Draft EIR are noted in the Final EIR as
changes from the Draft EIR. Where a comment results in a change to the Draft EIR text, a notation is
made in the response indicating that the text is revised. Changes in the Draft EIR text are signified by
strikeouts where text is removed and by underline font where text is added. If text is added where
Executive Summary
Final Environmental Impact Report 5
the font is already bold or underlined, additions are noted using underlined bold font. Revisions
were made to the proposed number of theater seats. These changes are shown on page 2 of the
Executive Summary and Section 2.5, Project Characteristics. Although the total number of seats
increased from 155 to 191, this did not change any of the impacts as project effects were calculated
based on building square footage and/or number of employees, which did not change. In addition, a
revision was made to the theater footprint shown on Figure 5, Site Plan, based on refinements to
the project design. As previously noted, the building square footage did not change and this revision
did not change any of the impacts.
Summary of Impacts and Mitigation Measures
Table 2 through Table 4 provide a summary of the potential environmental impacts of the project.
The mitigation measures associated with each impact, which are to be implemented in order to
reduce the environmental impacts to the maximum extent feasible, are also summarized therein. In
accordance with the State CEQA Guidelines, the tables identify the following types of potential
impacts associated with the project:
Class I, Significant and Unavoidable. An impact that cannot be reduced to below the threshold
level given reasonably available and feasible mitigation measures. Such an impact requires a
‘Statement of Overriding Considerations’ to be issued if the project is approved per §15093 of
the State CEQA Guidelines.
Class II, Significant but Mitigable. An impact that can be reduced to below the threshold level
given reasonably available and feasible mitigation measures. Such an impact requires ‘Findings’
to be made under §15091 of the State CEQA Guidelines.
Class III, Less than Significant. An impact that may be adverse, but does not exceed the
threshold levels and does not require mitigation measures. However, mitigation measures that
could further lessen the environmental effect may be suggested if readily available and easily
achievable.
Class IV, Beneficial. An effect that would reduce existing environmental problems or hazards.
Significant and Unavoidable Impacts
The project would result in five significant and unavoidable (Class I) impacts. Issue areas with Class I
impacts include aesthetics (visual character and cumulative visual character), cultural resources
(historic resources and cumulative historic resources), and noise (construction noise) as summarized
in Table 2.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
6
Table 2 Class I, Significant and Unavoidable Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-2. The project would
permanently alter the existing visual
character of the site because it
would introduce new structures
that are substantially different in
terms of size, scale, and massing.
This impact is Class I, significant and
unavoidable.
As discussed in the impact analysis and described in
the project description, the project includes various
features that are intended to mitigate visual impacts.
No additional mitigation measures are feasible.
The project design
features would reduce
visual impacts to the
extent feasible;
however, due to the
size, scale, and massing
of the project, impacts
related to a change in
visual character would
remain significant and
unavoidable.
Cumulative Aesthetics Impact. The
project would result in a significant
and unavoidable impact associated
with change in visual character due
to the increase in size, scale, and
massing of the project. This
combined with other cumulative
development in the area would
increase the intensity of
development in the area and
permanently alter the visual
character. Therefore, the project
would result in a Class I, significant
and unavoidable, cumulative impact.
As discussed in the impact analysis and described in
the project description, the project includes various
features that are intended to mitigate visual impacts.
No additional mitigation measures are feasible to
address cumulative impacts.
The project features
would reduce the
project’s visual
impacts to the extent
feasible; however,
impacts to change in
visual character would
be cumulatively
considerable.
Cultural and Tribal Cultural Resources
Impact CR-1. Construction of the
project would result in demolition
of two structures on the project site
that are historic resources, and
adversely affect the Downtown
Historic District. This would cause a
substantial adverse change in the
significance of historic resources as
defined in CEQA Guidelines
§15064.5. This impact is Class I,
significant and unavoidable.
CR-1 Historical Building Documentation Packages.
Impacts to historical resources shall be minimized
through the preparation of archival historic building
documentation packages for both 610 and 614
Monterey Street. Prior to issuance of demolition
permits, the City of San Luis Obispo shall ensure that
documentation of both properties is completed in the
form of a Historic American Building Survey (HABS)-Like
documentation that shall comply with the Secretary of
the Interior’s Standards for Architectural and
Engineering Documentation (NPS 1990). The
documentation shall generally follow the HABS Level III
requirements and include high-quality digital
photographic recordation of the buildings and their
overall setting, detailed historic narrative report, and
compilation of historic research. The documentation
shall be completed by a qualified architectural historian
or historian who meets the Secretary of the Interior’s
Professional Qualification Standards for History and/or
Architectural History (NPS 1983). Individual archival
documentation packages shall be completed both
properties and offered as donated material to the San
Luis Obispo Library and the History Center of San Luis
Obispo County, where it would be available to local
researchers. Completion of this mitigation measure
shall be monitored and enforced by the lead agency.
Implementation of
Mitigation Measure
CR-1 would reduce
impacts to historical
resources to the
greatest extent
possible; however,
this measure would
not eliminate the
permanent impacts to
the identified historic
resources, and no
other feasible
mitigation measures
are available.
Therefore, the project
would result in a
significant and
unavoidable impact to
historic resources.
Executive Summary
Final Environmental Impact Report 7
Impact Mitigation Measures Residual Impact
Cumulative Cultural Resources
Impact. The project would result in
a significant and unavoidable
impact associated with the removal
of historic structures that
contribute to the Downtown
Historic District. As such, the project
would contribute to the cumulative
loss of historic resources in the City.
This would be a Class I, significant
and unavoidable, cumulative impact
to historical resources.
No additional mitigation is available to address
cumulative cultural resources impacts.
Implementation of
Mitigation Measure
CR-1 would reduce
this impact to the
greatest extent
possible; however,
cumulative cultural
resources impacts
would remain
significant and
unavoidable.
Noise
Impact N-1. Short-term
construction activity would
temporarily generate noise that
would exceed City noise thresholds.
Mitigation is available to reduce
temporary construction noise, but
would not be sufficient to reduce
impacts to less than the applicable
thresholds. This impact is Class I,
significant and unavoidable.
N-1(a) Construction Vehicle Travel Route.
Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and
sensitive receptors where possible. The applicant shall
submit a proposed construction vehicle and hauling
route for City review and approval prior to
grading/building permit issuance. The approved
construction vehicle and hauling route shall be used
for all construction vehicles and hauling trips during
the duration of construction.
N-1(b) Construction Activity Timing. Except for
emergency repair of public service utilities or where
an exception is issued by the Community
Development Department, no operation of tools or
equipment used in construction, drilling, repair,
alteration, or demolition work shall occur daily
between the hours of 7:00 PM and 7:00 AM, or
anytime on Sundays, holidays, or after sunset, where
that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA
for multi-family residential, and 85 dBA for mixed
residential/commercial land uses across a residential
or commercial property line for a maximum of 10
days. For construction activities lasting more than 10
days, noise from construction equipment shall not
exceed 60 dBA for single family residential, 65 dBA for
multi-family residential, and 70 dBA for mixed
residential/commercial land uses across a residential
or commercial property line.
Mitigation Measures
N-1(a) through N-1(d)
would require
implementation of
noise reduction
devices and
techniques during
construction, and
would reduce noise
associated with on-
and offsite
construction activity
to the maximum
extent feasible.
However, temporary
noise impacts
associated with onsite
and offsite
construction activity
would be significant
and unavoidable.
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the
project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in
accordance with the City of San Luis Obispo Municipal
Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
Sound blankets on noise-generating equipment
Stationary construction equipment that generates
noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that
meet a sound transmission class (a rating of how
well noise barriers attenuate sound) of 25
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All diesel equipment shall be operated with closed
engine doors and shall be equipped with factory-
recommended mufflers
For stationary equipment, the applicant shall
designate equipment areas with appropriate
acoustic shielding on building and grading plans.
Equipment and shielding shall be installed prior to
construction and remain in the designated location
throughout construction activities
Electrical power shall be used to power air
compressors and similar power tools
The movement of construction-related vehicles,
with the exception of passenger vehicles, along
roadways adjacent to sensitive receptors shall be
limited to the hours between 7:00 AM and 7:00
PM, Monday through Saturday and no movement
of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day)
Temporary sound barriers shall be constructed
between construction sites and affected uses
N-1(d) Neighborhood Property Owner Notification
and Construction Noise Complaints. The contractor
shall inform residents and business operators at
properties within 300 feet of the project site of
proposed construction timelines and noise complaint
procedures to minimize potential annoyance related
to construction noise. Proof of mailing the notices
shall be provided to the Community Development
Department before the City issues a zoning clearance.
Signs shall be in place before beginning of and
throughout grading and construction activities. Noise-
related complaints shall be directed to the City’s
Community Development Department.
Executive Summary
Final Environmental Impact Report 9
Table 3 Class II, Significant but Mitigable Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-3. Implementation of
the project would result in an
increase in nighttime lighting and
daytime glare at the project
site; however, with mitigation,
this increase would not adversely
affect day or nighttime views in
the area. This impact would be
Class II, significant but mitigable.
AES-3(a) Lighting Plan. Prior to issuance of building
permits, the applicant shall prepare and submit a
comprehensive lighting plan for Architectural Review
Committee review and approval. The lighting plan shall be
consistent with the Municipal Code Night Sky Ordinance,
and prepared using guidance and best practices endorsed
by the International Dark Sky Association. The lighting
plan shall address all aspects of the lighting, including but
not limited to all buildings, infrastructure, driveways,
paths, plazas, safety, and signage. The lighting plan must
include identification of all types, sizes, and intensities of
wall mounted building lights and landscape accent
lighting, and a photometric map must be provided. The
lighting plan shall include the following:
a. The point source of all exterior lighting shall be
shielded from offsite views
b. Light trespass from exterior lights shall be minimized
by directing light downward and utilizing cut-off
fixtures or shields
c. Lumination from exterior lights shall be the lowest
level allowed by public safety standards
d. Exterior lighting shall be designed to not focus
illumination onto exterior walls
e. Any signage visible from offsite shall not be internally
laminated
AES-3(b) Glare Reduction. To minimize impacts on
residential development in proximity to the project site,
roof and building materials shall be non-reflective, and
shall be muted in hues consistent with standards in the
Community Design Guidelines, Section 6.1-C.
Implementation of
Mitigation Measures
AES-3(a) and AES-3(b)
would reduce impacts
associated with light
and glare to a less than
significant level.
Cultural and Tribal Cultural Resources
Impact CR-2. Construction of the
project would result in ground
disturbance that could cause a
substantial adverse change in the
significance of an archaeological
resource as defined in CEQA
Guidelines 15064. This impact
would be Class II, significant but
mitigable.
CR-2(a) Retain a Qualified Principal Investigator. A
qualified principal investigator, defined as an
archaeologist who meets the Secretary of the Interior’s
Standards for professional archaeology (hereafter
qualified archaeologist), shall be retained to carry out all
mitigation measures related to archaeological resources.
CR-2(b) City of San Luis Obispo Consolidated Approach
for Archaeological Investigations. Mitigation of
archaeological resources within the project area shall
follow the Consolidated Approach as outlined in the City
of San Luis Obispo Archaeological Resource Preservation
Program Guidelines. The Consolidated Approach shall
include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist
and submitted for written approval to the City’s
Community Development Director (Director), which shall
include but not be limited to the research design,
laboratory and field methods, public interpretation, and
location of curation; (2) monitoring of demolition and
Implementation of
Mitigation Measures
CR-2(a) through CR-2(d)
would reduce impacts
to archaeological
resources to a less than
significant level.
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clearing of pavement within the project area; (3) fieldwork
after the removal of pavement consisting of a Phase I
inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains,
evaluating their significance and integrity, and mitigating
impacts through data recovery excavation; (4) the
completion of special studies, such as faunal analysis, if
appropriate, and the curation of recovered artifacts; and
(5) the completion of a technical report documenting the
results of the consolidated approach prepared in
accordance with current professional standards and
submitted to the Director.
CR-2(c) Archaeological Monitoring. An archaeological
monitor shall be present for all project-related ground-
disturbing construction activities. The monitor(s) shall be
onsite on a full-time basis during earthmoving activities,
including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the
qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions.
CR-2(d) Unanticipated Discovery of Archaeological
Resources. In the event that cultural resources are
encountered during the implementation of mitigation
measures CR-2b or CR-2c, all work shall be halted in the
vicinity of the discovery until a qualified archaeologist can
assess the significance of the resource. If the resources
are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s
direction and the testing plan outlined under MM CR-2b.
Mitigation may involve preservation in place or
documentation and excavation of the resource. A report
by the archaeologist evaluating the find and identifying
mitigation actions taken shall be submitted to the City.
Impact CR-3. Construction of the
project would result in ground
disturbance that could indirectly
or directly destroy a unique
paleontological resource. This
impact would be Class II,
significant but mitigable.
CR-3(a) Qualified Project Paleontologist. A qualified
project paleontologist, defined as a paleontologist who
meets the standards of the SVP (2010), shall be retained
to carry out all mitigation measures related to
paleontological resources.
CR-3(b) Worker Environmental Awareness Program
(WEAP). Prior to the start of construction, the project
paleontologist or his or her designee shall conduct
training for construction personnel regarding the
appearance of fossils and the procedures for notifying
paleontological staff should fossils be discovered by
construction staff. The WEAP shall be fulfilled at the time
of a preconstruction meeting at which a qualified
paleontologist shall attend.
CR-3(c) Paleontological Monitoring. Ground-disturbing
construction activities (including grading, trenching,
foundation work, and other excavations) in previously
undisturbed sediments that exceed 10 feet in depth shall
be monitored on a full-time basis during initial ground
disturbance. Monitoring shall be conducted by a qualified
paleontological monitor, who is defined as an individual
who has experience with collection and salvage of
paleontological resources and meets the minimum
Implementation of
Mitigation Measures
CR-3(a) through CR-3(d)
would reduce impacts
to paleontological
resources to a less than
significant level.
Executive Summary
Final Environmental Impact Report 11
Impact Mitigation Measures Residual Impact
standards of the SVP (2010). The duration and timing of
the monitoring will be determined by the project
paleontologist and the location and extent of proposed
ground disturbance. If the project paleontologist
determines that full-time monitoring is no longer
warranted, based on the specific geologic conditions at
the surface or at depth, the project paleontologist may
recommend that monitoring be reduced to periodic spot-
checking or cease entirely. Monitoring is not necessary in
artificial fill or for activities that do not reach 10 feet in
depth.
CR-3(d) Fossil Discoveries. In the event of a fossil
discovery by the paleontological monitor or construction
personnel, all work in the immediate vicinity of the find
shall cease. The project paleontologist shall evaluate the
find before restarting construction activity in the area. If it
is determined that the fossil(s) is (are) scientifically
significant, the project paleontologist shall complete the
following conditions to mitigate impacts to significant
fossil resources:
1) Salvage of Fossils. The project paleontologist (or
paleontological monitor) shall recover significant fossils
following standard field procedures for collecting
paleontological resources, as described by the SVP (2010).
Typically, fossils can be safely salvaged quickly by a single
paleontologist and not disrupt construction activity. In
some cases, larger fossils (such as complete skeletons or
large mammal fossils) require more extensive excavation
and longer salvage periods. In this case the paleontologist
shall have the authority to temporarily direct, divert or
halt construction activity to ensure that the fossil(s) can
be removed in a safe and timely manner.
2) Preparation and Curation of Recovered Fossils. Once
salvaged, significant fossils shall be identified to the
lowest possible taxonomic level, prepared to a curation-
ready condition, and curated in a scientific institution with
a permanent paleontological collection (such as the
University of California Museum of Paleontology), along
with all pertinent field notes, photos, data, and maps.
Fossils of undetermined significance at the time of
collection may also warrant curation at the discretion of
the project paleontologist.
Impact CR-5. Ground-disturbing
activities associated with
construction of the project have
the potential to disturb
unidentified human remains. This
impact would be Class II,
significant but mitigable.
Compliance with existing regulations and Mitigation
Measure CR-2(d) would ensure that impacts to human
remains and burial grounds would remain less than
significant.
Implementation of
Mitigation Measure CR-
2(d) would reduce this
impact to a less than
significant level.
Cumulative Noise Impact.
Construction of the proposed
project could overlap with the
construction of other projects in
the vicinity (Monterey Place and
the Vesper Hotel at the
N-4 Coordination of Construction Timing. Prior to the
issuance of grading permits, the City of San Luis Obispo
shall review and coordinate the construction schedules of
any other projects within 300 feet of the project to ensure
that construction schedules do not overlap.
Implementation of
Mitigation Measure N-4
would avoid additional
cumulative
construction noise
impacts and reduce
City of San Luis Obispo
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Impact Mitigation Measures Residual Impact
Creamery) which would result in
a significant cumulative impact.
The project’s incremental
contribution would be
cumulatively considerable.
cumulative impacts to a
less than significant
level.
Transportation
Impact T-3. Implementation of
the project would result in
pedestrian access impacts due to
the difficulty of crossing Nipomo
Street at an uncontrolled
location. This impact would be
Class II, significant but mitigable.
T-3 Pedestrian Access. Subject to approval of the Public
Works Director, the City shall incorporate improvements
to the intersections of Dana Street/Nipomo Street and
Monterey Street/Nipomo Street to enhance pedestrian
safety and accessibility. The improvements shall be
consistent with the City’s Circulation Element and
Downtown Physical Concept Plan (2017) and shall balance
the needs of each mode of use. At a minimum the project
should consider:
High visibility crosswalk, or other intersection
enhancements, with directional curb ramps across
Nipomo Street from the northwest corner of Dana
Street/Nipomo Street to the southwest corner of the
parking structure.
High visibility crosswalk, or other intersection
enhancements, with directional curb ramps from the
southeast corner of Monterey Street/Nipomo Street
across Nipomo Street.
Standard crosswalks, or other intersection
enhancements, with directional curb ramps across
Monterey Street and Dana Street where they intersect
with Nipomo Street.
Reduce the curb radii on the southwest corner of Dana
Street/Nipomo Street and the northeast corner of
Monterey Street/Nipomo Street.
Implementation of
Mitigation Measure T-3
would reduce this
impact to a less than
significant level.
Cumulative Traffic Impact. Under
Cumulative plus Project
conditions, one study
intersection (the project driveway
at Nipomo Street) would operate
at an unacceptable level of
service for pedestrians during the
evening peak hour. This impact
would be Class II, significant but
mitigable.
Mitigation Measure T-3 would be required. Implementation of
Mitigation Measure T-3
would reduce impacts
to a less than significant
level.
Air Quality (from Initial Study)
Construction of the project would
generate temporary increases in
localized air pollutant emissions
(fugitive dust, ozone precursors,
and diesel particulate matter
emissions) within 1,000 of
sensitive receptors. In addition
the South Coast Air Basin is in
non-attainment for SCCAB is in
non-attainment for PM10. This
impact would be Class II,
significant but mitigable.
AQ-1 Fugitive Dust Control Measures. Construction
projects shall implement the following dust control
measures so as to reduce PM10 emissions in accordance
with San Luis Obispo Air Pollution Control District
(SLOAPCD) requirements.
Reduce the amount of the disturbed area where
possible
Water trucks or sprinkler systems shall be used during
construction in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water shall
Implementation of
Mitigation Measures
AQ-1 and AQ-2(a)
through AQ-2(c) would
reduce impacts to a less
than significant level.
Executive Summary
Final Environmental Impact Report 13
Impact Mitigation Measures Residual Impact
be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the
approved project revegetation and landscape plans
shall be implemented as soon as possible following
completion of any soil disturbing activities
Exposed ground areas that are planned to be
reworked at dates greater than one month after initial
grading shall be sown with a fast germinating, non-
invasive grass seed and watered until vegetation is
established
All disturbed soil areas not subject to revegetation
shall be stabilized using approved chemical soil
binders, jute netting, or other methods approved in
advance by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not
exceed 15 miles per hour (mph) on any unpaved
surface at the construction site
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site
Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible
All of these fugitive dust mitigation measures shall be
shown on grading and building plans
The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD Compliance
Division prior to the start of any grading, earthwork, or
demolition.
AQ-2(a) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation
measures shall be implemented during construction
activities at the project site:
Maintain all construction equipment in proper tune
according to manufacturer’s specifications
Fuel all off-road and portable diesel powered
equipment with ARB certified motor vehicle diesel fuel
City of San Luis Obispo
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Impact Mitigation Measures Residual Impact
(non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2
certified engines or cleaner off-road heavy-duty diesel
engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
heavy-duty diesel engines, and comply with the State
On-Road Regulation
Construction or trucking companies with fleets that do
not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by
proving alternative compliance
All on- and off-road diesel equipment shall not idle for
more than 5 minutes. Signs shall be posted in the
designated queuing areas and or job sites to remind
drivers and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is
not permitted
Staging and queuing areas shall not be located within
1,000 feet of sensitive receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-
powered equipment, where feasible
Use alternatively fueled construction equipment
onsite where feasible, such as compressed natural gas,
liquefied natural gas, propane or biodiesel
AQ-2(b) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-
fueled construction equipment shall be implemented
during construction activities at the project site, where
feasible:
Further reduce emissions by expanding use of Tier 3
and Tier 4 off-road and 2010 on-road compliant
engines where feasible
Repower equipment with the cleanest engines
available
Install California Verified Diesel Emission Control
Strategies, such as level 2 diesel particulate filters
(these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
AQ-2(c) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no
VOC-emission paint shall be used with levels of 50 g/L or
less.
Biological Resources (from Initial Study)
Construction of the project would
involve general construction
activity and tree removal that
may affect protected nesting
birds. Impacts to migratory bird
species would be potentially
significant unless mitigation is
BIO-1 Nesting Bird Protection. To avoid disturbance of
nesting and special-status birds, activities related to the
project, including, but not limited to, vegetation removal,
ground disturbance, and construction and demolition shall
occur outside of the bird breeding season (typically
February through August in the project region). If
construction must begin within the breeding season, then
Implementation of
Mitigation Measure
BIO-1 would reduce
impacts to a less than
significant level.
Executive Summary
Final Environmental Impact Report 15
Impact Mitigation Measures Residual Impact
incorporated. a pre-construction nesting bird survey shall be conducted
no more than 3 days prior to initiation of ground
disturbance and vegetation removal activities. The nesting
bird pre-construction survey shall be conducted within the
Project Boundary, including a 300-foot buffer (500-foot
for raptors), on foot, and within inaccessible areas (i.e.,
private lands) afar using binoculars to the extent practical.
The survey shall be conducted by a biologist familiar with
the identification of avian species known to occur in the
area. If nests are found, an avoidance buffer (which is
dependent upon the species, the proposed work activity,
and existing disturbances associated with land uses
outside of the site) shall be determined and demarcated
by the biologist with bright orange construction fencing,
flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as
to the existence of the buffer zone and to avoid entering
the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the
avian biologist has confirmed that breeding/nesting is
completed and the young have fledged the nest.
Encroachment into the buffer shall occur only at the
discretion of the qualified biologist.
Geology and Soils (from Initial Study)
Implementation of the project
would occur on soils that have
moderate to high expansion
potential. This impact would be
potentially significant unless
mitigation is incorporated.
GEO-1 Minimization of Expansive Soil Hazards. Once the
final maximum loads of the project have been determined,
a design-level geotechnical report shall be prepared that
identifies the most appropriate geotechnical improvements
to onsite soils, the foundation, and parking structure to
minimize expansive soil hazards. Recommendations could
include, but are not limited to the following:
Use imported non-expansive materials combined with
pre-moistening of the soils to provide protection for
slabs and flatwork
Provide a layer of non-expansive material 18 to 24
inches thick
Use post-tensioned slabs-on-grade
Implement shoring methods, such as shotcrete-faced
soil nail walls, tangent drilled caissons, whaler-braced
retaining walls, and steel I-beam and lagging walls
Use over-excavation and recompaction
Utilize a deep foundation system, such as caissons or
rammed aggregate piers
A certified soils engineer shall be retained for monitoring
during construction of the project. The certified soils
engineer shall also provide any necessary soil testing
during construction, to ensure compliance with the
design-level geotechnical report, and to provide site-
specific guidance as subsurface materials are
encountered.
Implementation of
Mitigation Measure
GEO-1 would reduce
impacts to a less than
significant level.
City of San Luis Obispo
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Hazardous Materials (from Initial Study)
Construction of the project would
require excavation and removal
of existing fill, which has the
potential to be contaminated.
Therefore, construction activities
could expose workers to
contaminated soil onsite. This
impact would be potentially
significant unless mitigation is
incorporated.
HAZ-1 Hazardous Materials Soil Sampling and
Remediation. Prior to issuance of grading permits,
additional soil samples testing for total petroleum
hydrocarbons shall be performed. A work plan shall be
completed to address the sampling protocols to be
followed, as well as the number of samples to be taken
and the chemical analysis required. Upon City of San Luis
Obispo approval, the work plan shall be implemented and
the results of the soil sampling shall be forwarded to the
City of San Luis Obispo. The City shall review the data to
determine if any additional investigation or remedial
activities are deemed necessary. No work shall resume in
that area until the lead local regulatory agency has
provided written authorization that the area does not
warrant any additional action.
If concentrations of contaminants warrant remediation,
contaminated materials shall be remediated either prior to
or concurrent with construction. Remediation shall
generally include a management plan which establishes
design and implementation of remediation. Cleanup may
include excavation, disposal, bio-remediation, or any other
treatment of conditions subject to regulatory action. All
necessary reports, regulations and permits shall be
followed to achieve cleanup of the site. The contaminated
materials shall be remediated under the supervision of an
environmental consultant licensed to oversee such
remediation and under the direction of the lead oversight
agency. The remediation program shall also be approved by
the San Luis Obispo Fire Department. All proper waste
handling and disposal procedures shall be followed. Upon
completion of the remediation, the environmental
consultant shall prepare a report summarizing the project,
the remediation approach implemented, and the analytical
results after completion of the remediation, including all
waste disposal or treatment manifests.
Implementation of
Mitigation Measure
HAZ-1 would reduce
impacts to a less than
significant level
Transportation (from Initial Study)
Construction of the project would
result in short term construction
traffic, construction parking, and
modifications to existing
pedestrian, bicycle, and transit
circulation during the
construction period. This impact
would be potentially significant
unless mitigation is incorporated.
T-1 Construction Management Plan. Prior to the issuance
of each building permit, the construction contractor shall
meet with the Public Works department to determine
traffic management strategies to reduce, to the maximum
extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this
project. The construction contractor will develop a
construction management plan for review and approval by
the Public Works department. The plan shall include at least
the following items and requirements:
A set of comprehensive traffic control measures,
including scheduling of major truck trips and deliveries
to avoid peak traffic and pedestrian hours, detour
signs if required, lane closure procedures, sidewalk
closure procedures, signs, cones for drivers, and
designated construction access routes.
Notification procedures for adjacent property owners
and public safety personnel regarding when major
Implementation of
Mitigation Measure T-1
would reduce impacts
to a less than significant
level.
Executive Summary
Final Environmental Impact Report 17
Impact Mitigation Measures Residual Impact
deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials,
equipment, and vehicles (must be located on the
project site).
Identification of haul routes for movement of
construction vehicles that would minimize impacts on
vehicular and pedestrian traffic, circulation and safety;
and provision for monitoring surface streets used for
haul routes so that any damage and debris
attributable to the haul trucks can be identified and
corrected by the project applicant.
Temporary construction fences to contain debris and
material and to secure the site.
Provisions for removal of trash generated by project
construction activity.
A process for responding to and tracking complaints
pertaining to construction activity.
Provisions for monitoring surface streets used for
truck routes so that any damage and debris
attributable to the trucks can be identified and
corrected.
It is anticipated that this Construction Traffic
Management Plan would be developed in the context
of a larger Construction Management Plan, which
would address other issues such as hours of
construction onsite, limitations on noise and dust
emissions, and other applicable items.
City of San Luis Obispo
Palm Nipomo Parking Structure Project
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Table 4 Class III, Less than Significant Environmental Impacts
Impact Mitigation Measures Residual Impact
Aesthetics
Impact AES-1. The project would not have a
substantial adverse impact on a scenic vista
because it is not located in a city-designated
scenic vista. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Cultural and Tribal Cultural Resources
Impact CR-4. No Tribal Cultural Resources were
identified within the project site, but area is
generally considered sensitive for cultural
resources. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Noise
Impact N-2. Short term construction activities
would generate intermittent levels of
groundborne vibration that would be perceptible,
but would not exceed applicable thresholds. This
impact would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Impact N-3. The project would generate
operational noise from project-generated traffic
and new commercial and parking uses. Noise
from the project would not exceed acceptable
noise levels at existing off -site sensitive
receptors. This impact would be Class III, less
than significant.
No mitigation measures are required. Less than Significant
Cumulative Noise Impact. Under Cumulative Plus
Project Conditions, noise levels would not exceed
thresholds. Impacts would not be significant or
cumulatively considerable.
No mitigation measures are required. Less than Significant
Transportation
Impact T-1. Under Existing Plus Project
conditions, all intersections and segments would
operate at acceptable levels of service for
vehicles, pedestrians, bicycles, and transit. These
impacts would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Impact T-2. The project would not add roadway
capacity that would induce travel and would not
generate new travel demand as a land use. In
addition, the City actively manages parking
demand and encourages non-auto modes of travel.
Therefore, the project would have a negligible
impact on vehicle miles traveled (VMT). This
impact would be Class III, less than significant.
No mitigation measures are required. Less than Significant
Cumulative Traffic Impact. Under Cumulative
plus Project conditions, all study intersections
and segments would operate at acceptable levels
of service for vehicles, and all segments would
operate at acceptable levels of service for
bicycles and transit. These impacts would be
Class III, less than significant.
No mitigation measures are required. Less than Significant
Introduction
Final Environmental Impact Report 19
1 Introduction
This document is an Environmental Impact Report (EIR) that examines the potential effects of
constructing the Palm-Nipomo Project on a 1.38-acre site in the City of San Luis Obispo, California.
The project is described in detail in Section 2.0, Project Description. This chapter describes: (1) the
background of the EIR; (2) the purpose of and legal authority for the EIR; (3) the scope and content
of the EIR; (4) lead, responsible and trustee agencies; and (5) the environmental review process
required under the California Environmental Quality Act (CEQA).
1.1 Environmental Impact Report Background
The City of San Luis Obispo prepared an Initial Study and circulated a Notice of Preparation (NOP) of
this EIR for a 30-day agency and public review period starting on May 1, 2017. The Initial Study
serves as the scoping document for this EIR. The Initial Study determined that the proposed project
required the preparation of an EIR to further evaluate potential impacts related to the following
environmental issue areas: aesthetics, cultural resources, noise, and transportation. The City
received two letters in response to the NOP. The Initial Study, NOP, and NOP comment letters are
presented in Appendix A to this EIR. An EIR scoping meeting was also held on May 10, 2017, in the
City Council Chamber, and comments on the scope of the EIR were received from private citizens
and the Planning Commissioners.
Key issues of concern that were noted in the NOP responses and voiced at the EIR scoping meeting
included the following:
Impacts on views of Cerro San Luis Obispo
Size and scale of the project and its aesthetic compatibility with the historical character or
surrounding development
Impacts to historical resources, including the adobe on the project site
Impacts to tribal cultural resources
Increase in operational noise and its impact on sensitive receptors
Vehicle trips generated by project
Pedestrian-vehicle conflicts; pedestrian safety crossing Nipomo Street
Induced travel
Sources of greenhouse gas emissions
Alternatives to the project
1.2 Purpose and Legal Authority
This EIR has been prepared in accordance with CEQA and the CEQA Guidelines. In accordance with
Section 15121(a) of the CEQA Guidelines, the purpose of this EIR is to serve as an informational
document that:
City of San Luis Obispo
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“will inform public agency decision-makers and the public generally of the significant
environmental effects of a project, identify possible ways to minimize the significant effects, and
describe reasonable alternatives to the project”
This report serves as an informational document for the public and the City of San Luis Obispo
decision-makers. The proposed project requires discretionary approval from the City and, therefore,
is subject to CEQA’s environmental review requirements. The process will culminate with Planning
Commission and City Council hearings to consider certification of a Final EIR and make a decision
whether to approve the proposed project, possibly with conditions of approval, or with
modifications to the project.
1.3 Scope and Content
This EIR addresses the issues determined to be potentially significant in the Initial Study, and based
on responses to the NOP and scoping discussions among the public, consulting staff, and the City.
The environmental issues addressed in impact sections in this EIR include:
Aesthetics
Cultural Resources
Noise
Transportation
All other impacts were addressed in the Initial Study and the associated technical studies prepared
as part of the project application and are summarized in Section 5.0, Issues Addressed in the Initial
Study.
The impact analysis contained in Section 4.0 includes a description of the physical and regulatory
setting, followed by an analysis of the proposed project’s impacts in that area. Each potential impact
is numbered separately, followed by an explanation of how the level of impact was determined.
When appropriate, the EIR identifies feasible mitigation measures. Following the mitigation
measures are a discussion of any residual impacts or secondary impacts.
The alternatives section of the EIR (Section 7.0) was prepared in accordance with Section 15126.6 of
the CEQA Guidelines that requires an EIR to examine a reasonable range of alternatives capable of
avoiding or minimizing a project’s significant effects while achieving most of the basic project
objectives. The alternatives discussion evaluates the CEQA-required “no project” alternative and
three alternative development scenarios for the site. It also identifies the environmentally superior
alternative among the alternatives assessed.
In preparing the EIR, use was made of pertinent City policies and guidelines, existing EIRs and
background documents prepared by the City, and documents that guide land use in the city. A full
reference list is contained in Section 8.0, References, of this EIR.
The level of detail contained throughout this EIR is consistent with the requirements of CEQA and
applicable court decisions. The State CEQA Guidelines provide the standard of adequacy on which
this document is based. The Guidelines state:
“An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with
information which enables them to make a decision which intelligently takes account of
environmental consequences. An evaluation of the environmental effects of the proposed
project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is
reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR
Introduction
Final Environmental Impact Report 21
should summarize the main points of disagreement among the experts. The courts have looked
not for perfection, but for adequacy, completeness, and a good faith effort at full disclosure
(Section 15151).”
1.4 Lead, Responsible, and Trustee Agencies
The State CEQA Guidelines define “lead,” “responsible” and “trustee” agencies. The City of San Luis
Obispo is the lead agency for the project because it has the principal responsibility for approving the
project.
A “responsible agency” refers to a public agency other than the lead agency that has discretionary
approval over the project. The Regional Water Quality Control Board is a Responsible Agency
because the proposed project would require a National Pollutant Discharge Elimination System
Permit.
A “trustee agency” refers to a state agency having jurisdiction by law over natural resources
affected by a project. There are no trustee agencies with jurisdiction on the site.
1.5 Environmental Review Process
The environmental review process required under CEQA is summarized below and shown in Figure
1. The steps appear in sequential order.
1. Notice of Preparation (NOP) Distributed. Immediately after deciding that an EIR is required, the
lead agency must file a NOP soliciting input on the EIR scope to "responsible," "trustee," and
involved federal agencies; to the State Clearinghouse, if one or more state agencies is a
responsible or trustee agency; and to parties previously requesting notice in writing. The NOP
must be posted in the County Clerk's office for 30 days. A scoping meeting to solicit public input
on the issues to be assessed in the EIR is not required, but may be conducted by the lead
agency.
2. Draft EIR Prepared. The Draft EIR must contain: a) table of contents or index; b) summary; c)
project description; d) environmental setting; e) significant impacts (direct, indirect, cumulative,
growth-inducing and unavoidable impacts); f) alternatives; g) mitigation measures; and h)
irreversible changes.
3. Public Notice and Review. A lead agency must prepare a Public Notice of Availability of an EIR.
The Notice must be placed in the County Clerk's office for 30 days (Public Resources Code
Section 21092) and sent to anyone requesting it. Additionally, public notice of Draft EIR
availability must be given through at least one of the following procedures: a) publication in a
newspaper of general circulation; b) posting on and off the project site; and c) direct mailing to
owners and occupants of contiguous properties. The lead agency must consult with and request
comments on the Draft EIR from responsible and trustee agencies, and adjacent cities and
counties. The minimum public review period for a Draft EIR is 30 days. When a Draft EIR is sent
to the State Clearinghouse for review, the public review period must be 45 days, unless a
shorter period is approved by the Clearinghouse (Public Resources Code 21091). Distribution of
the Draft EIR may be required through the State Clearinghouse.
4. Notice of Completion. A lead agency must file a Notice of Completion with the State
Clearinghouse as soon as it completes a Draft EIR.
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5. Final EIR. A Final EIR must include a) the Draft EIR; b) copies of comments received during public
review; c) list of persons and entities commenting; and d) responses to comments.
6. Certification of Final EIR. The lead agency shall certify: a) the Final EIR has been completed in
compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead
agency; and c) the decision-making body reviewed and considered the information in the Final
EIR prior to approving a project.
7. Lead Agency Project Decision. A lead agency may: a) disapprove a project because of its
significant environmental effects; b) require changes to a project to reduce or avoid significant
environmental effects; or c) approve a project despite its significant environmental effects, if
the proper findings and statement of overriding considerations are adopted.
8. Findings/Statement of Overriding Considerations. For each significant impact of the project
identified in the EIR, the lead or responsible agency must find, based on substantial evidence,
that either: a) the project has been changed to avoid or substantially reduce the magnitude of
the impact; b) changes to the project are within another agency's jurisdiction and such changes
have or should be adopted; or c) specific economic, social, or other considerations make the
mitigation measures or project alternatives infeasible. If an agency approves a project with
unavoidable significant environmental effects, it must prepare a written Statement of
Overriding Considerations that set forth the specific social, economic or other reasons
supporting the agency's decision.
9. Mitigation Monitoring/Reporting Program. When an agency makes findings on significant
effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation
measures that were adopted or made conditions of project approval to mitigate significant
effects.
10. Notice of Determination. An agency must file a Notice of Determination after deciding to
approve a project for which an EIR is prepared. A local agency must file the Notice with the
County Clerk. The Notice must be posted for 30 days and sent to anyone previously requesting
notice. Posting of the Notice starts a 30-day statute of limitations on CEQA challenges.
Introduction
Final Environmental Impact Report 23
Figure 1 Environmental Review Process
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Project Description
Final Environmental Impact Report 25
2 Project Description
This section describes the proposed project, including the project applicant, the project site and
surrounding land uses, major project characteristics, project objectives, and discretionary actions
needed for approval.
2.1 Project Applicant
City of San Luis Obispo
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
2.2 Lead Agency Contact Person
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
(805) 781-7203
Contact: Scott Lee, Parking Manager
2.3 Project Location
The project site is a 1.38-acre property located in San Luis Obispo, California. Figure 2 shows the
regional location of the project. The site lies in the City’s Downtown Planning Area, adjacent to the
Downtown Core. The majority of the site (except for APN 002-412-003) is also located in the City’s
Downtown Historic District. Figure 3 shows the location of the project in the context of these
planning areas. The project site located at the intersections of Palm and Nipomo streets and
Nipomo and Monterey streets (609, 610, 614, 630, 633 Palm Street and 970, 972 Nipomo Street).
The property consists of six parcels, including Assessor’s Parcel Numbers (APN) 002-412-001, 002-
412-002, 002-412-003, 002-412-004, 002-412-011, and 002-412-012 (Figure 4).
2.4 Existing Site Characteristics
This section describes the current characteristics of the project site. Additional details of the current
setting at the site and surrounding locations can be found in Section 3.0, Environmental Setting, as
well as in the individual issue area discussions in Section 4.0, Environmental Impact Analysis.
City of San Luis Obispo
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Figure 2 Regional Location
Project Description
Final Environmental Impact Report 27
Figure 3 Project Planning Area
City of San Luis Obispo
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Figure 4 Project Site Location and Surrounding Uses
Project Description
Final Environmental Impact Report 29
Setting 2.4.1
As shown in Figure 3, the project site is located within the City’s Downtown Planning Area, adjacent
to the City’s Downtown Core. The majority of the site (except for APN 002-412-003) is also located
in the City’s Downtown Historic District. As such, the existing setting is urban and characterized by a
wide variety of uses. The project site has been previously graded and developed and is surrounded
by roads and urban structures. A 77-space surface parking lot, one detached garage, and four
residential structures with five residences (three single-family residences and one secondary unit
adjacent to Palm Street with two apartments) currently occupy the site. Two of the residential units,
610 and 614 Monterey Street, are on the City’s List of Contributing Historic Resources, which
identifies structures that contribute to the significance of designated historic districts. The existing
parking lot provides public parking in metered stalls owned and operated by the City of San Luis
Obispo. Ingress and egress to the lot is available from an at-grade driveway on Palm Street.
Elevations onsite range from 190 and 206 feet above mean sea level, and slopes are generally
toward the northwest. Mature trees are scattered throughout the site and located on surrounding
public sidewalks on Nipomo and Palm Streets. One of the trees on the site is a large oak tree along
Monterey Street, which has the potential to be recognized as a “significant tree” by the City Council
Tree Committee. The project site also includes several landscaped planting medians and areas.
Partial views of Cerro San Luis are available from the central portion of the site.
Current Land Use Designation and Zoning 2.4.2
The project site is composed of six parcels. Five of the parcels are currently zoned Office with a
Historic Overlay (O-H), as defined by the City’s Zoning Ordinance, and have Office General Plan land
use designations (APN 002-412-001, 002-412-002, 002-412-004, 002-412-011, and 002-412-012).
These five parcels are located in the City’s Downtown Historic District. One parcel is zoned Medium-
High Density Residential (R-3) and has a Medium-High Density Residential General Plan land use
designation (APN 002-412-003).
Surrounding Land Uses 2.4.3
The area surrounding the site is urbanized. The existing uses surrounding the site are shown in
Figure 4, and include the following:
West. Existing development across Nipomo Street includes the Reis Family Mortuary &
Crematory with surface parking lot and a residential complex comprised of multiple buildings.
The area comprising the mortuary has a land use designation of Office and is zoned Office with a
Historic Overlay (O-H), while the residential complex has a land use designation of Medium-High
Density Residential and is zoned Medium-High Density Residential (R-3).
South. South of the site is the San Luis Obispo Children’s Museum and two residences
designated as City contributing historic resources along Monterey Street. The parcel that houses
the museum has a land use designation of Public and is zoned Public Facility with a Historic
Overlay (PF-H), while the parcels containing the residential units have land use designation of
General Retail and are zoned Downtown Commercial with a Special Consideration and Historic
Overlay (C-D-S-H). Along Nipomo to the southwest is the Soda Works mixed commercial and
residential complex with a land use designation of General Retail and zoned Downtown
Commercial with a Planned Development and Historic Overlay (C-D-H-PD).
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East. Adjacent to the project site is a two-story multi-family residential complex with surface
parking fronting Palm Street and a single-family residence with detached garage, identified as
the Hays-Lattimer Adobe historic resource, fronting Monterey Street. The multi-family
residential building has a land use designation of Medium-High Density Residential and is zoned
Medium-High Density Residential (R-3), while the single family residence has a land use
designation of Office and is zoned Office with Historic Overlay (O-H).
North. The Mission College Preparatory School athletic field is located north of the project site
across Palm Street. The school is located just west of the athletic field along Palm Street. The
area has a land use designation of Medium-High Density Residential. The athletic field is zoned
Medium-High Density Residential (R-3), while the school is zoned Medium-High Density
Residential with a Historic Overlay (R-3-H).
2.5 Project Characteristics
The project would involve the removal of an existing 77-space surface parking lot and five
residential structures (including detached garage) and construction of an above-ground five-level
parking structure, non-profit theater, and commercial space. Figure 5 shows the proposed site plan.
The parking structure would provide up to 445 parking spaces.2 Main vehicular access to the
structure would be from Palm Street, with secondary access from Nipomo Street. Vehicle access
would not be provided from Monterey Street; however, a direct pedestrian connection would be
provided from the structure to Monterey Street. Pedestrian access would also be provided to public
sidewalks from each corner of the structure and bicycle access would be provided from Nipomo
Street. The parking structure’s maximum height, excluding elevator towers, would be 50 feet (Figure
6). The maximum height of the elevator towers would be 64 feet above grade. The top deck of the
parking structure would include a public use space in the northwest corner nearest to Palm and
Nipomo Streets.
The project would also include 5,000 square feet of commercial space on two levels fronting
Nipomo Street. The maximum height of the commercial space would be 41 feet above existing
grade. In addition, the project would include a new structure for the San Luis Obispo Little Theatre
(now the San Luis Obispo Repertory Theatre or SLO REP) that would front Monterey Street. The
theater would be a three-story structure with a gross floor area of roughly 23,841 square feet. The
base level would house a rehearsal area, workshop, storage and other amenities. The main level
would be comprised of a main theater with 155191 seats, and a smaller theatre with 10099
reconfigurable seats, generating a total of 255290 seats. The third floor would include offices and a
conference room. Entry to the theater would be provided at the street level through a public plaza
along Monterey Street. The street level plaza would include a public seating area and incorporate
public art. The maximum height of the theater would be approximately 43 feet above existing
grade.
2 The parking structure is undergoing design refinement with respect to the ultimate number of parking spaces. Based on
the current design, the structure would provide 410 parking spaces; however, the analysis conservatively assumes a
maximum of up to 445 parking spaces would be provided. Motorcycle parking would be provided in accordance with the
ratios required in the City’s Zoning Regulations (§17.16.060).
Project Description
Final Environmental Impact Report 31
Figure 5 Site Plan
City of San Luis Obispo
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Figure 6 Nipomo Street Elevation
Project Description
Final Environmental Impact Report 33
Construction and Demolition
Project construction would last approximately 12 months and is anticipated to start in 2019. Project
construction would include site preparation, demolition, grading, building construction,
architectural coating, and paving. The project would involve the removal of almost all existing public
and private improvements and existing trees and vegetation on the site, with the exception of the
large oak tree along Monterey Street and the two trees at the corner of Nipomo and Monterey
Streets. Demolition activities would involve removal of the existing surface parking lot, four
residential structures3, and detached garage.
The project would excavate to a depth of approximately 14 feet at the highest point of the site,
along the southern and eastern boundaries of the parking structure. In total, earthwork for buildout
of the project is estimated to require 6,400 cubic yards of cut, and 700 cubic yards of fill, resulting in
a need for approximately 5,700 cubic yards of soil export.
The parking structure would be constructed using drilled caissons or rammed aggregate piers to
support the structure. The project would not utilize the method of driven piles.
Site Access and Circulation
Vehicle
As mentioned above, vehicle access into and out of the parking structure would be provided via
driveways on Palm Street and Nipomo Street, with one lane for ingress and one lane for egress at
each driveway. Each driveway entrance would have storage to accommodate two inbound vehicles.
The parking structure exits would be designed so that exiting vehicles would have at least 10 feet of
a clear sight triangle to the sidewalk on both sides of the exit, unobstructed by building corners,
columns, or any other visual impediments. This distance is measured from eight feet behind the
stop bar and two feet to the right of the centerline where a driver would be located in a stopped
vehicle. Motorcycle parking would be provided in accordance with the ratios required in the City’s
Zoning Regulations.
Pedestrian
Sidewalks on Nipomo Street would be widened to approximately 12 to 18.5 feet. The sidewalks on
Palm Street and Monterey Street would be reconstructed, but remain at their current widths. As
shown on Figure 5, a pedestrian crosswalk would be installed across Monterey Street, as well as a
“bump out” of the sidewalk that extends into the street to increase pedestrian visibility at the
crosswalk.
Bicycle
Bicycle parking would be provided near the parking structure’s Nipomo Street entrance. Access
would be shared with the pedestrian entrance, but the width would be 10 feet wide to
accommodate both. Short- and long-term bicycle parking would be provided in accordance with the
ratios required in the City’s Zoning Regulations.
3 As noted in Section 2.4.1 Setting, there are four residential structures containing five residences (three single-family
residences and one secondary unit containing two separate apartments).
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Palm Nipomo Parking Structure Project
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Conceptual Design
The following characteristics are proposed design features of the project.
The parking structure would be set back ten feet from the eastern boundary. The theater would
be set back from Monterey Street with a public plaza area in front.
The façade of parking structure and commercial space would be designed to resemble a
neighborhood building instead of a typical parking structure and with an architectural style
similar to the surrounding Spanish Colonial architecture. Architectural design elements would
include arches, stucco, tile roof, rusticated base, and multi-paned mullion pattern (Figure 76).
The openings on the parking structure would be articulated with mullions and sized to reflect
traditional window openings in a building. Openings on the east side would have solid rails
approximately 3.5 feet high.
The Nipomo Street facade reflects and would complement the downtown architecture and
steps down the building form to a two-story structure along Nipomo Street (Figure 87).
The theater would have a contemporary design with the primary exterior finish materials being
a multi-colored terra cotta, rain-screen panel system eliciting a color scheme complimenting
that of the nearby historic Mission San Luis Obispo de Tolosa-namely white, dun, and varying
shades of terra cotta clay. Accent and secondary materials would be smooth troweled stucco in
a dun tone, and split face and split fluted concrete masonry unit blocks in a terra cotta tone. In
addition, there would be two prominent, curved glass curtain walls with brushed aluminum
muntins that face Monterey Street.
Conceptual Lighting
Outdoor lighting would be fully shielded or recessed and downcast, consistent with the City’s
Municipal Code. Proposed exterior lighting would consist of dimmable white light-emitting diodes
(LED) mounted to the buildings. Lighting inside the parking structure would consist of LED
downlights with shielding elements. When viewed from outside of the parking structure, these
shielding elements would eliminate any direct views of the light source.
Lighting on the rooftop parking level would be provided by pole-mounted LED luminaires compliant
with the City of San Luis Obispo Municipal Code, which requires rooftop lights to minimize spill and
include full-cutoffs that reduce light pollution at night. To comply with the Title 24 energy codes, the
parking structure would be controlled with photocells to conserve energy during daytime
operational hours. The parking structure would also utilize occupancy sensors which would turn the
lights off when no activity is detected in the structure.
The lighting concept for the plaza area is to provide low-level pedestrian lights (recessed wall lights
and/or bollard lights) that give a safe light level for night use. Additionally, there would be accent
lighting in the planters to illuminate the courtyard trees. Non-emergency lighting would be on
automatic shut-off timers and lighting would be on motion-activated sensors where appropriate.
Streetlights would be installed per City Engineering Standards, and the approved conceptual
Downtown Lighting Plan (for streetlights along Monterey Street).
Project Description
Final Environmental Impact Report 35
Figure 76 Conceptual Project Renderings (View of Parking Structure and Commercial Space from Corner of Palm and Nipomo
Streets)
Source: RRM Design Group, 2016
City of San Luis Obispo
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Figure 87 Conceptual Project Renderings (View of Commercial Space and Parking Structure from Nipomo Streets)
Source: RRM Design Group, 2016
Project Description
Final Environmental Impact Report 37
Landscaping and Trees
Landscaping would consist of new street trees in accordance with the City of San Luis Obispo’s
street tree list (e.g., Brisbane Box, Carrotwood, Ficus, Queen Palms) along Palm, Nipomo, and
Monterey streets, ranging from 8 to 12 feet high. After five years, the trees would be expected to
achieve heights in the range of 16 to 30 feet tall. Existing trees, including the fern pine and oak on
the corner of Monterey and Nipomo streets and the large oak tree on Monterey Street would
remain. In addition, landscaping would include drought-tolerant shrub planters along the pedestrian
plaza/walkways. Landscape irrigation would be designed to minimize the use of water and meet all
water conservation practices required by the City’s Municipal Code.
Utilities
Water, firewater, and wastewater service for the project would be provided by the City via adjacent
main lines that surround the project site. No utility extensions would be required.
Project Objectives 2.5.1
Objectives for this project include the following:
Provide a minimum of 400 parking spaces
Accommodate cultural uses on Monterey Street in front of the structure
Include a pedestrian-level public use plaza area at the corner of Nipomo and Monterey Streets
Provide a direct pedestrian connection from the structure to Monterey Street
Preserve the large oak tree on site
Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
Required Approvals 2.5.2
The following approvals would be required for the project:
General Plan Amendment. Amend General Plan Land Use Map from Office and Medium-High
Density Residential to Public
Zone Change. Amend Zoning Map from Office with Historic Overlay (O-H) and Medium-High
Density Residential to Public Facility with a Historic Overlay (PF-H)
Planning Commission Use Permit. To allow the multi-level parking structure and non-profit
theater with deviations to the setback requirements and building height limits4, and to request a
variances forto the floor to area ratio to exceed 1.0 and to the maximum lot coverage to exceed
the 60 percent maximum lot coverage 4
Architectural Review. Including both Cultural Heritage Committee and Architectural Review
Commission review
In addition, the following approval would be required:
Regional Water Quality Control Board – National Pollutant Discharge Elimination System Permit
4 Zoning Regulations Table 9: Subsection 6. Parking as a principal use. Use Permit approval may include deviations to
otherwise applicable setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 59
4.2 Cultural and Tribal Cultural Resources
This section analyzes potential impacts to cultural and tribal resources as a result of the proposed
project. The analysis is based on the 2011 Cultural Resources Study prepared by Applied Earthworks
(Appendix C).
Setting 4.2.1
a. Environmental Setting
Prehistoric Setting
The project site is located in what is described generally as the Central Coast archaeological region,
one of eight organizational divisions of California (Jones and Klar 2007, Moratto 1984). The Central
Coast archaeological region extends from Monterey Bay to Morro Bay, and includes the County of
San Luis Obispo. The prehistoric cultural chronology for the Central Coast is generally divided into six
periods: Paleoindian (ca. 10,000–6,000 B.C.), Millingstone (6,000–3,000 B.C.), Early and Early-Middle
Transition (3,000–600 B.C.), Middle (600 B.C. - A.D. 1000), Middle-Late Transition (A.D. 1000–A.D.
1250), and Late (A.D. 1250–historic contact [ca. A.D. 1769]) (Jones and Klar 2007).
Several chronological sequences have been devised to understand cultural changes along the
Central Coast from the Millingstone Period to contact. Jones (1993) and Jones and Waugh (1995)
presented a Central Coast sequence that integrates data from archaeological studies conducted
since the 1980s. Three periods, including the Early, Middle, and Late periods, are presented in their
prehistoric sequence subsequent to the Millingstone Period. More recently, Jones and Ferneau
(2002) updated the sequence following the Millingstone Period as follows: Early, Early-Middle
Transition, Middle, Middle-Late Transition, and Late periods. The archaeology of the Central Coast
subsequent to the Millingstone Period is distinct from that of the Bay Area to the north and Central
Valley to the east. The region has more in common with the Santa Barbara Channel area during the
Middle and Middle-Late Transition periods, but few similarities during the Late period (Jones and
Ferneau 2002).
Historic Setting
Post-European contact history for California is divided generally into three periods: the Spanish
Period (1769–1822), the Mexican Period (1822–1848), and the American Period (1848–present). The
Spanish Period brought the establishment of the California mission system, while the Mexican
Period is largely known for the division of the land of California into private land holdings. Following
the Mexican-American war, the United States purchased California from Mexico; population of the
state subsequently increased, particularly during the Gold Rush.
Following the arrival of the first Europeans, Padre Junipero Serra founded Mission San Luis Obispo
de Tolosa in 1772. The population of native people at the mission declined rapidly. In 1803, there
was a peak of 919 Native Americans residing at the mission, but by 1838 the population had
declined to 170. In 1822, California became a Mexican Territory, and the mission lands gradually
became private ranchos through Mexican land grants. In 1846, the Bear Flag Rebellion resulted in
California’s independence from Mexico, and control of the territory soon fell into the hands of the
United States.
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The City of San Luis Obispo was incorporated in 1876 (Angel 1883). The city’s early development is
closely associated with Mission San Luis Obispo de Tolosa, the Coast Line Stage which carried U.S.
mail for Wells Fargo and Company through San Luis Obispo to points north and south of the City,
and the pacific railway which made San Luis Obispo the commercial center of the region and
provided access for passenger steamer service (Kocher 1972; Tognazzini 1993; Cooper 1875; Angel
1883). The completion of the mainline Southern Pacific rail line allowed travel and shipment of
goods with greater opportunities for selling and buying commodities. The establishment of
California Polytechnic State University in 1903 as a vocational school on 281 acres was also a
significant draw for the city. Later development was driven by the completion of U.S. Highway 101
as San Luis Obispo was a prime location for travelers to rest on the long trip from San Francisco to
Los Angeles and the establishment of the nearby military base at Camp San Luis Obispo (City of San
Luis Obispo 1983; Krieger 1988; Palmer et al. 2001).
Beginning in 1945, following the end of World War II, San Luis Obispo experienced a period of
modernization in the second half of the twentieth century, mainly due to returning soldiers. The
influx of new commerce required new development, with older buildings demolished to make way
for more modern structures and parking lots. Many of the older buildings demolished were
residential homes. City landmarks and many remaining adobes were lost during this period. Growth
required an influx of parking to accommodate downtown customers. Many city surface parking lots
were established in the downtown, including the one on the current project.
Project Site Historic Context
Properties lining Monterey and Higuera streets between Nipomo and Santa Rosa streets were
rapidly developed in the 1860s for both commercial and residential purposes. The Harris and Ward
Map established Block 9, bounded by Palm, Broad, Monterey, and Nipomo streets, divided into six
lots. The project site encompasses Lots 1 and 2 whose owners were identified as: Lot 1, illegible and
Lot 2, Roberto Villa. Roberto Villa presented a Petition for Grant for Lot 2 in 1870. He had settled on
the land in 1855 and his property and a solitary structure appear on an 1859 petition for land that
also depicts a fence on Lot 1 (at the corner of Palm and Nipomo Streets). By 1874, the project site
had been divided into three lots (Applied EarthWorks 2011).
During the last quarter of the nineteenth century, the project area experienced little change while
Monterey Street, to the east, continued to develop with commercial and residential infill. Within the
project area, dwellings at 610, 614, and 630 Monterey Street exhibited small additions to the rears
of the buildings. The 1886, 1888, and 1891 Sanborn Maps show three residences within the project
area, including an outhouse at the rear of the adobe on Lot 3. James Moore operated a dyeing and
cleaning business in a shed at 614 Monterey Street. Three small ancillary buildings and one a shed
were present at 610 Monterey Street. All of the buildings are no longer present on the project site.
Shortly after the turn of the twentieth century, the city began improving streets by grading roads
and filling in low places with gravel, and new development followed these improvements. Within
the project area, a house was constructed in Lot 1 along with an outhouse or shed. During this same
time, James Moore moved his dyeing and cleaning business from 614 Monterey Street to 610
Monterey Street. By the 1930s, the structures at 610 and 614 Monterey Street were demolished
and new residences were constructed in their place in 1937 and 1933, respectively. By 1957, the
house on Lot 1 was moved to the south of the lot and a welding shop was constructed in its place.
New surface parking lots established in the 1960s and 1970s frequently replaced older buildings and
historic uses of the properties. Within the project site, two dwellings and the welding shop were
demolished to make room for the parking lot that exists today.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 61
Documented Cultural Resources
This section is based on the results of the 2011 Cultural Resources Study (Appendix C) and 2017
updated records search, of which the methods are further described in section 4.2.2(a) below.
Archaeological Resources
The results of the records searches identify the presence of one archaeological site within the
project site (CA-SLO-2341H) and two archaeological sites adjacent to the project site (CA-SLO-
1890/H and CA-SLO-2206H). Resource CA-SLO-2341H was identified in 2003 during a citywide water
line installation project and consists of a series of historic archaeological features. The nearest
component of CA-SLO-2341H to the current project site was a black powder flask (1790-1860)
located at the intersection of Palm and Nipomo streets adjacent to the current project site.
Resources CA-SLO-1890/H and CA-SLO-2206H both consist of historic refuse deposits. Resource CA-
SLO-1890/H also includes a historic house and the remnants of an adobe structure. The site record
also suggests that the archaeological site contains a prehistoric component, but no discussion is
given for such remains and the site is described as containing “virtually no pre-1880 refuse.”
The results of the records search further identified studies conducted by Bertrando and Bertrando
within the project area that consisted of archaeological testing within the project area in 1997 and
in 1999. The testing conducted in 1997 identified historical material in the upper 12 inches of soil.
The testing conducted in 1999 identified the remains of the rock foundation of a house constructed
circa 1905 and additional historic artifacts including glass, ceramics, nails, shell, and ceramic roof
tiles all thought to be associated with the house and with a welding shop (1926–1996) that was
located on the property.
As part of the 2011 Cultural Resources Study, Applied Earthworks staff also conducted a pedestrian
survey of the project site for archaeological and architectural resources. The project area has very
little exposed ground surface, though narrow strips of exposed soil are present along the Monterey
Street boundary of the project site which contained historic-period debris, including glass, ceramic
fragments, ferrous metal items, and shell. The study concluded that it is likely that subsurface
cultural remains are intact.
Built Environment Resources
The project site is partially located within the Downtown Historic District, which was locally
designated in 1987, and is therefore considered a historical resource under CEQA. Figure 3 shows
the boundaries of the Downtown Historic District relative to the project site. The Downtown Historic
District extends east from U.S. Highway 101 and Dana Street to just beyond Osos Street, and runs
north from Marsh Street to Palm Street. It contains many of the city’s most important historic
buildings, and while they are primarily commercial, there is also a small subsection of residential
properties largely concentrated west of Broad Street, in the project area. The buildings on the north
side of Monterey Street create a historic streetscape that connects the area west of Mission Plaza to
the westernmost section of the Downtown Historic District on Dana Street. In this area, the historic
district transitions from commercial to residential, which is a physical characteristic of the district
that helps conveys the reasons for its significance.
The City maintains a Master List of Historic Resources, which identifies buildings that are considered
historically significant on their own merits, and a List of Contributing Historic Resources, which
identifies structures that contribute to the significance of designated historic districts, although they
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may not be individually significant. In general, buildings within the district display a variety of
architectural styles but are primarily one to two stories in height and 50 to 75 feet in width.
Two Master List properties and two contributing properties lie within or adjacent to the current
project area (Table 5). The single-story vernacular residence with a detached garage at 610
Monterey Street, located on the project site, is a contributing property built in 1937 by Klien
Williams. Although the 2011 Cultural Resources Study recommended it as ineligible for the CRHR
and local listing, it is currently listed as a contributor to the Downtown Historic District and is thus
considered a historical resource for the purposes of CEQA.
The single-story, mission-influenced vernacular residence at 614 Monterey Street, located on the
project site, was built by Louis R. Heyd in 1935 and is also is a contributing property to the
Downtown Historic District. The 2011 Cultural Resources Study identified this property as being
eligible for local listing on the City’s Master List because of its rarity and its representation of the
vernacular renewal of adobe architecture prior to World War II. The property is therefore
considered a historical resource for the purposes of CEQA.
The Hays-Lattimer adobe is a Master List property located immediately adjacent to the east of the
project site at 638-642 Monterey Street. Constructed in 1860, the property contains a weather-
boarded single-story adobe residence. The two-story Harmony Creamery at 991 Nipomo Street, also
located adjacent to the project site, is another Master List property. Built in 1930 by the Harmony
Valley Creamer Association, it is Spanish Colonial Revival in style.
The residential buildings on the project site located at 633 and 633 ½ Palm Street are located just
outside the City’s Downtown Historic District. They were each recommended ineligible for listing on
the CRHR and local listing, and were not found to qualify as contributing resources to the Downtown
Historic District; neither is considered a historical resource under CEQA as a result.
Table 5 Designated Historic Buildings Within and Adjacent to the Project Site
Address Local Designation
Location Relative
to Project Site
610 Monterey Street Contributing property to Downtown Historic District Within
614 Monterey Street Contributing property to Downtown Historic District Within
638-342 Monterey Street
(Hays-Lattimer Adobe)
On Master List of Historic Resources, Downtown Historic District Adjacent
991 Nipomo Street
(Harmony Creamery)
On Master List of Historic Resources, Downtown Historic District Adjacent
Paleontological Setting
The project site lies between the San Lucia Mountains and the San Luis Mountains in the Coast
Ranges geomorphic province. The Coast Ranges are northwest-trending mountain ranges and
valleys that run along the Pacific coast from Santa Barbara to the Oregon border (Norris and Webb,
1990). The Coast Ranges record a thick sequence of sedimentary strata dating back to the Mesozoic
Franciscan Melange (~251 million years ago), with granitic and metamorphic rocks of the Salinian
block present in the southern Coast Ranges, where the project is located (Norris and Webb 1990).
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 63
The Franciscan Melange records deposition of volcanic and clastic sediments into a subduction zone
during the Mesozoic era, followed by subsequent metamorphism (Wakabayashi 1992). The
Franciscan Melange is known to contain a wide range of fossils, including radiolarians, mollusks,
diatoms, foraminifers, and marine vertebrates (Schlocker 1974; Elder 2015; Hilton 2003). A search of
the University of California Museum of Paleontology (UCMP) online collection records shows that
fossils of all of these organisms have been recovered from Franciscan rocks in and around San Luis
Obispo County (UCMP 2017). The most impressive of these fossils is a large marine reptile,
Plesiosaur hesternus, recovered from Oakley Ranch (Hilton 2003).
More recently, the Pleistocene history of the region (2.6 million–10,000 years ago) is marked by
glacially controlled sea level fluctuations and tectonic uplift during which the shoreline advanced
and retreated as much as 30 miles across the continental shelf (Hall 2007). Sea level advance cut a
system of marine terraces, 12 of which are exposed in the Point San Luis area eight to nine miles
southwest of the city. These terraces range in age from 83,000 to 49,000 years, and reach elevations
of 79 feet above modern sea level. The formations that compose these terraces are the most
paleontologically productive in the region (City of San Luis Obispo 2014).
Jefferson et al. (1992) reported three vertebrate localities along the coast within nine miles of San
Luis Obispo. These localities occur in Pleistocene fluvial deposits overlying marine terraces, and
include assemblages of the Rancholabrean mammals Equus sp. and E. occidentalis (horse);
Camelops sp. and C. hesternus (camel); Bison antiquus and B. latifrons (bison), and Mammut
americanum (mammoth). Other localities in San Luis Obispo County are noted as well (UCMP 2017).
b. Regulatory Setting
The primary applicable federal and state laws and regulations protecting cultural resources are the
National Historic Preservation Act, as amended, CEQA, and California Public Resources Code (Cal.
Public Res. Code) §§5024.1 and 21084.1. These and other federal, state, and local laws and
regulations and ordinances that pertain to cultural resources are described below.
Federal
The project does not involve federal funding or permitting, and as a result, does not have a federal
nexus. Therefore, compliance with reference to the National Historic Preservation Act (NHPA) of
1966 and other federal laws is provided here for informational purposes only.
National Historic Preservation Act [16 United States Code (U.S.C.) Section 470
et seq.]
The NHPA establishes the federal government policy on historic preservation and the programs,
including the National Register of Historic Places (NRHP), through which this policy is implemented.
Under the NHPA, significant cultural resources, referred to as “historic properties,” include any
prehistoric or historic district, site, building, structure, or object included in, or determined eligible
for inclusion in, the NRHP. Historic properties also include resources determined to be National
Historic Landmarks. National Historic Landmarks are nationally significant historic places designated
by the Secretary of the Interior because they possess exceptional value or quality in illustrating or
interpreting United States heritage. A property is considered historically significant if it meets one of
the NRHP criteria and retains sufficient historic integrity to convey its significance. This act also
established the Advisory Council on Historic Preservation, an independent federal agency that
administers Section 106 of the NHPA by developing procedures to protect cultural resources
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included in, or eligible for inclusion in, the NRHP. Regulations are published in 36 Code of Federal
Regulations (C.F.R.) Parts 60, 63, and 800.
Archaeological Resources Protection Act (ARPA) [16 U.S.C. 470]
This statute was enacted to secure, for the present and future benefit of the American people, the
protection of archaeological resources and sites which are on public lands and Indian lands. It was
also enacted to foster increased cooperation and exchange of information between governmental
authorities, the professional archaeological community, and private individuals (Sec. 2(4)(b)).
State
California Environmental Quality Act, Public Resources Code §21083.2 and
California Code of Regulations (CCR), Title 14, §15064.5
CEQA requires a lead agency to consider the effects of a project on historical resources (Cal. Public
Res. Code §21084.1). The CEQA Guidelines §15064.5(b) provides specific guidance for determining
the significance of impacts on historical resources and unique archaeological resources (CEQA
Guidelines §15064.5(b) and Cal. Public Res. Code §21083.2). Under CEQA, these resources are called
“historical resources” whether they are of historic or prehistoric age. Public Resources Code
§21084.1 defines historical resources as those listed, or eligible for listing, in the California Register
of Historical Resources (CRHR), or those listed in the historical register of a local jurisdiction (county
or city) unless the preponderance of the evidence demonstrates that the resource is not historically
or culturally significant. NRHP-listed “historic properties” located in California are considered
historical resources for the purposes of CEQA and are also listed in the CRHR. The CRHR criteria for
listing such resources are based on, and are very similar to, the NRHP criteria. Cal. Public Res. Code
§21083.2 and CEQA Guidelines §15064.5(c) provide further definitions and guidance for
archaeological sites and their treatment.
Different legal rules apply to the two different categories of cultural resources, though the two
categories sometimes overlap where a “unique archaeological resource” also qualifies as a
“historical resource.” In such an instance, the more stringent rules for the protection of
archaeological resources that are historical resources apply.
CEQA Guidelines §15064.5 also prescribes a process and procedures for addressing the existence of,
or probable likelihood, of Native American human remains, as well as the unexpected discovery of
any human remains during implementation of a project. This includes consultations with
appropriate Native American tribes.
The CEQA Guidelines define procedures, types of activities, persons, and public agencies required to
comply with CEQA. CEQA Guidelines §15064.5(b) prescribes that project effects that would “cause a
substantial adverse change in the significance of an historical resource” are significant effects on the
environment. Substantial adverse changes include physical changes to both the historical resource
and its immediate surroundings.
Section 15126.4(a)(1) states that an EIR shall describe feasible measures which could minimize
significant adverse impacts. Section 15126.5(b) describes mitigation measures related to impacts on
historical resources.
CEQA also requires that public agencies and private interests identify the potential environmental
consequences of their proposed projects on any object or site considered to be a historical resource
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 65
of California, including paleontological resources (Cal. Public Res. Code §21084.1, CCR Title 14,
§15064.5).
California Register of Historical Resources (Cal. Public Res. Code §5024.1 and
14 CCR §4850)
Cal. Public Res. Code §5024.1 establishes the CRHR, which lists all California properties considered
to be significant historical resources. The CRHR also includes all properties listed or determined
eligible for listing in the NRHP, including properties evaluated and determined eligible under §106.
The criteria for listing on the CRHR, criteria 1–4, are similar to those of the NRHP:
[Resources that are] associated with events that have made a significant contribution to the 1.
broad patterns of California’s history and cultural heritage
[Resources that are] associated with the lives of persons important in our past 2.
[Resources that] embody the distinctive characteristics of a type, period, region, or method of 3.
construction, or represents the work of an important creative individual, or possesses high
artistic value
[Resources that have] yielded, or may be likely to yield, information important in prehistory or 4.
history
The CRHR regulations govern the nomination of resources to the CRHR (14 CCR §4850). The regulations
set forth the criteria for eligibility as well as guidelines for assessing historical integrity and resources that
have special considerations.
California Public Resources Code
Cal. Public Res. Code also protects paleontological resources in specific contexts. In particular, Cal.
Public Res. Code §5097.5 prohibits “knowing and willful” excavation, removal, destruction, injury,
and defacement of any paleontological feature on public lands without express authorization from
the agency with jurisdiction. Violation of this prohibition is a misdemeanor and is subject to fine
and/or imprisonment (Cal. Public Res. Code § 5097.5(c)), and persons convicted of such a violation
may also be required to provide restitution (Cal. Public Res. Code § 5097.5(d)(1)). Additionally, Cal.
Public Res. Code §30244 requires “reasonable mitigation measures” to address impacts on
paleontological resources identified by the State Historic Preservation Officer.
Section 5097.5 of the Cal. Public Res. Code states:
“No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any
historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site,
including fossilized footprints, inscriptions made by human agency, or any other archaeological,
paleontological or historical feature, situated on public lands, except with the express
permission of the public agency having jurisdiction over such lands. Violation of this section is a
misdemeanor.”
As used in this Cal. Public Res. Code section, “public lands” means lands owned by, or under the
jurisdiction of, the state or any city, county, district, authority, or public corporation, or any agency
thereof. Consequently, local agencies are required to comply with Cal. Public Res. Code §5097.5 for
their own activities, including construction and maintenance, as well as for permit actions (e.g.,
encroachment permits) undertaken by others.
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Codes Governing Human Remains
Section 15064.5 of the CEQA Guidelines also assigns special importance to human remains and
specifies procedures to be used when Native American remains are discovered. The disposition of
human remains is governed by Health and Safety Code §7050.5 and Cal. Public Res. Code §§5097.94
and 5097.98, and falls within the jurisdiction of the NAHC. If human remains are discovered, the
County Coroner must be notified within 48 hours and there should be no further disturbance to the
site where the remains were found. If the remains are determined by the coroner to be Native
American, the coroner is responsible for contacting the NAHC within 24 hours. The NAHC, pursuant
to Cal. Public Res. Code §5097.98, will immediately notify those persons it believes to be most likely
descended from the deceased Native Americans so they can inspect the burial site and make
recommendations for treatment or disposal.
California Tribal Cultural Resources and Consultation (Assembly Bill 52,
Chapter 532)
Assembly Bill (AB) 52 became law on January 1, 2015. It establishes a formal consultation process
for California Indian tribes as part of CEQA and equates significant impacts on tribal cultural
resources with significant environmental impacts. Several new Public Resources Codes have been
written to codify the law’s requirements. Cal. Public Res. Code §21074 defines a California Native
American Tribe as a tribe located in California that is on the contact list maintained by the Native
American Heritage Commission. It also defines what types of resources are to be considered tribal
cultural resources. Cal. Public Res. Code §21080.3.1 describes formal tribal consultation
requirements; Cal. Public Res. Code §21080.3.2 provides that if the California tribe requests
consultation to include project alternatives and mitigation measures, such consultation would be
required; Cal. Public Res. Code §21082.3 provides that any mitigation measures agreed upon during
consultation shall be recommended for inclusion in the environmental document and affirms the
lead agency’s obligation to keep confidential any information obtained from a Native American tribe
during the consultation process; and Cal. Public Res. Code §21083.4 provides examples of mitigation
for impacts to Tribal Cultural Resources.
Senate Bill 18 (Chapter 905, Statutes of 2004)
Senate Bill (SB) 18 requires cities and counties to consult with Native American tribes to help protect
traditional tribal cultural places through the land use planning process for general plan adoption or
amendments and to specific plan adoption or amendments.
Local
San Luis Obispo Zoning Regulations, Chapter 17.54
Establishes the Historical Preservation Overlay Zone (H) and describes its purposes and application,
allowed uses and property development standards.
Historic Preservation Ordinance, San Luis Obispo Municipal Code 14.1
The City Municipal Code contains specific requirements for the demolition and relocation of
structures listed in the inventory of historic resources. These requirements are stated in Municipal
Code §§14.01.100 and 14.01.110.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 67
The City Municipal Code states that the Cultural Heritage Committee (CHC) shall review and make
recommendations to the City Council regarding demolition applications for structures listed in the
inventory of historic resources. An application for demolition of a listed historic resource shall be
approved only if the proposed demolition is found consistent with the general plan, and 1) the
historic resource is a hazard to public health of safety, and repair or stabilization is not structurally
feasible; or 2) denial of the application will constitute an economic hardship as described in
§14.01.100(J)(1-3) of the municipal code. Additional procedures regarding the timing of the
demolition, documentation and acknowledgment of the historic resource are also delineated.
Likewise, the relocation of a structure listed on the inventory of historical resources is subject to
review by the CHC and Architectural Review Commission (ARC). Relocation shall be permitted only
when relocation is consistent with the goals and policies of the general plan, any applicable area or
specific plans, and the Historic Preservation Program Guidelines, as well as additional criteria
defined in Municipal Code §14.01.110(B)(1-6). The timing, plan, procedures, and documentation are
also delineated.
City of San Luis Obispo Municipal Code Demolition and Moving of Buildings
Appendix Chapter 2, Chapter 201, of the San Luis Obispo Municipal Code, establishes procedures
and requirements for the relocation or demolition of historic buildings.
City of San Luis Obispo Historic Preservation Program Guidelines
The guidelines establish procedures for the treatment of historic resources, including construction in
historic districts and on properties with historic resources. They also include a discussion of the
city’s existing historic districts and provide a summary of their significance and character-defining
features.
City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines
The guidelines establish procedures to be used for the identification, evaluation, and preservation of
archaeological and other cultural resources. Cultural resources refer to the artifacts, human
remains, and sites containing evidence of past human activities, including prehistoric Native
American archaeological sites, historic archaeological sites, sites or natural landscapes associated
with important human events, and Native American sacred places and cultural landscapes.
City of San Luis Obispo Community Design Guidelines
The guidelines establish site and architectural design standards for development projects, including
projects involving historic resources and historic districts, and demolitions.
City of San Luis Obispo General Plan Conservation and Open Space Element. The Conservation and
Open Space Element of the General Plan establishes citywide policies and programs regarding
identification and treatment of cultural resources. The following policies apply to this project:
Policy 3.3.1 Historic Preservation. Significant historic and architectural resources should be
identified, preserved, and rehabilitated.
Policy 3.3.2 Demolitions. Historically or architecturally significant buildings shall not be
demolished or substantially changed in outward appearance, unless doing so is necessary to
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remove a threat to health and safety and other means to eliminate or reduce the threat to
acceptable levels are infeasible.
Policy 3.3.3 Historical Documentation. Buildings and other cultural features that are not
historically significant but which have historical or architectural value should be preserved or
relocated where feasible. Where preservation or relocation is not feasible, the resources shall
be documented and the information retained in a secure but publicly accessible location. An
acknowledgement of the resources should be incorporated within the site through historic
signage and the reuse or display of historic material and artifacts.
Policy 3.5.1. Archaeological Resource Protection. The City shall provide for the protection of
both known and potential archaeological resources. To avoid significant damage to important
archaeological sites, all available measures, including purchase of the property in fee or
easement, shall be explored at the time of a development proposal. Where such measures are
not feasible and development would adversely affect identified archaeological or
paleontological resources, mitigation shall be required pursuant to the Archaeological Resource
Preservation Program Guidelines.
Policy 3.5.2. Native American Sites. All Native American cultural and archaeological sites shall
be protected as open space wherever possible.
Policy 3.5.4 Archaeological Sensitive Areas. Development within an archaeologically sensitive
area shall require a preliminary site survey by a qualified archaeologist knowledgeable in Native
American cultures, prior to a determination of the potential environmental impacts of the
project.
Policy 3.5.5 Archaeological Resources Present. Where a preliminary site survey finds substantial
archaeological resources, before permitting construction, the City shall require a mitigation plan
to protect the resources. Possible mitigation measures include: presence of a qualified
professional during initial grading or trenching; project redesign; covering with a layer of fill;
excavation removal and curation in an appropriate facility under the direction of a qualified
professional.
Policy 3.5.6 Qualified Archaeologist Present. Where substantial archaeological resources are
discovered during construction or grading activities, all such activities in the immediate area of
the find shall cease until a qualified archaeologist knowledgeable in Native American cultures
can determine the significance of the resource and recommend alternative mitigation
measures.
Policy 3.5.7 Native American Participation. Native American participation shall be included in
the City’s Guidelines for resource assessment and impact mitigation. Native American
representatives should be present during archaeological excavation and during construction in
an area likely to contain cultural resources. The Native American community shall be consulted
as knowledge of cultural resources expands and as the City considered updates or significant
changes to its General Plan.
Policy 3.6.3 Construction within Historic Districts. The Cultural Heritage Committee and
Architectural Review Commission will provide specific guidance on the construction of new
buildings within historic districts.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 69
Impact Analysis 4.2.2
a. Methodology and Significance Thresholds
Methodology
Cultural Resources Methodology
Direct impacts are assessed by identifying known cultural resources in the project study area,
determining if any archaeological sites or historic structures are located within the project area,
assessing the significance of the resources that may be affected, and determining the appropriate
mitigation. Removal, demolition, or alteration of historical resources can permanently impact the
historic fabric of an archaeological site, structure, or historic district.
As previously mentioned, in 2011 Applied Earthworks prepared a Cultural Resources Study of the
project site and vicinity (Appendix C). The study involved a records search at the Central Coast
Information Center of the California Historical Resources Information System at the University of
California Santa Barbara, archival and historical research, field survey of the property, predictive
modeling of archaeological resources, evaluation of any potentially significant historic structures on
the property, and assessment of potential impacts to the surrounding Downtown Historic District.
The records search was conducted to identify previous cultural resources evaluations and previously
recorded cultural resources on the project site as well as within a 200-foot radius of the project site.
The archival research focused on the review of primary and secondary source materials related to
the history and development of the project site and vicinity. Sources examined during the records
and archival search included maps pinpointing cultural resources locations, survey coverage maps,
site record and report files, city directories, Great Registers, historical maps, and newspapers. The
State Historic Property Data Files, National Register of Historic Places, National Register of
Determined Eligible Properties, California Points of Historic Interest, California Office of Historic
Preservation Archaeological Determinations of Eligibility, and the California Department of
Transportation State and Local Bridge Surveys were also analyzed. The results of the records search
further identified studies conducted by Bertrando and Bertrando within the project site that
consisted of archaeological testing in 1997 and 1999. In 2017, Rincon Consultants conducted an
updated records search to expand the radius to 0.25-mile and to identify any cultural resources
recorded since 2011.
Archaeological sites and historic structures located within the project area are described in Section
4.2.1, Setting.
Native American Consultation
The City conducted Native American consultation consistent with Senate Bill 18 and Assembly Bill 52
for the project to identify potential concerns or issues associated with Native American cultural
resources near the project. Rincon contacted the NAHC to determine if any sites recorded in the
NAHC’s Sacred Lands File occur in or near the project site. The NAHC responded on May 1, 2017 that
the search of the sacred land files for the USGS quadrangle in which the project is located “provided
negative results” (citation). The NAHC did provide a list of Native American tribes with traditional
lands or cultural places in the project area that may have knowledge of cultural resources at the
project site. The Native American scoping did not identify any specific resources important to the
consulted groups in or near the project site. However, Patti Dunton of the Salinan Tribe of Monterey
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and San Luis Obispo Counties noted that the project site is sensitive for cultural resources and
requested an archaeological survey of the project area before and after the asphalt is removed. She
asked that if resources are identified that all further ground-disturbing areas be monitored by a
cultural resources specialist from the Salinan Tribe. Native American correspondence can be found
in Appendix C.
Paleontological Resources Methodology
Rincon Consultants paleontologists evaluated the paleontological sensitivity of the geologic units
present on the project site based on a review of existing information in the primary literature on
known fossils within those geologic units, review of previous geotechnical studies of the project site,
and consultation of the online database maintained by the University of California Museum of
Paleontology (UCMP) for fossil localities in San Luis Obispo County recorded from geologic units
present in the project site.
Rincon Consultants’ paleontologists assigned paleontological sensitivity to each geologic unit within
the project site. The potential for impacts to significant paleontological resources is based on the
potential for ground disturbance to directly impact paleontologically sensitive geologic units.
Paleontological sensitivity is defined by the Society of Vertebrate Paleontology (SVP).
The SVP broadly defines significant paleontological resources as follows (SVP 2010:11):
“Fossils and fossiliferous deposits consisting of identifiable vertebrate fossils, large or small,
uncommon invertebrate, plant, and trace fossils, and other data that provide taphonomic,
taxonomic, phylogenetic, paleoecologic, stratigraphic, and/or biochronologic information.
Paleontological resources are considered to be older than recorded human history and/or older
than middle Holocene (i.e., older than about 5,000 radiocarbon years).”
Significant paleontological resources are determined to be fossils or assemblages of fossils that are
unique, unusual, rare, diagnostically important, or are common but have the potential to provide
valuable scientific information for evaluating evolutionary patterns and processes, or which could
improve our understanding of paleochronology, paleoecology, paleophylogeography, or
depositional histories. New or unique specimens can provide new insights into evolutionary history;
however, additional specimens of even well represented lineages can be equally important for
studying evolutionary pattern and process, evolutionary rates, and paleophylogeography. Even
unidentifiable material can provide useful data for dating geologic units if radiocarbon dating is
possible. As such, common fossils (especially vertebrates) may be scientifically important, and
therefore considered highly significant.
The SVP (2010) describes sedimentary rock units as having high, low, undetermined, or no potential
for containing significant nonrenewable paleontological resources. This criterion is based on rock
units within which vertebrate or significant invertebrate fossils have been determined by previous
studies to be present or likely to be present. While these standards were specifically written to
protect vertebrate paleontological resources, all fields of paleontology have adopted these
guidelines:
I. HIGH POTENTIAL (SENSITIVITY)
Rock units from which significant vertebrate or significant invertebrate fossils or significant suites of
plant fossils have been recovered are considered to have a high potential for containing significant
non-renewable fossiliferous resources. These units include but are not limited to, sedimentary
formations and some volcanic formations which contain significant nonrenewable paleontological
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 71
resources anywhere within their geographical extent, and sedimentary rock units temporally or
lithologically suitable for the preservation of fossils. Sensitivity comprises both (a) the potential for
yielding abundant or significant vertebrate fossils or for yielding a few significant fossils, large or
small, vertebrate, invertebrate, or botanical and (b) the importance of recovered evidence for new
and significant taxonomic, phylogenetic, ecologic, or stratigraphic data. Areas which contain
potentially datable organic remains older than Recent, including deposits associated with nests or
middens, and areas which may contain new vertebrate deposits, traces, or trackways are also
classified as significant.
II. LOW POTENTIAL (SENSITIVITY)
Sedimentary rock units that are potentially fossiliferous, but have not yielded fossils in the past or
contain common and/or widespread invertebrate fossils of well documented and understood
taphonomic, phylogenetic species and habitat ecology. Reports in the paleontological literature or
field surveys by a qualified vertebrate paleontologist may allow determination that some areas or
units have low potentials for yielding significant fossils prior to the start of construction. Generally,
these units will be poorly represented by specimens in institutional collections and will not require
protection or salvage operations. However, as excavation for construction gets underway it is
possible that significant and unanticipated paleontological resources might be encountered and
require a change of classification from Low to High Potential and, thus, require monitoring and
mitigation if the resources are found to be significant.
III. UNDETERMINED POTENTIAL (SENSITIVITY)
Specific areas underlain by sedimentary rock units for which little information is available are
considered to have undetermined fossiliferous potentials. Field surveys by a qualified vertebrate
paleontologist to specifically determine the potentials of the rock units are required before
programs of impact mitigation for such areas may be developed.
IV. NO POTENTIAL
Rock units of metamorphic or igneous origin are commonly classified as having no potential for
containing significant paleontological resources.
The loss of significant paleontological resources that meet the criteria outlined above would be
considered a significant impact under CEQA, and the CEQA lead agency is responsible for ensuring
that paleontological resources are protected in compliance with CEQA and other applicable
statutes.
Significance Thresholds
If a project may cause a substantial adverse change in the characteristics of a resource that convey
its significance or justify its eligibility for inclusion in the CRHR or a local register, either through
demolition, destruction, relocation, alteration, or other means, then the project is judged to have a
significant effect on the environment (CEQA Guidelines, §15064.5[b]). The following thresholds are
based on Appendix G of the CEQA Guidelines. Impacts would be significant if the project would:
Cause a substantial adverse change in the significance of a historical resource 1.
Cause a substantial adverse change in the significance of an archaeological resource 2.
Directly or indirectly destroy a unique paleontological resource or site or unique geologic 3.
feature
Disturb any human remains, including those interred outside of formal cemeteries 4.
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Cause a substantial adverse change in the significance of a tribal cultural resource, defined in 5.
Public Resources Code §21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or object
with cultural value to a California Native American tribe, and that is:
A. Listed or eligible for listing in the California Register of Historical Resources, or in a local
register of historical resources as defined in Public Resources Code §5020.1(k)
B. A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources
Code §5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code
§5024.1, the lead agency shall consider the significance of the resource to a California
Native American tribe
b. Project Impacts
Impact CR-1N-4 CONSTRUCTION OF THE PROJECT WOULD RESULT IN THE DEMOLITION OF TWO
STRUCTURES ON THE PROJECT SITE THAT ARE HISTORIC RESOURCES, AND ADVERSELY AFFECT THE DOWNTOWN
HISTORIC DISTRICT. THIS WOULD CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF
HISTORICAL RESOURCES AS DEFINED IN CEQA GUIDELINES §15064.5. THIS IMPACT WOULD BE CLASS I,
SIGNIFICANT AND UNAVOIDABLE.
The CEQA guidelines define direct impacts as direct or primary effects caused by a project at the
same place, and indirect impacts as affects caused by a project but occur at a different place. The
project proposes a number of actions, each of which will result in impacts to historical resources.
Table 6 summarizes each of the proposed project actions and the resulting type and level of impact
that would result to historical resources.
Table 6 Impacts to Historical Resources
Project Action Type of Impact Level of Impact
Demolition of 633 and 633½ Palm Street1 Direct Less than significant
Demolition of 610 Monterey Street Direct Significant
Demolition of 614 Monterey Street Direct Significant
New Construction Indirect/Direct Significant/Less than significant
1 As discussed above, based on the 2011 Cultural Resources Study, these structures were found to not meet the definition of historical
resources under CEQA.
Demolition of 633 and 633 ½ Palm Street
The project would result in the demolition of the buildings at 633 and 633 ½ Palm Street. Although
demolition of these buildings would be a direct impact, as discussed above, neither is considered a
historical resource as defined by CEQA. Both buildings were evaluated in 2011 and found to not
meet the definition of historical resources under CEQA and they are located outside the boundaries
of the Downtown Historic District. Thus, their demolition would not diminish the integrity of the
Downtown Historic District and would not constitute a significant impact on historical resources.
Demolition of 610 Monterey Street
The project would result in the demolition of the structure at 610 Monterey Street. As a
contributing resource to the Downtown Historic District, this property is a historical resource as
defined by CEQA. Demolition of this property is potentially inconsistent with Policies 3.3.1 and 3.3.2
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 73
of the City’s Conservation and Open Space Element of the General Plan, and would be considered a
significant adverse impact under CEQA.
Demolition of 614 Monterey Street
The project would result in the demolition of the structure at 614 Monterey Street. As both a
contributing resource to the Downtown Historic District and a property that was found individually
eligible for local designation in 2011, this property is a historical resource as defined by CEQA.
Demolition of this property is potentially inconsistent with Policies 3.3.1 and 3.3.2 of the City’s
Conservation and Open Space Element of the General Plan, and would be considered a significant
adverse impact under CEQA.
New Construction
The project has the potential to result in direct and indirect impacts to historical resources,
specifically the Downtown Historic District, the adjacent locally-designated Hays-Lattimer Adobe
located at 638-642 Monterey Street, and the locally-designated Harmony Creamery at 991 Nipomo
Street.
In consideration of these potential impacts this analysis follows the guidance of the City of San Luis
Obispo’s Historic Preservation Program Guidelines, which states “construction in historic districts
and on properties that contain listed historic resources shall conform with the goals and policies of
the General Plan, the Historic Preservation Ordinance, these Guidelines, the Community Design
Guidelines, any applicable specific or area plan, and the Secretary of the Interior’s Standards for the
Treatment of Historic Properties (City of San Luis Obispo 2010:6). The City of San Luis Obispo’s
Historic Preservation Program Guidelines state “new structures in historic districts shall be designed
to be architecturally compatible with the district’s prevailing historic character as measured by their
consistency with the scale, massing, rhythm, signature architectural elements, exterior materials,
siting, and street yard setbacks of the districts historic structures” (City of San Luis Obispo 2010:7).
Further guidance is provided in the Secretary of the Interior’s Standards for the Treatment of Historic
Properties, which is recognized by CEQA as mitigating potential adverse impacts caused by a project
to below the level of significance. According to the Secretary of the Interior’s Standards, new
construction in or near historic properties, including districts, should be differentiated but
compatible; attention should be devoted to ensuring that the new construction is complementary
to the historic property but does not create a false sense of history by imitating or replicating a
historic building or property. The Secretary of the Interior’s Standards include setting, in terms of
the character of the surrounding environment, as a character-defining feature that weighs in the
analysis of a resource’s retention of historic integrity.
The proposed project would adversely affect the Downtown Historic District by inserting a new
visual feature that is inconsistent with the height, scale, and massing of the resources that
characterize the historic district. As described in the setting above, these resources within the
district are primarily one to two stories in height and 50 to 75 feet in width. Although the
commercial space and non-profit theater would be 41 to 43 feet high, the maximum height of the
project would be 50 feet. The project would also have an approximately 200 x 200 square foot floor
area. This is substantially taller and wider than the other adjacent historic resources, and would
interrupt the rhythm and overall setting of the district. The parking structure and commercial space
would be designed in a Spanish Colonial architectural style that is compatible with the surrounding
historic properties; however, the theater would be Modernistic in style. The project would be visible
from the contributing properties along Dana Street, adjacent Hays-Lattimer adobe, and Harmony
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Creamery, and the visual impacts of the project may reach as far as the Dr. George B. Nichols House
at 664 Monterey Street, the Carnegie Library at 696 Monterey Street, and the San Luis Obispo de
Tolosa Mission, all Master List Properties.
Since the designation of the Downtown Historic District in 1987, Nipomo Street between Higuera
and Palm streets has sustained several other changes to historic character. Three buildings were
removed (one relocated outside of the district) for the creation of the existing parking area at Palm
and Nipomo street in 1997. The new Children’s Museum at the corner of Nipomo and Monterey
streets is modern in appearance and inconsistent with the architecture of the surrounding
properties. The new Soda Water Works building was also constructed with a modern appearance.
Both of these properties are inside the Downtown Historic District boundaries but are no longer
contributing resources.
The project would further result in direct impacts to the Downtown Historic District by removing
two contributing structures and introducing new, nonconforming structures. This would physically
and visually disconnect the contributing historic resources on Dana Street5 from the remainder of
the district to the east, resulting in a loss of integrity of the historic district. The proposed project
would also interrupt the transition from commercial to residential that occurs in this area of the
historic district, which is a physical characteristic of the district that helps conveys the reasons for its
significance. As a result, the proposed project would result in a significant adverse impact to the
Downtown Historic District.
As described above, the Hays-Lattimer adobe is located immediately adjacent to the east of the
project site and is a historical resource for the purposes of CEQA. Project construction activities
would generate groundborne vibration that has the potential to result in damage to the historic
adobe building. The Federal Transit Administration (FTA) thresholds for damage to fragile historic
buildings, state that vibration impacts would be significant if vibration exceeds 88 VdB. As discussed
in Section 4.3, Noise, the project would not generate vibration levels higher than 87 VdB at a
distance of 25 feet. The adobe structure is approximately 60 feet from where construction of the
nearest structure would occur. Direct impacts to the Hays-Lattimer adobe from groundborne
vibration would therefore be less than significant.
As noted above, the Secretary of the Interior’s Standards include setting, in terms of the character of
the surrounding environment, as a character-defining feature that weighs in the analysis of a
resource’s retention of historic integrity. The setting of the Hays-Lattimer and Harmony Creamery is
consistent with the larger Downtown Historic District and is characterized by one to two-story
buildings that are approximately 50 to 75 feet wide. Although the commercial building along
Nipomo Street and the theater along Monterey Street would be lower (approximately 41 to 43 feet
tall) than the parking structure, the proposed project as a whole is substantially larger in its scale,
massing, and height and would alter the surrounding setting of both historical resources. Although
this change would negatively affect their historic integrity, both would continue to convey the
reasons for their significance. Indirect impacts to the Hays-Lattimer adobe and Harmony Creamery
would therefore be less than significant.
Mitigation Measures
The following mitigation measure is required.
5 The Dana Street group is a small subsection of residential properties within the otherwise commercial Downtown Historic Distr ict, which
is representative of the early residential settlement of downtown San Luis Obispo and contributes to the significance of the district.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 75
CR-1 Historic Building Documentation Packages
Impacts to historical resources shall be minimized through the preparation of archival historic
building documentation packages for both 610 and 614 Monterey Street. Prior to issuance of
demolition permits, the City of San Luis Obispo shall ensure that documentation of both properties
is completed in the form of a Historic American Building Survey (HABS)-Like documentation that
shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering
Documentation (NPS 1990). The documentation shall generally follow the HABS Level III
requirements and include high-quality digital photographic recordation of the buildings and their
overall setting, detailed historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural
History (NPS 1983). Individual archival documentation packages shall be completed for both
properties and offered as donated material to the San Luis Obispo Library and the History Center of
San Luis Obispo County, where it would be available to local researchers.
PLAN REQUIREMENTS AND TIMING
The City shall complete archival documentation of the 610 and 614 Monterey Street properties to
the issuance of project grading permits.
MONITORING
The Community Development Director shall confirm completion of and approve the archival
documentation. The City shall confirm submittal of the documentation to the History Center of San
Luis Obispo County and the San Luis Obispo County Library.
Significance After Mitigation
Mitigation Measure CR-1 would reduce impacts to historical resources to the greatest extent
possible; however, this measure would not eliminate the permanent impacts to the identified
historic resources, and no other feasible mitigation measures are available. Therefore, the project
would result in a significant and unavoidable impact to historic resources.
Impact CR-2N-5 CONSTRUCTION OF THE PROJECT WOULD RESULT IN GROUND DISTURBANCE THAT COULD
CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF AN ARCHAEOLOGICAL RESOURCE AS
DEFINED IN CEQA GUIDELINES 15064. THIS IMPACT WOULD BE CLASS II, SIGNIFICANT BUT MITIGATABLE.
The project site is currently developed with an asphalt parking lot and residential structures. During
archaeological testing conducted in 1996 and 1999, subsurface historical archaeological materials
were identified in the 0.5-acre surface parking lot at the corner of Palm and Nipomo streets within
the project site. During the survey conducted for the project in 2011, historic-period debris was
observed in the small amount of exposed native soils along Monterey Street. Additionally, similar
work in the project vicinity has shown that subsurface archaeological deposits exist throughout the
city. Approximately 0.125 mile (660 feet) from the project site, trenches uncovered a mission-era
midden containing a significant Native American deposit and it is unclear whether that deposit
extends to the project site. Based on the results of work within the project site and the vicinity, it is
likely that additional remains related to the mission and post-mission occupation of the area are
present. Additional intact subsurface deposits may be present. Therefore, construction of the
project could damage or destroy archeological resources. Impacts to such resources would be
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Palm Nipomo Parking Structure Project
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potentially significant and mitigation would be required to ensure that any discovered
archaeological resources would be protected and curated if encountered during project
construction activities.
Mitigation Measures
The following mitigation measures would reduce potential impacts to archaeological resources to a
less than significant level.
CR-2(a) Retain a Qualified Principal Investigator
A qualified principal investigator, defined as an archaeologist who meets the Secretary of the
Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be
retained to carry out all mitigation measures related to archaeological resources.
CR-2(b) City of San Luis Obispo Consolidated Approach for
Archaeological Investigations
Mitigation of archaeological resources within the project area shall follow the Consolidated
Approach as outlined in the City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines. The Consolidated Approach shall include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist and submitted for written approval to the
City’s Community Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3) fieldwork after the
removal of pavement consisting of a Phase I inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of special studies, such
as faunal analysis, if appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in accordance with
current professional standards and submitted to the Director.
CR-2(c) Archaeological Monitoring
An archaeological monitor shall be present for all project-related ground-disturbing construction
activities. The monitor(s) shall be onsite on a full-time basis during earthmoving activities within
native soils, including grading, trenching, vegetation removal, or other excavation activities. Under
consultation between the qualified archaeologist and the City, monitoring may be reduced or
eliminated based on observed conditions.
CR-2(d) Unanticipated Discovery of Archaeological Resources
In the event that cultural resources are encountered during the implementation of Mitigation
Measures CR-2(b) or CR-2(c), all work shall be halted in the vicinity of the discovery until a qualified
archaeologist can assess the significance of the resource. If the resources are found to be significant,
they must be avoided or mitigated pursuant to the qualified archaeologist’s direction and the
testing plan outlined under Mitigation Measure CR-2(b). Mitigation may involve preservation in
place or documentation and excavation of the resource. A report by the archaeologist evaluating
the find and identifying mitigation actions taken shall be submitted to the City.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 77
PLAN REQUIREMENTS AND TIMING
The City shall retain a qualified archaeologist prior to the issuance of demolition and grading
permits. The qualified archaeologist shall prepare and submit the Research Design and Testing and
Mitigation Plan prior to the issuance of demolition and grading permits. All fieldwork conducted
under the consolidated approach must be completed prior to the issuance of grading permits. The
requirement that ground disturbance be observed by an archaeological monitor and that
construction work be stopped in the event of discovery of archaeological resources shall be included
on construction plans prior to the issuance of grading permits.
MONITORING
The City shall review construction plans and periodically inspect project construction to ensure
compliance with this measure.
Significance After Mitigation
Impacts to archaeological resources would be less than significant with incorporation of mitigation
measures CR-2(a) through CR-2(d).
Impact CR-3N-6 CONSTRUCTION OF THE PROJECT WOULD RESULT IN GROUND DISTURBANCE THAT COULD
INDIRECTLY OR DIRECTLY DESTROY A UNIQUE PALEONTOLOGICAL RESOURCE. THIS IMPACT WOULD BE CLASS II,
SIGNIFICANT BUT MITIGABLE.
According to mapping by Dibblee and Minch (2004), the project site consists of younger Quaternary
alluvium that dates to the Holocene. These sediments consist of gravel and sand deposited over the
last 10,000 years by local rivers (Dibblee and Minch, 2004). Geotechnical studies have supported
this mapping, and further detailed depths of 25-44 feet to bedrock, the Mesozoic Franciscan
Melange, throughout the project site (Earth Systems Pacific 2011). Furthermore, Earth Systems
Pacific (2011) documented some parts of the project site where artificial fill was present in the
subsurface to depths of 3 and 5 feet. It should be noted that fill was only documented in two of the
eight boreholes across the site, and was not present in the others (Earth Systems Pacific 2011).
Using these data, as well as the paleontological literature review presented above, Rincon
Consultants’ paleontologists assigned SVP paleontological sensitivities to geologic units likely to be
impacted by construction in the project site. It should be noted that while the Franciscan Melange
has high sensitivity, it is deep enough (20 to 44 feet) that it should not be impacted by the
anticipated depths of ground disturbance (14 feet).
Artificial Fill
As a product of manmade activities, artificial fill has no paleontological sensitivity.
Quaternary Alluvium
As discussed above, Pleistocene-aged alluvial sediments have preserved fossil resources throughout
California, including San Luis Obispo County. While the Quaternary alluvium mapped in the project
area is too young to preserve fossils in the upper layers, it increases with age in depth. Therefore,
deeper levels may be of an appropriate age to preserve fossil resources. Quaternary alluvium is thus
assigned a low-to-high paleontological sensitivity, increasing with depth. While the exact depth at
which this transition occurs has not been established for the project area, 10 feet is a reasonable
estimate.
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Because project construction has the potential to disturb sensitive geologic units, impacts would be
potentially significant.
Mitigation Measures
The following mitigation measures would reduce potential impacts to paleontological resources to a
less than significant level.
CR-3(a) Retain a Qualified Project Paleontologist
A qualified project paleontologist, defined as a paleontologist who meets the standards of the SVP
(2010), shall be retained to carry out all mitigation measures related to paleontological resources.
CR-3(b) Paleontological Worker Environmental Awareness Program
(WEAP)
Prior to the start of construction, the project paleontologist or his or her designee shall conduct
training for construction personnel regarding the appearance of fossils and the procedures for
notifying paleontological staff should fossils be discovered by construction staff. The WEAP shall be
fulfilled at the time of a preconstruction meeting at which a qualified paleontologist shall attend.
CR-3(c) Paleontological Monitoring
Ground-disturbing construction activities (including grading, trenching, foundation work, and other
excavations) in previously undisturbed sediments that exceed 10 feet in depth shall be monitored
on a full-time basis during initial ground disturbance. Monitoring shall be conducted by a qualified
paleontological monitor, who is defined as an individual who has experience with collection and
salvage of paleontological resources and meets the minimum standards of the SVP (2010). The
duration and timing of the monitoring will be determined by the project paleontologist and the
location and extent of proposed ground disturbance. If the project paleontologist determines that
full-time monitoring is no longer warranted, based on the specific geologic conditions at the surface
or at depth, the project paleontologist may recommend that monitoring be reduced to periodic
spot-checking or cease entirely. Monitoring is not necessary in artificial fill or for activities that do
not reach 10 feet in depth.
CR-3(d) Fossil Discoveries
In the event of a fossil discovery by the paleontological monitor or construction personnel, all work
in the immediate vicinity of the find shall cease. The project paleontologist shall evaluate the find
before restarting construction activity in the area. If it is determined that the fossil(s) is (are)
scientifically significant, the project paleontologist shall complete the following conditions to
mitigate impacts to significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor) should recover
significant fossils following standard field procedures for collecting paleontological resources, as
described by the SVP (2010). Typically, fossils can be safely salvaged quickly by a single
paleontologist and not disrupt construction activity. In some cases larger fossils (such as
complete skeletons or large mammal fossils) require more extensive excavation and longer
salvage periods. In this case the paleontologist should have the authority to temporarily direct,
divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and
timely manner.
Environmental Impact Analysis
Cultural and Tribal Cultural Resources
Final Environmental Impact Report 79
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils should be
identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and
curated in a scientific institution with a permanent paleontological collection (such as the
University of California Museum of Paleontology), along with all pertinent field notes, photos,
data, and maps. Fossils of undetermined significance at the time of collection may also warrant
curation at the discretion of the project paleontologist.
Significance After Mitigation
Mitigation Measures CR-3(a) through CR-3(d) would reduce the potential impacts to paleontological
resources to a less than significant level.
Impact CR-4N-7 NO TRIBAL CULTURAL RESOURCES WERE IDENTIFIED WITHIN THE PROJECT SITE, BUT AREA
IS GENERALLY CONSIDERED SENSITIVE FOR CULTURAL RESOURCES. THIS IMPACT WOULD BE CLASS III, LESS THAN
SIGNIFICANT.
Native American consultation efforts completed by the City pursuant to the requirements AB 52 and
SB 18. The efforts under SB 18 and AB 52 did not identify specific tribal cultural resources within the
project area; however, it did identify the project site as sensitive, consistent with the results of the
Cultural Resources Study. As a result of the general cultural resources sensitivity of the area, Patti
Dunton of the Salinan Tribe of Monterey and San Luis Obispo Counties requested that fieldwork be
conducted at the project area after the removal of pavement and that project-related ground
disturbance be observed by a Salinan tribal monitor. As no tribal cultural resources were identified
or known to exist in the project area, the project would result in a less than significant impact on
tribal cultural resources.
Mitigation Measures
No mitigation measures are required.
Significance After Mitigation
No mitigation measures are required. Impacts are less than significant.
Impact CR-5N-8 GROUND-DISTURBING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF THE PROJECT
HAS THE POTENTIAL TO DISTURB UNIDENTIFIED HUMAN REMAINS. THIS IMPACT WOULD BE CLASS II, SIGNIFICANT
BUT MITIGABLE.
Unanticipated discovery of human remains during project excavation would require compliance
with Health and Safety Code §7050.5 and Cal. Public Res. Code Sections 5097.94 and 5097.98. Cal.
Public Res. Code §5097.98 also addresses the disposition of Native American burials, protects such
remains, and established the Native American Heritage Commission to resolve any related disputes.
Compliance with Health and Safety Code §7050.5 and Cal. Public Res. Code §§ 5097.94 and 5097.98
would ensure that unanticipated discovery of human remains during project excavation, including
those interred outside of formal cemeteries, would be addressed appropriately by the County
Coroner and NAHC (if required).
Mitigation Measures
Compliance with existing regulations and mitigation measure CR-2(d) would ensure that potential
impacts to human remains and burial grounds would be less than significant.
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Palm Nipomo Parking Structure Project
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Significance After Mitigation
Impacts to human burial grounds would be less than significant with implementation of mitigation
measure CR-2(d).
c. Cumulative Impacts
Planned buildout of the City of San Luis Obispo under the General Plan would cumulatively increase
the potential for adverse effects on cultural and tribal cultural resources in the city. The project
would incrementally contribute to this cumulative effect. Impacts to cultural and tribal cultural
resources are generally site-specific. Accordingly, as required under applicable laws and regulations,
potential impacts associated with cumulative developments would be addressed on a case-by-case
basis.
The proposed project, as well as other cumulative projects in the city, would be required to comply
with existing state and local regulations described in Section 4.2.1(b), Regulatory Setting, which
address the protection of cultural and tribal cultural resources in the city. As described under
Impacts CR-2, CR-3, and CR-5, with implementation of required mitigation, the project would reduce
potential impacts to archaeological and/or paleontological resources to less than significant levels.
In addition, as described in Impact CR-4, the project would result in a less than significant impact on
tribal cultural resources. Therefore, the project would not contribute substantially to the cumulative
loss of archaeological, paleontological, or tribal cultural resources in the city.
However, as described in Impact CR-1, the project would result in a significant and unavoidable
impact associated with the removal of two historic structures that are part of the Downtown
Historic District. The project would also result in a significant and unavoidable impact on the
Downtown Historic District. Mitigation measure CR-1 would reduce the project’s impacts to
historical resources to the greatest extent possible; however, this measure would not eliminate the
permanent cumulative or individual impacts to the identified historic resources, and no other
feasible mitigation measures are available. As such, the project would contribute to the cumulative
loss of historic resources in the city. This would be a Class I, significant and unavoidable, cumulative
impact to historical resources.
Cultural Arts District Parking Structure Project
Phase 1B & Phase 2 Mitigation and Monitoring Plan
prepared for
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
prepared by
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
November 2022
Please cite this report as follows:
Montgomery, Courtney, Ashley Losco, Ken Victorino, Christopher Duran, Christopher Bersbach, and
Shawn Decker
2022 Cultural Arts District Parking Structure Project Phase 1B & Phase 2 Mitigation and Monitoring
Plan, San Luis Obispo County, California. Rincon Consultants Project No. 22-12836. Report on file at
Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93001
Table of Contents
Phase 1B & Phase 2 Mitigation and Monitoring Plan i
Table of Contents
1 Introduction ....................................................................................................................................1
Project Location and Description ..................................................................................... 10
Environmental Resource Sensitivity ................................................................................ 10
2 Plan Check Requirements ............................................................................................................ 15
3 Monitoring Requirements ........................................................................................................... 21
4 Archaeological Testing Requirements ......................................................................................... 24
5 Resource Discovery Plan .............................................................................................................. 25
Discovery of Archaeological Resources ........................................................................... 25
Discovery of Human Remains .......................................................................................... 26
Discovery of Paleontological Resources .......................................................................... 26
6 Reporting of Monitoring Results and Curation Finds .................................................................. 27
Reporting of Archaeological Monitoring Results ............................................................. 27
Curation of Archaeological Finds ..................................................................................... 27
Reporting of Paleontological Monitoring Results ............................................................ 27
Curation of Paleontological Resources ............................................................................ 28
7 References ................................................................................................................................... 29
Figures
Figure 1 Project Location Depicted on Topographic Background ................................................. 11
City of San Luis Obispo
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Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 1
1 Introduction
Rincon Consultants, Inc. (Rincon) was retained by the City of San Luis Obispo (City) to provide
Mitigation Monitoring and Reporting Program (MMRP) compliance services in support of Phase 1B
and Phase 2 of the Cultural Arts District Parking Structure Project (formerly known as the Palm
Nipomo Parking Structure) in San Luis Obispo, California. The Mitigation and Monitoring Plan (MMP)
will address the details, timing, and responsibility of all required mitigation monitoring activities.
The current Phase 1A of the Cultural Arts District Parking Structure Project (project) consists of
undergrounding existing dry utilities in preparation for the main phases of construction. Phase 1B
consists of demolition and Phase 2 consists of site preparation and construction of the parking
structure and surrounding site improvements. Phase 1B and Phase 2 are subject to mitigation
requirements outlined in the Final EIR for the Palm Nipomo Parking Structure Project adopted by
the City Council in July 2018 (2018 Final EIR; City of San Luis Obispo 2018). The City intends to
submit for building permit approval for all project phases in 2022 and intends to commence Phase
1B in Spring 2023 and Phase 2 in Fall 2023.
This MMP was prepared by Rincon Consultants, Inc. (Rincon) in compliance with the Mitigation
Monitoring and Reporting Program prepared in support of the 2018 Final EIR for the Palm Nipomo
Parking Structure Project. The Mitigation Monitoring and Reporting Program includes the following
mitigation measures for Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology
and Soils, Hazards and Hazardous Materials, Historic Resources, Noise, Paleontological Resources,
and Transportation:
AESTHETICS/VISUAL RESOURCES
1. Prior to issuance of building permits, the applicant shall prepare and submit a
comprehensive lighting plan for Architectural Review Committee review and approval.
The lighting plan shall be consistent with the Municipal Code Night Sky Ordinance, and
prepared using guidance and best practices endorsed by the International Dark Sky
Association. The lighting plan shall address all aspects of the lighting, including but not
limited to all buildings, infrastructure, driveways, paths, plazas, safety, and signage.
The lighting plan must include identification of all types, sizes, and intensities of wall
mounted building lights and landscape accent lighting, and a photometric map must be
provided. The lighting plan shall include the following:
a. The point source of all exterior lighting shall be shielded from offsite views
b. Light trespass from exterior lights shall be minimized by directing light downward
and utilizing cut-off fixtures or shields
c. Lumination from exterior lights shall be the lowest level allowed by public safety
standards
d. Exterior lighting shall be designed to not focus illumination onto exterior walls
e. Any signage visible from offsite shall not be internally laminated
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Cultural Arts District Parking Structure Project
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2. To minimize impacts on residential development in proximity to the project site, roof
and building materials shall be non-reflective, and shall be muted in hues consistent
with standards in the Community Design Guidelines, Section 6.1-C.
AIR QUALITY
3. Construction projects shall implement the following dust control measures so as to
reduce PM10 emissions in accordance with San Luis Obispo Air Pollution Control District
(SLOAPCD) requirements.
Reduce the amount of the disturbed area where possible
Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible following completion
of any soil disturbing activities
Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating, non-invasive grass
seed and watered until vegetation is established
All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph)
on any unpaved surface at the construction site
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible
All of these fugitive dust mitigation measures shall be shown on grading and
building plans
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 3
such persons shall be provided to the SLOAPCD Compliance Division prior to the
start of any grading, earthwork, or demolition.
4. The following standard air quality mitigation measures shall be implemented during
construction activities at the project site:
Maintain all construction equipment in proper tune according to manufacturer’s
specifications
Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation
Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by proving alternative
compliance
All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is not permitted
Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-powered equipment, where feasible
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel
5. The following BACT for diesel-fueled construction equipment shall be implemented
during construction activities at the project site, where feasible:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines where feasible
Repower equipment with the cleanest engines available
Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
6. To reduce ROG and NOX levels during the architectural coating phase, low or no VOC-
emission paint shall be used with levels of 50 g/L or less.
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Cultural Arts District Parking Structure Project
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BIOLOGICAL RESOURCES
7. To avoid disturbance of nesting and special-status birds, activities related to the project,
including, but not limited to, vegetation removal, ground disturbance, and construction
and demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the breeding
season, then a pre-construction nesting bird survey shall be conducted no more than 3
days prior to initiation of ground disturbance and vegetation removal activities. The
nesting bird pre-construction survey shall be conducted within the Project Boundary,
including a 300-foot buffer (500-foot for raptors), on foot, and within inaccessible areas
(i.e., private lands) afar using binoculars to the extent practical. The survey shall be
conducted by a biologist familiar with the identification of avian species known to occur
in the area. If nests are found, an avoidance buffer (which is dependent upon the
species, the proposed work activity, and existing disturbances associated with land uses
outside of the site) shall be determined and demarcated by the biologist with bright
orange construction fencing, flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as to the existence of the buffer
zone and to avoid entering the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the avian biologist has confirmed
that breeding/nesting is completed and the young have fledged the nest. Encroachment
into the buffer shall occur only at the discretion of the qualified biologist.
CULTURAL RESOURCES
8. A qualified principal investigator, defined as an archaeologist who meets the Secretary
of the Interior’s Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to
archaeological resources.
9. Mitigation of archaeological resources within the project area shall follow the
Consolidated Approach as outlined in the City of San Luis Obispo Archaeological
Resource Preservation Program Guidelines. The Consolidated Approach shall include (1)
the preparation of a Research Design and Mitigation Plan prepared by the qualified
archaeologist and submitted for written approval to the City’s Community Development
Director (Director), which shall include but not be limited to the research design,
laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3)
fieldwork after the removal of pavement consisting of a Phase I inventory, Phase 2
Testing and Evaluation, and Phase 3 Data Recovery aimed at locating archaeological
remains, evaluating their significance and integrity, and mitigating impacts through data
recovery excavation; (4) the completion of special studies, such as faunal analysis, if
appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in
accordance with current professional standards and submitted to the Director.
10. An archaeological monitor shall be present for all project-related ground-disturbing
construction activities. The monitor(s) shall be onsite on a full-time basis during
earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the
City, monitoring may be reduced or eliminated based on observed conditions.
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Phase 1B & Phase 2 Mitigation and Monitoring Plan 5
11. In the event that cultural resources are encountered during the implementation of
Mitigation Measures 9 or 10, all work shall be halted in the vicinity of the discovery until
a qualified archaeologist can assess the significance of the resource. If the resources are
found to be significant, they must be avoided or mitigated pursuant to the qualified
archaeologist’s direction and the testing plan outlined under Mitigation Measure 9.
Mitigation may involve preservation in place or documentation and excavation of the
resource. A report by the archaeologist evaluating the find and identifying mitigation
actions taken shall be submitted to the City
GEOLOGY AND SOILS
12. Once the final maximum loads of the project have been determined, a design-level
geotechnical report shall be prepared that identifies the most appropriate geotechnical
improvements to onsite soils, the foundation, and parking structure to minimize
expansive soil hazards. Recommendations could include, but are not limited to the
following:
Use imported non-expansive materials combined with pre-moistening of the soils to
provide protection for slabs and flatwork
Provide a layer of non-expansive material 18 to 24 inches thick
Use post-tensioned slabs-on-grade
Implement shoring methods, such as shotcrete-faced soil nail walls, tangent drilled
caissons, whaler-braced retaining walls, and steel I-beam and lagging walls
Use over-excavation and recompaction
Utilize a deep foundation system, such as caissons or rammed aggregate piers
A certified soils engineer shall be retained for monitoring during construction of the
project. The certified soils engineer shall also provide any necessary soil testing
during construction, to ensure compliance with the design-level geotechnical
report, and to provide site-specific guidance as subsurface materials are
encountered.
HAZARDS AND HAZARDOUS MATERIALS
13. Prior to issuance of grading permits, additional soil samples testing for total petroleum
hydrocarbons shall be performed. A work plan shall be completed to address the
sampling protocols to be followed, as well as the number of samples to be taken and
the chemical analysis required. Upon City of San Luis Obispo approval, the work plan
shall be implemented and the results of the soil sampling shall be forwarded to the City
of San Luis Obispo. The City shall review the data to determine if any additional
investigation or remedial activities are deemed necessary. No work shall resume in that
area until the lead local regulatory agency has provided written authorization that the
area does not warrant any additional action.
If concentrations of contaminants warrant remediation, contaminated materials shall be
remediated either prior to or concurrent with construction. Remediation shall generally
include a management plan which establishes design and implementation of
remediation. Cleanup may include excavation, disposal, bio-remediation, or any other
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Cultural Arts District Parking Structure Project
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treatment of conditions subject to regulatory action. All necessary reports, regulations
and permits shall be followed to achieve cleanup of the site. The contaminated
materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the direction of the lead oversight
agency. The remediation program shall also be approved by the San Luis Obispo Fire
Department. All proper waste handling and disposal procedures shall be followed. Upon
completion of the remediation, the environmental consultant shall prepare a report
summarizing the project, the remediation approach implemented, and the analytical
results after completion of the remediation, including all waste disposal or treatment
manifests.
HISTORICAL RESOURCES
14. Impacts to historical resources shall be minimized through the preparation of archival
historic building documentation packages for both 610 and 614 Monterey Street. Prior
to issuance of demolition permits, the City of San Luis Obispo shall ensure that
documentation of both properties is completed in the form of a Historic American
Building Survey (HABS)-Like documentation that shall comply with the Secretary of the
Interior’s Standards for Architectural and Engineering Documentation (NPS 1990). The
documentation shall generally follow the HABS Level III requirements and include high-
quality digital photographic recordation of the buildings and their overall setting,
detailed historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or historian
who meets the Secretary of the Interior’s Professional Qualification Standards for
History and/or Architectural History (NPS 1983). Individual archival documentation
packages shall be completed for both properties and offered as donated material to the
San Luis Obispo Library and the History Center of San Luis Obispo County, where it
would be available to local researchers. Completion of this mitigation measure shall be
monitored and enforced by the lead agency.
NOISE
15. Construction vehicles and haul trucks shall utilize roadways which avoid residential
neighborhoods and sensitive receptors where possible. The applicant shall submit a
proposed construction vehicle and hauling route for City review and approval prior to
grading/building permit issuance. The approved construction vehicle and hauling route
shall be used for all construction vehicles and hauling trips during the duration of
construction.
16. Except for emergency repair of public service utilities or where an exception is issued by
the Community Development Department, no operation of tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall occur daily between
the hours of 7:00 PM and 7:00 AM, or anytime on Sundays, holidays, or after sunset,
where that operation creates a noise disturbance that exceeds 75 dBA for single family
residential, 80 dBA for multi-family residential, and 85 dBA for mixed
residential/commercial land uses across a residential or commercial property line for a
maximum of 10 days. For construction activities lasting more than 10 days, noise from
construction equipment shall not exceed 60 dBA for single family residential, 65 dBA for
multi-family residential, and 70 dBA for mixed residential/commercial land uses across a
residential or commercial property line.
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Phase 1B & Phase 2 Mitigation and Monitoring Plan 7
17. For all construction activity at the project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in accordance with the City of San
Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall
include:
Sound blankets on noise-generating equipment Stationary construction
equipment that generates noise levels above 60 dBA at the project boundaries shall
be shielded with barriers that meet a sound transmission class (a rating of how well
noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers
For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities
Electrical power shall be used to power air compressors and similar power tools
The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the
hours between 7:00 AM and 7:00 PM, Monday through Saturday and no movement
of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day)
Temporary sound barriers shall be constructed between construction sites and
affected uses
18. The contractor shall inform residents and business operators at properties within 300
feet of the project site of proposed construction timelines and noise complaint
procedures to minimize potential annoyance related to construction noise. Proof of
mailing the notices shall be provided to the Community Development Department
before the City issues a zoning clearance. Signs shall be in place before beginning of and
throughout grading and construction activities. Noise-related complaints shall be
directed to the City’s Community Development Department.
19. Prior to the issuance of grading permits, the City of San Luis Obispo shall review and
coordinate the construction schedules of any other projects within 300 feet of the
project to ensure that construction schedules do not overlap.
PALEONTOLOGICAL RESOURCES
20. A qualified project paleontologist, defined as a paleontologist who meets the standards
of the SVP (2010), shall be retained to carry out all mitigation measures related to
paleontological resources.
21. Prior to the start of construction, the project paleontologist or his or her designee shall
conduct training for construction personnel regarding the appearance of fossils and the
procedures for notifying paleontological staff should fossils be discovered by
construction staff. The WEAP shall be fulfilled at the time of a preconstruction meeting
at which a qualified paleontologist shall attend.
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22. Ground-disturbing construction activities (including grading, trenching, foundation
work, and other excavations) in previously undisturbed sediments that exceed 10 feet in
depth shall be monitored on a full-time basis during initial ground disturbance.
Monitoring shall be conducted by a qualified paleontological monitor, who is defined as
an individual who has experience with collection and salvage of paleontological
resources and meets the minimum standards of the SVP (2010). The duration and
timing of the monitoring will be determined by the project paleontologist and the
location and extent of proposed ground disturbance. If the project paleontologist
determines that full-time monitoring is no longer warranted, based on the specific
geologic conditions at the surface or at depth, the project paleontologist may
recommend that monitoring be reduced to periodic spot-checking or cease entirely.
Monitoring is not necessary in artificial fill or for activities that do not reach 10 feet in
depth.
23. In the event of a fossil discovery by the paleontological monitor or construction
personnel, all work in the immediate vicinity of the find shall cease. The project
paleontologist shall evaluate the find before restarting construction activity in the area.
If it is determined that the fossil(s) is (are) scientifically significant, the project
paleontologist shall complete the following conditions to mitigate impacts to significant
fossil resources:
a. Salvage of Fossils. The project paleontologist (or paleontological monitor) shall
recover significant fossils following standard field procedures for collecting
paleontological resources, as described by the SVP (2010). Typically, fossils can be
safely salvaged quickly by a single paleontologist and not disrupt construction
activity. In some cases, larger fossils (such as complete skeletons or large mammal
fossils) require more extensive excavation and longer salvage periods. In this case
the paleontologist shall have the authority to temporarily direct, divert or halt
construction activity to ensure that the fossil(s) can be removed in a safe and timely
manner.
b. Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils
shall be identified to the lowest possible taxonomic level, prepared to a curation-
ready condition, and curated in a scientific institution with a permanent
paleontological collection (such as the University of California Museum of
Paleontology), along with all pertinent field notes, photos, data, and maps. Fossils of
undetermined significance at the time of collection may also warrant curation at the
discretion of the project paleontologist.
TRANSPORTATION
24. Prior to the issuance of each building permit, the construction contractor shall meet
with the Public Works department to determine traffic management strategies to
reduce, to the maximum extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this project. The construction
contractor will develop a Construction Traffic Management Plan for review and approval
by the Public Works department. The plan shall include at least the following items and
requirements:
A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 9
required, lane closure procedures, sidewalk closure procedures, signs, cones for
drivers, and designated construction access routes.
Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials, equipment, and vehicles (must
be located on the project site).
Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant.
Temporary construction fences to contain debris and material and to secure the
site.
Provisions for removal of trash generated by project construction activity.
A process for responding to and tracking complaints pertaining to construction
activity.
Provisions for monitoring surface streets used for truck routes so that any damage
and debris attributable to the trucks can be identified and corrected.
It is anticipated that this Construction Traffic Management Plan would be developed in
the context of a larger Construction Management Plan, which would address other
issues such as hours of construction onsite, limitations on noise and dust emissions, and
other applicable items.
25. Subject to approval of the Public Works Director, the City shall incorporate
improvements to the intersections of Dana Street/Nipomo Street and Monterey
Street/Nipomo Street to enhance pedestrian safety and accessibility. The improvements
shall be consistent with the City’s Circulation Element and Downtown Physical Concept
Plan (2017) and shall balance the needs of each mode of use. At a minimum the project
should consider:
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps across Nipomo Street from the northwest corner of Dana Street/Nipomo
Street to the southwest corner of the parking structure.
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps from the southeast corner of Monterey Street/Nipomo Street across Nipomo
Street.
Standard crosswalks, or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
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If the Community Development Director or hearing body determines that the above mitigation
measures are ineffective or physically infeasible, they may add, delete, or modify the mitigation to
meet the intent of the original measures.
This MMP serves to comply, in part, with these mitigation measures by providing the standards and
methods for monitoring to occur during project implementation. This document outlines the steps
to be taken during unanticipated discoveries to mitigate potential significant impacts and provides
methods for determining if and when monitoring may be reduced or eliminated during the course
of project execution.
Project Location and Description
The project would remove of an existing 77-space surface parking lot and five existing residential
structures, and construct a five-level parking structure, commercial space, and non-profit theater on
five parcels, identified as Assessor’s Parcel Numbers (APNs) 002-412-001, 002-412-002, 002-412-
003, 002-412-004, 002-412-011, and 002-412-012. Main vehicular access to the structure would be
from Palm Street, with secondary access from Nipomo Street. Vehicle access would not be provided
from Monterey Street, but a direct pedestrian connection would be provided from the structure to
Monterey Street. The parking structure’s maximum height would be 50 feet, excluding elevator
towers. The maximum height of the commercial space would be 41 feet above existing grade. The
theater would be a three-story structure with a gross floor area of roughly 23,841 square feet. The
maximum height of the theater would be approximately 43 feet above existing grade. Section 2.5,
Project Characteristics, of the 2018 Final EIR provides a detailed description of the project.
The project site is depicted on the San Luis Obispo, California United States Geological Survey
(USGS) 7.5-minute topographic map (Figure 1). The project area is bounded on the northwest by
Palm Street, on the southwest by Nipomo Street, on the southeast by Monterey Street, and on the
northeast by existing residential development.
Environmental Resource Sensitivity
AESTHETICS/VISUAL RESOURCES BACKGROUND
The project site is located in the northwestern portion of the City’s designated Downtown Planning
Area, adjacent to the Downtown Core. The majority of the project site and adjacent parcels to the
east, south, and west are located within the City’s Downtown Historic District, which affects its
visual context along Monterey and Nipomo Streets. Because of the project site’s location in a
developed urban area, views of the project site are generally limited, with long-range views blocked
by existing development or vegetation. The utility poles and wires that surround and cross over the
site are another dominant visual feature of the project site. Elevations onsite range from 190 and
206 feet above mean sea level, and slopes are generally toward the northwest.
AIR QUALITY BACKGROUND
The South Coast Air Basin is in non-attainment for particulate matter (PM10), and the work area is
located within 1,000 feet of sensitive receptors, including Mission College Preparatory Academy,
existing residential units, and San Luis Obispo Children’s Museum). In accordance with the standards
of the San Luis Obispo Air Pollution Control District CEQA Handbook standard mitigation measures
Introduction
Phase 1B & Phase 2 Mitigation and Monitoring Plan 11
Figure 1 Project Location Depicted on Topographic Background
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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are required during construction of the proposed utility improvements to reduce potential air
quality impacts below applicable thresholds of significance.
BIOLOGICAL BACKGROUND
The project site is currently developed with a surface parking lot, one detached garage, and five
residences, and is surrounded by urban land uses. The site does not provide suitable habitat for
wildlife or sensitive plant or animal species, or any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service. However, trees on the site may
support nesting birds protected under the Migratory Bird Treaty Act. The federal Migratory Bird
Treaty Act (16 United States Code Section 703-711) protects all migratory birds, their nests and eggs
against take, possession, or destruction. The MBTA was enacted in 1918 and is enforced by the U.S.
Fish and Wildlife Service. Abiding by the MBTA requires that active nests be avoided.
CULTURAL BACKGROUND
The current project is located in the City of San Luis Obispo in close proximity to the Mission San Luis
Obispo de Tolosa. In 2018, the City conducted an environmental impact report to determine the
potential environmental impacts for the Palm Nipomo Parking Structure Project (City of San Luis
Obispo 2018). As part of this analysis the City determined that the current project site was within an
archaeologically sensitive area; however, all portions of the project site are developed with
hardscaping and likely disturbed due to previous development. As such, a pedestrian survey or
archaeological testing was infeasible. Given the project is within areas determined to be sensitive
for archaeological resources and in accordance with the City’s Archaeological Resource Preservation
Program Guidelines, the project required archaeological monitoring during project-related ground
disturbing activities to mitigate potential impacts to cultural resources (City of San Luis Obispo 2018;
City of San Luis Obispo 2009).
GEOLOGY/SOILS BACKGROUND
The site is relatively flat with no significant slopes on or immediately adjacent to the site, and is not
subject to geological hazards including landslides and slope instability. The soils consist of alluvial
sediments overlying bedrock, with a potential for expansion. The soils are comprised of laterally
discontinuous zones of sandy clay, clay, and clayey gravel extending to depths of 25 to 40 feet below
the surface.
HAZARDS AND HAZARDOUS MATERIALS BACKGROUND
A hazardous materials assessment for the project site was prepared in April 2011 by Earth Systems
Pacific. Based on the results of a government database records search, the project site is not
included on a list of hazardous material sites compiled pursuant to Government Code Section
65962.5. Archived documents at the City of San Luis Obispo Fire Department indicate that the
previous use of the site as a welding/automobile repair shop contained several areas of oil-stained
soil, a dry well, and a hydraulic lift. It is unknown whether or not soil sampling was conducted at the
time of removal of these features and there is a potential that these or other undocumented buried
features would be encountered during excavation. Furthermore, soil samples taken in 2005 at three
and four feet indicate the presence of total petroleum hydrocarbons in quantities that exceed City
of San Luis Obispo Fire Department action levels.
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Phase 1B & Phase 2 Mitigation and Monitoring Plan 13
HISTORICAL RESOURCES BACKGROUND
The project site is partially located within the locally designated City of San Luis Obispo Downtown
Historic District (historic district). The historical resources analysis conducted as part of the 2018
Final EIR indicated the presence of two properties in the project site that contribute to the historic
district, 610 and 614 Monterey Street; 614 Monterey Street has also been found individually eligible
for historical designation. Due to their designation as contributors to the historic district, and in the
case of 614 Monterey Street, its local eligibility, these properties are considered historical resources
under CEQA and would be demolished by the project. The 2018 Final EIR determined that, due to
the demolition of 610 and 614 Monterey Street, impacts to historical resources as a result of the
project would be significant and unavoidable. However, implementation of Mitigation Measure CR-1
is required to reduce impacts to historical resources to the greatest extent possible.
In addition to the direct impacts discussed above, the 2018 Final EIR analyzed the potential indirect
impacts to historical resources associated with the project, in particular to the locally-designated
Hays-Lattimer Adobe and Harmony Creamery. The 2018 Final EIR concluded that although the
project would negatively affect the historic integrity of the Hays-Lattimer Adobe and Harmony
Creamery, both would retain their ability to convey their significance and therefore, indirect impacts
would therefore be less than significant. Therefore, no mitigation additional mitigation is required.
NOISE BACKGROUND
The primary noise sources in the project area are from U.S. 101, light vehicle traffic along Palm
Street, Nipomo Street, and Monterey Street, and occasional noise from the Mission College
Preparatory school athletic field.
Noise-sensitive receptors closest to the project site include the following: single- and multi-family
residential units adjacent to the northeast project boundary; the San Luis Obispo Children’s
Museum located across Monterey Street, approximately 50 feet from the southeast project
boundary; the Reis Family Mortuary across Nipomo Street, approximately 50 feet from the western
project boundary; residential suites on the second story of the mixed-use development on the south
corner of the intersection of Dana Street and Nipomo Street, approximately 60 feet from the
southern project boundary; single-family residences located across Nipomo Street, approximately
90 feet from the western project boundary; and the Mission College Preparatory school athletic
field across Palm Street, approximately 75 feet from the northwest project boundary.
PALEONTOLOGICAL BACKGROUND
The project site and surrounding region was mapped at a scale of 1:24,000 by Dibblee and Minch
(2004), who identified a single geologic unit, Quaternary alluvium, underlying the project site. A
geotechnical report for the project found alluvium at the surface or below the artificial fill, reaching
a depth of 25 to 44 feet (Earth Systems Pacific 2011). Early Holocene and Pleistocene alluvial
sediments have produced scientifically significant fossils throughout California, including San Luis
Obispo County, yielding taxa such as mammoth (Mammuthus), mastodon (Mammut), horse (Equus),
bison (Bison), camel (Camelops), ground sloth (Paramylodon), and rodent (Sciuridae) (Jefferson et al.
1992; Jefferson 2010; Paleobiology Database 2022; University of California Museum of Paleontology
2022).
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TRANSPORTATION BACKGROUND
Regional access to the project site is provided by U.S. 101, located west and north of the study area,
and Highway 1, which coincides with and is designated Santa Rosa Street (north of U.S. Highway
101) near the project site. All of the study area roadways are classified as Local Commercial streets
in the City’s General Plan Circulation Element.
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 15
2 Plan Check Requirements
The following outlines the mitigation requirements that shall be reflected on final plans and/or
project specifications.
1. Prior to issuance of building permits the Community Development Director or other City
compliance monitor shall confirm Architectural Review Committee review and approval of a
comprehensive lighting plan consistent with the Municipal Code Night Sky Ordinance, and
prepared using guidance and best practices endorsed by the International Dark Sky Association.
The lighting plan shall include:
Identification of all types, sizes, and intensities of wall mounted building lights and
landscape accent lighting
A photometric map
Shielding of point sources of all exterior lighting from offsite views
Directing light downward and cut-off fixtures or shields
Lumination from exterior lights at the lowest level allowed by public safety
standards
Exterior lighting design that does not focus illumination onto exterior walls
No internal illumination of any signage visible from offsite
2. Prior to issuance of building permits the Community Development Director or other City
compliance monitor shall review the final building plans to verify that roof and building
materials are non-reflective, and are muted in hues consistent with standards in the Community
Design Guidelines, Section 6.1-C.
3. Prior to issuance of grading permit the Community Development Director or other City
compliance monitor shall review the final grading plans to verify the following air quality
mitigation requirements are reflected in final plans or specifications (these requirements may
be developed in the context of a larger Construction Management Plan):
FUGITIVE DUST CONTROL REQUIREMENTS
Reduce the amount of the disturbed area where possible
Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible
All dirt stock pile areas shall be sprayed daily as needed
Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible following completion
of any soil disturbing activities
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Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating, non-invasive grass
seed and watered until vegetation is established
All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the SLOAPCD
All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used
Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph)
on any unpaved surface at the construction site
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with California Vehicle Code Section 23114
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible
All of these fugitive dust mitigation measures shall be shown on grading and
building plans
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of
such persons shall be provided to the SLOAPCD Compliance Division prior to the
start of any grading, earthwork, or demolition.
STANDARD CONTROL MEASURES FOR CONSTRUCTION EQUIPMENT
Maintain all construction equipment in proper tune according to manufacturer’s
specifications
Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue off-road)
Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation
Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.,
captive or NOX exempt area fleets) may be eligible by proving alternative
compliance
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 17
All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit
Diesel idling within 1,000 feet of sensitive receptors is not permitted
Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
Electrify equipment when feasible
Substitute gasoline-powered in place of diesel-powered equipment, where feasible
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) FOR CONSTRUCTION EQUIPMENT
Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines where feasible
Repower equipment with the cleanest engines available
Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at:
www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
ARCHITECTURAL COATING
Low or no VOC-emission paint shall be used with levels of 50 g/L or less
4. Prior to issuance of grading and building permits the Community Development Director or other
City compliance monitor shall review and approve a design-level geotechnical report that
identifies the most appropriate geotechnical improvements to onsite soils, the foundation, and
parking structure to minimize expansive soil hazards.
5. Prior to issuance of grading and building permits the Community Development Director or other
City compliance monitor shall review the grading and building final plans to verify all
geotechnical improvements to onsite soils, the foundation, and parking structure identified in
the approved design-level geotechnical report are reflected on final grading and building plans.
6. Prior to issuance of grading permit the Community Development Director or other City
compliance monitor shall review and approve a work plan for soil sample testing for site
associated potential constituents of concern including metals, polycyclic aromatic hydrocarbons,
and total petroleum hydrocarbons. The work plan shall address the sampling protocols to be
followed, the number of samples to be taken, and the chemical analysis required. Upon City of
San Luis Obispo approval, the work plan shall be implemented and the results of the soil
sampling shall be forwarded to the City of San Luis Obispo. The City shall review the data to
determine if any additional investigation or remedial activities are deemed necessary. No work
shall resume in that area until the lead local regulatory agency has provided written
authorization that the area does not warrant any additional action.
If concentrations of contaminants warrant remediation or other special handling,
contaminated materials shall be remediated either prior to or concurrent with construction.
Impacted soil not requiring remediation would be excavated, stored, transported, and disposed
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Cultural Arts District Parking Structure Project
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following a lead oversight agency approved soil management plan. If remediation of soil impacts
beyond the planned area of excavation is warranted, a remedial action plan may be required. All
necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The
contaminated materials shall be properly managed under the supervision of an environmental
consultant licensed to oversee such remediation and under the direction of the lead oversight
agency (likely San Luis Obispo County Public Health Environmental Health Services Division).
Permitting for the excavation of contaminated soil may also be required from the San Luis
Obispo Air Pollution Control District. The remediation or soil management program shall also be
approved by the San Luis Obispo City Fire Department. All proper waste handling and disposal
procedures shall be followed. Upon completion of the remediation or soil management
activities, the environmental consultant shall prepare a report summarizing the project, the
remediation approach or soil management implemented, and the analytical results, including all
waste disposal or treatment manifests. The remediation or management of impacted soil can be
performed concurrently with excavation for project construction. HAZWOPER certified workers
may be required.
7. Prior to issuance of demolition permits the Community Development Director or other City
compliance monitor shall review and approve archival historic building documentation packages
for both 610 and 614 Monterey Street that comply with the Secretary of the Interior’s Standards
for Architectural and Engineering Documentation (NPS 1990). The documentation shall follow
the Historic American Building Survey (HABS) Level III requirements and include high-quality
digital photographic recordation of the buildings and their overall setting, detailed historic
narrative report, and compilation of historic research.
The documentation shall be completed by a qualified architectural historian or historian who
meets the Secretary of the Interior’s Professional Qualification Standards for History and/or
Architectural History (NPS 1983). Individual archival documentation packages shall be
completed both properties and offered as donated material to the San Luis Obispo Library and
the History Center of San Luis Obispo County, where it would be available to local researchers.
Completion of this mitigation measure shall be monitored and enforced by the lead agency.
8. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review and approve a construction vehicle and hauling route that shall
be used for all construction vehicles and hauling trips during the duration of construction. (This
measure may be developed in the context of a larger Construction Management Plan.)
9. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review the final grading and building plans to verify the following
noise mitigation requirements are reflected in final plans or specifications (these requirements
may be developed in the context of a larger Construction Management Plan):
CONSTRUCTION WORK HOURS
Except for emergency repair of public service utilities or where an exception is
issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall
occur daily between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays,
holidays, or after sunset, where that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and
85 dBA for mixed residential/commercial land uses across a residential or
commercial property line for a maximum of 10 days. For construction activities
Plan Check Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 19
lasting more than 10 days, noise from construction equipment shall not exceed 60
dBA for single family residential, 65 dBA for multi-family residential, and 70 dBA for
mixed residential/commercial land uses across a residential or commercial property
line.
CONSTRUCTION EQUIPMENT NOISE MANAGEMENT TECHNIQUES
For all construction activity at the project site, noise attenuation techniques shall be
employed to reduce noise levels to extent feasible in accordance with the City of
San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
Sound blankets on noise-generating equipment Stationary construction
equipment that generates noise levels above 60 dBA at the project boundaries
shall be shielded with barriers that meet a sound transmission class (a rating of
how well noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers
For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities
Electrical power shall be used to power air compressors and similar power tools
The movement of construction-related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors shall be
limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday
and no movement of heavy equipment shall occur on Sundays or official
holidays (e.g., Thanksgiving, Labor Day)
Temporary sound barriers shall be constructed between construction sites and
affected uses
10. Prior to issuance of grading permits the Public Works Director or other City compliance monitor
shall review and coordinate the construction schedules of any other projects within 300 feet of
the project to ensure that construction schedules do not overlap.
11. Prior to issuance of zoning clearance the Community Development Director or other City
compliance monitor shall review and approve proof that the contractor has mailed notices to
residents and business operators at properties within 300 feet of the project site of proposed
construction timelines and noise complaint procedures to minimize potential annoyance related
to construction noise.
12. Prior to issuance of each building permit the Public Works Director or other City compliance
monitor shall review and approve a Construction Traffic Management Plan that identifies traffic
management strategies to reduce, to the maximum extent feasible, traffic congestion and the
effects of parking demand by construction workers during construction of this project. (This
measure may be developed in the context of a larger Construction Management Plan.)
The Construction Traffic Management Plan shall include:
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A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane
closure procedures, sidewalk closure procedures, signs, cones for drivers, and designated
construction access routes.
Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials, equipment, and vehicles (must
be located on the project site).
Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant.
Temporary construction fences to contain debris and material and to secure the
site.
Provisions for removal of trash generated by project construction activity.
A process for responding to and tracking complaints pertaining to construction
activity.
Provisions for monitoring surface streets used for truck routes so that any damage
and debris attributable to the trucks can be identified and corrected.
13. Prior to issuance of grading and building permits the Public Works Director or other City
compliance monitor shall review the grading and building final plans to verify required
improvements to the intersections of Dana Street/Nipomo Street and Monterey Street/Nipomo
Street are reflected on final grading and building plans. The required improvements shall be
consistent with the City’s Circulation Element and Downtown Physical Concept Plan (2017) and
shall balance the needs of pedestrian, bicycle, and vehicle modes of use. At a minimum the
required improvements shall include:
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps across Nipomo Street from the northwest corner of Dana Street/Nipomo
Street to the southwest corner of the parking structure.
High visibility crosswalk, or other intersection enhancements, with directional curb
ramps from the southeast corner of Monterey Street/Nipomo Street across Nipomo
Street.
Standard crosswalks, or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
Additional plans requiring review and approval by the Community Development Director prior to
Encroachment Permit issuance include an archaeological monitoring plan consistent with the
requirements of the City’s Archaeological Resource Preservation Guidelines, which is incorporated
in this MMP as Section 3, Monitoring Requirements.
Monitoring Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 21
3 Monitoring Requirements
AIR QUALITY MITIGATION MONITORING REQUIREMENTS
Periodically during construction (minimum once per month) the City compliance monitor shell field
verify compliance with the Fugitive Dust Control Requirements, Standard Control Measures for
Construction Equipment, BACT for Construction Equipment, and Architectural Coating mitigation
requirements reflected in final plans and specifications. Periodic field monitoring shall continue until
the City compliance monitor has determined that the specific mitigation requirements have been
fully met and/or construction is complete.
BIOLOGICAL RESOURCES/NESTING BIRD MITIGATION MONITORING REQUIREMENTS
If construction activities related to the project, including, but not limited to, vegetation removal,
ground disturbance, and construction and demolition, must begin between February through
August, prior to initiation of construction activities the City compliance monitor shall ensure a
qualified biologist completes a pre-construction nesting bird survey no more than 3 days prior to
initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction
survey shall be conducted within the Project Boundary, including a 300-foot buffer (500-foot for
raptors), on foot, and within inaccessible areas (i.e., private lands) afar using binoculars to the
extent practical.
If nests are found, an avoidance buffer (which is dependent upon the species, the proposed work
activity, and existing disturbances associated with land uses outside of the site) shall be determined
and demarcated with bright orange construction fencing, flagging, construction lathe, or other
means to mark the boundary by the qualified biologist under the supervision of the City compliance
monitor. The City compliance monitor shall notify all construction personnel as to the existence of
the buffer zone and to avoid entering the buffer zone during the nesting season. No ground-
disturbing activities shall occur within this buffer until the qualified biologist has confirmed that
breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer
shall occur only at the discretion of the qualified biologist.
CULTURAL/ARCHAEOLOGICAL RESOURCES MITIGATION MONITORING REQUIREMENTS
In compliance with the 2018 Final EIR archaeological monitoring is required for all project-related
ground disturbance . All archaeological monitoring efforts shall be conducted under the direction of
an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for
archaeology (National Park Service [NPS] 1983; hereafter, Qualified Archaeologist).
Archaeological monitor(s) shall be onsite during all project-related earthmoving activities.
Earthmoving activities include, but are not limited to, vegetation removal, grading, excavation,
trenching, and all other excavation activities. During monitoring, the monitors shall examine the
work areas for the presence of prehistoric artifacts (e.g., chipped stone tools and production debris,
stone milling tools, ceramics), historic-period debris (e.g., metal, glass, ceramics), and/or soil
discoloration that might indicate the presence of a cultural midden.
Each monitor shall maintain a daily log documenting ground disturbing activity, work locations,
description and provenience of any archaeological discoveries (if any), and any necessary action
items for monitoring
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In the event of a find, the archaeological monitors retain the authority to temporarily halt and
redirect work until the resource(s) have been evaluated and the area cleared for construction
activities to recommence. If the archaeological resource is prehistoric in nature, a local Native
American group will be contacted to and given the opportunity consult with the City regarding the
find and provide recommendation. A Native American monitor will be retained for the remainder of
earth disturbing activities should a prehistoric resource be found during construction. Protocols in
the case of a find are discussed in greater detail in Section 4 below.
Monitoring shall continue until the Qualified Archaeologist, in coordination with the City (and Native
American monitor if present), has determined that the monitoring may be reduced or eliminated.
Reasons for reducing or eliminating monitoring may include but not be limited to observed field
conditions such as: soils that appear to lack any organic material (sterile), soils that are determined
to be not native to the area, areas found to be heavily disturbed by modern activities, or the
encounter of undisturbed hardpan/bedrock type soil conditions or depth of excavation (i.e., exceeds
a depth where cultural resources may reasonably be expected).
When/if culturally sterile soils are encountered during monitoring, the Qualified Archaeologist will
provide a written recommendation (via email or other method acceptable to the City) to reduce or
eliminate the monitoring effort. Should the City accept the recommendation, the reduction or
elimination will commence immediately upon approval.
NOISE MITIGATION MONITORING REQUIREMENTS
Prior to initiation of grading and construction activities the City compliance monitor shall field verify
signs are in place directing noise-related complaints to the City’s Community Development
Department.
Periodically during construction (minimum once per week) the City compliance monitor shall field
verify compliance with signage requirements, in addition to the Construction Work Hours and
Construction Equipment Noise Management Techniques mitigation requirements reflected in final
plans and specifications. Periodic field monitoring shall continue until the City compliance monitor
has determined that the specific mitigation requirements have been fully met and/or construction is
complete.
PALEONTOLOGICAL RESOURCES MITIGATION MONITORING REQUIREMENTS
In compliance with the 2018 Final EIR, paleontological monitoring is required during initial ground
disturbance of sediments deeper than 10 feet below surface, with the project paleontologist
(defined as an individual meeting the standards of a Qualified Professional Paleontologist per SVP
[2010]) modifying the monitoring schedule as appropriate (City of San Luis Obispo 2007).
Excavations that are less than 10 feet below the surface or are in previously disturbed sediments, do
not require monitoring. Monitoring will be conducted by a paleontological monitor (defined as an
individual meeting the standards of a Qualified Paleontological Monitor per the standards of the
SVP [2010]).
Monitoring will consist of the visual inspection of excavated or graded areas, trench and pit
sidewalls, and spoils piles.
Paleontological monitoring is documented in daily electronic monitoring logs, which at a minimum,
include a description of areas monitored, monitor name(s), a summary of monitoring activities, and
a description of the disturbed geologic units within a stratigraphic context. In paleontologically
sensitive areas, or in adjacent areas that can provide context for the geology and paleontology,
Monitoring Requirements
Phase 1B & Phase 2 Mitigation and Monitoring Plan 23
outcrops and cut exposures will be examined and observed geologic features will be recorded
when/if available.
The paleontological monitor will be equipped with hand tools and supplies (e.g., geological hammer,
shovel, pick, chisels, whisk broom, buckets, specimen bags, field notebook, forms, pens, markers,
and glue) to allow for the rapid salvage of fossil remains. At all times, the paleontological monitor
will wear the appropriate personal protective equipment in compliance with the on-site contractor
PPE work rules, including a hard hat, heavy footwear, sleeved shirt, long pants, safety glasses, and a
high-visibility safety vest.
In the event of a find, the paleontological monitor retains the authority to temporarily halt and
redirect work until the resource(s) have been evaluated and the area cleared for construction
activities to recommence. Monitoring shall continue until the project paleontologist, in
coordination with the City, has determined that the monitoring may be reduced or eliminated.
Reasons for reducing or eliminating monitoring may include but not be limited to observed field
conditions such as: soils that appear to lack any potential to encounter paleontological resources
(sterile), soils that are determined to be not native to the area, or areas found to be heavily
disturbed by modern activities.
When/if paleontologically sterile soils are encountered during monitoring, the project
paleontologist will provide a written recommendation (via email or other method acceptable to the
City) to reduce or eliminate the monitoring effort. Should the City accept the recommendation, the
reduction or elimination will commence immediately upon approval. If the construction schedule
changes or excavations begin in a new area, the project paleontologist may reinstate
paleontological monitoring.
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4 Archaeological Testing Requirements
In compliance with Mitigation Measure 9, “fieldwork after the removal of pavement consisting of a
Phase I inventory, Phase II Testing and Evaluation, and Phase III Data Recovery aimed at locating
archaeological remains, evaluating their significance and integrity, and mitigating impacts through
data recovery excavation; the completion of special studies, such as faunal analysis, if appropriate”
is required.
As part of mitigation, an extended Phase I of CA-SLO-2431H shall be conducted. If CA-SLO-2431H
contains subsurface cultural materials, the resource shall be evaluated for significance and eligibility
for listing in the CRHR through the implementation of a Phase II evaluation program. Phase II
evaluations shall include any necessary archival research to identify significant historical
associations as well as mapping of surface artifacts, collection of functionally or temporally
diagnostic tools and debris, and excavation of a sample of the cultural deposit to characterize the
nature of the sites, define the artifact and feature contents, determine horizontal boundaries and
depth below surface, and retrieve representative samples of artifacts and other remains. If the
resource is found eligible for listing on the NRHP, CRHR, or local register, a Phase III data recovery
program shall be conducted to mitigate the impacts to the resource if avoidance remains infeasible.
A data recovery program shall include the development of a site-specific research design, testing
program, laboratory analysis, and reporting with the intention of extracting data from the resource
to the point of redundancy.
Cultural materials collected from the sites shall be processed and analyzed in the laboratory
according to standard archaeological procedures. The age of archaeological resources shall be
determined using radiocarbon dating or other appropriate procedures; metal, ceramic, faunal
remains, and other cultural materials shall be identified and analyzed according to current
professional standards. The significance of the resource shall be evaluated according to the criteria
of the CRHR. The results of the investigations shall be presented in a technical report following the
standards of the California Office of Historic Preservation publication “Archaeological Resource
Management Reports: Recommended Content and Format (1990 or latest edition).” Any necessary
archaeological data recovery excavation shall be carried out by a Registered Professional
Archaeologist according to a research design reviewed and approved by the City, as the lead agency,
and prepared in advance of fieldwork and using appropriate archaeological field and laboratory
methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991),
Guidelines for Archaeological Research Design, or the latest edition thereof.
Upon completion of the work, all artifacts, other cultural remains, records, photographs, and other
documentation shall be curated an appropriate curation facility to be determined on a case-by-case
basis in consultation with the City and interested parties (e.g., historical organizations).
Resource Discovery Plan
Phase 1B & Phase 2 Mitigation and Monitoring Plan 25
5 Resource Discovery Plan
The following outlines the procedures to be followed in the inadvertent discovery of cultural
resources, including human remains.
Discovery of Archaeological Resources
The procedure for dealing appropriately with unanticipated resources encountered during
construction will include, but not be limited to, the following:
For the discovery of previously unknown archaeological resources:
The archaeological monitor will divert construction activity in the immediate vicinity of the find by
signaling to construction staff and notifying the designated construction foreman. The monitor will
report the discovery to Rincon’s qualified archaeologist and the City’s construction inspector. The
“immediate vicinity” will vary depending upon specific circumstances. If the archaeological resource
is prehistoric in nature, a local Native American group will consult about the find, and a Native
American monitor will be retained for the remainder of earth disturbing activities.
Upon completion of the above notification, the archaeological monitor will determine the nature
and extent of the cultural remains and make a preliminary assessment of their integrity and
potential importance. If the archaeological monitor determines that the discovery is not cultural, or
is an isolated artifact, the monitor will immediately notify the qualified archaeologist and
construction manager that activities may resume as soon as the archaeological item(s) has been
properly photographed and recorded.
If potentially significant cultural features, artifact concentrations, or intact deposits are discovered,
the archaeological monitor will divert construction activity in the immediate vicinity and report the
discovery to the qualified archaeologist and the City’s construction inspector so that appropriate
notifications to the City can be issued. A temporary Construction Exclusion Zone (CEZ), consisting of
lath and flagging tape, will be erected around the discovery. The size of the CEZ may be reduced or
enlarged as the significance and extent of the find is determined and treatment measures are
implemented. For the purposes of the current effort, a minimum 100-foot radius shall be
established for any remains that are suspected of being human (see Section 4.2 for further direction
related to the discovery of human remains). Isolated artifacts shall be marked by an orange cone or
flagging with no additional radius. In the case of the discovery of an intact archaeological site, a
radius of 100 feet may be established so that the resource may be evaluated. This radius may be
reduced or expanded based on the nature of the resource and the area required for archaeologists
to work safely. The CEZ will not be removed until the potentially significant cultural resource has
been evaluated to assess whether it is classified as a “historical resource,” pursuant to the California
Environmental Quality Act (CCR, § 15064.5[a]). To minimize construction delays, if a potentially
significant cultural resource is discovered during monitoring, Rincon will immediately contact the
City to formulate a plan for further treatment.
Cultural resources identified within the site shall be recorded according to current archaeological
standards. This shall include the preparation of California Department of Parks and Recreation (DPR)
Series 523 forms. Pertinent information concerning the resource(s) shall be recorded, including the
site type, components, size, and provenience. Upon completion, the Series 523 forms shall be
City of San Luis Obispo
Cultural Arts District Parking Structure Project
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submitted to the California Historical Resources Information System’s Central Coast Information
Center, located at the Santa Barbra Museum of Natural History for primary number and trinomial
designation. Final copies of the Series 523 forms shall be included in the final monitoring report. In
addition to the Series 523 forms, a final compliance report shall be prepared as presented in Section
5.1 below.
Discovery of Human Remains
There is a possibility that the project’s construction-related activities may encounter human burials
or cremations. Therefore, if the project’s construction-related activities find potential human
bone, ground-disturbing activities in the area of the discovery shall immediately be halted or
redirected while a temporary CEZ surrounding the site of discovery is established to allow for
further examination and treatment of the find. The qualified archaeologist shall also immediately
notify the City and the San Luis Obispo County Coroner’s Office by telephone, pursuant to Health
and Safety Code 7050.5. By law, the Coroner will determine within 48 hours of being notified if the
remains are subject to his or her authority. If the human remains are determined to be prehistoric,
the coroner will notify the Native American Heritage Commission, which will determine and notify a
most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of
being granted access and provide recommendations for the treatment of any human remains and
artifacts associated with Native American burials.
Discovery of Paleontological Resources
In the event of a paleontological resource discovery, all work in the immediate vicinity of the
discovery will be halted and a 50-foot buffer will be delineated around the discovery, to create a
construction equipment exclusion zone to allow the paleontological monitor a safe zone to work
within. The project paleontologist will determine if the discovery has fossil(s) that have the potential
to be significant, and if they do, they shall recover the fossils following standard field procedures.
Most fossils can be safely salvaged quickly by a single paleontological monitor and not disrupt
construction activity. In some cases, larger fossils (such as complete skeletons or large mammal
fossils) require more extensive excavation and longer salvage periods.
During recovery of potentially significant fossils, the paleontological monitor will document all
identification and recovery efforts, including assigning a unique field number to each fossil
specimen, fossil locality, or sediment sample, and record the field number and associated
specimen/sample data (identification by taxon and element, sample size, etc.), corresponding
geologic data (particularly lithology, stratigraphic unit, stratigraphic level within the unit, inferred
age, etc.), and geographic site data (UTM coordinate location, elevation, etc.) in their field notes.
Reporting of Monitoring Results and Curation Finds
Phase 1B & Phase 2 Mitigation and Monitoring Plan 27
6 Reporting of Monitoring Results and
Curation Finds
Reporting of Archaeological Monitoring Results
At the conclusion of the construction activities requiring archeological monitoring, an archaeological
monitoring report shall be prepared under the direction of the qualified archaeologist. The
monitoring report will outline the methodology of archaeological mitigation at the project site,
describe the construction activity and duration, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered
during monitoring activities. Should the monitoring effort be negative for the identification of
cultural resources, a negative letter report shall be prepared. The letter report shall include, at a
minimum, the dates of monitoring, activities conducted, personnel, and field logs.
If archaeological materials are recovered, a comprehensive technical report will also be required to
describe and interpret findings and data. The technical report shall be prepared in accordance with
the Archaeological Resources Management Reports (ARMR): Recommended Contents and Format.
If required, the ARMR-format report shall include a complete description of resources identified
during monitoring, treatment of those resources, National Register of Historic Places (NRHP)
eligibility recommendations, site records, and site maps.
The final version of the monitoring report shall be submitted to the City and the Central Coast
Information Center of the California Historical Resources Information Center.
Curation of Archaeological Finds
Recovered archaeological finds not associated with burials will be temporarily stored by Rincon until
either an appropriate on-site reburial location or repository is agreed upon by the City, other
interested Native American groups, and/or MLD. If necessary, curation preparation will include
creating acid-free labels and tags, placing artifacts in archival quality bags and boxes, and submitting
a hard copy of the report on acid-free paper with and the artifacts to the selected curation facility.
Permanent treatment of human remains and associated funerary items shall be determined by the
MLD in coordination with the City.
Reporting of Paleontological Monitoring Results
At the conclusion of construction activities requiring paleontological monitoring, a paleontological
monitoring report shall be prepared under the direction of the project paleontologist. The
monitoring report will present the paleontological mitigation and the methods by which it was
satisfied within the project site. The level of effort to complete a monitoring report is dependent on
the nature of the resources recovered during construction. Should the monitoring effort be negative
for the identification of paleontological resources, a negative letter report shall be prepared. The
letter report shall include, at a minimum, the dates of monitoring, activities conducted, personnel,
and field logs. If paleontological resources are recovered, a comprehensive technical report will be
City of San Luis Obispo
Cultural Arts District Parking Structure Project
28
required to describe and interpret findings and data consistent with the requirements of the SVP
(2010).
Curation of Paleontological Resources
All paleontological resources and data recovered from the project site shall be curated together at
the Santa Barbara Museum of Natural History. All collected fossil resources are the property of the
City and shall be provided to the Santa Barbara Museum of Natural History along with a deed of gift.
Curation would require placement of fossils into archival specimen trays with labels containing
relevant curatorial information. A copy of the Project’s curation agreement with the Santa Barbara
Museum of Natural History is attached as Appendix 1.
References
Phase 1B & Phase 2 Mitigation and Monitoring Plan 29
7 References
National Park Service
1983 Archaeology and Historic Preservation: Secretary of the Interior’s Standards and
Guidelines. Washington, DC. https://www.nps.gov/history/local-
law/arch_stnds_0.htm, accessed April 1, 2022.
City of San Luis Obispo
2018 Final Environmental Impact Report and Mitigation Monitoring and Reporting
Program for the Palm Nipomo Parking Structure Project. On file with the City of San
Luis Obispo
City of San Luis Obispo
2009 Archaeological Resource Preservation Program Guidelines.
https://www.slocity.org/home/showpublisheddocument/4140/6354976496520000
00, accessed May 27, 2022
Earth Systems Pacific
2011 Geotechnical, Geologic, and Hazardous Materials Assessment Report, Palm and
Nipomo Parking Structure, Palm and Nipomo Streets, San Luis Obispo, California.
April 21, 2011.
Jefferson, G.T.
2010 A catalogue of late Quaternary vertebrates from California. Natural History Museum
of Los Angeles County Technical Report. Volume 7, pp. 5-172.
Jefferson, G.T., H.L. Fierstine, J.R. Wesling, and T.-L. Ku.
1992 Pleistocene terrestrial vertebrates from near Point San Luis, and other localities in
San Luis Obispo County, California, Bulletin of the Southern California Academy of
Sciences. Volume 91, pp. 26-38.
Paleobiology Database
2022 The Paleobiology Database, http://paleobiodb.org/ (accessed June 2022)
Society of Vertebrate Paleontology (SVP)
2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to
Paleontological Resources. Society of Vertebrate Paleontology Impact Mitigation
Guidelines Revision Committee. https://vertpaleo.org/wp-
content/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdf.
University of California Museum of Paleontology
2022 UCMP online database specimen search portal, http://ucmpdb.berkeley.edu/
(accessed June 2022)
Appendix 1
CURATION AGREEMENT WITH THE SANTA BARBARA MUSEUM OF NATURAL HISTORY
June 21st, 2022
Zachary Lerma
Rincon Consultants
213-788-4842 x4001
Subject: Repository agreement for acceptance of fossils from San Luis Obispo Cultural Arts
Parking Project (22-12836) from the City of San Luis Obispo
Dear Zachary,
This letter serves as confirmation of the conditions regarding acceptance of the fossil material
from the San Luis Obispo Cultural Arts Parking Project (22-12836) into the Earth Science
Collection at the Santa Barbara Museum of Natural History (SBMNH). The SBMNH actively
curates and provides a safe repository for specimens using contemporary methods for
preserving fossils, including maintaining microenvironments in environmentally-controlled
collections ranges, maintaining a digital database that archives all contextual data associated
with each specimen, and maintaining a fossil preparation laboratory to repair and conserve
fossils. The SBMNH is willing to consider accepting the collection(s) if all of the following
conditions are met:
All collections must be accompanied by deed-of-gift and transfer of ownership
documentation giving free and clear title of the collection to SBMNH.
Material from government lands must be accompanied by a copy of the official collecting
permit.
All localities must be described in detail, including a precise description of the
geographic location with GPS coordinates (stating datum used), lithology, stratigraphy
(including unit designation), relative/absolute ages, and depositional environment if
known.
All localities must be plotted on standard USGS topographic or geologic maps and
located within Santa Barbara, Ventura, or San Luis Obispo counties. In certain
situations, collections derived from localities outside of those counties may be accepted
on a case-by-case basis with prior approval from the Earth Science Curator.
All collections must include a specimen catalog that clearly correlates physical
specimens to locality and preparation data.
All collections must include printed and digital copies of final reports, any field notes,
environmental impact reports, maps, charts, photographs, and other documentation as
appropriate. All records must include site number and accession number.
All specimens must be fully stabilized and prepared. Specimens must be accompanied
by notes on preparation methods, including consolidants and tools used.
All specimens must be identified to the lowest taxonomic level possible.
Larger specimens (e.g., mammoth limb bones) must be fully supported in archival
cradles (field jackets are not acceptable).
If the collection is relatively large, it must be accompanied by the same specimen
cabinets, drawers, and archival-quality trays used by SBMNH. Confer with the Earth
Science Curator for estimated costs.
Our estimated costs for curation, cataloging, and labeling of specimens are $20/locality and
$12/specimen. For invertebrates and microfauna that are from the same locality and taxon,
cataloging as lots is acceptable and counted as a single specimen. The estimated costs of
permanent storage, including maintenance, is $300 per cubic foot of fully prepared fossils.
Sincerely,
Jonathan M. Hoffman, Ph.D.
Dibblee Curator of Earth Science
Vertebrate Zoology Department
(805) 682-4711 ext. 157
jhoffman@sbnature2.org
158
Wooten, Eric
From:Ryan Stefanek <rstefanek@kitchell.com>
Sent:Wednesday, July 19, 2023 3:39 PM
To:Kacsinta, Madeline
Cc:Tally Perry
Subject:RE: Addendum 4 - Soils
Attachments:Addendum 4_CADPS (002) Rincon revisions 071923.docx; SLO Cultural Arts CM Contract-FE.pdf
Hey Madeline,
See aƩached for Rincon for comments and marked up map.
They appear to be inline with what we noted but worth taking a look.
Let me know if you have any quesƟons!
Thanks,
Ryan Stefanek, Project Manager I
Kitchell CEM
1540 Marsh St. Suite 150
San Luis Obispo, CA 93401
Cell: 805-674-6598 | Direct: 916-713-6975
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
From: Ryan Stefanek
Sent: Wednesday, July 19, 2023 1:51 PM
To: Kacsinta, Madeline <MKacsint@slocity.org>
Cc: Tally Perry <tperry@kitchell.com>
Subject: RE: Addendum 4 - Soils
Awesome!
I am sƟll waiƟng on Rincon’s informaƟon and we will share/review to ensure it is inline with the teams understanding.
Thanks,
Ryan Stefanek, Project Manager I
Kitchell CEM
1540 Marsh St. Suite 150
San Luis Obispo, CA 93401
Cell: 805-674-6598 | Direct: 916-713-6975
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
From: Kacsinta, Madeline <MKacsint@slocity.org>
Sent: Wednesday, July 19, 2023 1:39 PM
To: Ryan Stefanek <rstefanek@kitchell.com>
159
Cc: Tally Perry <tperry@kitchell.com>
Subject: RE: Addendum 4 - Soils
EXTERNAL EMAIL
Thank you for your quick response on this! Addendum 3 is out!
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ryan Stefanek <rstefanek@kitchell.com>
Sent: Wednesday, July 19, 2023 11:47 AM
To: Kacsinta, Madeline <MKacsint@slocity.org>
Cc: Tally Perry <tperry@kitchell.com>
Subject: RE: Addendum 4 - Soils
Hey Madeline,
As discussed, see aƩached Addendum 4 with comments from Kitchell.
Also aƩached are the redlined map from Rincon as well as the soils management plan
Thanks,
Ryan Stefanek, Project Manager I
Kitchell CEM
1540 Marsh St. Suite 150
San Luis Obispo, CA 93401
Cell: 805-674-6598 | Direct: 916-713-6975
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
From: Kacsinta, Madeline <MKacsint@slocity.org>
Sent: Wednesday, July 19, 2023 8:22 AM
To: Ryan Stefanek <rstefanek@kitchell.com>
Cc: Tally Perry <tperry@kitchell.com>
Subject: RE: Addendum 4 - Soils
EXTERNAL EMAIL
160
Thank you! I have a meeting with the design team at 9am, and them am meeting with Brian to push out addendum 3
today.
I have this in as Addendum 4, which could give us one more day, but if we can get it in Addendum 3, that would be
great.
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ryan Stefanek <rstefanek@kitchell.com>
Sent: Wednesday, July 19, 2023 8:19 AM
To: Kacsinta, Madeline <MKacsint@slocity.org>
Cc: Tally Perry <tperry@kitchell.com>
Subject: RE: Addendum 4 - Soils
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Madeline,
Understood and we will prioriƟze this.
We spoke to Rincon yesterday and they are trying to find a Ɵme slot today to meet.
If not we will at least ask them to get any feedback on your document.
We will keep you updated.
Thanks,
Ryan Stefanek, Project Manager I
Kitchell CEM
1540 Marsh St. Suite 150
San Luis Obispo, CA 93401
Cell: 805-674-6598 | Direct: 916-713-6975
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
From: Kacsinta, Madeline <MKacsint@slocity.org>
Sent: Wednesday, July 19, 2023 8:11 AM
To: Ryan Stefanek <rstefanek@kitchell.com>
Cc: Tally Perry <tperry@kitchell.com>
Subject: Addendum 4 - Soils
161
EXTERNAL EMAIL
Hi Ryan,
Can you please look this over and get Rincons interpretation on what the contractor needs to do for the non-
hazardous soil remediation?
Also, I will need to provide them with a map of the area that will be removed to 1-ft depth so that they can calculate the
remining amount of soil to be removed. Can I would like to provide an amendment to the soils report to include
additional soil sample results.
Can you help me out with this? This addendum HAS to go out by tomorrow, so this takes priority over any other work
you guys are doing on this project.
Thank you,
Madeline Kacsinta
Engineer III
Public Works
919 Palm, San Luis Obispo, CA 93401-3218
E MKacsint@slocity.org
T 805.781.7094
slocity.org
Stay connected with the City by signing up for e-notifications
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_________________ by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and KITCHELL CEM, INC., hereinafter referred
to as Consultant.
W I T N E S S E T H
WHEREAS, on July 28, 2022, requested proposals for Resident Engineer and
Construction Management Services, Cultural Arts District Parking Structure, City Project
Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was
accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is
made and entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default, act, or omission of the City, or
by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Consultant. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may, at the time of acceptance of the work, waive liquidated damages that may have
accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may
notify the Consultant in writing of such defect or failure to perform. This notice must give
the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may
terminate the contract immediately by written notice to the Consultant to said effect.
Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Consultant's
surety shall remain in full force and effect, and shall not be extinguished, reduced, or in
any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received
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1/5/2023 | 8:53 AM PST
the City's Notice of Termination, minus any offset from such payment representing the
City's damages from such breach. "Reasonable value" includes fees or charges for goods
or services as of the last milestone or task satisfactorily delivered or completed by the
Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based
solely on the City's assessment of the value of the work-in-progress in completing the
overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as t o
permit a full and complete accounting of costs. In no event, however, shall the Consultant
be entitled to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the
contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a
determination by the Director that termination of the contract is in the best interest of the
City. Upon termination notice from the City, Consultant must, unless otherwise directed,
cease work and follow the City’s directions as to work in progress and finished goods.
For termination of any services pursuant to this Agreement, the City’s liability will be the
lesser of a reasonable price for the services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary
to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be
approved in writing by the City. For any sub-contract for services in excess of $25,000,
the subcontract shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise
dispose of the contract, or its right, title or interest, or its power to execute such a contract
to any individual or business entity of any kind without the previous written consent of the
City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the services of the Consultant are being performed in accordance with
the requirements and intentions of this contract. All work done and all materials furnished,
if any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various
laws and regulations as well as performance of the contract, the Consultant and sub -
consultants shall maintain all books, documents, papers, accounting records and other
evidence pertaining to the performance of the contract, including but not limited to the cost
of administering the contract. Materials shall be made available at their respective offices
at all reasonable times during the contract period and for three years from the date of final
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payment under the contract. Authorized representatives of the City shall have the option
of inspecting and/or auditing all records. For Federally funded projects, access to records
shall also include authorized representatives of the State and Federal government.
Copies shall be furnished if requested.
10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or
any ensuing City construction project. The Consultant shall also list current clients who
may have a financial interest in the outcome of this contract, or any ensuing City
construction project which will follow. The Consultant staff shall provide a Conflict of
Interest Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any
interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub-consultant or person having such an interest shall be
employed. The Consultant certifies that no one who has or will have any financial interest
in performing this work is an officer or employee of the City. It is hereby expressly agreed
that, in the performance of the work hereunder, the Consultant shall at all times be
deemed an independent Consultant and not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that
this contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of
the warranty, the City shall have the right in its discretion; to terminate the contract without
liability; to pay only for the value of the work actually performed; to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this
contract that no person or selling agency has been employed, or retained, to solicit or
secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this
contract without liability; pay only for the value of the work actually performed, or in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed
of and shall observe and comply with all applicable state and federal laws and county and
City of San Luis Obispo ordinances, regulations and adopted codes during its
performance of the work. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of
construction, including but not limited to, inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Consultant is required to pay.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and
licenses, pay all charges and fees, and file all notices as they pertain to the completion of
the Consultant’s work. The City will pay all application fees for permits required for the
completion of the project including building and regulatory permit application fees.
Consultant will provide a 10 day notice for the City to issue a check.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged resulting from the Consultant's operations, it shall be
replaced or restored at the Consultant's expense. The facilities shall be replaced or
restored to a condition as good as when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-
consultants engaged for the performance of this work that only persons authorized to work
in the United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this
work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as
it may employ, to engage in discrimination in employment of persons on any basis
prohibited by State or Federal law.
21. Accuracy of Specifications. The specifications for this project are believed by the City
to be accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all
sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that
could easily have been ascertained by examining either the project site or accurate test
data in the City's possession. Although the effect of ambiguities or defects in the
specifications will be as determined by law, any patent ambiguity or defect shall give rise
to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity
or defect shall be considered patent if it is of such a nature that the Consultant, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the
existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub -
consultants to notify City in writing of specification defects or ambiguities prior to proposal
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submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall
not be liable for costs incurred by the successful Consultant to achieve the project’s
objective or standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual
or alleged ambiguity or defect in the specifications, or any other matter whatsoever,
Consultant shall immediately notify the City in writing, and the Consultant and all sub-
consultants shall continue to perform, irrespective of whether or not the ambiguity or
defect is major, material, minor or trivial, and irrespective of whether or not a change order,
time extension, or additional compensation has been granted by City. Failure to provide
the hereinbefore described written notice within one (1) working day of Consultant's
becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right
to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code
Section 2783, this paragraph shall apply in place of paragraph A. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections
2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City,
and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal counsels’ fees and
costs of litigation (“claims”), to the extent caused by the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the
operations conducted by Consultant, except for such loss or damage arising from
the active negligence, sole negligence or willful misconduct of the City. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant
shall provide a defense to the City Indemnitees or at the City’s option, reimburse the
City Indemnitees their costs of defense, including reasonable legal fees, incurred in
defense of such claims.
(b) The review, acceptance or approval of the Consultant’s work or work product by
any indemnified party shall not affect, relieve or reduce the Consultant’s
indemnification or defense obligations. This Section survives completion of the
services or the termination of this contract. The provisions of this Section are not
limited by and do not affect the provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed
in this proposal from other consultants during the contract term.
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24. Standards. Documents shall conform to City Standards and City furnished templates
shall be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped
and signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items
necessary to provide the work scope outlined in the Request for Proposal, incorporated
herein by reference and attached hereto as Exhibit A. City staff will review any documents
or materials provided by the Consultant and, where necessary, the Consultant will
respond to staff comments and make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership
and title to all reports, documents, plans, specifications, and estimates produced as part
of this contract will automatically be vested in the city and no further agreement will be
necessary to transfer ownership to the City. The Consultant shall furnish the City all
necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine readable form, are intended for one-time use in the construction of
the project for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected
with the modification, or misuse by the City of the machine-readable information and data
provided by the Consultant under this agreement. Further, the Consultant is not liable for
claims, liabilities, or losses arising out of, or connected with any use by City of the project
documentation on other projects, except such use as may be authorized in writing by the
Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Consultant as part of the work or serv ices
under these specifications shall be the property of City and shall not be made available to
any individual or organization by the Consultant without the prior written approval of the
City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the work or services under these
specifications, the Consultant shall provide such additional copies as are requested, and
City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working"
meetings with staff as necessary in performing workscope tasks.
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31. Requests for Review. The Consultant shall respond to all requests for submittal review
or contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the project scoping meeting, the
Consultant shall submit a proposed workscope, compensation and schedule within 10
working days. The cost proposal shall include all costs including miscellaneous direct
cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized
by project work phase or, in the case of on-call contracts, by project title. Invoice must
include a breakdown of hours billed and miscellaneous charges and any sub-consultant
invoices, similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefore compensation in a total sum not to exceed the individual
agreed upon project fee. Should the Consultant’s designs, drawings or specifications
contain errors or deficiencies, the Consultant shall be required to correct them at no
increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as
agreed to on a project by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and
fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and
vehicle cost that have been identified and are attached to this agreement. The
Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed
that currently authorized for State employees under State Department of Personnel
Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval
by the City of an original invoice and acceptance by the City of the materials, supplies,
equipment or services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact
arising under this contract that is not disposed of by agreement shall be decided by a
committee consisting of the City’s Project Manager and the City Director of Public Works,
who may consider written or verbal information submitted by the Consultant. Not later
than thirty days after completion of all deliverables necessary to complete the p lans,
specifications and estimate, the Consultant may request review by the City Council of
unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals
Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later
than 30 days after issuance of the final audit report, the Consultant may request a review
by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must
be submitted in writing.
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Neither the pendency of a dispute, nor its consideration by the City will excuse the
consultant from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled
“Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs” when project work is for a federally funded project. In
order to ensure the State Department of Transportation achieves its federally mandated
statewide overall DBE goal, the City encourages the participation of DBEs as defined in
49 CFR 26 in the performance of this agreement. The City will make a determination on
a project by project basis for reasonably expected DBE participation to compete for the
sub-consulting opportunities in this agreement. The Consultant is responsible to be fully
informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded projects, maintain records of DBE usage and complete and submit to the
City the final report of DBE utilization prior to receiving final payment. Records shall show
the name and business address of each DBE and the total dollar amount actually paid to
each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award
and administration of US DOT assisted agreements. Failure by the Consultant to carry
out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: Randy Rominger
1540 Marsh Street
Stan Luis Obispo, CA 93401
All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM
dated July 28, 2022, Consultant's proposal dated September 1, 2022, and Consultant’s
Revised Fee Proposal dated November 9, 2022, are hereby incorporated in and made a
part of this Agreement and are attached hereto as Exhibits A, B, and C respectively.
Should there be any conflict between terms set forth in the City Request for Proposals
Specification No. 90435-CM and Consultant’s proposal dated September 1, 2022, or
Revise Fee Proposal dated November 9, 2022, the terms in this agreement and City
Request for Proposals Specification No. 90435-CM will govern.
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40. Amendments. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City
Engineer.
41. Working Out of Scope. If, at any time during the project, the consultant is directed to
do work by persons other than the City Project Manager and the Consultant believes that
the work is outside of the scope of the original contract, the Consultant shall inform the
Project Manager immediately. If the Project Manager and Consultant both agree that the
work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing
rates or a lump sum price agreed upon between the City and the Consultant. Any extra
work performed by Consultant without prior written approval from the City Project Manager
shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding or representation be binding upon the parties hereto. For and
in consideration of the payments and agreements hereinbefore mentioned to be made
and performed by City, Consultant agrees with City to do everything required by this
Agreement, the said specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Kitchell CEM, Inc.
_______________________________
Matt Horn, Director of Public Works Wendy Cohen
President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
________________________________
Randy Rominger
Principal-in-Charge
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EXHIBIT A
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REQUEST FOR PROPOSALS
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
CITY PROJECT NO. 90435-CM
July 2022
The City of San Luis Obispo (City) is currently soliciting proposals for Resident Engineer and
Construction Management Services for its Cultural Arts District Parking Structure Project.
Each proposal must specify each and every item as set forth in the attached specifications. Any and
all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications
without taking exception may be grounds for rejection. The City reserves the right to reject any and all
proposals and to waive any irregularity or informality in any proposal or in the RFP process, as long as,
in the judgment of the City, such action will not negate fair competition and will permit proper
comparative evaluation of the proposals submitted.
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the
City. Any addenda will be posted on the website. Prospective proposers must check the website for
addenda or other relevant new information during the response period. The City is not responsible for
the failure of any prospective proposer to receive such addenda. All addenda so issued will become a
part of this RFP.
If your firm is interested and qualified, please submit the following in separately sealed envelopes plainly
marked with the proposal title, specification number, Consultant name, and time and date of the
proposal opening. All proposals must be submitted to the front counter at the Public Works Department,
919 Palm Street, by, 2:00 p.m. on September 1st, 2022.
If you have any questions about the proposal process, please contact the Engineer directly.
MANUEL GUZMAN
Construction Engineering Manager
mguzman@slocity.org
EXHIBIT A
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Table of Contents
I. INTRODUCTION ..............................................................................................4
PURPOSE ............................................................................................................................................... 4
PROJECT LOCATION ........................................................................................................................... 4
BACKGROUND ...................................................................................................................................... 4
CONSTRUCTION CONTRACT DURATION .......................................................................................... 5
II. SCHEDULE AND SUBMITTAL ............................................................................6
A. RFP SCHEDULE .................................................................................................................................... 6
B. PROPOSAL SUBMITTAL ....................................................................................................................... 6
III. GENERAL INSTRUCTIONS ................................................................................7
A. CITY RIGHTS & OPTIONS ..................................................................................................................... 7
B. CHANGES TO THE RFP ........................................................................................................................ 8
C. COMMUNICATIONS ............................................................................................................................... 8
D. INSURANCE ........................................................................................................................................... 9
E. EXCEPTIONS & DEVIATIONS ............................................................................................................. 10
F. AWARD AND STANDARD AGREEMENT ........................................................................................... 10
G. PREVAILING WAGE............................................................................................................................. 10
H. FAIR EMPLOYMENT PRACTICE ........................................................................................................ 10
I. PROTEST OF AWARD ......................................................................................................................... 11
IV. PROPOSAL FORMAT ...................................................................................... 12
COVER LETTER ................................................................................................................................... 12
FIRM QUALIFICATIONS ...................................................................................................................... 12
ORGANIZATION AND APPROACH ..................................................................................................... 12
SCOPE OF WORK ............................................................................................................................... 13
CONTRACT AGREEMENT .................................................................................................................. 13
REFERENCES ...................................................................................................................................... 13
FEE PROPOSAL .................................................................................................................................. 13
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION ............................................................... 14
V. CONSULTANT EVALUATION & CONTRACT AWARD ........................................ 15
PROPOSAL RESPONSIVENESS ........................................................................................................ 15
EVALUATION PROCEDURES ............................................................................................................. 15
CONTRACT AWARD ............................................................................................................................ 16
VII. APPENDICIES ................................................................................................. 17
APPENDIX A – SCOPE OF SERVICES ......................................................................... 17
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APPENDIX B – VICINITY MAP .................................................................................. 23
APPENDIX C – SAMPLE CONTRACT ......................................................................... 24
APPENDIX D – QUALITY ASSURANCE PROGRAM .................................................... 34
APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 35
APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE .............................................................................. 36
APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM ............... 37
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN ............... 37
APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE ........................................ 38
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VI. INTRODUCTION
PURPOSE
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient
information regarding the resident engineer and construction management services the City of San
Luis Obispo Department of Public Works (City) is seeking for its Cultural Arts District Parking
Structure Project (Project). This information is intended to enable interested parties to prepare and
submit proposals for a single construction management and resident engineer team to manage the
construction for this Project. See Scope of Services attached as Appendix A.
PROJECT LOCATION
The Project is located on the corner of Palm Street and Nipomo Street. See Vicinity Map Attached
as Appendix B.
BACKGROUND
The proposed scope is to provide construction management and resident engineer services to
manage the Cultural Arts District Parking Structure Project. It is anticipated that a single team will
work together to manage the demolition of an existing parking lot and buildings (the “Existing Site”)
and construction of a new cast-in-place parking facility consisting of at least 399 parking spaces
(the “Cultural Arts District Parking Structure”) in downtown San Luis Obispo (the “Project”). Two
future buildings are planned immediately adjacent to the Cultural Arts District Parking Structure: a
“liner building” along the Nipomo Street frontage and part of the Palm Street frontage; and a theater
at the corner of Monterey and Nipomo Streets. Although neither of these buildings are part of this
scope of work, they both have some shared access points and utilities that need to be coordinated
as a part of this Project.
The Project will be constructed in phases, under separate construction contracts, as follows:
1. Phase 1A: Dry Utility Undergrounding. This Project will underground PG&E and telecom
facilities crossing the site. Note: This contract inspection and management will not be part
of this work scope.
2. Phase 1B: Cultural Arts District Parking Structure On-Site Improvement Plans. Phase
1 includes site structure and parking lot demolition, grading, and permanent shoring work in
preparation for garage construction in Phase 2.
3. Phase 2: Cultural Arts District Parking Structure. Phase 2 includes vertical construction
of the parking structure, including frontage improvements and utility work.
Phase 1B: On-Site Improvements, generally consists of:
1) Demolition and disposal of three residential lots and structures located at 633 Palm Street,
610 Monterey Street, and 614 Monterey Street
2) Demolition and site clearing of existing asphalt parking lot, including paving, landscaping,
meters, and miscellaneous improvements.
3) Grading of pad area for Phase 2
4) Construction of permanent shoring along the north-east property line.
5) Existing tree protection.
Phase 2: Cultural Arts District Parking Structure, generally consists of:
1) A new five-level cast-in-place parking structure with an approximately 32,000sf footprint
(approximately 163,000sf gross), and approximately 399 total parking spaces.
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a. Level 1 (the ground floor) consists of standard parking, accessible parking, EV
parking, and bicycle parking.
b. Level 2 consists of standard parking, accessible parking, and EV parking.
c. Level 3 and Level 4 consist of standard parking and accessible parking.
d. Level 5 (the roof deck) consists of standard parking and accessible parking, with
photovoltaic overhead panels.
e. Two elevators.
f. Automated revenue/payment system.
2) On-site and off-site improvements including:
a. Off-site road improvements including new bulb-outs and decorative crosswalks and
intersections.
b. Construction of curb, gutter, driveway aprons, and sidewalk.
c. Underground utilities and stormwater chambers.
d. Pedestrian entry plazas (temporary where installed with future SLOREP Theatre
Improvements).
e. Planting and irrigation.
Note that the Phase 2 contract will include provisions for the contractor to provide an office space
and a conference room for the construction management team and provide electricity, phone,
internet, water and sanitation services.
CONSTRUCTION CONTRACT DURATION
Phase 1B of the Project is planned to begin construction in Spring 2023 and last for approximately
6 months, not including contract close-out.
Phase 2 of the Project is planned to begin construction in Fall 2023 and last for approximately 23
months, not including contract close-out.
The above durations only reflect anticipated duration of the construction contract work and must
be appropriately accounted for in the proposal. As part of the proposal, a general review of
construction contract duration may be performed at the proposing firm’s option.
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VII. SCHEDULE AND SUBMITTAL
A. RFP SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates
for the Proposal Submission Deadline, or Interviews will be advertised in the form of an addendum
to this RFP. The schedule for other milestones dates may be adjusted without notice.
RFP Schedule Date
Issued July 30, 2022
Proposal Submission Date September 1st, 2022, at 2:00 PM
Evaluation of Proposals Previous + 4 Weeks
Top 3 Ranked Consultants Interviewed Previous + 2 Weeks
Finalize Staff Recommendation Previous + 1 Week
Award by Public Works Director Previous + 1 Week
Notice to Proceed 1 day from Award
B. PROPOSAL SUBMITTAL
If your firm is interested and qualified, please submit a proposal in a sealed envelope by 2:00 p.m.
on September 1st, 2022. The proposal must be a maximum of 15 pages total, not including staff
resumés and fee proposal (see Section IV.G for fee proposal requirements).
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VIII. GENERAL INSTRUCTIONS
A. CITY RIGHTS & OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street,
in sealed envelopes no later than 2:00 p.m. on September 1st, 2022. Late proposals will
not be considered.
2. All costs incurred in the preparation and submission of proposals and related
documentation will be borne solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and
recommend the most qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated
with the consultant. Upon successful contract negotiations, staff will recommend a contract
be awarded.
5. Consultant fees will be negotiated with the selected firm and finalized prior to the award of
contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition,
this RFP does not commit the City to negotiate a contract. The issuance of this RFP does
not constitute an agreement by the City that any subsequent selection processes will occur,
or that any contract will be entered into by the City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or
interview without restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part,
received by reason of this request, and make more than one award, or no award, as the
best interests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive
property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal
which, in the judgment of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the
requirements and specifications contained in this Request for Proposal. All information
presented in a proposer’s proposal will be considered binding upon selection of the
successful proposer, unless otherwise modified and agreed to by the City during
subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of
services and approve or disapprove the use of all sub-consultants.
13. The contract will expire upon full completion of the scope of work.
14. Under the provisions of the California Public Records Act (the “Act”), Government Code
section 6252 et seq., all “public records” (as defined in the Act) of a local agency, such as
the City, must be available for inspection and copying upon the request of any person.
Under the Act, the City may be obligated to provide a copy of any and all responses to this
RFP, if such requests are made after the contract is awarded. One exception to this
required disclosure is information which fits within the definition of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other
data whose public disclosure could cause injury to the proposer’s competitive position. If
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any proposer believes that information contained in its response to this RFP should be
protected from disclosure, the proposer MUST specifically identify the pages of the
response that contains the information by properly marking the applicable pages and
inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*)
contain technical or financial information, which are trade secrets, or
information for which disclosure would result in substantial injury to the
proposer’s competitive position. Proposer requests that such data be used
only for the evaluation of the response but understands that the disclosure
will be limited to the extent the City considers proper under the law. If an
agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise
obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as
proprietary. If there is any dispute, lawsuit, claim or demand as to whether information within
the response to the RFP is protected from disclosure under the Act, proposer shall
indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim or
demand.
15. The proposing firm warrants that no official or employee of the City has an interest, has
been employed or retained to solicit or aid in the procuring of a contract resulting from this
RFP, if any, and further warrants that such person will not be employed in the performance
of such contract without immediate written notice to the City.
16. Firms submitting a proposal shall warrant that their offer is made without any previous
understanding, agreement, or connection with any person, firm, or corporation submitting
a separate proposal for the same Project and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action. This condition will not apply to proposals which
are submitted by firms who have partnered with others to submit a cooperative proposal
that clearly identifies a primary contractor and the associated sub-contractors.
17. Unforeseen additional items and/or services may be required. The City therefore reserves
the right to negotiate with the successful proposer for additional items and/or services
beyond what is described in Appendix A to be added to the final contract.
B. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
https://www.slocity.org/doing-business/doing-business-with-the-city/bids-and-proposals
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
the City. Any addenda will be posted on the website. Prospective proposers must check the
website for addenda or other relevant new information during the response period. The City is not
responsible for the failure of any prospective proposer to receive such addenda. All addenda so
issued will become a part of this RFP. Any proposer who has already submitted their proposal and
desires to make corrections, may remove and replace their proposal up to the date and time for
which this RFP closes.
C. COMMUNICATIONS
All communications concerning this RFP must be directed to mguzman@slocity.org. All other
communication is not binding and will in no way modify the RFP or the obligations of the City. All
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questions will receive a response within five (5) business days.
The proceedings of the Selection Committee are confidential, and members of the Selection
Committee are not to be contacted by the proposers. After the solicitation has closed, proposers
can request to view the RFP award information. Any questions and requests for information must
be addressed to the Engineer.
D. INSURANCE
The Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, employees or
subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20
10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as
determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this Project /location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Professional / Errors and Omissions Liability: $2,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this Project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be end orsed to 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. The Consultant agrees to notify the City in the event that the policy is suspended,
voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified
mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability
and automobile liability coverage required by this clause must also be provided. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
E. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the
proposal submitted by the proposer. The City may waive any immaterial deviation or defect in a
proposal.
F. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within sixty (60) days after the date of the RFP closing.
The successful proposer is expected to execute a contract reflecting the template in Appendix C.
This sample contract is for reference to the anticipated terms and conditions governing the City and
the successful proposer. The proposer must take exception in their proposal to any section of the
attached contract they do not agree with. Failing to do so will be deemed as acceptance by the
proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole
discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached
contract. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL, IT IS ADVISED
THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS
IN THE ATTACHED SAMPLE CONTRACT.
G. PREVAILING WAGE
A portion of this work is prevailing wage work. For any work proposed by the prime consultant or
a subconsultant (any tier) under this contract, in accordance with Labor Code Section 1720 et seq.,
employees must be paid at least the prevailing rate wages for public works performed on the Project
. Prime consultant and any applicable subconsultant (any tier) must register with the Department
of Industrial Relations (DIR) prior to contract award, must remain registered for the entire term of
the contract, and must submit certified payroll records to DIR at least monthly for such work.
Firms can register at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
H. FAIR EMPLOYMENT PRACTICE
The Consultant and all subconsultants must comply with all laws and regulations governing
nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair
Employment and Housing Act (California Government Code Section 129000 et seq.), and the
applicable regulations promulgated thereunder Title 2, Division 4.1, Chapter 5 of the California
Code of Regulations Section 11000 et seq.
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The Consultant, with regard to the work performed by them during the Contract, must not
discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status of any
person in employment or the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
I. PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local
procurement laws.
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IX. PROPOSAL FORMAT
A qualifying proposal must address all the following points and shall be in the format outlined in this
section. The technical proposal will be a maximum of 15 pages total, not including staff resumés.
COVER LETTER
The cover letter will be addressed to:
Manuel Guzman
Construction Engineering Manager
The letter must be on proposer’s letterhead and include the proposer’s contact name, mailing
address, telephone number and email address. The letter will address the proposer’s
understanding of the services being requested and any other pertinent information the proposer
believes should be included.
The name, address, telephone number, and email address of the person authorized to represent
the firm with respect to all notices, negotiations, discussions, and other communications relating to
this proposal, to any negotiation relating to the contract should be included in the letter.
The letter must be signed by the individual authorized to bind the Consultant to the representations,
commitments, and statements in the proposal.
FIRM QUALIFICATIONS
The City will only consider proposals that demonstrate firms have successfully completed
comparable Project s. These Project s must illustrate the quality, type, and past performance of
the Project team. Submittals must include a detailed description of a minimum of three (3) Project
s within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager and contact information
3. Contract amount
4. Date of contract
5. Date of completion
6. Consultant Project Manager and contact information
7. Consultant Resident Engineer and contact information
8. Project Objective
9. Project Outcome: include original construction contract amount and final amount.
ORGANIZATION AND APPROACH
1. Provide an organizational chart identifying the Project manager for the work and each key
person who would be assigned to carry out the work and their respective roles in performing
the work – specifically the Resident Engineer(s) and any Assistant Resident Engineers,
inspectors, materials sampling and testing, other key support or contract administration
staff. Provide a separate description of the experience and qualifications of the Project
manager and each key person, including a summary of experience on similar Project s.
Resumés should be included for all key individuals as an appendix to the submittal.
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2. Describe your Project and management approach. Provide a detailed description of how
the team and scope of work will be managed.
3. A list of no more than three references for the consultant and no more than three references
for each subconsultants, including the names, addresses and telephone numbers of recent
related clients/Project s, preferably other public agencies and a listing of the specific Project
s and key individuals that have participated in them. Include the dollar amount related to
the participation. Identify how much experience the firm and subconsultant has had with
public agencies.
4. Describe your cost control and budgeting methodology for this Project.
5. Provide responses to the following:
a. Describe critical construction related issues associated with the Project and how you will
address these.
b. Describe critical environmental issues and how you will address these.
c. Describe how cost and schedule for the construction contract and your scope of work
could be minimized.
SCOPE OF WORK
This section should establish that the proposer understands the City’s objectives and requirements,
demonstrate the proposer’s ability to meet those requirements and outline clearly and concisely
the plan for accomplishing the specified work in accordance with the time schedule as outlined in
Appendix A, Scope of Services:
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Indication of information and participation the proposer will require from City staff.
3. Describe Project deliverables for each phase of your work.
CONTRACT AGREEMENT
Indicate any issues or proposed changes to the sample contract included as Appendix C.
The Consultant must provide a brief statement affirming that the proposal terms will remain in effect
for one hundred twenty (120) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and
accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
REFERENCES
A list of no more than three references for the consultant and three references for each
subconsultant, including the names, addresses and telephone numbers. These references may
be the same as the references listed above in IV. Proposal Format, Section C. Organization and
Approach.
FEE PROPOSAL
Within separate sealed envelope, submit a complete fee proposal for the scope of services. Provide
separate subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated
hours. Clearly identify fees for subconsultant services.
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OPTIONAL – ADDITIONAL SUPPORTING INFORMATION
Provide additional supporting information, not requested above, that you believe is pertinent to
evaluating your firm’s ability to provide comparable program services.
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X. CONSULTANT EVALUATION & CONTRACT AWARD
PROPOSAL RESPONSIVENESS
Responses to this RFP must be complete. Responses that do not include the proposal content
requirements identified within this RFP and subsequent addenda will be considered incomplete
and will receive no further consideration.
EVALUATION PROCEDURES
Proposals will be evaluated according to each weighted Evaluation Criteria and scored on a zero
to five-point rating scale shown in the table below. The scores for the Evaluation Criteria will then
be multiplied according to their assigned weight to arrive at a weighted score for each firm. A firm’s
proposal with a high weighted total will be deemed of higher quality than a proposal or interview
with a lesser-weighted total. The top 3 ranked firms may be selected for an interview, which would
be used to confirm ratings.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no
probability of success in achieving Project objectives per the RFP.
1 Poor
Below average, falls short of expectations, is substandard to that which is the
average or expected norm, has a low probability of success in achieving Project
objectives per the RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be
met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per the RFP. This
will be the baseline score for each item with adjustments based on interpretation
of the proposal by Selection Committee.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected
as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average
or expected as the norm. Excellent probability of success and in achieving all
objectives and meeting RFP requirements and expectations.
The Proposal Evaluation Criteria and their respective weights are as follows:
No. Criteria Weight
1 Understanding of Work Involved 5
2 Organization and Approach 5
3 Quality & Experience of Staff for Work 5
4 Firm Qualifications & References 5
TOTAL 20
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CONTRACT AWARD
The final selection of the awarded consultant will be contingent upon successful contract
negotiations and approval by the Public Works Director. The City Public Works Director will
administer and enforce the provisions of the contract.
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XII. APPENDICIES
APPENDIX A – SCOPE OF SERVICES
Consultant shall provide an experienced registered Civil Engineer Construction Manager and
support staff (as required) to manage the Project. Project Management services will include, but
not be limited to, all items associated with construction management and inspection services
necessary for Project completion and closeout.
Typical Duties – The Work Tasks, defined in section below, generally include the following:
1. Maintain an awareness of safety and health requirements and enforce applicable
contract provisions for the protection of the public and Project personnel.
2. Provide technical and administrative management services for the Project,
coordination and oversight of all activities related to the construction of the Project and
provide constant communication to the Project Manager of activities and concerns on
the Project. Review all prepared documents with the Project Manager prior to
submission to the Contractor.
3. Evaluate cost reduction incentive proposals and provide recommendations to Project
Manager for acceptance or denial.
4. Perform the duties of Resident Engineer and Assistant Resident Engineer in
accordance with Caltrans procedures including construction inspection, pay quantity
calculations, materials sampling and testing, and compliance monitoring with Project
plans, specifications, permits, environmental documents, and agreements.
5. Review and monitor the contractor’s schedule through weekly meetings, and maintain
an as-built schedule.
6. Maintain binders of job records.
7. Prepare daily inspection and materials records and weekly status reports, and
stormwater compliance documentation.
8. Prepare all correspondence related to Project activities and review with the Project
Manager.
9. Identify actual and potential problems associated with the construction Project and
consult with the design engineer and Project Manager to implement engineering
solutions.
10. Coordinate submittal reviews and timely approvals with the design team and Project
Manager.
11. Prepare and approve progress payments and supporting documentation. The City will
provide signature authorization of monthly payments.
12. Pre-negotiate and prepare contract change orders. The City will provide signature
authorization of contract change orders.
13. Perform labor and subcontracting compliance tasks including labor interviews and
verifying certified payrolls and subcontractors utilization.
14. Complete record drawing markups daily, final Project certification, as outlined in Task
5, “Post-Construction Services.”
15. Recommend Project acceptance in accordance with City Standard Specifications and
procedures.
16. Ensure full compliance to Americans with Disabilities Act (ADA).
Work Tasks - A preliminary scope of services follows and includes identified work tasks.
Task 1 – Pre-Construction Services
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This task includes pre-construction services including, but not limited to the following:
Review and familiarization with contract plans, specifications, permits and
agreements, including subsurface utility relocation work. If contract conflicts, errors,
or omissions are discovered, convey to City and design engineer for correction if
prior to Project advertisement
Assist the City in evaluation of bids received.
Review Resident Engineer files. Resident Engineer’s files consist of design
engineer memos to Resident Engineers, and technical reports, environmental
document, permits, and studies.
Prepare a Resident Engineer’s Project schedule which includes all pre-construction
and utility relocations by others, and notification timelines noted on all permits,
agreements, and contract documents. Upon receipt of Contractor’s schedule,
evaluate and confer with the Contractor regarding workability of the schedule or
suggest changes that may improve the schedule and update Resident Engineer’s
schedule.
Prepare Project instructions and establish proposed contract administration and
record keeping procedures to be used during construction for review and approval
by Project Manager.
Attend meeting with City and Design Engineer to discuss design features. The
intent of this meeting is to answer questions from the Resident Engineer, meet key
staff, and review contract administration procedures.
Establish electronic records file structure and protocol for daily uploading to City
network.
Prepare meeting agenda identifying attendees and conduct a pre-construction
conference with the Contractor awarded the construction contract. Prepare and
circulate meeting minutes.
Follow Caltrans Standard Specifications Section 5-1.43, Potential Claims and
Dispute Resolution in establishing a Dispute Resolution Advisor (DRA) or Dispute
Resolution Board (DRB) as mutually agreed to by the City and the Contractor. The
agreed to process shall be reviewed and approved by Project Manager.
Establish correspondence protocols for contractor – construction management
communications to allow for clear tracking of correspondence sequences and
responses.
Task 2 – Construction Services
This task includes Project management, construction administration, scheduling, Project
observation/inspection, and materials testing during construction. Consultant management
services shall be in accordance with the Caltrans Local Assistance Program and
Construction Manuals, including but not limited to the following:
Project Coordination and Communication
Serve as the focal point for coordination among the contactor, surveyors, material
testers, design team, the Project Manager, other agencies, utility companies, and
other parties.
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Maintain close contact with Project Manager and the design team and review all
correspondence with the Project Manager prior to issuance. Maintain and track
correspondence in an organized manner throughout the Project.
Receive all Contractor correspondence and prepare and transmit responses.
Coordinate with applicable parties, as required, to develop responses.
Conduct weekly, or as necessary, construction contract coordination meetings with
the Contractor. Take minutes and distribute to parties designated in the Project
instructions.
Schedules, Progress Meetings, and Reports
Review Contractor’s planned schedule for conformance with the specifications and
for reasonableness of the sequence and duration of the activities. Provide
acceptance or correction noticing to Contractor.
Review work progress as compared to the planned schedule and notify Contractor
of schedule slippage. Analyze schedule to determine impact of weather and change
orders. Obtain from Contactor updates of construction schedule incorporating
actual progress, weather delays, and change order impacts. Negotiate time
extensions due to change orders and other delays.
Prepare and submit a monthly progress report to Project Manager describing key
issues, cost status, and schedule status.
Maintain as-built schedule
Payment
Review Contractor’s initial schedule of values for reasonableness and ease of
monitoring.
Prepare monthly quantity calculations to support progress payments.
Review and approve quantities submitted with monthly progress payment requests,
negotiate differences over amount, and process payments through the Project
Manager.
Submittals and Requests for Information (RFI)
Receive, stamp, and log submittals, and review and approve, or distribute for review
as necessary.
Monitor the review and return of submittals to Contactor. Provide reminders in
advance of deadlines for submittal reviewers
Develop and maintain a submittal tracking list to identify parties responsible for
review and acceptance, and received and response due dates.
Receive, process, and monitor Requests for Information (RFI) from Contactor.
Prepare responses to RFI related to construction issues in a timely manner.
Transmit design-related RFI to Design Engineer and copy the Project Manager.
Conduct meetings with Contractor and other parties, as needed, to discuss and
resolve RFI.
Change Orders
Evaluate potential change orders for compliance with permits, environmental
documents and other on-site and construction constraints. Provide appropriate
feedback for modifications or adjustments to change order proposals.
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Prepare Cost Request Bulletins, perform quantity and cost analysis, as required,
for negotiation of change orders, and negotiate payment for contract change
orders.
Prepare change orders related to construction issues based on drawings,
specifications, and other information from the City, design team, Project Manager,
or Contractor.
Perform change order administration, including obtaining City approval of change
order requests, issuing proposed change orders to Contractor, maintaining logs of
proposed change orders, receiving change order quotations from Contractor,
negotiating change order costs and time extension, processing final negotiated
change orders, and incorporating approved change order into progress payment
breakdown.
Prepare recommendations to accompany change order documents and forward to
Project Manager for review and approval. Obtain Contractor signature and provide
to the City for execution.
Construction Observation/Inspection Services
Provide experienced and qualified inspectors who are acceptable to the City.
The inspectors will ensure compliance with all aspects of the construction contract
by continuously monitoring, evaluating, approving or rejecting the Contractor’s work
in accordance with the approved construction contract documents.
Review laboratory, shop and mill test reports of materials and equipment, and
coordinate as required with the Design Engineers.
Review the safety programs developed by the Contractor as required by the
contract documents and monitor the Contractor's compliance.
Determine that the Contractor’s work is being performed in accordance with City
requirements and in accordance with the requirements of the contract documents.
Endeavor to guard the City against defects and deficiencies in the work. As
appropriate, require special inspection or testing, or make recommendations to the
City regarding special inspection or testing of work not in accordance with the
provisions of the contract documents, whether or not such work is fabricated,
installed or completed. Subject to review by City, reject work, which does not
conform to the requirements of the City or the contract documents.
Record the progress of the Project. Provide accurate and precise daily inspection
reports. Submit written daily progress reports to the City, including information on
Contractor and the entire Project, showing percentages of completion and the
number and status of change orders.
Keep daily logs containing a record of weather, Contractor's work on the site,
number of workers, work accomplished, problems encountered, and other relevant
data. Make the log available to the City. Prepare and send a Weekly Statement of
Working Days to the Contractor.
Check certified payrolls and monitor Contractor's compliance with labor code
requirements.
Monitor all inspection activities, both City provided and any consulted out
inspections.
Consolidate punch list items indicating work remaining for Project closeout.
Claims
Receive and analyze Notices of Potential Claim and Claims submitted.
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Review Notices and Claims with the Contract to verify understanding and determine
if reasonable solution exists to address and eliminate the Claim. Review
resolutions with the Project Manager and prepare appropriate response.
Perform claims administration, including coordinating and monitoring claims
response preparation, logging claims, and tracking claims status, and response
deadlines.
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
Materials testing and specialty inspection services will be required for construction of the
Project and provided by the Consultant or subconsultant, as directed by the Consultant.
Consultant shall review and monitor testing for compliance with the Project requirements.
The materials testing requirements include, but are not limited to, the following:
Select and retain the professional services of special consultants and certified
testing laboratories. Monitor and coordinate their services.
Provide a quality control service including inspection and testing of all materials,
such as but not limited to, steel strength, concrete strength, gravel gradations, soil
compaction in accordance with the Project plans and specifications.
Task 4 – Surveying
Surveying is anticipated to be performed by Consultant’s Staff as directed by the
Construction Manager. The Construction Manager shall review and monitor surveys to
verify compliance with the Project requirements. The surveying requirements include, but
are not limited to, the following:
Provide construction surveying services per the latest Caltrans “Survey Manual”
and its revisions.
Surveys performed by the Engineer shall conform to the requirements of the Land
Surveyor’s Act. Responsible Charge for the work shall reside with a January 1,
1982 Registered Civil Engineer or a licensed Land Surveyor in the State of
California.
The minimum standard of survey quality shall be that of similar surveys performed
by Caltrans.
The City will designate the existing horizontal and vertical control monuments that
are to be the basis of all surveys. City will provide the California coordinate system
values and elevations of these monuments. The Consultant shall adjust all
Consultant performed surveys to the designated control monuments and their
values.
Monuments established by the Consultant shall be marked by the Consultant with
State furnished disks, plugs, or tags. In addition, the Consultant shall identify
Consultant established monuments by tagging or stamping the monuments with
the license or registration number of the Engineer’s surveyor who is in “responsible
charge” of the work. Replacement of survey monuments shall be the responsibility
of the Consultant. All new monuments shall be set in accordance with current City
and Land Surveyors Act requirements.
Task 5 – Construction Environmental Mitigation and Monitoring
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The Environmental Monitor shall sign off and approve compliance with the approved MMRP
and document implementation of all BMP and on and off-site mitigation measures included
in the Project specifications.
Work Tasks – Provide a scope of services and work tasks necessary for oversight and
compliance with Phase 1B and Phase 2 Mitigation and Monitoring Plan prepared by
Rincon (attachment G1 and G2). See appendix G1 and G2 for full listing of services require
for inclusion in this task of the proposal.
For example, the environmental monitoring requirements include, but are not limited to,
the following:
Consultant shall provide qualified biologists to perform pre-construction surveys.
The pre-construction surveys should also include a photograph record of the pre-
construction condition of the site. Initial field inspections to establish no species
are present (nesting surveys, etc.)
Training of the construction crews on what to look out for (including new crew
orientation). Live training is required for when the job starts to include: foreman,
supervisors, Project managers, and resident engineers. Once this initial training is
completed then Project specific training videos shall be created for small crew
changes.
Air Quality monitoring
Cultural/Archeological monitoring during all Project earthmoving activities
Verify placement of noise related signage
Paleontological monitoring for initial ground disturbance deeper than 10-feet
Task 6 – Post-Construction Services
The post-construction services task includes Project closeout after the work is complete.
The post-construction services requirements include, but are not limited to, the following:
Compile record drawing information, and provide one copy of red-lined Project
drawings to the City.
Compile any outstanding claims and documentation together in a coherent
package.
The design consultant will provide Project changes to original design mylars to
complete the record set.
Final payment will be recommended by Consultant to the City and all remaining
Project files (organized in the manner specified in the Caltrans Construction Manual
or otherwise specified in Project Plans & Specifications) will be transmitted to the
City.
Project Certification and a Notice of Completion shall be provided in consultation
with the City.
All claims shall be processed in accordance with Caltrans 2015 Standard
Specifications Section 5-1.43, Potential Claims and Dispute Resolution.
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APPENDIX B – VICINITY MAP
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APPENDIX C – SAMPLE CONTRACT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
_____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for Structural Engineering Design Services
per Specification No. 90435-CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted
by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Contract Term. The term of this agreement shall be from the date this Agreement is made and
entered, as first written above until all work has been completed.
2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods as may be
agreed upon by the City and the Consultant. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
3. Termination for Cause. If, during the term of the contract, the City determines that the
Consultant is not faithfully abiding by any term or condition contained herein, the City may notify
the Consultant in writing of such defect or failure to perform. This notice must give the
Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Consultant to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Consultant's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice
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of Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Consultant shall be based solely on the City's assessment of the
value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the Project, as may be determined in the City's sole discretion, so as to permit
a full and complete accounting of costs. In no event, however, shall the Consultant be entitled
to receive in excess of the compensation quoted in its proposal.
4. Termination for Convenience. The City also reserves the right to terminate the contract for
convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by
the Director that termination of the contract is in the best interest of the City. Upon termination
notice from the City, Consultant must, unless otherwise directed, cease work and follow the
City’s directions as to work in progress and finished goods. For termination of any services
pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the
services rendered prior to termination.
5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all applicable federal,
state, county, city, and special district laws, ordinances, and regulations.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly
identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved
in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract
shall contain all provisions of this agreement.
7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its contract requirements.
9. Record Retention and Audit. For the purpose of determining compliance with various laws
and regulations as well as performance of the contract, the Consultant and sub-consultants
shall maintain all books, documents, papers, accounting records and other evidence pertaining
to the performance of the contract, including but not limited to the cost of administering the
contract. Materials shall be made available at their respective offices at all reasonable times
during the contract period and for three years from the date of final payment under the contract.
Authorized representatives of the City shall have the option of inspecting and/or auditing all
records. For Federally funded Project s, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
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10. Conflict of Interest. The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract, or any
ensuing City construction Project. The Consultant shall also list current clients who may have
a financial interest in the outcome of this contract, or any ensuing City construction Project
which will follow. The Consultant staff shall provide a Conflict of Interest Statement where
determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—
direct, indirect or otherwise—that would conflict in any manner or degree with the performance
of the work hereunder. The Consultant further covenants that, in the performance of this work,
no sub-consultant or person having such an interest shall be employed. The Consultant
certifies that no one who has or will have any financial interest in performing this work is an
officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder, the Consultant shall at all times be deemed an independent Consultant and
not an agent or employee of the City.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this
contract was not obtained or secured through rebates, kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of the
warranty, the City shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract
that no person or selling agency has been employed, or retained, to solicit or secure this
contract upon an agreement or understanding, for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Consultant for the purpose of securing business. For breach or
violation of this warranty, the City has the right to annul this contract without liability; pay only
for the value of the work actually performed, or in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of
and shall observe and comply with all applicable state and federal laws and county and City of
San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
This includes compliance with prevailing wage rates and their payment in accordance with
California Labor Code. For purposed of this paragraph, “construction” includes work performed
during the design and preconstruction phases of construction, including but not limited to,
inspection and land surveying work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses,
pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s
work. The City will pay all application fees for permits required for the completion of the Project
including building and regulatory permit application fees. Consultant will provide a 10 day notice
for the City to issue a check.
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16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
18. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Consultant's operations, it shall be replaced or restored at the
Consultant's expense. The facilities shall be replaced or restored to a condition as good as
when the Consultant began work.
19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work,
the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may
employ, to engage in discrimination in employment of persons on any basis prohibited by State
or Federal law.
21. Accuracy of Specifications. The specifications for this Project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact.
Consultants are cautioned to undertake an independent analysis of any test results in the
specifications, as City does not guaranty the accuracy of its interpretation of test results
contained in the specifications package. In preparing its proposal, the Consultant and all sub-
consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been
ascertained by examining either the Project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the specifications will be as determined by law,
any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal
submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against
the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that
the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or
sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the proposal.
To the extent that these specifications constitute performance specifications, the City shall not
be liable for costs incurred by the successful Consultant to achieve the Project ’s objective or
standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant
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shall immediately notify the City in writing, and the Consultant and all sub-consultants shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
22. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent
permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and
against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its
obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising
from the sole or active negligence or willful misconduct of the City. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of
Services involve a “construction contract” as that phrase is used in Civil Code Section
2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted
by law (including, but not limited to California Civil Code Sections 2782 and 2782.8),
Consultant shall indemnify, defend, and hold harmless the City, and its elected officials,
officers, employees, volunteers, and agents (“City Indemnitees”), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the
City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims.
(c) Design Professional Services:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold
harmless City and any and all of its officials, employees and agents (“Indemnified
Parties”) from and against any and all claims, losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs, to the extent they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault shall be determined, as applicable, by a court of law,
jury or arbitrator. In the event any loss, liability or damage is incurred by way of
settlement or resolution without a court, jury or arbitrator having made a
determination of the Consultant’s percentage of fault, the Parties agree to mediation
with a neutral third-party to determine the Consultant’s proportionate percentage of
fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
Notwithstanding the foregoing and without diminishing any rights of City in the
preceding paragraph, for any liability, claim, demand, allegation against City arising
out of, related to, or pertaining to any act or omission of Consultant, but which is not
a design professional service, Consultant shall defend, indemnify, and hold harmless
the Indemnified Parties from and against any and all damages, costs, expenses
(including reasonable attorney fees and expert witness fees), judgments,
settlements, and/or arbitration awards, whether for personal or bodily injury, property
damage, or economic injury, and arising out of, related to, any concurrent or
contributory negligence on the part of the City except for the sole or active negligence
of, or willful misconduct of the City.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or
defense obligations. This Section survives completion of the services or the termination of
this contract. The provisions of this Section are not limited by and do not affect the
provisions of this contract relating to insurance.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall be
used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and
signed by the Consultant where required.
26. Required Deliverable Products and Revisions. Deliverables include all items necessary to
provide the work scope outlined in the Request for Proposal, incorporated herein by reference
and attached hereto as Exhibit [X]. City staff will review any documents or materials provided
by the Consultant and, where necessary, the Consultant will respond to staff comments and
make such changes as deemed appropriate.
27. Ownership of Materials. Upon completion of all work under this contract, ownership and title
to all reports, documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the city and no further agreement will be necessary to transfer
ownership to the City. The Consultant shall furnish the City all necessary copies of data needed
to complete the review and approval process.
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It is understood and agreed that all calculations, drawings and specifications, whether in hard
copy or machine readable form, are intended for one-time use in the construction of the Project
for which this contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by
the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities,
or losses arising out of, or connected with any use by City of the Project documentation on other
Project s, except such use as may be authorized in writing by the Consultant.
28. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
29. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required to
furnish in limited quantities as part of the work or services under these specifications, the
Consultant shall provide such additional copies as are requested, and City shall compensate
the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
30. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings
with staff as necessary in performing workscope tasks.
31. Requests for Review. The Consultant shall respond to all requests for submittal review or
contractor RFI’s within two weeks of receipt of the information from the City.
32. Project Proposal Submittal. Upon completion of the Project scoping meeting, the Consultant
shall submit a proposed workscope, compensation and schedule within 10 working days. The
cost proposal shall include all costs including miscellaneous direct cost items.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by
Project work phase or, in the case of on-call contracts, by Project title. Invoice must include a
breakdown of hours billed and miscellaneous charges and any sub-consultant invoices,
similarly broken down, as supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and Consultant
shall receive therefore compensation in a total sum not to exceed the individual agreed upon
Project fee. Should the Consultant’s designs, drawings or specifications contain errors or
deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed
to on a Project by Project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this
agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In
addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost
that have been identified and are attached to this agreement. The Consultant’s personnel shall
be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State
employees under State Department of Personnel Administration rules.
35. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the
City of an original invoice and acceptance by the City of the materials, supplies, equipment or
services provided by the Consultant (Net 30).
36. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising
under this contract that is not disposed of by agreement shall be decided by a committee
consisting of the City’s Project Manager and the City Director of Public Works, who may
consider written or verbal information submitted by the Consultant. Not later than thirty days
after completion of all deliverables necessary to complete the plans, specifications and
estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal
Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not
disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than
30 days after issuance of the final audit report, the Consultant may request a review by the
City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted
in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant
from full and timely performance in accordance with the terms of this contract.
37. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Project s. This
agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs” when Project work is for a federally funded Project. In order to ensure the State
Department of Transportation achieves its federally mandated statewide overall DBE goal, the
City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will make a determination on a Project by Project basis for reasonably
expected DBE participation to compete for the sub-consulting opportunities in this agreement.
The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part
26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on
federally funded Project s, maintain records of DBE usage and complete and submit to the City
the final report of DBE utilization prior to receiving final payment. Records shall show the name
and business address of each DBE and the total dollar amount actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and
administration of US DOT assisted agreements. Failure by the Consultant to carry out these
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requirements is a material breach of this agreement, which may result in the termination of this
agreement or such other remedy as the City deems appropriate.
38. Agreement Parties.
City: Matt Horn
Public Works Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposals Specification No. 90435-CM and
Consultant's proposal dated [DATE], are hereby incorporated in and made a part of this
Agreement and are attached hereto as Exhibit [X]. Should there be any conflict between
terms set forth in the City Request for Proposals Specification No. 90435-CM and
Consultant’s proposal dated [DATE], the terms in this agreement and City Request for
Qualifications Specification No. 90435-CM will govern.
40. Amendments. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Engineer.
41. Working Out of Scope. If, at any time during the Project, the consultant is directed to do work
by persons other than the City Project Manager and the Consultant believes that the work is
outside of the scope of the original contract, the Consultant shall inform the Project Manager
immediately. If the Project Manager and Consultant both agree that the work is outside of the
Project scope and is necessary to the successful completion of the Project, then a fee will be
established for such work based on Consultant's hourly billing rates or a lump sum price agreed
upon between the City and the Consultant. Any extra work performed by Consultant without
prior written approval from the City Project Manager shall be at Consultant's own expense.
42. Complete Agreement. This written agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement,
understanding or representation be binding upon the parties hereto. For and in consideration
of the payments and agreements hereinbefore mentioned to be made and performed by City,
Consultant agrees with City to do everything required by this Agreement, the said specification
and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
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CITY OF SAN LUIS OBISPO: CONSULTANT:
________________________________
Name of Company
_______________________________
Matt Horn, Director of Public Works By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
_______________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
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APPENDIX D – QUALITY ASSURANCE PROGRAM
(Attached as a separate document in BidSync)
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APPENDIX E – CONTRACT DOCUMENTS FOR PHASE 1B OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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APPENDIX F – CONTRACT DOCUMENTS FOR PHASE 2 OF THE CULTURAL ARTS
DISTRICT PARKING STRUCTURE
(Attached as a separate document in BidSync)
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APPENDIX G1 –MITIGATION MONITORING AND REPORTING PROGRAM
APPENDIX G2 – PHASE 1B AND 2 MITIGATION AND MONITORING PLAN
(Attached as a separate document in BidSync)
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APPENDIX H – CURRENT PROJECT DELIVERY SCHEDULE
(Attached as a separate document in BidSync)
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EXHIBIT B
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REQUEST FOR PROPOSALS // CITY PROJECT NO. 90435-CM
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
CULTURAL ARTS DISTRICT PARKING STRUCTURE
September 1, 2022
EXHIBIT BDocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 MARSH STREET, SUITE 150, SAN LUIS OBISPO, CA 93401 | TEL. 805.706.0276 | WWW.KITCHELL.COM
September 1, 2022
Mr. Manuel Guzman, Construction Engineering Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Proposal for Resident Engineer and Construction Management Services, Cultural Arts District Parking Structure, City Project No. 90435-CM
Dear Mr. Guzman and Members of the Selection Committee:
As an experienced construction manager with a solid foundation in general contracting, Kitchell is known for delivering quality projects and providing high value services to our clients. It is with great pleasure that we submit our
proposal to perform resident engineer and construction management services for the New Cultural Arts District Parking Structure project. Our relational project management approach coupled with an extensive record of successful
project delivery will fulfill your expectations and provide you satisfaction with the end result. Our commitment to these goals has resulted in more than eighty-five percent of our work derived from repeat business.
We Have the Right Team
With over 303 project and construction management professionals, we have the capacity, skill and enthusiasm to implement our time-tested project management tools and techniques to achieve project success. Project Director Tully
Wyatt will work with you to ensure your complete satisfaction with our services and deliverables. Resident Engineer Andy Goh will fulfill the Resident Engineer duties and responsibilities as defined by Caltrans. Senior Project
Manager/Assistant Resident Engineer Tom Fee will serve as our on-site representative to the City and will function as an extension of your staff, working integrally with City personnel, design professionals, the contractor, special
consultants and stakeholders to deliver the project on time, under budget and with high quality.
Our proposed project team members have demonstrated a long-term commitment to the pursuit of project excellence, are at the top of their respective professions, and will be dedicated to the task of serving the City through
interactive collaboration, effective oversight of design professionals, contractors, outside agencies and effective management of the project as a whole.
Local Commitment
As a firm invested in the Central Coast for the long term through our established local San Luis Obispo office and widening project base, we understand the local construction market and will serve as a local resource in receiving
responsive bids from qualified contractors. Our long-term commitment to local clients by staff members who understand the issues unique to the Central Coast, provides the City with assurance that we share your desire for success.
Depth of In-house Resources
Unlike most construction management firms, Kitchell has a full complement of in-house engineering and architectural support service professionals consisting of registered architects and licensed engineers in every discipline. In
addition, Kitchell has in-house facilities management, commissioning, estimating and scheduling personnel each skilled and qualified in their respective disciplines. This team of dedicated professionals is equipped to resolve highly
complex technical challenges on a moment’s notice.
Kitchell would consider it an honor to serve the City of San Luis Obispo in carrying out resident engineer and construction management services for the New Cultural Arts District Parking Structure project as a collaborative member of the
City’s team. We appreciate your consideration and look forward to the opportunity to personally demonstrate our qualifications as we progress in the selection process.
Sincerely,
Wendy Cohen, CCM Randy Rominger, LEED AP, Assoc. DBIA
President Principal-in-Charge
(Authorized to bind the firm)
FIRM CONTACT/AUTHORIZED REPRESENTATIVE
Name: Randy Rominger, Principal-in-Charge | Address: 1540 Marsh Street, Suite 150 | San Luis Obispo, CA 93401
tel. 805.706.0276 | email. rrominger@kitchell.com | Kitchell acknowledges and accepts receipt of Addendum #1 dated July 25, 2022.
Randy is the authorized to represent the firm with respect to all notices, negotiations, discussions and other communications relating to
this proposal.
E. Cover Letter
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
F. Firm Qualifications
Industry Leading Expertise
Established in 1950, Kitchell is a 100% employee-owned company dedicated to providing construction
management and general contracting services in the Western United States. Our firm’s innovations in management
and reliability in delivering projects on time and within or under budget have earned us a reputation for superior
performance.
Since Kitchell’s inception, we have completed over $53 billion in public sector construction representing
more 3,600 projects in parking structures, civic centers, education facilities, courthouses, municipal office
buildings, detention and criminal justice centers, healthcare facilities, sports complexes, police/fire stations and
performing/cultural arts centers. Having been in business for 72 years, Kitchell has proven its long-term stability
and financial strength. As a construction management firm, Kitchell is consistently ranked amongst Engineering
News Record’s top construction management firms.
Focusing on the public sector has allowed us to develop management and project control techniques targeted to
its specific needs. Our methods have been very successful—more than 85% of our work comes from repeat
clients. We deliver our services using a variety of delivery strategies including agency and multiple prime CM,
construction management at risk, lease-leaseback, design-build and the traditional design-bid-build.
EXPERIENCE AT A GLANCE
14M SF
OF PARKING PARKING STALLS
45,000
CENTRAL COAST
CONSTRUCTION
$1.7B
CAL POLY SAN LUIS OBISPO, YAK?IT?UT?U RESIDENTIAL COMMUNITY
SAN LUIS OBISPO, CA (COMPLETED 2020)
Construction management services for a $204 million, 562,446 SF project featuring eight structures with four
and five levels above grade. The project featured single, double and quad units totaling 1,475 beds for first year
students and associated parking totaling 154,363 SF and over 450 stalls.
1. Contracting Agency:California Polytechnic State University, San Luis Obispo
2. Contracting Agency PM:Anthony Palazzo, Executive Director
tel. 805.756.6538 | email. arpalazzo@calpoly.edu
3. Contract Amount:$3.9 million
4. Date of Contract:Jan 2013
5. Date of Completion:Jan 2020
6. Consultant PM:Tully Wyatt, Project Manager | tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$165 million (Original Construction) | $172 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
5 yrs
Randy Rominger
PROJECT TEAM:
Tully Wyatt
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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CITY OF CHANDLER,
OREGON STREET PARKING STRUCTURE
CHANDLER, AZ (COMPLETED 2019)
Construction management services for a new $23 million, five-level, 293,000 SF, 932-space parking garage for the
City of Chandler, which includes a road realignment along Oregon Street as well as intersection improvements at
Arizona Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much needed parking
options for those accessing City Hall as well as restaurants and other venues in the bustling area. The structure is
located to the west of City Hall across Arizona Avenue on the northwest corner of Chicago and Oregon streets.
SAN LUIS OBISPO RTA,
BUS MAINTENANCE FACILITY
SAN LUIS OBISPO, CA (COMPLETED 2022)
Construction management services for a new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The facility
accommodates operations, administration and maintenance areas and includes detached enclosures on-site,
including a trash enclosure and canopy over bus parking. Work also includes off-site improvements, specifically the
T-intersection for future Elks Lane realignment.
1. Contracting Agency:City of Chandler
2. Contracting Agency PM:Paul Ahlas, Construction Project Manager - PW & U - Capital Projects
tel. 480.782.3328 | email. paul.ahlas@chandleraz.gov
3. Contract Amount:$1.2 million
4. Date of Contract:June 2018
5. Date of Completion:December 2019
6. Consultant PM:Ralph Schulte
tel. 515.822.8735 | email. rschulte@kitchell.com
7. Consultant RE:None
8. Project Objective:See description above.
9. Project Outcome:$19 million (Original Construction) | $20.8 million (Final Amount)
1. Contracting Agency:San Luis Obispo Regional Transit Authority
2. Contracting Agency PM:Geoff Straw, Executive Director
tel. 805.781.4472 | email. gstraw@slorta.org
3. Contract Amount:$1.6 million
4. Date of Contract:June 2020
5. Date of Completion:February 2022
6. Consultant PM:Tully Wyatt, Project Manager
tel. 805.440.2278 | email. twyatt@kitchell.com
7. Consultant RE:Troy Hart, Resident Engineer | tel. 805.448.8653 | email. thart@kitchell.com
8. Project Objective:See description above.
9. Project Outcome:$16.8 million (Original Construction) | $17.4 million (Final Amount)
PARKING
STRUCTURE
COMPLETED IN
PAST 5 YEARS
COMPLETED IN
PAST 5 YEARS
5 yrs 5 yrs
Andy Goh Randy Rominger
PROJECT TEAM:PROJECT TEAM:
Heather Brown Tully Wyatt Ryan Stefanek
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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Additional Parking Structure Experience
CITY OF SANTA MONICA, PARKING STRUCTURE 6,
SANTA MONICA, CA
A $44.6 million project consisting of demolition and rebuilding of a public parking
structure located directly behind Santa Monica’s largest tourist attraction, the 3rd
Street Promenade. The new structure is 11-stories (eight levels above grade and
three levels subterranean) and contains approximately 750 total spaces. Other
features include 30 electrical vehicle charging stations and infrastructure for future
charging stations, a 90-bicycle bike rack and rooftop solar panels. The structure is
LEED Gold Certified.
SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM,
PARKING GARAGE ANNEX, SALINAS, CA
A new $36 million, 79,700 SF, four-level parking structure serving as an extension
to the existing parking structure. The new garage provides a net increase of 166
parking stalls and includes a basement level with 20,000 SF of office and hospital
support space.
SMUD HEADQUARTERS REHABILITATION & PARKING
STRUCTURE, SACRAMENTO, CA
A $135 million complete renovation of the 120,000 SF office building and 45,000
SF parking garage. The building is divided into three sections: south wing, core
and north wing. The south wing is four levels above grade with a full floor below
grade; the core is five levels above grade and one floor below grade; and the north
wing has three parking levels and a two-story office portion above the parking
garage.
UC SAN DIEGO, NORTH TORREY PINES LIVING AND
LEARNING NEIGHBORHOOD, SAN DIEGO, CA
A new $628 million project consisting of over 1.6 million GSF of student housing,
parking, academic space and retail targeting LEED Platinum certification. The Living
Learning Neighborhood provides approximately 2,000 new beds, resident facilities
and support space for undergraduate students, new instruction and research space
for departments and programs within the Divisions of Social Sciences and Arts and
Humanities as well as general assignment classrooms. Buildings are varied heights
with some individual buildings reaching up to 14 stories. The neighborhood also
includes an underground parking structure with 1,200 spaces.
G. Organization &
Approach
TULLY WYATT, dbia, leed ap
Project Director
CORE TEAM
ANDY GOH, pe
Resident Engineer
TOM FEE
Sr. Project Manager/Assist. Resident Engineer
RYAN STEFANEK
Quality Assurance Manager
MATTHEW HARMS
Project Engineer
SUBCONSULTANTS
CHARLES ZANOLI
Testing & Inspections (Earth Systems)
STEVE WEBSTER, ls
BRIAN HELLWIG
Surveying (RRM Design Group)
COLBY BOGGS
MICHAEL TOM, ms
CASEY CLARK
CHRISTOPHER DURAN, rpa
DUSTIN MERRICK, rpa
JENNIFER DICENZO
Environmental Monitoring (Rincon Consulting)
As-Needed In-House Support Services
RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
HEATHER BROWN, pe, leed ap, cpmp
Engineering & Architectural Services Director
MATT CHAPPELL, eit, cep
Estimating Manager
RICK STASSI
Scheduling Manager
1. Provide an organizational chart identifying the Project manager for the work and each key person who would be
assigned to carry out the work and their respective roles. Resumés should be included for all key individuals as an
appendix.
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Roles & Responsibilities
Our project team has been assembled based on their ability to deliver to the City of San Luis Obispo (SLO) the most
efficient, cost effective and best-suited skills of our professional and support personnel. The ultimate success
of the Cultural Arts District Parking Structure project is heavily dependent upon the experiences of the team. In
developing our project team, staffing continuity is a key element in our approach to managing the project. The
proposed team is proven in its capabilities and understands the complexities of parking structure construction.
Kitchell’s project team is familiar with the local contracting community and has developed strong local contractor
and subcontractor relationships. This maximizes the competitiveness translating to lower bid prices from the other
important team members—the contractor and its subcontractors.
Project Director Tully Wyatt will facilitate communication and decision making at all levels. He
will ensure total team commitment of all resources to achieve the City’s objectives for the project, be
present at key meetings and will be available continuously to the project team and City management
staff. He will conduct risk assessments, participate in issue resolution and perform periodic site reviews
to ensure the City’s objectives for schedule, budget and quality are being achieved.
As a California Registered Civil Engineer, Andy Goh will fulfill the Resident Engineer duties and
responsibilities as defined by Caltrans. He will study and become completely familiar with project
plans, specifications, permits, environmental documents and agreements. He will work with our on-
site team to organize and conduct construction inspections, materials testing and special inspections
and environmental mitigation monitoring. He will review pay quantity calculations and ensure our
team is monitoring the contractor’s compliance with the contract documents.
Senior Project Manager/Assistant Resident Engineer Tom Fee will serve as Kitchell’s full-time
on-site representative to the City of SLO and will function as an extension of your staff, working
integrally with the project team. He will work in close coordination with Andy to fulfill the Resident
Engineer responsibilities and will manage cost and time in accordance with the master project
budget and schedule. He will drive the advancement of project efforts from preconstruction through
completion. Tom will perform preconstruction services and deliverables and will be responsible for the
timely completion of all construction phase deliverables. He will manage and administer contracts,
report progress, interpret documents, conduct progress meetings, manage the progress payment
process, facilitate resolution of field issues, and coordinate project punchlist, completion and turn over.
Tom’s parking structure experience and his understanding of the local construction market will prove
to be valuable assets to the City and the project team.
Quality Assurance Manager Ryan Stefanek will serve on-site full-time during the construction
phase and will develop and implement a project-specific quality assurance program. He will manage
and coordinate submittal compliance, preinstallation meetings, mock-up reviews, inspections, testing,
surveying, environmental mitigation monitoring and SWPPP compliance.
Project Engineer Matthew Harms will serve on-site full-time during the construction phase. He
will be responsible for the preparation and processing of project-related documentation including
requests for information, submittals, design supplements, and project closeout documentation. He
will maintain Kitchell’s project information system.
As-Needed In-House Support Services
Principal-in-Charge Randy Rominger will be responsible for ensuring client satisfaction with our
team’s services, personnel, quality and contractual obligations.
Estimating Manager Matt Chappel will lead our estimating team to validate project cost in
accordance with the established project budget, lead estimating efforts that may be requested of
Kitchell, participate in bid analysis and review contractor proposed change quotations.
Engineering and Architectural Services Manager Heather Brown will lead our team’s
registered architects and licensed engineers to provide engineering support services as needed
throughout the course of the project.
Scheduling Manager Rick Stassi will lead our scheduling team to provide scheduling support to the
project team assisting in the development and maintenance of the Resident Engineer’s schedule. He
will also assist the project team with in-depth review and analysis of contractor submitted schedules,
monthly updates and delay fragnets.
Subconsultants
Charles Zanoli with Earth Systems will perform code compliance inspections as well as materials
testing and special inspections as described in Task 3 of the RFP. Charles will also support applicable
portions of Task 2.
Steve Webster and Brian Hellwig with RRM Design Group will perform surveying as described
in the RFP, Task 4.
Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick and Jennifer
DiCenzo of Rincon Consulting will perform construction environmental mitigation and monitoring
as described in the RFP, Task 5.
Our proposed construction management team is 100% dedicated to your success from conception through
completion. We will support the City of San Luis Obispo to ensure your Cultural Arts District Parking Structure
project moves forward smoothly through closeout. Our team’s commitment goes beyond the job—they
strive to see success in the community where they live and work.
100 %
Dedicated to the success of your Cultural Arts
District Parking Structure
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 6
Project & Management Approach
Our approach to project management and the use of proper
documentation from our project management information
system, developed and proven over time, provides our team
with the information necessary to keep the Phase 1B and
Phase 2 projects within the established parameters for budget,
schedule and quality.
Kitchell will act as liaison with the City, design professionals
and other consultants to facilitate and coordinate the
execution of construction contracts, construction coordination and overall project management. We will act as the
City’s representative, advising and consulting with the City and the design professional.
We will monitor the work of contractors for deficiencies in the work and conduct a quality assurance program in
cooperation with the design professionals and City quality assurance personnel. Earth Systems, our materials
testing subconsultant will be carefully scheduled and monitored. We will notify the contractors and City Staff
of deficiencies and follow through to ensure corrections are made in a timely manner. Informal ongoing punch
lists will be generated to correct deficiencies as the projects proceed instead of waiting until the conclusion of the
project to resolve quality issues in a timely manner.
We will administer and coordinate the contracts, paying special attention to cost, contractor performance and
quality. Through on-site coordination, regular progress meetings, thorough documentation and consistent
schedule updates, we will ensure construction is completed on schedule, within budget and within the prescribed
expectations of quality.
Upon commencing services, our team develops several project management tools to facilitate complete and
efficient delivery of services. These documents include a responsibility matrix, deliverables checklist, master
schedule, cost control report, quality assurance (QA) plan and risk assessment. The responsibility matrix includes
both external (among the entire project team) and internal (among the Kitchell team) responsibilities to bring
clarity to assignments.
Our Project Director Tully Wyatt attends progress meetings monthly (more often as the needs dictate)
and conducts an on-site quality assurance assessment with the on-site team. The on-site team develops and
implements a QA mitigation plan for the identified QA deficiencies.
Tully conducts project health assessments with the on-site team on a quarterly basis. The project health
assessment includes a risk assessment, review of the deliverables checklist, review of the project schedule, review
of the cost control plan and review of the QA plan. The on-site team develops and implements a mitigation plan
following each quarterly health assessment.
2. Describe your Project and management approach. Provide a detailed description of how the team and scope of
work will be managed.
3. A list of no more than three references for the consultant and no more than three references for each
subconsultants including a listing of the specific Projects and key individuals that have participated in them. Include
the dollar amount related to the participation. Identify how much experience each firm has had with public agencies.
Public Agency 1:San Luis Obispo Regional Transit Authority | Geoff Straw, Executive Director
Address/tel.:253 Elks Lane | San Luis Obispo, CA 93401 | tel. 805.541.2228 ext. 4465
Project/Amount:Bus Maintenance Facility ($17.5 million)
Staff:Randy Rominger, Tully Wyatt and Ryan Stefanek
Public Agency 1:County of San Luis Obispo, Department of Airports | Craig Piper, Deputy Director
Address/tel.:903 Airport Drive, Suite 5 | San Luis Obispo, CA 93401 | tel. 805.781.5205
Project/Amount:San Luis Obispo County Regional Airport Passenger Terminal ($39.5 million)
Staff:Charles Zanoli
Public Agency 2:Cal Poly San Luis Obispo | Anthony Palazzo, Executive Director
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.6538
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Randy Rominger and Tully Wyatt
References
Don’t take our word for it...Our clients are our strongest advocates!
Our firm’s success is a reflection of the abilities of our staff and Kitchell as a whole. Below are references for which
Kitchell has provided construction management services for their large public works capital improvement projects.
In addition, we have included two references for each of our subconsultants. We encourage you to contact each of
the references to the quality of our work and satisfaction with our services.
Public Agency 2:Cal Poly San Luis Obispo | Howie Conroy, Construction Inspector
Address/tel.:1 Grand Avenue | San Luis Obispo, CA 93407 | tel. 805.756.2173
Project/Amount:yak?it?ut?u Residential Community ($204 million)
Staff:Charles Zanoli
Public Agency 3:County of San Luis Obispo | Robert Ruiz, Program Manager
Address/tel.:1087 Santa Rosa Street | San Luis Obispo, CA 93408 | tel. 805.788.2114
Project/Amount:New Animal Shelter ($20.3 million) | Probation Department Building ($16 million)
Staff:New Animal Shelter: Randy Rominger and Tully Wyatt | Probation Dept. Bldg: Randy Rominger
Kitchell
Earth Systems
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Public Agency 1:City of San Luis Obispo | Robert Hill, Sustainability & Natural Resources Official
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7211
Project/Amount:Cerro San Luis Natural Reserve Initial Study/Negative Declaration (dollar amount N/A)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Public Agency 1:City of San Luis Obispo | Hal Hannula, Supervising Civil Engineer
Address/tel.:919 Palm Street | San Luis Obispo, CA 93401 | tel. 805.781.7201
Project/Amount:Police Station ($300,525), Public Safety Dispatch Center ($611,711), Jennifer Street Bridge ($38,600)
Staff:Steve Webster and Brian Hellwig
Public Agency 2:County of Santa Barbara | Travis Seawards, Deputy Director
Address/tel.:123 East Anapamu Street | Santa Barbara, CA 93101 | tel. 805.568.2518
Project/Amount:Arctic Cold Project EIR Planning & Environmental Services ($280,220)
Staff:Colby Boggs, Michael Tom, Casey Clark, Christopher Duran, Dustin Merrick & Jennifer DiCenzo
Budgeting at California Polytechnic State University,
San Luis Obispo, yak?it?ut?u Residential Community
Kitchell was vested in maintaining the project budget at the yak?it?ut?u Residential Community. Aside
from providing complete reviews of each contractor initiated change order request, we also tapped into our
Estimating Department to review potential large scale changes to the project’s parking structure facility.
In addition, we met bi-weekly with the Owner to review all approved, pending and potential changes to
the project relative to the project contingency. These efforts at cost control and of continual budget review
afforded the University the opportunities to provide additional facilities to the project (added a 2nd story to
the administrative building), provide additional redundancies to vital systems like the lift station, emergency
systems, and add critical infrastructure pieces to the campus electrical system (manholes, splice boxes). The
combined team effort kept the project moving forward while managing these changes within the project
budget.
Public Agency 2:Lucia Mar Unified School District | Bryan Hagwood, Sr. Bond Project Manager
Address/tel.:222 Stanley Avenue | Arroyo Grande, CA 93420 | tel. 805.474.3000
Project/Amount:Shell Beach ES Parking Lot ($225,270), Arroyo Grande HS Track ($7,000), Oceano ES ($91,280)
Staff:Steve Webster and Brian Hellwig
Public Agency Experience
Kitchell brings more than 72 years of experience working with public agencies representing over $53 billion
in construction encompassing over 3,600 projects. Focusing on the public sector has allowed us to develop
management and project control techniques targeted to its specific needs.
Earth Systems brings over 50 years of experience in the public sector. With an office in San Luis Obispo, Earth
Systems brings extensive background in materials testing and special inspection, with a staff of over 20 highly
qualified technicians and inspectors. They have worked with many jurisdictions throughout San Luis Obispo and Santa
Barbara Counties including City of San Luis Obispo, City of Pismo Beach and City of Grover Beach to name a few.
RRM Design Group brings more than 45 years of experience working with public agencies. Their work culture
emphasizes collaboration, frequent communication and accessibility. Focusing on the public sector has allowed them
to work with many clients in the Central Coast including the City and County of San Luis Obispo, City of Grover Beach,
City of Paso Robles, City of San Mateo, City of Santa Barbara, City of Cloverdale and City of Ukiah to name a few.
Rincon Consulting brings more than 26 years of experience working with public agencies including the City and
County of San Luis Obispo, Santa Barbara County, City of Paso Robles and City of Santa Maria to name a few.
4. Describe your cost control and budgeting methodology for this Project.
Budget Management
One of our initial efforts will be to work with the City to understand/refine the budget, including identification of
all cost components with reasonable budget assumptions to use until actual costs are accrued. We establish and
maintain a cost control system in Procore to track all costs associated with the project against the established
budget. As the project progresses, projected costs will be entered into the model, providing a real time assessment
as to the status against budget.
We often perform detailed estimates and reconcile to the design professional’s estimates, which provides an
unbiased professional opinion of probable construction costs. Construction costs along with project soft costs are
updated to reflect the latest information and tracked continuously against the established budget. We provide
recommendations on construction feasibility, availability of materials and labor, time requirements for installation
and construction, and factors related to cost including costs of alternative designs or materials, preliminary budgets
and possible economies. If it appears the project construction budget will not be met, we offer alternatives and
solutions to bring costs back in line.
Rincon Consulting
RRM Design Group
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5. Provide responses to the following:
We studied the documents published with the RFP and identified several potential critical construction and environmental issues, identified below with our proposed solutions for:
Construction Related Issues Proposed Solution
Local traffic surges every morning and
afternoon (Mission Prep High and Old Mission
Middle School) off Palm Street and adjacent
streets, for student drop off and pick up.
Establish access/egress restrictions, delivery moratoriums,
work hours, etc. in the contract documents.
Higuera Street and Marsh Street are natural
traffic arteries for construction materials
deliveries. During the deck pours, concrete
trucks stack up to continuously pour concrete.
Both streets contain critical commercial and
retail outlets.
Plan all deck pours and concrete truck staging either on-site
(off streets) or remote with radio notification for minimal
disruptions. If any businesses could be affected by steady
traffic, discuss with City to review specific activities with
affected business.
Post-tensioned (PT) concrete placement quality
control is exacting and unforgiving.
Create stringent protocols for concrete placement, finishing,
flatness, curing and sealants. Individuals (person) finishing
concrete (swirl) may influence finish variation due to
handling of trowel, pressure, etc. Ensure same finishing team
is committed start to finish. Note that after placement, PT
concrete cannot be readily repaired/ground for finish issues
due to finish and cables, etc.
Proper coordination for all PT slab systems
including MEP, fire protection, ceiling inserts,
bollard embeds, railings, bent U embeds,
bolted wheel stops, etc.
Perform thorough clash detection using Building Information
Modeling (BIM) for all systems in or supported by PT decks
to ensure there are no overhead clearance issues or in slab
conflicts requiring retrofit. (No post install drilling allowed).
Any structural changes requiring cutting or
drilling into finished PT concrete.
Resolve all identified constructability issues prior to bidding
to mitigate cutting or drilling later. Any cutting or drilling PT
concrete requires X-Ray cable locating and mapping, etc.
This parking plan is essentially open building.
Consider drainage and watertightness.
When performing constructability reviews, check all decks
for positive drainage including covered areas susceptible to
wind driven water intrusion in all areas of the vehicle and
pedestrian egress.
Contractor use of tower crane for construction
delivery.
In bidding instruction include recommendations for tower
crane placement (if used). Then have engineer revise
structural plan to accommodate tower crane option.
Parking structure fire separation/rating at the
adjacent residential buildings.
Review any portion of non-rated parking structure juxtaposed
to the adjacent residential buildings for space separation and/
or rated wall conditions required.
b) Describe critical environmental issues and how you will address these.a) Describe critical construction related issues associated with the Project and how you will address these.
Environmental Issues Proposed Solution
Storm water runoff in direct proximity to San
Luis and Brizziolani creek beds
Prioritize the SWPPP plan including ample retention
basin/s. Monitor plan so it is constantly maintained. Provide
effective track out plates to remove on-site soils and other
contaminates from vehicles. This particular location is critical
for all storm water to be properly contained and handled.
Possible high ground water table/underground
stream effect on over excavation, foundations,
elevator pit, and shored wall on east side.
Verify the geotech engineer has reviewed and coordinated
with structural engineer. Also review seasonal water table
heights with mitigation plans for these soil conditions, etc.
Elevators: Plan elevator design, pits, etc. in relation to high
water table and/or possible hydrostatic pressure seasonally.
Plan any water stop rings, sump pit, and hydraulic cements,
etc. to prevent ground water from penetrating the elevator pit
from below.
Potential tree drip and root damage at property
line.
Have arborist inspect trees at property line (on private property)
for potential issues due to construction, that may require special
protection, or removal and replacement.
Potential for excessive noise levels due to
construction activities.
Check equipment noise dBs at adjacent buildings with
mitigation options such as temporary sound walls, etc. Specify
noise mitigation requirements in the contract documents
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c) Describe how cost and schedule for the construction contract and your scope of work could be minimized.
Cost & Schedule for the Construction
Contract
Construction cost and schedule can be minimized in a variety of ways. We analyzed the documents and have some
suggestions, categorized as incentives, risk assignment and value analysis:
Incentives: We assessed the Phase 1B and Phase 2 schedule durations and do not recommend they be reduced in
the bid documents; however, schedule compression can be achieved through early delivery incentives and/or the
use of bid alternates for reduced construction duration.
Risk Assignment: As a rule, contractors don’t assume risk—they price it. Our risk assessment includes
assignment of risk the contractor may consider to be onerous, or inappropriately assigned to them and thereby
assign a premium to managing the risk item. An example is permanent shoring. Permanent shoring is shown on
the east side property line on the Phase 1B Plan. The documents instruct the contractor to design all permanent
shoring. There are two private structures on the zero-lot-line directly adjacent to the shoring. The contractor
is to insure the permanent shoring design covers any additional foundation surcharge, etc. for zero deflection.
Prospective bidders would likely consider this an onerous assignment of risk and charge a premium. We suggest
the design professional design the permanent shoring or an allowance be established in the bid documents for
permanent shoring design.
Value Analysis: We identified a number of ideas the City may want to consider in realizing some time and/or cost
savings. A few examples include:
`Precast stair treads in lieu of poured in place. The cost of precast elements fluctuate; however, even if they’re
higher in material cost, time and cost savings can be realized through faster installations and reduced labor.
`The quantity of EV charging stations can be phased to meet the demand. We recommend installing the
infrastructure for the charging stations but adding the equipment in phases to meet demand. This has the
added benefit of taking advantage of future improvements in this emerging technology.
`The copper dome details include specific details for copper dome construction, radius, materials, spire,
waterproofing, roof gutter, etc. The City may want to consider a prefabricated unit. This could result in time
and cost savings.
Optimized Staffing Plan
Our scope of work and resulting fees can be minimized through an optimized staffing plan, task assignment
evaluation and reduced construction duration:
Optimized Staffing Plan: We assembled our proposed staffing plan to deliver the highest qualified
team at the best value. We accomplished this by assigning Resident Engineer Andy Goh on a part time
basis working in close coordination with Assistant Resident Engineer Tom Fee. Through this strategy,
the City receives the benefit of Andy’s expertise whenever needed without incurring the cost of a full-
time team member.
Task Assignment Evaluation: We assembled a team of in-house employees and subconsultants
to perform all the tasks described in the RFP. We recommend primary responsibility for surveying be
transferred to the contractor. This will appropriately place liability for survey errors on the contractor for
remedy. We also recommend the City use in-house code compliance inspectors if this function can be
performed by the City at lower cost.
Reduced Construction Duration: Any schedule reductions achieved through the above measures
could result in reduced duration of CM-RE services and result in fee savings as long as added staffing
would not be required for added shifts or acceleration.
During preconstruction, the Kitchell team assisted with re-scoping the project to bring the project in budget and
developed a delivery plan including multiple bid packages and phasing to optimize the construction schedule.
During construction, the Kitchell team provided day-to-day leadership throughout construction including cost,
schedule and quality components of the project.
The Kitchell team approached every day with the same enthusiasm, modifying plans as necessary to keep the
project moving. They effectively communicated and coordinated with all involved in the project including the
building department and other agencies having jurisdiction, the design team and contractors. We are grateful
to have such capable staff on the project and would like to take this opportunity to recognize their dedication.
-Andy Newman, Deputy Director, Butte County Association of Governments
Butte Regional Transit Operations Center (BRTOC)
Kitchell was a key partner in the successful delivery of the County of San Luis Obispo’s Animal Services Facility
project. The first design-build project for the County. Kitchell provided preconstruction guidance on the $20.3M
project and then was the day-to-day Construction Manager during construction. Kitchell’s staff was competent,
professional and a pleasure to work with.
- Robert Ruiz, Manager Project Delivery Division, County of San Luis Obispo
““
““
Client Testimonials
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H. Scope of Work This section should establish that the proposer understands the City’s objectives and requirements, demonstrate
the proposer’s ability to meet those requirements and outline clearly and concisely the plan for accomplishing
the specified work in accordance with the time schedule as outlined in Appendix A, Scope of Services:
A Plan for Accomplishing
the Specified Work
We have thoroughly reviewed the Scope of Services contained in Appendix
A of the RFP in conjunction with the contract documents, quality assurance
plan, mitigation and monitoring plan, and project delivery schedule
accompanying the RFP. Through this review and our periodic discussions
with City personnel prior to issuance of the RFP, we have developed an
understanding of the City’s objectives for the Cultural Arts District Parking
Structure project. The succeeding paragraphs describe our plan for
accomplishing the scope of work within the prescribed schedule.
Scope of Services Statement
We will perform the scope of services defined in Appendix A of the RFP,
which includes: performing the duties of the Resident Engineer as defined
by Caltrans, assist with bid evaluation, review available project documents,
prepare and maintain the Resident Engineer’s project schedule, develop
project procedures in collaboration with the City, establish and maintain
the project management information/document control system, establish
a dispute resolution process, provide project administration, coordination
& communications, monitor/evaluate the contractor’s schedule, conduct
progress meetings, issue progress reports, evaluate payment requests,
manage the submittal and RFI processes, manage/mitigate change orders,
conduct construction observations/inspections, evaluate & negotiate
claims, perform materials testing & specialty inspections, perform
surveying, perform construction environmental mitigation & monitoring,
and manage project completion & closeout
City Staff Participation
We often use a responsibility matrix to clarify team participation
requirements in granular detail. Our need for City staff participation
generally boils down to providing project information and documentation,
a designated representative who can render timely decisions, access to City
personnel who have the authority to authorize contract modifications, and
liaison with City departments and other local authorities involved in the
project.
Workplan
Task 1: Preconstruction Services
Upon commencing preconstruction phase services, Resident Engineer
Andy Goh and Assistant Resident Engineer Tom Fee will perform an
immersive study of all available project documents to become intimately
familiar the available project information. They will use this base of
information to build and implement a strategy to ensure successful delivery
of the project, described in greater detail herein.
Construction Management Plan
Upon commencing services, we will work with the City to develop the
construction management plan. This effort will serve as the project team’s
primary point of reference and will establish the framework for project
execution. The construction management plan will include the following:
`Communications protocols, progress reporting requirements, roles and
responsibilities, and project procedures to establish clarity on how the
City, designer, contractor and Kitchell interact as a team and administer
and coordinate the work of the project.
`Master Budget and Master Schedule: Kitchell will evaluate the City’s
current schedule, budget, and design to establish time and cost
expectations. From this evaluation, Kitchell will develop a master
budget and master schedule to track progress and develop strategies
to remain on schedule and within budget.
`Project Logistics Plan to identify and resolve project logistical
challenges such as ensuring undisrupted activity to the surrounding
community, access/egress issues, noise mitigation measures, staging
operations, and many other logistical challenges.
TASK
TASK
TASK
TASK
TASK
TASK
1
2
3
4
5
6
Preconstruction Services
Construction Services
Geotech. & Materials Testing
& Special Inspections
Surveying
Construction Environmental
Mitigation & Monitoring
Post Construction Deliverables
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`General Conditions and Bid Forms/Procedures to convey clear scope of
work and concise bidding/contract execution procedures to the bidding
community and provide ample project administrative control.
`Quality Assurance Plan to establish a clearly defined process for
achieving the City’s quality objectives.
The construction management plan is an evolving document and will be
updated continually throughout the project. Many of these elements are
explained in greater detail in relevant sections of our proposal.
Resident Engineer’s Master Project
Schedule
We will develop and maintain the overall Critical Path Method (CPM)
Resident Engineer’s master project schedule with milestones. Our project
schedules provide information in a concise, clear, and effective format. The
schedule will incorporate all remaining preconstruction and construction
activities. In the process, we will evaluate and propose alternatives for
project logistics, phasing and sequencing. We will advise the project team
regarding factors including long-lead materials procurement, rapidly
changing materials prices, weather, overall schedule requirements,
favorable/unfavorable bidder climate and regulatory requirements.
The project team will determine the pertinent factors. They will then
be compiled, evaluated, and reduced to a set of recommendations for
incorporation.
Quality Assurance Plan
Kitchell has a standard Quality Assurance (QA) program, which will serve
as a vital tool in developing a project-specific QA plan and facilitating the
contractor’s implementation of their Quality Control (QC) plan. We will
take a proactive approach to quality assurance to see that project receives
the best project quality for its investment. Primary aspects of Kitchell’s QA
program include:
`Conducting design and constructability reviews to improve buildability
and help eliminate potential change orders
`Establishing clear QA/QC processes and procedures including
inspections, materials testing & special inspections; as well as delivered
materials verification against approved submittals.
`Participating in pre-installation meetings prior to each construction
operation to ensure proper installations and applications without
costly rework.
`Requiring mock-ups of important building components and finishes to
ensure that the specified quality expectations will be met.
Bid Administration
Successful administration of the bid phases will result in a project that
meets the City’s goals for receiving responsive and responsible bid
proposals from prospective qualified bidders. Kitchell performs a variety of
services in administering and assisting in the contractor selection process.
Our bid phase services often include:
`Extensive bidder solicitation to generate a competitive bidding
environment
`Conducting pre-bid conferences to clarify bidding requirements and
provide bidders with a venue to conduct their pre-bid investigations
`Developing methods for tracking, responding to, and expediting
questions received prior to receipt of bids
`Reviewing addenda and advising the team of time, cost or
constructability impacts
`Assisting in assembling construction documents, bid documents,
general conditions, addenda and distribution to all prospective bidders
`Reviewing and analyzing bids and making recommendations to the
owner for contract awards
`Assist and coordinate the resolution of bid protests
`Post-bid meetings and analysis of bid alternates
`Assist with contract development, award, and formal issuance of
Notice to Proceed
Task 2: Construction Services
Project Coordination & Communication
Conveying clearly defined communications are paramount to project success.
Kitchell will organize and establish effective communication among the
project team members. We will ensure that responsibilities for completing
tasks are assigned to appropriate team members, they are understood by all,
and are tracked throughout the design and construction process.
Written communications are date stamped, logged, and tracked for
responses. Our project personnel are trained in Procore online data control
system for generating and/or tracking communications, costs, requests for
information, submittals, daily logs, drawings, and other project documents.
We are also flexible in adapting to other project administration systems as
dictated by City and project demands.
Logs are distributed for all outstanding items. These logs are reviewed,
prioritized, and correspondence is produced from Procore for all due and
delinquent items. This enables the team to proactively address and resolve
issues without experiencing the consequences of delayed response.
Schedule Management
Careful monitoring and regular reporting of activities against the
contractor’s schedule will provide early information about overall progress.
We will follow up on potential delay issues through active communication
with City staff and the project team. We will continually review and
monitor progress of the work against the scheduled milestones, and
provide recommendations necessary to prevent, minimize, or recover from
delays.
The accepted critical path schedule will become the baseline upon which
we measure progress, as well as record an accurate history of how the
project is built through consistent schedule updates. We will use the weekly
on-site project construction meetings as a forum to discuss the status of the
schedule with the contractor. We will continuously monitor the schedule
and enforce the provisions of the contract documents regarding scheduled
progress. We will also enforce the provisions of the specifications regarding
scheduled progress of the project. We have developed specific language
used extensively in contract documents requiring the contractor to follow
rigid specifications in the development and maintenance of a CPM schedule
that is dollar and manpower loaded.
In the event that a contractor submits a delay claim, the contractor must
provide justification substantiating that an actual delay to the work
occurred. Additionally, the contractor must provide a schedule analysis
showing that the delay affected work activities critical to scheduled project
completion. Finally, the contractor must substantiate the number of delay
days claimed. The contractor’s documentation to substantiate the claim is
then reviewed and analyzed, and entitlement, if any, is determined.
PRECONSTRUCTION DELIVERABLES:
–Resident Engineer’s master
project schedule
–Project Procedures
–Quality Assurance plan
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Progress Meetings
We consider meetings an effective means of collaborating on ideas,
resolving issues, building relationships, and reporting information in
a relational environment. Subject matter for construction progress
meetings will include the coordination and implementation of design
elements, identification and resolution of issues, schedule coordination and
compliance, tracking and management of RFIs, submittals, change orders,
payment applications, and general coordination of testing and inspections.
To memorialize important statements made and actions required, concise,
accurate meeting minutes issued in a timely manner are just as important
as the meetings themselves. We adhere to Kitchell’s 48-hour turnaround
policy on issuing meeting minutes.
Progress Reports
Progress reports provide a snapshot of project status. We will generate
reports electronically to summarize project activities, report schedule and
budget status, address current project issues and forecast future activities.
Photographs showing project progress are included along with applicable
logs and other pertinent information.
Payment
Kitchell, in consultation with the design professional and the City, will
implement a standard procedure for the review, processing, and payment
of the contractor payment applications as well as invoices applicable
to the project budget. This procedure will facilitate timely, accurate
and appropriate payments, thereby limiting the City’s exposure to
overpayments or interest fees.
Submittals
Kitchell’s submittal activities begin weeks before the contractor begins
work. To ensure that the contractor fulfills the specified submittal
requirements, we comb the specifications for any required submittals
and enter them into our project administration software. This enables us
to work from a submittal schedule tied to individualized submittal due
dates. Once the contractor transmits submittals for approval, submittal
status transitions from “scheduled” to “logged” by simply entering actual
receipt dates to the pre-entered submittal information. We utilize our
computerized submittal schedules and submittal logs to mitigate delays
due to delinquent contractor submittals or consultant reviews.
Requests for Information
During construction, prompt resolution of the contractor’s requests for
information (RFIs) will help mitigate change orders. For this reason, we
have implemented an efficient RFI processing and monitoring system
through our project administration software. We have also developed
specification language to reduce erroneous RFIs.
We will use the RFI Log to track requests for information including
important receipt and response dates and ball-in-court status. Most
importantly, the RFI Log prioritizes when a response is required to
be submitted to the contractor. This will help mitigate delays due to
delinquent RFI responses. The RFI Log is updated weekly and is distributed
to all team members during the weekly meetings.
Change Orders
Our change order mitigation process will include a thorough evaluation
of each change order request against the contract documents for validity.
Valid change order requests will be systematically reviewed for onerous or
excessive cost items.
Kitchell, in conjunction with the City and the design professional, will
develop and follow specific procedures for resolving change order disputes.
The team will maintain emphasis on critical issues and ensure that all
appropriate team members are informed of the proposed changes and the
impact on cost and time immediately when the issues arise.
Construction Observation/Inspection
Our construction management personnel are well equipped to conduct
field inspection support, oversight, and quality assurance. We have assisted
in selecting, coordinating and administering over $300 million of special
consultant contracts. This experience will be very useful in administering
and coordinating the work of building inspectors, testing and inspection
personnel, mitigation monitoring personnel and others as required by the
City.
We will conduct field observations and generate daily reports. Our project
team will collect and report daily project information to develop a written
history of the project. Information included in our daily reports includes
activities performed, important events of the day, visitors, materials
received, crew size, weather data, and issues to resolve. This collection
of daily reports document daily construction events forming an as-built
history of construction schedule implementation.
Dispute Resolution/Claims
We have found that unresolved disputes diminish in an environment of
partnership. We recommend implementation of a dispute resolution ladder
to enable issues to be escalated from the field to progressive levels of the
project hierarchy enabling issues to be resolved without becoming stymied
in conflict and indecision.
SCHEDULE MANAGEMENT
CITY OF SANTA MONICA, PARKING STRUCTURE 6
Kitchell was responsible for setting and maintaining the project
schedule. Several factors had to be considered for establishing
this schedule. First and foremost was how to facilitate a major
construction project in a high-traffic downtown area. Second was the
timing for delivery of materials – how it would affect neighboring
businesses and residents, safety precautions to accommodate
pedestrian traffic, etc. Kitchell met with the entire project team each
week to monitor schedule issues, make adjustments as needed and
report progress updates and changes to the client.
With the demolition, however, there were a lot of unforeseen issues
that affected the schedule early on. Once the existing structure was
demolished and site excavation had begun, the general contractor
discovered underground storage tanks and hazardous materials that
required remediation. The additional work to remove the tanks and
hazardous materials caused about a four-week delay. Despite these
early challenges with unforeseen conditions during demolition and
the need to bring in a new electrical connection, the project was
delivered and operational on time.
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In the event parties disagree over design intent, unforeseen changes, utility
conflicts, schedule delays and other issues, and agreement isn’t reached
through dialogue, Kitchell will implement a dispute resolution process
involving an objective analysis of merit and entitlement. Kitchell will meet
with the City to recommend a solution then attempt settlement with the
involved parties. If settlement negotiations are unsuccessful, Kitchell will
recommend the matter be resolved through a formal dispute resolution
process outlined in applicable contracts.
Having a wide range of subject-matter experts, construction and
engineering professionals, we will be able to review, assess and
recommend action on additional cost matters, and scope entitlement or
denials. Lastly, we can identify if contractor costs are appropriate based
on our database of cost estimates developed for multiple projects in the
region.
TASK 3: GEOTECHNICAL &
MATERIALS TESTING & SPECIALTY
INSPECTION
Earth Systems will perform the materials testing and specialty inspection
scope of services described in the RFP.
TASK 4: SURVEYING
RRM will perform the survey scope of services as defined in the latest
version of the Caltrans Survey Manual.
TASK 5: CONSTRUCTION
ENVIRONMENTAL MITIGATION &
MONITORING
Rincon will perform the environmental mitigation and monitoring
scope as defined in the RFP including providing qualified biologist(s), air
quality monitoring, cultural/archaeological monitoring, paleontological
monitoring, and placing noise mitigation signage.
TASK 6: POST-CONSTRUCTION
SERVICES
We will review the front-end documents to ensure they clearly reflect the
City’s expectations for contract closeout and warranty issue response. We
will also develop procedures that define each team member’s roles and
responsibilities during the start-up, closeout and warranty phases.
Kitchell will participate in walk-through inspections. From these
inspections, a punch list of remaining items to be addressed will be
generated. We will work with the City to verify that these items are
corrected before moving on to final completion.
Kitchell will assist in determining final completion and scheduling final
inspection. We will manage submittal of required closeout documents
including warranties, guarantees, affidavits, releases, bonds, and waivers,
as well as coordinate delivery of all keys, manuals and maintenance stock.
We will work with the City to secure as-built drawings, records, logs,
photographs, change orders and shop drawings as required by the contract
documents.
CONSTRUCTION DELIVERABLES:
–Project documentation via
electronic uploads
–Meeting minutes
–Reports: Daily Observation,
Inspection, Monthly
Progress
–Logs
–Schedule reviews
–Review/Recommendations:
Changes, Claims, Payment
Applications
MATERIALS TESTING & SPECIALTY
INSPECTION DELIVERABLES:
–Materials testing and specialty inspection reports
SURVEYING DELIVERABLES:
–Survey records
POST-CONSTRUCTION DELIVERABLES:
–Red-lined project as-built drawings
–Compilation of outstanding claims and other financial closeout
documentation
ENVIRONMENTAL MITIGATION &
MONITORING DELIVERABLES:
–Environmental mitigation and monitoring reports
Three-Step Claim Analysis Process
Merit Evaluation:
Performed to determine
the legal basis of the claim,
if any.
Settlement Negotiations:
Conducted with the
contractor.
Entitlement Analysis: If the
claim has merit, an entitlement
analysis is performed to
determine time and monetary
entitlement.
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Contract Agreement Indicate any issues or proposed changes to the sample contract included as Appendix C. The Consultant must
provide a brief statement affirming that the proposal terms will remain in effect for one hundred twenty (120)
days following the date proposal submittals are due.
Kitchell has reviewed the sample contract in Appendix C of the RFP, and has identified the following exceptions. We
request the following redlined changes to the indemnity provisions:
22. Hold Harmless and Indemnification.
`(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but
not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of to the extent caused by the
Consultant’s negligent performance or Consultant’s negligent failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole or active negligence or willful misconduct of the City.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees and pay their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
`(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction
contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph
A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782
and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation
(“claims”), arising out of to the extent caused by the Consultant’s negligent performance or Consultant’s
negligent failure to perform its obligations under this Agreement or out of the operations conducted by
Consultant, including the City’s active or passive negligence, except for such loss or damage arising from
the sole or active negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this
Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse
the City Indemnitees and pay their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
`(c) Design Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend,
and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from
and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and
costs, to the extent they are caused by arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense
costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any
loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having
made a determination of the Consultant’s percentage of fault, the Parties agree to mediation with a neutral
third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the
amount of indemnity and defense cost reimbursement owed to the City. Notwithstanding the foregoing and
without diminishing any rights of City in the preceding paragraph, for any liability, claim, demand, allegation
against City caused by a negligent arising out of, related to, or pertaining to any act or omission of Consultant,
but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless the
Indemnified Parties from and against any and all damages, costs, expenses (including reasonable attorney fees
and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily
injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory
negligence on the part of the City except for the sole or active negligence of, or willful misconduct of the City.
In addition, we request the non-applicable indemnifications provisions be struck. We believe paragraphs (a) and (c)
should be struck.
In our opinion, the dispute resolution provisions in Article 36 are somewhat unusual and biased in favor of the
Owner. We request the opportunity to meet with the City and explore mutually agreeable changes to the dispute
resolution language.
Statement of Affirmation
Kitchell certifies that the proposal terms will remain in effect for one hundred twenty (120) days following
the date proposal submittals due date, September 1, 2022.
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References
Fee Proposal
Optional- Additional Supporting
Information
A list of no more than three references for the consultant and three references for each subconsultant, including the
names, addresses and telephone numbers. These references may be the same as the references listed above in IV.
Proposal Format, Section C. Organization and Approach.
Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Please see pages 6 and 7 for details on no more than three references for Kitchell and each of our
subconsultants.
Please see the separately sealed envelope for details on our complete fee proposal for the scope of
services. We have provided separate subtotals for Phase 1B and Phase 2 broken down by task and staff
billing rates with estimated hours, as well as clearly identified fees for subconsultant services.
None.
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EDUCATION
MBA, Florida Institute of Technology
BS, Architecture Engineering, California
Polytechnic State University, San Luis
Obispo
INDUSTRY
CERTIFICATIONS
Designated Design-Build Professional
LEED Accredited Professional
OSHA 30 Hour Certification
TULLY WYATT, dbia, leed ap
PROJECT DIRECTOR
As local San Luis Obispo resident, Tully brings over 19 years of industry experience as a dedicated, organized and detail oriented construction professional. He is a skilled leader who believes
in transparent, ongoing communication and maximizing technology to expedite information, guaranteeing that all team members, including subcontractors, are constantly informed of
decisions or changes in real time. Tully has a wide range of experience in alternate delivery methods, including CMAR and design-build, as well as extensive project experience, including
his most recent work at San Luis Obispo Regional Transit Authority Bus Maintenance Facility where he is serving as a Senior Project Manager. As a local resident for many years, Tully is
committed to his local community and clients. His commitment to local clients ensures Tully understands the issues unique to San Luis Obispo, providing the City with assurance that he
shares your desire for success.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis
Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus maintenance
facility with over 2,600 SF of mezzanine/equipment platform located on a 6.44-acre site. The
facility accommodates operations, administration and maintenance areas and includes
detached enclosures on-site, including a trash enclosure and canopy over bus parking. Work
also includes off-site improvements, specifically the T-intersection for future Elks Lane
realignment.
California Polytechnic State University, San Luis Obispo, Recreation Center, San Luis
Obispo, CA: A $57.5 million, LEED Gold certified recreation expansion that added 85,000 SF to
the facility and renovated another 90,000 SF. Additions included a lobby/lounge, three fitness
rooms, a two-court gym, a multi-activity center, tripled exercise space, a wellness center, an
indoor jogging track, restrooms, leisure pool and deck, an additional sand volleyball court, and
six racquetball courts rebuilt with Squash and Wallyball configurations. Renovations included
men’s and women’s locker rooms. The recreation center remained operational during the
construction period.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus; the
replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A
new $16 million, 31,000 SF, two-story office building featuring office space for county probation
staff, interview rooms, training, conference and evidence rooms, armory, secured sallyport,
break rooms, locker and changing rooms, restrooms with showers, a public lobby, secured
parking for employee vehicles and department vehicles as well as an emergency generator.
Santa Barbara County, Staff Augmentation Services, Santa Barbara, CA: Tully
alongside Kitchell is currently providing staff augmentation services to Santa Barbara
County for over 27 projects totaling more than $73.1 million. Our services include project
and construction management for capital and facilities/maintenance projects, project
development, programming, scope of work development, RFP/bidding document production,
overseeing bidding process and closeout.
City of Santa Maria, Historic Smith-Enos House Structural Improvements, Santa
Maria, CA: A $180,000 project providing structural improvements to the historic Smith-Enos
House in Santa Maria. The modernization and revitalization of the structure is phase one
of a multi-phase approach to the renovation of the house, which aims to rehabilitate the
interior and exterior of the historic residence to recreate a new indoor public recreation venue
featuring cultural and historic exhibits.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ii
EDUCATION
MBA, Business Administration, Arizona
State University
MS, Civil Engineering, Arizona State
University
BS, Civil Engineering, Arizona State
University
INDUSTRY
CERTIFICATIONS
Professional Engineer #C 45731, CA
Professional Engineer #24771, AZ
Professional Engineer #125612, TX
ANDY GOH, pe
RESIDENT ENGINEER
With more than 34 years of strong, relevant management experience in a wide variety of public works service areas and operations, Andy has led teams to the successful completion of
hundreds of infrastructure projects, many of which are fast-track, high profile or federally funded. He is well-versed in complex public policy issues and applicable laws governing municipal
operations and project delivery. Under his leadership over the years, his teams have provided customer service-first public service with strategic forward-thinking and incorporated best
management practices and use of technology to improve and enhance service delivery. Andy has successfully led his teams in completing many major and complex capital improvement
projects in various markets including street transportation, public transit, water and wastewater, public safety and aviation. Proactive in establishing constructive and collaborative
partnerships, he prides himself on his ability to build solid and lasting relationships. Andy is results-driven and decisive, while remaining an approachable and progressive leader with a
strong commitment to the client’s strategic vision.
PROJECT EXPERIENCE
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million,
five-level, 293,000 SF, 932-space parking garage for the City of Chandler, which includes
a road realignment along Oregon Street as well as intersection improvements at Arizona
Avenue and Chicago Street. As Downtown Chandler’s largest garage, the project added much
needed parking options for those accessing City Hall as well as restaurants and other venues
in the bustling area. The structure is located to the west of City Hall across Arizona Avenue on
the northwest corner of Chicago and Oregon streets.
City of Tempe, Tempe City Hall Parking Structure, Tempe, AZ: A $16 million
(construction cost), five-level, 175,000 SF, 440 stalls parking structure. The five-story mixed-
use facility includes parking on all five levels with retail and office space in portions of the
first two levels. The exterior cladding of the building consists of light gauge metal stud walls
with an adhered stone finish.
Tempe East Valley Bus Operation & Maintenance Facility, Tempe, AZ: A $39 million,
103,890 SF, 250-bus LEED Gold certified facility featuring administrative offices, operations/
driver facilities for over 500 operators, a bus maintenance building, bus canopies, and a full
liquid natural gas and compressed natural gas (LNG/CNG) fueling center with fare retrieval and
bus wash on a 25-acre site.
City of Tempe, Center for the Arts, Tempe, AZ: A new $68 million, 88,000 SF performing
and visual arts center consisting of two theaters, multi-use areas, gallery and administrative
space as well as 20 acres of site development. The facility includes a 600-seat main theater,
200-seat black box theater, public space, stage support, a 3,000 SF multi-use space for
rehearsals and events, a 3,500 SF visual arts gallery, administration, gift shop, catering kitchen
and donor room. Special features include a 20,000 SF underfloor air distribution (UFAD) system,
high-end architectural concrete components such as scalloped walls, battered/radius walls
and a cast-in-place dome in the main theater. Site development features include a reflecting
pool, pedestrian paths and a park located next to a riparian area on the southwest shore of the
Tempe Town Lake, adjacent to a downstream dam.
City of Tempe, Curry Road Pedestrian Improvements, Tempe, AZ: A $600,000
road improvement project consisting of the removal and replacement of curbs, gutters,
sidewalks, roadway medians, landscaping and a 48” concrete irrigation pipe. This project was
funded by the ARRA.
City of Tempe, Tempe Town Lake Pedestrian Bridge, Tempe, AZ: A new $5.5 million
CMAR suspension bridge totaling 1,000 LF pedestrian and bicyclist bridge connecting the
north and south shores of Tempe Town Lake. The bridge, which is lit with vibrant blue hues
after dark, consists of four spans of 228 feet each and weighs about 165,000 pounds in total.
The bridge is 12 feet wide and 34 feet tall, with arches suspended by 32 metal cables. The
bridge has a total of 128 steel cables which criss-cross each other and add to the bridge’s
distinctive shape.
City of Chandler, Chandler Public Safety Training Center, Chandler, AZ: A new $27
million, 58,090 SF shared resource facility for the Chandler Police Department and Chandler
Fire Department. It was built in multiple phases with Phase 1 providing an administrative,
educational and tactical training building. Phase 2 provides a separate, state-of-the-art indoor
police firing range complex. The finished facility includes an auditorium, offices, tactical
training, fitness, firearms simulation system, breakroom, secure parking and exterior secure
break areas. This new training complex is the hub for integrated police and fire training and the
combined public safety training center.
City of Tempe, Apache Boulevard Police Substation, 911 Call Center, and Property
& Evidence Facility, Tempe, AZ: An 82,800 SF facility prominently located on Apache
Boulevard housing various police functions including patrol, SWAT team, a 911 Call Center
and a Property & Evidence Facility. The second floor of the Apache Substation includes a 911
Call Center and Dispatch Center with space allowing users to collaborate, flexible access to the
console areas and a separate training area. The entire facility includes complete redundant
power and cooling systems. Adjacent to the Substation and Call Center is a 28,800SF property
and evidence storage facility.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iii
EDUCATION
Coursework, Art, Saddleback College
AFFILIATIONS
Construction Management Association
of America (CMAA)
TOM FEE
SR. PROJECT MANAGER/ASSISTANT RESIDENT ENGINEER
Tom has more than 30 years of experience successfully leading teams managing program development and construction for both public and private clients. As a construction expert,
he specializes in all processes from predevelopment through construction delivery, authoring construction management guidelines and redevelopment use plans. Tom’s experience
encompasses commercial, industrial, civic/municipal, public private partnership, planning, commercial mixed use, telecommunications, criminal justice, healthcare, hospitality and
residential, providing services including program development, plan and specification constructability review, bidding and buyout, estimates, change order review, baseline scheduling and
dispute resolution. He believes in a proactive project management approach, increasing productivity and providing exemplary results for his clients.
PROJECT EXPERIENCE
City of Los Angeles, Metropolis LA R2, Los Angeles, CA: Tom managed on-site
construction for the R2 portion of the downtown Los Angeles Metropolis LA. R2 is a type I
concrete condominium single structure with 40 levels above grade and two levels below
grade. A total of 514 luxury condominiums with a connected (post tensioned) 11-story parking
structure totaling 658,495 SF and 1,821 stalls. The roof of the parking structure is a landscaped
deck featuring a swimming pool, spa, fire features, volleyball, sporting area, a dog park and a
play space. The overall project is located within the 6.3 acre, $1 billion Metropolis development.
R2 also includes 36,482 SF of retail located at the ground floor and an amenity level.
City of Beverly Hills, La Cienega Tennis Center, Beverly Hills, CA: As construction
manager for the City of Beverly Hills, Tom managed overall construction of the La Cienega
Park and Tennis Center. The project included a 138,000 SF, post tensioned parking garage
with City tennis courts located on the parking structure roof. The project also included a park,
two baseball fields, soccer field and the Margaret Herrick Museum and Library.
Los Angeles Unified School District, Central Los Angeles Region High School #12,
Los Angeles, CA: A new $20.2 million concrete podium style construction with below grade
parking and steel frame parking structure for upper floors. Tom served as the Cost Estimator
responsible for reviewing the contractor’s baseline schedule, monthly pay application and
time impact analysis by general contractor, preparation of independent cost estimates for
change orders, evaluation of general contractor cost estimates and negotiation of final
change order amounts.
University of California, Santa Barbara, San Nicolas and San Rafael Residence
Halls, Santa Barbara, CA: Two fast-tracked complete interior replacement projects
totaling approximately $3 million located on the UCSB campus, San Nicolas Hall, a seven-
story building with 265 rooms and San Rafael Hall, which consists of housing clusters
accommodating approximately 500 students. Construction volume required CPM schedules
to be updated twice per day, working closely with the university and subcontractors to
guarantee delivery. Projects were completed sequentially on-time and within budget.
University of California, Santa Barbara, Biotech Seawater Laboratory, Santa
Barbara, CA: A $7 million biotech seawater lab/marine studies facility which can replicate
any global ocean condition. Tom served as the Superintendent responsible for managing
site construction to completion and certification for a project with extremely complicated
logistics for structural concrete involving corrosion resistance, direct seawater filtering,
piping and storage tanks. Due to the complexity of the project, constant interface with staff
and facilities management during construction was required.
Department of General Services, Caltrans District 11 Headquarters, San Diego,
CA: Senior Project Manager responsible for managing program, infrastructure planning,
constructability review, master schedule, project budget, public bidding, award and physical
delivery of the 12-acre, 320,000 SF, five building campus. Project was completed under
project and ahead of schedule.
Dynegy, The Plant University, Morro Bay, CA: Programming for a redevelopment of
a 12 million cu. ft. waterfront power plant while still in operation. The site consists of 50
acres of oil storage, brownfield certification, city lease arrangements, etc. The final program
and site use plan was projected at $175 million and included a post graduate university for
sustainable power engineering and water studies, classrooms, labs, housing, commercial
mixed-use space and convention center.
Kern County, Park Wi-Fi, Kern County, CA: Kitchell is providing project management
services for the County’s park Wi-Fi project. The American Rescue Plan Act (ARPA) provided
the County with funds thereby allowing them to provide public access internet Wi-Fi coverage
to the 43 County-owned parks scattered among the 8,163 square miles that encompass Kern
County – roughly the same size as the State of New Jersey. Our services include planning,
scope development, consultant/contractor procurement, estimating, commissioning, and
project management from concept through completion for each of the park sites.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX iv
EDUCATION
MBA, Business Analytics, Cal Poly San
Luis Obispo
BA, Politics, University of California,
Santa Cruz
Certificate, Business Analytics
INDUSTRY
CERTIFICATIONS
OSHA 30-Hour Certified
Construction Manager-in-Training (In
Progress)
RYAN STEFANEK
QUALITY ASSURANCE MANAGER
Ryan brings eight years of experience in the construction industry. He started his career as a field laborer with a general contractor performing carpenter duties while pursuing a master’s
degree in business analytics at California Polytechnic State University in San Luis Obispo. Over the years, Ryan transitioned to construction management as a project intern and worked
his way up to project engineer. He is passionate about construction and feels that working in the industry is a mixture of marathons and sprints. Ryan excels at planning and responding
quickly to project demands.
Ryan brings a proven ability to lead cross-functional teams through routine and complex processes. Skilled in guiding team building exercises that focus on morale and personal and
professional growth. He takes a responsive leadership approach and uses critical thinking skills to solve issues during the initial stages. Equipped with a Master’s Degree in Business
Administration and a Certification in Business Analytics Ryan has a solid ability to research and analyze data with strong attention to detail and an eye for spotting inaccuracies. In
addition, Ryan has proven expertise in project planning, scheduling and implementation.
As a highly skilled professional, Ryan is well versed in the process of providing QA/AC oversight as a component of Kitchell’s services. He provides an informed high-altitude view of the
projects issues with quality delivery. Ryan’s recent experience includes serving as Project Engineer III for a four-story cast in place concrete structure in the City of San Luis Obispo. He also
brings recent experience from the San Luis Obispo Regional Transit Authority Bus Maintenance Facility project.
PROJECT EXPERIENCE
California Polytechnic State University, Multi-Use Facility, San Luis Obispo, CA:
Construction of a $100 million four-story cast in place concrete structure that housed
multiple facilities for the University including a commercial kitchen, videography studio and
multiple laboratory spaces. Ryan’s responsibilities included managing multiple disciples of
subcontractors including MEPs and finish trades and ensured coordination and compliance
with the contract documents. He also led the weekly owner and architect walks and verified
quality concerns were communicated and corrected with subcontractors.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San
Luis Obispo, CA: A new $17.5 million (construction cost), 28,650 SF, single story bus
maintenance facility with over 2,600 SF of mezzanine/equipment platform located on a
6.44-acre site. The facility accommodates operations, administration and maintenance
areas and includes detached enclosures on-site, including a trash enclosure and canopy over
bus parking. Work also includes off-site improvements, specifically the T-intersection for
future Elks Lane realignment.
San Luis Obispo County Community College District, Measure L Bond Program,
San Luis Obispo, CA: A $275 million bond program which addresses crucial facility needs,
including a new instructional building on the San Luis Obispo campus, a new campus center,
a new career training facility and new early childhood center at the Paso Robles campus;
the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and
air conditioning units, aquatic center and other infrastructure and utilities technology
upgrades. Projects within this program are being delivered via multi-prime delivery
method.
California Polytechnic State University, San Luis Obispo, Neighborhood
UU - Building 65, Building 19 and Plaza Improvements, San Luis Obispo, CA:
Preconstruction services for a $30 million, 59,100 SF project consisting of renovation of
34,600 SF of space in Building 19 including complete renovation of the entire top floor,
renovation of electrical and plumbing systems (as related to the top floor scope of work) in
the bottom floor of Building 19 and the surrounding plaza area to the north of the building
as well as new landscaping and site improvements to the plaza. Work in Building 65 consists
of 24,500 SF of renovations including the Chumash Auditorium, lobby area and public areas
on that floor as well as exterior improvements at the upper level and interior circulation
spine at the lower level of the building to increase and improve student seating and study
areas.
Custom Homes, San Luis Obispo County: Carpenter and supervisor for $3 million of
custom home construction encompassing more than 25 projects. Self-preformed work
includes demolition, electrical, carpentry, finish carpentry and concrete.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX v
EDUCATION
BS, Civil Engineering, California
Polytechnic State University, San Luis
Obispo, CA
MATT HARMS
PROJECT ENGINEER
Matt is a highly skilled professional supporting project managers with one year of industry experience. He has a passion for the construction management industry and finds working in
CM strengthens his strategic and analytical skill sets. He is well-versed in the process of reviewing, issuing and processing RFIs and submittals, updating drawings and meeting minutes
and negotiating change orders with team members on all sides of the table. Matt is familiar with a variety of software including Bluebeam, Procore, BIM 360, Assemble, Revit and
AutoCAD. His recent experience includes serving as a field engineer for a $90.2 million ocean outfall booster pump rehabilitation and $6 million piping replacement.
PROJECT EXPERIENCE
Orange County Sanitation District, Ocean Outfall Booster Pump Rehabilitation,
Huntington Beach, CA: A $90.2 million, 40,000 SF ocean outfall booster pump
rehabilitation delivered via design-bid-build. The project encompassed the construction of
a new low flow outfall pump station, rehabilitation of the existing central power generation
building, rehabilitation of an effluent pump station annex and rehabilitation of the existing
electrical distribution system. Matt’s responsibilities included acquiring daily permits for
labor, analyzing budget for labor distribution reports, quality control for concrete pours,
creating purchase orders, creating and evaluating change orders, safety meeting, safety
walks, safety orientation for new employees and subcontractors, schedule meetings and
submittals.
Orange County Sanitation District, P2-123 Return Activated Sludge Piping
Replacement, Huntington Beach, CA: A $6 million, 1,400 LF project encompassing the
removal and replacement of a deteriorating return activation sludge piping, valves, valve
actuators and wiring, flexible couplings and pipe supports. In addition, the project also
included the installation of 12 new 14” isolation valves and installing new sluice gates.
Matt’s responsibilities included acquiring daily permits for labor, analyzing budget for labor
distribution reports, quality control for concrete pours, creating purchase orders, creating
and evaluating change orders, safety meeting, safety walks, safety orientation for new
employees and subcontractors, schedule meetings and submittals.
California Polytechnic State University San Luis Obispo, Highway Realignment,
San Luis Obispo, CA: Design services for highway improvements along the 101 in the
Central Coast starting south of El Campo Road near Arroyo Grande to North of Hemi
Road near Nipomo. Main goals of the project included improving safety, maintaining
overall circulation and operations of US 101, as well as emphasize sustainability. Matt’s
responsibilities included performing initial site studies, such as geotechnical site
investigation, a water runoff analysis and traffic impact study to name a few. In addition,
Matt also assisted in technical write-ups and assisted with corridor modeling design.
California Polytechnic State University San Luis Obispo, Higuera and Chorro
Street Intersection Improvement Proposal (Cal Poly Project), San Luis Obispo,
CA: For this project, Matt determined the level of service for Higuera Street and designed
an improved system layout for the intersection. The project goal was to increase safety in
all aspects, such as pedestrian and vehicular safety while decreasing congestion. Matt’s
responsibilities included analysis of Higuera and Chorro intersection in downtown San
Luis Obispo. He recorded pedestrian and vehicle volumes, crash data and traffic signal
parameters. Matt’s studies also included a traffic warrant study, traffic signal analysis,
synchro analysis, safety analysis, critical lane volume studies and intersection sight distance
analysis.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vi
EDUCATION
BS, Natural Resources Management, Cal
Poly State University, San Luis Obispo
AA, Engineering Technology, Cuesta
Community College
INDUSTRY
CERTIFICATIONS
ICC Certified Special Inspector:
Reinforced Concrete (#1025543-49)
ICC Certified Special Inspector:
Structural Masonry (#1025543-84)
ICC Certified Special Inspector:
Prestressed Concrete (#1025543-92)
ICC Certified Special Inspector:
Structural Steel, Bolting and Welding
(#1025543-S1, S2 & W)
ICC Certified Master of Special
Inspection (#1025543-MI)
ICC Certified Special Inspector: Spray
Applied Fireproofing (#1025543-86)
NICET Level III, Transportation
Engineering Technology (#86954)
AWS-CWI QCI-88 & 96, Certified
Welding Inspector (#95011151)
DSA Masonry Inspector (#5852
CHARLES ZANOLI
TESTING & INSPECTION
With over 30 years in the construction industry, Charles is a highly qualified inspector with a wealth of experience in materials testing and special inspection. Certified by numerous regulatory
agencies, he specializes in testing and inspection of reinforced concrete, pre-stressed concrete, structural masonry, asphalt concrete, bolts, spray-approved fire-proofing and soils. He has
a broad base of project experience, including numerous structures at California Polytechnic State University at San Luis Obispo, K-12 school projects throughout San Luis Obispo and Santa
Barbara counties, and public works facilities and infrastructure. Charles is certified by APWA as a public works inspector and is a ICC- certified Master Inspector, certified by ICC for inspection
of reinforced concrete, pre-stressed concrete, structural masonry, structural steel and welding, and spray-applied fire-proofing to name a few. Charles studied engineering technology and
obtained a bachelor’s degree in Natural Resource Management from California Polytechnic State University.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential
Community, San Luis Obispo, CA: A $204 million, 562,446 SF design-build project featuring
eight structures with four and five levels above grade. The project featured single, double
and quad units totaling 1,475 beds for first year students and an associated parking structure
totaling 154,363 SF and over 480 stalls. Situated adjacent to the Grand Avenue entrance of
the campus, the community is richly programmed with study areas, large scale living rooms
for 50 students or more, outdoor courtyards and circulation routes, a mailroom, recreation
center, offices and admissions welcome center. Outdoor spaces include a large lawn with an
amphitheater and a courtyard with volleyball and basketball courts, natural features, gardens,
contemplative spaces, and bike paths – all designed to support new students’ engagement in
the Cal Poly experience. This project is LEED Platinum certified.
Hotel San Luis Obispo (Hotel SLO), Multi-Story Hotel and Parking Structure, San
Luis Obispo, CA: Hotel San Luis Obispo is located at 955 Morro Street in downtown San Luis
Obispo. The approximately 110,000 SF structure was constructed as part of a mixed-use project
in the Chinatown District of the city. The hotel encompasses 78 rooms and suites, two on-site
restaurants, a spa, garden courtyard, pool, gym and social event/meeting spaces for up to 350
guests. The multi-story building has a subterranean parking level, accessed via a ramp from
Morro Street, that entailed cuts of up to 17 feet. It utilized a conventional reinforced concrete
slab with poured-in-place retaining and shear walls and concrete columns. The first floor was
constructed utilizing a conventionally reinforced concrete slab, while the upper floors were
supported by post-tensioned concrete slabs with wood-framed construction.
Vespera on Ocean, Pismo Beach, CA: Vespera on Ocean is a 124-room Marriott Autograph
hotel located at 147 Stimson Avenue in Pismo Beach. Earth Systems conducted a geotechnical
engineering investigation for the project, which comprises an underground parking level, a
street level concrete podium deck and three stories of stud-framed hotel rooms, and exterior
pool and recreation areas. Challenges at the beach-front site included the potential for
liquefaction and dynamic settlement, subsurface water, and shoring of excavations adjacent to
adjacent buildings and infrastructure. Development of the site involved cuts of up to 16 feet to
accommodate the subterranean parking level.
San Luis Obispo County Regional Airport Passenger Terminal, San Luis Obispo, CA:
Earth Systems provided a geotechnical engineering report, materials testing and special
inspection for the recently completed San Luis Obispo County Regional Airport passenger
terminal. At approximately 56,000 SF, the new terminal is about 45,000 SF larger than the
previous facility. The $39.5 building includes a main entry, lobby, ticketing, baggage retrieval,
rental car and security screening areas, airport administration offices, a public parking lot and
main aircraft parking lot. It is of structural steel and masonry construction with a masonry
veneer. The building is supported by conventional continuous footing foundations and concrete
slabs-on grade.
Hotel Cerro, San Luis Obispo, CA: Earth Systems prepared reports to provide geotechnical
engineering criteria for the construction of the Hotel Cerro in downtown San Luis Obispo,
California. The 65-room structure includes 65 guest rooms, restaurant space, a conference
center, a spa and a rooftop pool deck. The structure consisted of wood and steel frame and
concrete cast-in-place construction.
William and Linda Frost Center for Research and Innovation, California Polytechnic
State University at San Luis Obispo, CA: The $125 million William and Linda Frost Center
for Research and Innovation will be an interdisciplinary building that will house three colleges
– the College of Science and Mathematics, the College of Agriculture Food and Environmental
Sciences, and the College of Liberal Arts. Currently under construction, the 102,000 SF structure
will have four levels and will include a total of 20 laboratories, a technology center, studio
space, classrooms, faculty offices, and conference rooms. A new plant conservatory is planned
for the hillside overlooking the Poly Canyon Village student housing complex.
ADDITIONAL INDUSTRY CERTIFICATIONS
DSA Pneumatically Pl. Concrete (#5954)
ACI Concrete Field Testing Technician, Grade 1 (No. 00931544)
Certified Nuclear Gauge Operator
Hazardous Waste Operations and Emergency Response, 40-hour and 8-hour refresher courses
(OSHA 29 CFR 1910.120 and Title 8, CCR 5192)
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX vii
EDUCATION
BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo, CA
LICENSES
Professional Land Surveyor
#LS7561, CA
STEVE WEBSTER, ls
SUPERVISOR OF SURVEYING
Steve has over 38 years of surveying experience in the office and the field. As a project manager, his primary responsibility is the management of construction projects. While at RRM
Design Group, he has performed surveying services, such as construction staking and boundary and topographic surveying, for both public and private sector clients. Along with field
surveying duties, Steve prepares construction stake calculations, conducts research and analysis of boundaries, and creates boundary, topographic, and ALTA maps. He has experience
with surveying equipment such as total and robotic stations and GPS.
PROJECT EXPERIENCE
Lucia Mar Unified School District, Arroyo Grande High School Parking, Arroyo
Grande, CA: RRM provided numerous layout concepts to maximize the existing parking
layout to accommodate a bus drop-off site and separate parking for the newly constructed
Performing Arts Center. RRM reviewed existing pavement conditions (to determine areas
that needed to be overlaid versus reconstructed) and prepared final construction documents
showing re-stripping of the area, relocation of parking lot lighting, and pavement
reconditioning. The total parking lot spaces provided were 367.
California Polytechnic State University, San Luis Obispo, Parking Structure, San
Luis Obispo, CA: RRM Design Group worked with Watry Design Group to design a new
1,300 car parking structure and multi-modal facility which will serve as the first of three
planned centers of public transportation on the Cal Poly San Luis Obispo campus.
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
Arroyo Grande Hospital, Parking Lot, Arroyo Grande, CA: RRM prepared studies to
review how the parking at Arroyo Grande Community Hospital could be increased to allow
for more parking on the site. After the plan was approved, RRM prepared the construction
documents to extend the current parking areas. The construction documents consisted of
grading, layout, electrical and landscape plans.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center Parking Structure Construction Staking, San Luis Obispo,
CA: RRM implemented the design and provided construction for phasing, staging, grading,
drainage, hydrology, parking, circulation, accessibility, off-site road design, and upgrades
to existing and new utility infrastructure. Following a two-year comprehensive planning
and design study led by RRM Design Group, the San Luis Obispo City Council approved the
Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital facilities. The Plan
calls for adding a new, 4-story, 85,000 SF tower to accommodate increased healthcare
demands, replace existing aging facilities, and add a new 45,000 SF medical office building
to serve the increasing demand for medical offices in San Luis Obispo. The Plan also includes
a new five-story, 400-space parking structure and a comprehensive reorganization of the
vehicle circulation.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for the Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX viii
EDUCATION
AS, Surveying and Forest Practices,
Kings River Community College,
Reedley, CA
BRIAN HELLWIG
SUPERVISOR OF SURVEYING
With a beginning in forestry and two decades of surveying experience, Brian is an expert surveyor. Brian offers experience in boundary surveying and construction staking of various
projects such as commercial, residential, and mixed-use developments. He has experience with surveying equipment such as total and robotic stations, high-definition three-dimensional
terrestrial laser scanning, GPS, and various surveying software. Brian’s previous work ranges from the expansive Hearst Boundary survey to the beautiful downtown Big Bear Streetscape.
His open communication style ensures that all parties involved in a project are updated with up-to-date and relevant information at every intersection.
PROJECT EXPERIENCE
Inn at The Pier Engineering, Pismo Beach, CA: RRM was hired for engineering and
surveying services for The Inn at The Pier hotel with 104 guest rooms in Pismo Beach.
The hotel has 132 parking spaces, including 127 underground spaces. RRM licensed land
surveyors prepared and submitted the application to facilitate the lot merger for 6 lots
through the City of Pismo Beach approval process.
The Pismo Hotel Land Surveying Services, Pismo Beach, CA: RRM was retained for
surveying services for The Pismo Hotel in Pismo Beach. RRM provided site survey control,
monitoring of adjacent structures, construction staking of on-site and off-site utilities and
improvements, building grid lines, verified placement of all anchor bolts for buildings,
benchmarks for finish floor elevations, and framing and hold-down placements. RRM also
provided calculations and staking of 965 feet of sheet piles and a post-construction ALTA/
ACSM Land Title Survey (As-Built).
City of Pismo Beach, Pismo Beach Pier Plaza and Parking Lot Upgrade, Pismo
Beach, CA: The City of Pismo Beach hired RRM to repurpose a portion of the existing
parking lot and expanded an existing small plaza at the base of the Pismo Pier. The plaza
is connected to two separate promenade boardwalks that run parallel to the beach. The
highlight of the plaza is two concrete slides that whisk giddy beachgoers of all ages from
the plaza onto the sand 16 feet below. Improvements include accessible access to the beach,
stepped seating, reconfigured parking lot, and a newly constructed restroom building.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot,
Pismo Beach, CA: Lucia Mar Unified School District hired RRM to make several campus
upgrades at Shell Beach Elementary School. This past spring, RRM completed updates to
reconfigure the student drop-off areas and school parking lot to improve the flow of traffic.
Lucia Mar Unified School District, Shell Beach Elementary School Parking Lot, Pismo
Beach, CA: Lucia Mar Unified School District hired RRM to make several campus upgrades at
Shell Beach Elementary School. This past spring, RRM completed updates to reconfigure the
student drop-off areas and school parking lot to improve the flow of traffic.
Sierra Vista Medical Center, Parking Structure Construction Staking, San Luis
Obispo, CA: RRM implemented the design and provided construction for phasing, staging,
grading, drainage, hydrology, parking, circulation, accessibility, off-site road design, and
upgrades to existing and new utility infrastructure. Following a two-year comprehensive
planning and design study led by RRM Design Group, the San Luis Obispo City Council
approved the Medical Center Master Plan for Tenet Health Care’s Sierra Vista Hospital
facilities. The Plan calls for adding a new, 4-story, 85,000 SF tower to accommodate
increased healthcare demands, replace existing aging facilities, and add a new 45,000
SF medical office building to serve the increasing demand for medical offices in San
Luis Obispo. The Plan also includes a new five-story, 400-space parking structure and a
comprehensive reorganization of the vehicle circulation.
Edward C. Little Water Recycling Facility, Visitor Center Renovation, El Segundo,
CA: A $9.6 million renovation of the visitor center resulting in a multipurpose visitor center
that will better enable West Basin to educate guests about the District’s mission, various
water recycling treatment processes, as well as water-related issues in the region.
ADDITIONAL EXPERIENCE
`Lucia Mar Unified School District, Oceano Elementary School Infrastructure Rehabilitation,
Oceano, CA
`City of San Luis Obispo, Police Station, San Luis Obispo, CA
`City of San Luis Obispo, Public Safety Dispatch Center, San Luis Obispo, CA
`Sierra Vista Hospital Heliport, San Luis Obispo, CA
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX ix
EDUCATION
MS, Botany, California State University,
Chico
BS, Ecology and Evolution, University of
California, Santa Barbara
CERTIFICATIONS/
REGISTRATIONS
Certified Ecologist, Ecological Society
of America
California Rapid Assessment Method,
CRAM.org
Wetland Delineation Training, Richard
Chinn Environmental
PERMITS
Rare, Threatened, and Endangered
Plant Voucher Collecting Permit No.
2081(a)- 16-022-V – CDFW, 2018
COLBY BOGGS
SENIOR ECOLOGIST
Colby is a Principal and Senior Ecologist with Rincon Consultants. He brings over 23 years of professional experience as a botanist, ecologist, wetlands specialist, and biological sciences
educator and researcher. His duties at Rincon include biological field surveys for special status species, habitat and plant community mapping, wetlands assessments, biological resources
analyses, construction and mitigation monitoring, conservation planning, regulatory compliance, and the preparation of biological reports, environmental documents and permit
applications in support of CEQA, NEPA, Porter-Cologne Water Quality Control Act, California Fish and Game Code, California Coastal Act, Clean Water Act, Rivers and Harbors Act of 1899,
and State and federal Endangered Species Acts.
PROJECT EXPERIENCE
County of San Luis Obispo, QA/QC Biological Resources, On-call and Planning
Consultant Services for General Cannabis Case Processing, San Luis Obispo County,
CA: Colby worked with County staff, applicants and agents to process applications for proposed
cannabis operations which included indoor and outdoor cultivation and ancillary uses such as
distribution, processing, nursery, and small-scale non-volatile manufacturing. He reviewed
submitted application materials specific to biological resources, determined application
completeness in concurrence with County staff and prepared documentation of CEQA analysis
(IS-MNDs). Recently processed cases included production of the IS-MNDs for DRC2018-00010
Greenview, LLC and DRC2019-00110 Synergy Farms – Cano.
City of Paso Robles, QA/QC Biological Resources, Olsen-South Chandler Ranch, Paso
Robles, CA: Colby provided QA/QC for the Biological Resources section of the Paso Robles
Olsen/South Chandler Ranch Specific Plan Project. The 358-acre Specific Plan area represented
a key development area for the City, identified in the General Plan Land Use Element. The
project included a specific plan, general plan amendment, zone change, multiple tentative
tract maps, an oak tree removal permit, roadway abandonments and multiple development
agreements. The EIR analysis required a hybrid of programmatic and project-specific elements
to address the long-term impacts of buildout within the specific plan area as well as specific
impacts of the proposed residential, commercial and recreational uses in the specific plan area.
City of San Luis Obispo, QA/QC Biological Resources, San Luis Ranch Specific Plan
Project EIR, San Luis Obispo County, CA: Colby provided QA/QC for the Biological Resources
section of the San Luis Ranch Project on behalf of the City of San Luis Obispo. The 131-acre
project site represented a key development area for the City, identified in the land use and
circulation element update. The proposed project included a specific plan, general plan
amendment and development plan for a 131-acre project site, including annexation of the site
into the City of San Luis Obispo. This specific plan included a mixture of residential, commercial,
office and hotel uses, with a portion of the site preserved for agriculture and open space uses.
Our EIR approach on this project was a unique hybrid of programmatic and project-specific
elements developed in close coordination with City staff to address both the specific impacts of
the proposed development and the long-term impacts of buildout within the specific plan area.
South San Luis Obispo County Sanitation District, QA/QC Biological Resources,
Wastewater Treatment Plan Redundancy Project CEQA Technical Studies, Oceano,
San Luis Obispo County, CA: Colby served as Biological Resources Technical Advisor for
this project. The South San Luis Obispo County Sanitation District Redundancy project
involves the construction and operation of backup infrastructure at the District’s wastewater
treatment facility in Oceano. In support of Clean Water State Revolving Fund and United States
Department of Agriculture funding pursuits for the project, Rincon prepared technical studies
compliant with CEQAPlus and NEPA requirements. Technical studies include an Environmental
Report for Categorical Exclusion, a Federal Clean Air Act Conformity Analysis, a Cultural
Resources Assessment, and a Biological Evaluation. Rincon is also coordinating with U.S.
Department of Agriculture staff to facilitate the environmental review process and receive a
Biological Opinion from United States Fish and Wildlife Service for impacts to California red-
legged frog.
County of Santa Barbara, QA/QC Biological Resources, Arctic Cold Agricultural
Refrigeration Facility EIR, Santa Barbara County, CA: Colby is currently providing QA/QC for
the Biological Resources section of an EIR for the proposed Arctic Cold Agricultural Refrigeration
Facility in northern Santa Barbara County. The proposed project includes a Conditional Use Permit
and Development Plan for a freezer/processor facility on a 109-acre property east of Santa Maria.
Because the property is currently used for active agricultural production with a mix of row crops,
livestock grazing, and a vegetable cooling plant that is not a part of the proposed project, and
includes abandoned petroleum wells, the environmental evaluation focuses on agricultural
resources, air quality and greenhouse gas emissions, biological resources, hazards and hazardous
materials, transportation, and utilities and service systems.
City of Santa Maria, QA/QC Biological Resources, Area 9 Specific Plan EIR, Santa
Maria, CA: Colby provided QA/QC for the Biological Resources section of the EIR for the Area 9
Specific Plan. This project incorporated a range of land use components in a 900-acre Specific
Plan area, including agricultural manufacturing, commercial manufacturing, industrial,
commercial office, community commercial, open space, and mixed-use residential.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX x
EDUCATION
MS, Biological Sciences, California
Polytechnic State University, San Luis
Obispo
BS, Ecology and Systematic Biology,
Concentration in Wildlife Biology;
California Polytechnic State University,
San Luis Obispo
MICHAEL TOM, ms
SENIOR BIOLOGIST
Michael has experience conducting general and focused surveys for a variety of plant and animal species. He is proficient in maintaining herpetology collections and providing assistance
with a number of vertebrate and invertebrate species. Michael has working knowledge and training with the fauna and flora of the Central Coast, San Joaquin Valley, and desert regions
of California. He has also received specific training in survey protocols, habitat requirements and natural histories of the California Redlegged Frog (CRLF) and desert tortoise. Michael
has assisted in special status species, general wildlife and preconstruction surveys. He has performed protocol level surveys as well as preconstruction clearance and monitoring for San
Joaquin Kit fox. He has also performed protocol level surveys for desert tortoise, blunt nosed leopard lizard and California red-legged frog and has performed preconstruction surveys for
giant garter snake, western pond turtles, coast horned lizards, western spade foot toads, and nesting birds. He has been authorized by the U.S. Fish and Wildlife Service under Biological
Opinions for projects to handle CRLF and has handled the species on those projects where they were encountered.
PROJECT EXPERIENCE
SLO Creek California Red-legged Frog Habitat Assessment, San Luis Obispo County.
San Luis Obispo County, Supply line 36-9-09 emergency repair, Los Berros Creek, CA:
Conducted preconstruction surveys and monitoring for California red-legged frog. Captured
and relocated one California red-legged frog.
Santa Barbara County, Jail Northern Branch Facility, Santa Barbara, CA: California
red-legged frog habitat assessment in Santa Barbara County.
San Luis Obispo County, Arroyo Grande Creek at Rodriguez Road Grade Stabilization
Project: Conducted preconstruction surveys and monitoring for California red-legged frog.
Santa Rosa Creek Road 7.0 Emergency Culvert Repair Project Monitoring, San Luis
Obispo County, CA: Michael conducted preconstruction surveys and monitoring for California
red-legged frog.
San Luis Obispo County, California red-legged frog focused biological monitoring
for the Arroyo Grande Creek Levee Maintenance Project, San Luis Obispo County,
CA: Biological monitoring for the Old Los Berros Culvert Repair and Duckbill Valve Replacement
project.
San Luis Obispo County, City of Arroyo Grande, CA: California red-legged frog, western
pond turtle and nesting bird preconstruction surveys for the City of Arroyo Grande.
California red-legged frog and California tiger salamander focused construction
monitoring/relocation for the Salinas Road Interchange project, Salinas, CA:
Captured and handled four California red-legged frogs under the supervision of the authorized
biologist.
San Benito County, Vallecitos Oil Field and Gas Wells, Four Focused Project
Locations: California Tiger Salamander and California Redlegged Frog Habitat Assessment.
California Academy of Sciences and California Polytechnic State University
Biological Sciences Department: Four years of reptile and amphibian husbandry
experience (including handling of snakes, frogs, turtles, salamanders and lizards) combined
from the California Academy of Sciences and California Polytechnic State University Biological
Sciences Department.
PROJECT AUTHORIZATIONS
`California red-legged frog handling and relocation authorization, Los Osos Valley Road
Interchange Project, BO (1- 8-08-F-27)
`California red-legged frog handling and relocation authorization, Supply line 36-9-09
emergency repair, Los Berros Creek. Authorization under RGP 63 through Emergency
Section 7 Consultation with the USFWS.
`USFWS California red-legged frog handling authorization (Under supervision), Rodriguez
Waterline Stabilization Project. BO 8-8-12-F-17
`NMFS steelhead monitoring authorization under the supervision of lead fisheries biologist
Don Alley, Heritage Ranch Community Services District Gallery Well Repair Project. BO
151422SWR03SR8572
`USFWS California red-legged frog, San Joaquin kit fox and California condor monitoring
authorization, Heritage Ranch Community Services District Gallery Well Repair Project.
`USFWS California red-legged frog handling authorization (Under supervision), Salinas
Road Interchange Project. BO 8-8-09-F-65R
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xi
EDUCATION
BS, Forestry and Natural Resources,
Concentration in Wildlife Biology,
California Polytechnic State University,
San Luis Obispo
CERTIFICATIONS/
REGISTRATIONS
International Society of Arboriculture
Certified Arborist WE-12031A
USFS and CPUC approved Botanist,
Avian Biologist, and Bat Biologist
Department of Pesticide Regulation
Qualified Applicators License Category
E (Forest and Right-of-Way) License
#151384
Certified Recycled Water Site Supervisor
#5770
Professional Association of Diving
Instructors Certified Open Water Diver
CPR/First Aid Certified
CASEY CLARK
BIOLOGIST/ARBORIST/PROJECT MANAGER
Casey serves as a biologist, arborist and project manager under Rincon’s Natural Resources group. He is a personable, creative, and multifaceted California based biologist with an
expertise in botany and plant ecology. His responsibilities include leading and managing a variety of natural resources projects involving habitat suitability assessments, special-status
species surveys, habitat restoration success criteria monitoring, vegetation community classification and mapping, noxious weed surveys and risk assessments, jurisdictional delineations,
resource constraints analyses and arboricultural assessments. Mr. Clark has prepared extensive biological resources technical reports in support of the California Environmental Quality
Act and the National Environmental Policy Act. He has six years of experience in the environmental consulting industry and graduated cum laude from Cal Poly San Luis Obispo with a
Bachelor of Science in Forestry and Natural Resources where the focus of his coursework was in botany, wildlife biology, ecology, and resource conservation.
PROJECT EXPERIENCE
East Bay Municipal Utilities District, Quarry Site Restoration Project, Oakland, CA:
As Lead Biologist and Project Manager Casey prepared a competitive proposal that secured a
contract that contained rare plant surveys, a wetland delineation survey, and an arborist survey
for a potential East Bay Municipal Utilities District restoration project within an abandoned
60- acre quarry site outside of San Leandro, California. Casey lead the arborist surveys and
prepared a comprehensive Arborist Condition Report. He performed background research for
potential rare plants within the quarry site and managed the successful execution and delivery
of the Wetland Delineation Report. He served as the primary client-facing biologist managing
all aspects of the project, including budget, deliverable preparation and staff. The project was
successfully completed within budget.
Liberty Utilities, 650 Line Rebuild Project, Truckee, CA: Casey served as lead biologist
managing all project-related botanical tasks. He led full floristic field surveys, including
assessments for noxious weeds and rare plants and performed restoration success criteria
monitoring for the rebuild of approximately nine miles of power line reconstruction within the
Tahoe National Forest between the north shore of Lake Tahoe and Truckee, California. He also
prepared a comprehensive Botanical Resources Technical Report, Rare Plant Survey report, and
Invasive Plant Risk Assessment Report in cooperation with project mitigation measures. Casey
also utilized the data collected from bat roost habitat assessments and emergence reports to
prepare a Bat Emergence Survey Report.
San Diego Gas & Electric Company, Del Mar Reconfiguration Project, San Diego
County, CA: Lead project biologist managing all botanical tasks for the reconfiguration of an
existing 69 kilovolt power line, removal of an existing 69 kilovolt power line and conversion
of portions of existing 12 kilovolt distribution lines from an overhead to underground
configuration in San Diego County. Lead rare plant surveys and prepared a report documenting
over 25 species of special-status plants. Casey conducted and prepared preconstruction
surveys and reports, baseline restoration monitoring surveys and reports, monarch butterfly
monitoring, focused coastal California gnatcatcher surveys, nesting bird surveys and reports,
and conducted habitat assessments and emergence surveys for potential bat roosts.
Southern California Gas Company, Confidential Project, Various Counties/Cities,
Southern California: Lead surveys and prepared a Biological Resources Technical Report
in compliance with CEQA that identified existing or potential sensitive natural vegetation
communities, potentially jurisdictional aquatic features, and special-status plant and animal
species and their associated habitat for the installation of a proposed 30-inch diameter natural
gas pipeline beneath the Colorado River and the removal of the existing 30-inch-diameter
natural gas pipeline and it’s supporting suspension bridge over the river, extending southeast
from the community of Ehrenberg in Arizona into the City of Blythe in California. Assisted a
permitted biologist in focused western yellow-billed cuckoo and southwestern willow surveys
and report creation for client and agency submittal.
Southwest Gas Company, Helendale Hawes Line High-Pressure Main Replacement
Project, Various Counties/Cities Southern California: Casey lead surveys and prepared
a Biological Resources Technical Report in compliance with CEQA that identified existing or
potential sensitive natural vegetation communities, potentially jurisdictional aquatic features,
and special-status plant and animal species and their associated habitat. The project involved
the replacement of approximately 12 miles of 30-inch diameter natural gas pipeline traveling
immediately adjacent to the Mojave River in Helendale, California.
East Bay Municipal Utilities District, Walnut Creek Water Treatment Plant
Pretreatment Upgrades Project, Walnut Creek, CA: As Arborist and Project Manager,
Casey prepared a competitive proposal successfully securing a contract containing an arborist
survey for the 13.5 acre Walnut Creek Water Treatment Plant Upgrade Project in Walnut
Creek, California. Lead the arborist surveys and prepared a comprehensive Arborist Condition
Report, which made tree protection and removal recommendations based off protected tree
classifications, health condition and potential construction impact designations. As the primary
client facing biologist managing all aspects of the project, including budget, deliverable
preparation, and staff. Successful executive of the project granted additional arborist work at
the Lafayette Water Treatment facility in Lafayette, California.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xii
EDUCATION
MA, Anthropology, Northern Arizona
University
BS, Anthropology-Cultural Resources
Management California State
Polytechnic University, Pomona
CERTIFICATIONS/
REGISTRATIONS
Registered Professional Archaeologist
#415730, CA
AFFILIATIONS
Section 106 Compliance
Advanced Section 106
Society for American Archaeology
Society for CA Archeology
CHRISTOPHER DURAN, rpa
SENIOR ARCHAEOLOGIST
Christopher Duran is a Principal and Senior Archaeologist at Rincon Consultants, Inc. He brings more than a decade of professional experience in cultural resources management
and exceeds the SOI’s Professional Qualification Standards. In addition, he has worked throughout California for various federal, state, and local agencies and has worked on several
projects for private sector clients including developers and utility companies. Christopher has worked on hundreds of projects managing several millions of dollars in cultural resources
investigations. He is an expert in cultural resources management and has worked on projects in compliance Sections 106 and 110 of the National Historic Preservation Act (NHPA), the
National Environmental Policy Act (NEPA), and the California Environmental Quality Act (CEQA) as they pertain to cultural resources.
PROJECT EXPERIENCE
Watt Communities, LLC., Braverman Drive Tentative Map Project Phase II and III
Cultural Resources Investigations, City of Santee, CA: As Project Manager/Principal
Investigator, Christopher managed Phase II test investigations and managed field personnel
and reporting during the site evaluation phase of a residential development project in Santee
that includes one significant prehistoric site, CA-SDI-5669. Evaluation determined that CA-
SDI-5669 is eligible for listing in the California Register of Historical Resources and required
mitigation prior to ground disturbance related to construction of the development. Christopher
prepared and executed a Data Recovery Plan and Research Design to mitigate the site.
Santa Barbara County, Hollister Avenue Road Widening Project Cultural Resources
Investigation, Cities of Goleta and Santa Barbara, CA: The project included the
survey and documentation of a roadway interchange. Christopher led the field survey effort,
document production and recommendations for the project.
Southern California Gas Company, On-Call Cultural Resource Studies for Southern
California Gas Company, Southern California: As Principal Investigator/Project Manager,
Christopher prepared scopes of work, cost estimates and requests for service for archaeological
studies throughout Southern California Gas Company’s (SoCalGas) jurisdiction. To date, studies
managed for SoCalGas include emergency monitoring projects on Bureau of Land Management
(BLM) lands during evaluation of the integrity of Lines 2000 and 3000 that required
coordination between SoCalGas, BLM and a qualified subcontractor that performed the work.
Additional undertakings performed under this contract include monitoring at Mission Santa
Barbara, survey of two deep well anodes in the Mojave Desert, archaeological monitoring
during wetland delineation on Burton Mesa (Santa Barbara County), and monitoring during
pipeline installation for the Goleta Storage Project. Christopher also managed subcontractor
performance, tracked and managed invoicing, reviewed project deliverables and scheduled
qualified staff to perform the work.
Naval Facilities Engineering Command, Stuart Mesa West Phase II Archaeological
Investigation, Camp Pendleton, San Diego County, CA: As Field Director, Christopher
managed field crews, conducting test excavations, reporting and collections management.
Narven Enterprises, Archaeological Testing at 1441-1447 Sixth Avenue, San Diego,
CA: As Principal Investigator/Project Manager, Christopher coordinated the reparation and
implementation of an archaeological testing plan (ATP) for potential subsurface deposits
on a proposed redevelopment site in downtown San Diego. He reviewed and approved ATP
prior to submission to the client. The ATP was based upon the results of reviewing Sanborn
Fire Insurance maps dating to the turn of the nineteenth century that documented previous
development on the property. Christopher served as on-call Principal Investigator during
mechanical excavations on the property, the results of which were negative.
Bureau of Indian Affairs, Ewiiaapaayp Reservation Road Construction Cultural
Resources Inventory, Ewiiaapaayp Indian Reservation, San Diego County, CA: As
Project Manager/Principal Investigator, Christopher managed field crews, budgeting, and
maintained contact and coordination with the primary contractor, Bureau of Indian Affairs and
Tribal Government.
Bureau of Indian Affairs, La Posta Reservation Road Construction Cultural Resources
Inventory, La Posta Indian Reservation, San Diego County, CA: As Project Manager/
Principal Investigator, Christopher managed field crews, budgeting, and maintaining contact
and coordination with primary contractor, Bureau of Indian Affairs and Tribal Government.
Bureau of Indian Affairs, Santa Ysabel Reservation Road Reconstruction Cultural
Resources Inventory, Santa Ysabel Reservation, San Diego County, CA: As Project
Manager/Principal Investigator, Christopher prepared technical documents and provided
agency consultation.
Bureau of Land Management, Palm Springs South Coast Field Office, Canyon Lake
Fuels Reduction Cultural Resources Inventory Project, Riverside County, CA: As
Project Manager/Principal Investigator, Christopher managed fieldwork, field crew, scheduling,
budgeting, preparing the technical report and maintained client contact.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiii
EDUCATION
MA, Public Archaeology, California State
University Northridge
BS, Anthropology – Emphasis in
Physical Anthropology, University of
California, Santa Barbara
AFFILIATIONS
Register of Professional Archaeologists
Member
Society for California Archaeology
Member
Society for American Archaeology
Member
DUSTIN MERRICK, rpa
ARCHAEOLOGIST/PROJECT MANAGER
Dustin is an Archaeologist with Rincon Consultants, Inc. He has extensive experience with pedestrian survey, archaeological excavations, monitoring, site mapping, and site recordation.
Dustin also has experience managing projects throughout the Central Coast. He has worked with both prehistoric and historic archaeology throughout the Central Coast and Mojave
Desert areas as well as the Channel Islands. He is experienced in protecting and managing cultural resources and specializes in osteological, faunal, and paleoethnobotanical analyses,
specializing in prehistoric coastal and near-shore island environments.
PROJECT EXPERIENCE
Water Resource Recovery Facility Project, San Luis Obispo, CA: Dustin managed
archaeological and paleontological resource monitoring and directed all fieldwork associated
with the project. In addition, he worked directly with the City of San Luis Obispo and Native
American monitor for the reinternment of cultural materials.
Pacific Gas and Electric Cambria Access Road Maintenance Project, San Luis Obispo
County, CA: Dustin was field lead for the survey within United States Forest Service lands and
was the primary author of the technical cultural resource constraints report.
Pacific Gas and Electric Tassajara Road Maintenance Project, San Luis Obispo County,
CA: Dustin was field lead for the survey within United States Forest Service lands, coordinated
with the Native American Heritage Commission and local tribe members and was the primary
author of the technical cultural resource constraints report.
Central Coast Blue Test Injection Well Extended Phase I Study, City of Pismo
Beach, CA: Dustin managed all cultural resources components including survey, testing and
monitoring and was the lead author on the cultural resources study.
Cathodic Anode Well Project, Santa Barbara County, CA: Dustin was the field lead for
the survey within Bureau of Land Management lands, coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
report.
Organic Liberty Cultivation Project, Santa Barbara County, CA: Dustin was field lead
for the survey, coordinated with the Native American Heritage Commission and local tribe
members and was the primary author of the technical report. In addition, he was the lead for
the cultural resources and tribal cultural resources section in the environmental impact report.
Pacific Gas and Electric Vandenberg-Divide Project, Santa Barbara County, CA: Dustin
was field lead for the survey within Vandenberg Airforce Base lands and was the primary
author of the technical cultural resource constraints report.
Pacific Gas and Electric Gates Tulare Project, Tulare County, CA: Dustin was field
lead for the survey within Bureau of Land Management lands, coordinated with the Native
American Heritage Commission and local tribe members and was the primary author of the
technical cultural resource constraints report.
California High Speed Rail, Madera County, CA: Dustin was field lead for multiple
monitoring and survey efforts, coordinated with the local tribe members and was the primary
author of multiple technical cultural resource reports.
Rexford Solar project, Tulare County, CA: Dustin coordinated with the Native American
Heritage Commission and local tribe members and was the primary author of the technical
cultural resource report. In addition, he was the project manager for the project and assisted
the survey effort.
Bellefield Solar, Mojave, CA: Dustin led the survey and is the project manager for the Phase
II testing. In Addition, Mr. Merrick coordinated with the Native American Heritage Commission
and local tribe members and was the primary author of the technical cultural resource report.
Aratina Solar Project, Mojave, CA: Dustin participated in the survey, coordinated with the
Native American Heritage Commission and local tribe members and was the primary author of
the technical report.
APN 038-260-049 Phase I Cultural Resources Study Project, Kings County, CA: Dustin
conducted a pedestrian survey of the property directly west and south of the Avenal Animal
Shelter, conducted Native American outreach and co-authored the technical report.
Solar Cultural Resources Investigation, Kern County, CA: Dustin served as a crew
member for the pedestrian survey and recorded prehistoric and historic sites using ArcPad GIS
software.
Cave Valley School Extended Phase I Study, Cool, CA: Dustin led the extended Phase I
excavation and was the lead author on the cultural resources study.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xiv
EDUCATION
BA, Anthropology, San Diego State
University, San Diego, California
Minor, Geology, San Diego State
University, San Diego, California
JENNIFER DICENZO
PALEONTOLOGICAL PROGRAM MANAGER
Jennifer has over 10 years of fieldwork and consulting experience in California paleontology and archaeology. She received her BA degree in anthropology with a focus in archaeology and
a minor in geology with a focus on paleontology, at San Diego State University in 2012. She has made substantial contributions supervising field staff, surveying, construction mitigation
monitoring, data recovery, fossil salvage, laboratory fossil preparation, writing technical assessments, developing, and administering monitoring and mitigation plans, report writing,
managing projects, business development and graphic design. Jennifer has coordinated compliance monitoring on a range of projects including renewable energy, transmission lines,
housing and commercial developments, transportation and utility. She has written and supervised the preparation of numerous technical documents including paleontological resources
assessments and technical reports, impact analyses, paleontological mitigation and monitoring plans, paleontological section of if environmental impact reports, environmental
assessment reports, initial studies for mitigated negative declarations, paleontological monitoring reports and paleontological survey reports.
PROJECT EXPERIENCE
County of San Luis Obispo, San Luis Obispo County Paso Basin Land Use
Management Area Planting Ordinance Program Environmental Impact Report, San
Luis Obispo County, CA: As Senior Paleontologist/Project Manager, Jennifer was responsible
for overseeing the paleontological study for incorporation into the Program Environmental
Impact Report. The study included reviewing existing literature and geological mapping to
provide a paleontological resources assessment and sensitivity analysis and provided measures
to mitigate impacts to fossil resources.
City of San Luis Obispo, Utilities Department –Water Resource Recovery Facility
Project, San Luis Obispo County, CA: As Senior Paleontologist, Jennifer was responsible
for providing oversight and coordination of paleontological fieldwork for this ongoing mass
excavation into Quaternary older alluvial deposits.
Southern California Edison – Valle Substation Project, Ventura County, CA: As
Senior Paleontologist/Project Manager, Jennifer was responsible for providing oversight and
coordination of all fieldwork and prepared a summary of findings for a paleontological survey
of a proposed utility improvements project.
City of Port Hueneme –Bubbling Springs Routine Maintenance Agreement Project,
Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer oversaw a
paleontological initial study to be incorporated into the mitigated negative declaration for the
project. The study included reviewing existing literature and geological mapping to provide
a paleontological resources assessment and sensitivity analysis and provided measures to
mitigate impacts to fossil resources.
Caltrans District 8 – French Valley Parkway/I-15 Project, Riverside County, CA: As
Paleontologist, Jennifer was one of two paleontologists responsible for surveying, planning,
construction mitigation monitoring and writing the paleontological technical sections of the
final survey and monitoring reports of results of excavations into the highly sensitive Pauba
Formation in a complex area of the project requiring work on a busy freeway and city streets.
Casitas Municipal Water District – Ventura-Santa Barbara Intertie Project,
Ventura County, CA: As Senior/Project Manager, Jennifer was responsible for managing
paleontological consulting, monitoring, and reporting for several ongoing projects related the
Ventura-Santa Barbara Intertie Project. Jennifer supervised and coordinated paleontological
field personnel and provides guidance related to handling of paleontological resource localities
during excavations into multiple geologic units with a range of sensitivity.
Santa Clarita Valley Water Agency, South Wells PFAS Groundwater Treatment
Facility Project, Ventura County, CA: As Senior Paleontologist/Project Manager, Jennifer
oversaw a paleontological initial study to be incorporated into the mitigated negative
declaration for the project. The study included reviewing of existing literature and geological
mapping to provide a paleontological resources assessment and sensitivity ratings and
provided measures to mitigate impacts to fossil resources during construction of a proposed
per- and polyfluoroalkyl substances treatment facility.
Southern California Edison – Valley South Subtransmission Line Project, Riverside
County, CA: As Senior Paleontologist, Jennifer was responsible for leading a crew of 8+ team
members through 17 miles of a future linear transmission line. All survey work was incorporated
into the Proponents Environmental Assessment (PEA) for Southern California Edison. This
included proper BLM authorization and permitting to conduct surveying and a research design
for field reconnaissance related to the PEA, EIS/EIR documentation for the transmission line.
Greystar/City of San Diego – Sixth and Olive Project, San Diego County, CA: As Project
Manager/Senior Paleontologist, Jennifer was responsible for recovering 70 fossil specimens
from 9 localities. She drafted the budget, prepared the proposal, attended preconstruction
meetings with City of San Diego, provided record search and literature review results, then
applied cross trained archaeological and paleontological field and technical support during the
project, provided project management/scheduling, salvaged fossil specimens, prepared fossil
specimens in the laboratory, curated the fossil collection, and wrote the final paleontological
monitoring report for a mass excavation 70+ feet into San Diego Formation near Balboa Park
in eastern Downtown San Diego.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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RANDY ROMINGER, leed ap, assoc. dbia
Principal-in-Charge
Randy has over 38 years of experience in the construction industry involving the
management of multi-million dollar projects for public and private sector clients.
He has specialized in a variety of project types including parking structures, civic/
municipal, healthcare, corrections and education. Randy is an effective leader who
believes trust, efficient conflict resolution, commitment, personal accountability and a
goal-oriented approach are keys to a happy team and a successful project.
EDUCATION
BS, Construction Management,
Colorado State University
LICENSES & CERTIFICATIONS
General Building Contractor B License #816632, CA
LEED Accredited Professional; Assoc. Design-Build Prof.
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, yak?it?ut?u Residential Community, San Luis
Obispo, CA: A $204 million, 562,446 SF design-build project featuring eight structures with four and five levels
above grade. The project featured single, double and quad units totaling 1,475 beds for first year students and an
associated parking structure totaling 154,363 SF and over 480 stalls.
Madera County Government Center, Madera, CA: A new $40 million, four-story, 131,000 SF administration
building consisting of office space for county officials, customer service areas, board chambers as well as various
conference and meeting rooms. The project also includes a new 400-car parking structure.
San Luis Obispo Regional Transit Authority, Bus Maintenance Facility, San Luis Obispo, CA: A new $17.5
million (construction cost), 28,650 SF, single story bus maintenance facility with over 2,600 SF of mezzanine/
equipment platform located on a 6.44-acre site. The facility accommodates operations, administration and
maintenance areas and includes detached enclosures on-site, including a trash enclosure and canopy over bus
parking. Work also includes off-site improvements, specifically the T-intersection for future Elks Lane realignment.
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at the
Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating and air
conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
MATT CHAPPELL, eit, cep
Estimating Manager
Matt has more than 26 years of experience in private and public construction and design.
His experience includes project management, agency/contractor coordination, scheduling
and project budgets, utility construction and estimating on multiple municipal and
education projects. As a Certified Estimating Professional (CEP) by the Association for the
Advancement of Cost Engineering (AACE), Matt exemplifies the well-rounded construction
estimating professional.
EDUCATION
BS, Civil Engineering, University of Nebraska
LICENSES & CERTIFICATIONS
Engineer in Training #EI-7956, NB
Certified Estimating Professional #130-10
PROJECT EXPERIENCE
San Luis Obispo County, New Animal Shelter, San Luis Obispo, CA: A new $20.3 million, 16,000 SF design-
build Animal Services Facility created to replace the existing animal services shelter constructed in 1975. The new
facility improves public visitation and access, provides expanded services, security and incorporates larger kennel
spaces with allowance for future expansion and overflow.
County of San Luis Obispo, Probation Department Building, San Luis Obispo, CA: A new $16 million, 31,000
SF, two-story office building featuring office space for county probation staff, interview rooms, training, conference
and evidence rooms, armory, secured sallyport, break rooms, locker and changing rooms, restrooms with showers, a
public lobby, parking as well as an emergency generator.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well as
intersection improvements at Arizona Avenue and Chicago Street.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA: A new
$1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to 11-story office
buildings with two multi-floor podiums at the base for the towers. Site improvements include a seven-level parking
garage with 1,294 spaces and an additional 318 surface parking spaces.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance and
operations facilities with a new bus maintenance building, operations building and an administrative office facility,
along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work includes
renovation of the existing building. The facility houses twelve additional executive offices and a new Board Room for
Butte County Association of Governments official board meetings.
AS-NEEDED IN-HOUSE SUPPORT SERVICES
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // APPENDIX xvi
RICK STASSI
Scheduling Manager
Rick has over 45 years of technical and analytical industry scheduling experience, with
a diverse career in the engineering and project management fields. His experience
encompasses project controls, engineering support, customer service and information
technology support as well as scheduling, with excellent interpersonal and team building
skills. Rick is familiar with a wide range of systems and software including Procore, MS Project, Power BI, Primavera,
Prolog and AutoCAD. His experience includes high volume projects across several industries including water/
wastewater, aviation, civic/municipal, commercial and transportation.
EDUCATION
Coursework, Engineering, Sacramento City College
PROJECT EXPERIENCE
California Polytechnic State University, San Luis Obispo, Vista Grande Dining Facility, San Luis
Obispo, CA: A new $39.8 million, 35,000 SF, three-story dining complex facility which replaces a 43-year
old facility. The new complex, which is double the size of the old facility, features six micro-restaurants with
exhibition-style cooking as well as increased seating and lounge space encompassed in a modern LEED Gold
certified building.
San Luis Obispo County Community College District, Measure L Bond Program, San Luis Obispo, CA: A
$275 million bond program which addresses crucial facility needs, including a new instructional building on the
San Luis Obispo campus, a new campus center, a new career training facility and new early childhood center at
the Paso Robles campus; the replacement of temporary classrooms, and repairs and upgrades to roofs, heating
and air conditioning units, aquatic center and other infrastructure and utilities technology upgrades.
California Department of General Services, Richards Boulevard Office Complex, Sacramento, CA:
A new $1 billion design-build office campus totaling approximately 1.25 million GSF consisting of four 7- to
11-story office buildings with two multi-floor podiums at the base for the towers. Site improvements include a
seven-level parking garage with 1,294 spaces and an additional 318 surface parking spaces.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has
a three level parking structure and a two-story office portion above the parking garage. This project is designed
to achieve LEED Gold certification.
Atascadero Unified School District, Measure I-10 & B-14 Bond Program, Atascadero, CA: A $126.2
million bond program providing expansion of vocational education programs and facilities, computer and
technology upgrades and construction of a new science, technology, engineering and math facility at the high
school as well as a new administration/classroom building at the middle school.
HEATHER BROWN, pe, cpmp, leed ap
Engineering & Architectural Services Director
Heather brings more than 27 years of experience in the construction industry, where she
has worked on a wide variety of public, higher education and commercial facilities. Her
experience includes project management, mechanical and plumbing design, assessing
and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD
drawings. Heather is responsible for the management of engineers and architects working with code, access
compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies,
specifications development, needs assessments, master planning studies, facility assessments and construction
inspections.
EDUCATION
MBA, Finance, California State University Sacramento
BS, Mechanical Engineering, University of Portland,
Oregon
LICENSES & CERTIFICATIONS
Mechanical Engineer #M31667, CA
LEED Accredited Professional
Commissioning Process Management Professional
PROJECT EXPERIENCE
San Luis Obispo Community College District, Photovoltaic Feasibility Study - Main and North Campus,
San Luis Obispo, CA: Kitchell performed a study exploring the feasibility of installing on-site solar photovoltaic
systems at Cuesta College’s Main and North Campus. The report investigated the electrical demand of the
campuses over the pre-pandemic fully operating time frame of 2018-2020, the existing electrical site conditions,
and civil infrastructure to determine the feasibility of installing an on-site solar photovoltaic system.
Civic Park Condominiums, Cupertino, CA: Mechanical Engineer for this 132,000 SF, 4-story mixed development
with 80 condominium units and 20,000 SF of retail and office space. The project also included a 120,000 SF, 3-level
parking garage.
Sacramento Municipal Utility District, SMUD Headquarters Rehabilitation, Sacramento, CA: A $135
million complete renovation of the 120,000 SF office building and 45,000 SF parking garage. The north wing has a
three level parking structure and a two-story office portion above the parking garage. This project is designed to
achieve LEED Gold certification.
City of Chandler, Oregon Street Parking Structure, Chandler, AZ: A new $23 million, five-level, 293,000 SF,
932-space parking garage for the City of Chandler, which includes a road realignment along Oregon Street as well
as intersection improvements at Arizona Avenue and Chicago Street.
Butte County Association of Governments, Butte Regional Transit Operations Center (BRTOC), Chico,
CA: A new $38 million, 41,000 SF LEED Silver certified transit facility built to replace the outdated maintenance
and operations facilities with a new bus maintenance building, operations building and an administrative office
facility, along with associated on-site and off-site improvements, including an 8,000 SF tenant improvement. Work
includes renovation of the existing building. The facility houses twelve additional executive offices and a new
Board Room for Butte County Association of Governments official board meetings.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
1540 Marsh Street, Suite 150
San Luis Obispo, CA 93401
www.kitchell.com
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
EXHIBIT C
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 1
Fee Proposal Within a separate sealed envelope, submit a complete fee proposal for the scope of services. Provide separate
subtotals for Phase 1B and Phase 2 broken down by task and staff billing rates with estimated hours. Clearly identify
fees for subconsultant services.
Compensation for Services
Kitchell’s philosophy for determining our compensation for services is driven by matching value to cost. In other
words, we strive to provide the most appropriate complement of services and delivery methods to meet your
objectives. Our primary goal is to align our understanding of the project success factors with your expectations.
Our approach can be best described as “bottom-up-planning,” where we define the tasks to be performed, produce
a detailed scope of services, identify staff that will implement the tasks, calculate the staff time requirement for
each task and determine the resulting compensation. We believe this method provides you with the most cost-
effective fee for the services provided.
Typically, we prefer to be compensated on a lump sum fixed fee basis derived by using the approach just described.
This arrangement eliminates the perception that the construction manager would benefit financially from
construction cost overruns and change orders. We do not make it a practice to request changes to our contract for
minor scope changes, or for major scope changes which can be managed within our established staffing plan and
schedule.
Billing amounts are determined using the method most appropriate to match the cost of carrying out our services.
We are accustomed to billing using various compensation methods, which include: a fixed billing schedule,
percentage of project/contract completion, and predetermined hourly rates, among other methods. Kitchell has
worked under many different compensation methods and is flexible in meeting your preferences.
Reimbursable Expenses
Reimbursable expenses are those customary and reasonable costs associated with carrying out our Construction
Management services and includes subconsultant invoices, Resident Engineer’s travel, printing, postage, and a
copier/scanner for the job site office. We will charge only actual costs plus 10% to cover invoice processing and
insurance. We understand the Phase 2 construction contract will include provisions for the contractor to provide an
office space and a conference room for the construction management team including electricity, phone, internet,
water, and sanitation services. Preconstruction services and Phase 1B construction services will be managed from
our San Luis Obispo Office.
Proposed Fees
Phase 1B and Phase 2 fees are summarized below and broken down in detail by task and staff billing rates with
estimated hours in the succeeding table. Subconsultant fees are identified within their respective tasks and
include Kitchell’s mark-up on their fees. Our fee is based upon utilizing a full-time Project Inspector provided by
Earth Systems. This position may not be redundant with City inspection, and if eliminated, would render $852,720
savings. Refer to the attached subconsultant fee proposal for further information regarding assumptions each firm
used in deriving their fees. Rincon’s fees are for basic services. Their fee proposal also includes optional services the
City may wish to consider.
Our fees are based upon the scope of services described in Appendix A of the RFP and the following durations:
Preconstruction services, 3-4 months from commencement of services to start of Phase 1B construction; Phase
1B, 6 months construction with post-construction concurrent with Phase 2 construction; Phase 2, 23 months
construction in sequence with Phase 1B construction followed by 3 months for post-construction.
Please see the following page for details.
Task Phase 1B Phase B
Task 1: Preconstruction Services $41,750 $22,500
Task 2: Construction Services $584,580 $2,788,440
Task 3: Geotechnical & Materials Testing & Specialty Inspection $111,553 $469,975
Task 4: Surveying $3,960 $19,800
Task 5: Construction Environmental Mitigation & Monitoring $29,638 $28,679
Task 6: Post-Construction Services $12,200 $126,500
Grand Totals:$783,681 $3,455,894
EXHIBIT C
REVISED 11.9.2022
$3,436,094
$405,060
$600,201
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 2
Description
Rate/
Unit Price
Phase 1B Phase 2
Hrs/Units Amount Hrs/Units Amount
Task 1: Preconstruction Services
Project Director $230 12 $2,760 2 $460
Resident Engineer $220 76 $16,720 40 $8,800
Assistant Resident Engineer/Sr. PM $205 76 $15,580 40 $8,200
Sr. Scheduler $180 20 $3,600 16 $2,880
Sr. Estimator $180 8 $1,440 12 $2,160
Reimbursable Expenses Allowance -$1,650 -$0
Task 2: Construction Services
Project Director $230 48 $11,040 184 $42,320
Resident Engineer $220 96 $21,120 736 $161,920
Assistant Resident Engineer/Sr. PM $205 920 $186,600 3,680 $754,400
Quality Assurance Manager $170 960 $163,200 3,660 $622,200
Project Engineer ---3,600 $396,000
Project Inspector (By Earth Systems)$187 960 $179,520 3,600 $673,200
Sr. Scheduler $180 72 $12,960 300 $54,000
Sr. Estimator ---200 $36,000
Reimbursable Expenses Allowance -$8,140 -$48,400
Task 3: Geotechnical and Materials Testing and Specialty Inspection (Performed by Earth Systems)
Earth Systems’ Fee with Kitchell
Mark-up Quotation -$111,553 -$469,975
Task 4: Surveying (Performed by RRM)
RRM’s Fee with Kitchell Mark-Up Quotation -$3,960 -$19,800
Task 5: Construction Environmental Mitigation and Monitoring (Performed by Rincon)
Rincon’s Fee with Kitchell Mark-Up Quotation -$29,638 -$28,679
Task 6: Post-Construction Services
Project Director ---24 $5,520
Resident Engineer ---24 $5,280
Assistant Resident Engineer/Sr. PM ---96 $19,680
Quality Assurance Manager $170 20 $3,400 240 $40,800
Project Engineer $110 80 $8,800 480 $52,800
Reimbursable Expenses Allowance -$0 -$2,420
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 3
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 2
Scope of Work
Phase 1B
Task 1 Project Initiation and Project Management
This task includes project management, client coordination, quality assurance/quality control, and
administration needed to prepare and execute the mitigation and monitoring plan for the project. The
Rincon Principal and/or Project Manager will participate in one (1) project kickoff call with Kitchell and
City staff. As part of this task, Rincon will undertake ongoing environmental compliance coordination
with Kitchell and the City, review the overall project schedule, and establish a communication protocol
to coordinate project changes or other issues that may arise throughout the duration of Phase 1B and
Phase 2 construction activities. The project management task will also focus on maintenance of the
project schedule.
Rincon will manage the project team associated with environmental compliance activities including any
optional tasks (if necessary), on-site monitoring, and reporting; coordinate the environmental review
process schedule; and provide project updates for the environmental compliance. Rincon’s principal in
charge and/or project manager will review and comment on the meeting minutes project status and
budget updates. In addition to the kickoff meeting, Rincon proposes to attend up to six (6) coordination
meetings with Kitchell and City staff, if applicable.
Task 2 Nesting Bird Surveys and Reporting
As outlined in the Plan, project activities that occur during the nesting bird season (February 1 through
August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more than
three days prior to the initiation of ground disturbance and/or vegetation removal activities.
A qualified Rincon biologist will conduct a nesting bird survey within three days prior to ground
disturbing and/or vegetation removal activities for Phase 1B and Phase 2 as two separate surveys based
on our understanding of the timing for each of these phases (see task 7). The nesting bird surveys will be
conducted within the project boundary plus a 500-foot buffer for raptors and within the project area
plus a 300-foot buffer for all other bird species where safely and legally accessible. The surveys will be
conducted on foot within all accessible areas. Binoculars will be used for all inaccessible areas (e.g.,
private lands).
This scope of work and associated cost assumes an individual nesting bird survey and report will be
required for each of two phases: Phase 1B and Phase 2. Each nesting bird survey can be completed by
one biologist in a single 4-hour day. If active an active nest(s) is found during a given survey, additional
field time will be required to complete the survey (i.e., observation and documentation time necessary
to assess nesting status such as clutch size and egg/fledging presence) and will be included as an
amendment. If either of the project’s phases are to occur outside of the nesting bird season, a nesting
bird survey and report will not be prepared for that phase.
Upon completion of each nesting bird survey, Rincon will prepare a brief letter report that includes the
purpose, methodology, and results. If active nests are found, a figure depicting the nest(s) location will
be prepared. The reports will include a recommended avoidance buffer and monitoring period if an
active nest is found within the survey area. Since the number of nests that may be identified is
unknown, our cost does not include installing nest buffer(s), additional coordination, or monitoring the
Rincon Consulting
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 3
active nest(s). If required, these monitoring tasks will be included as an additional scope of work to be
authorized by the City prior to completion. The cost for this task assumes the draft letter reports will be
submitted electronically for client review. Response to comments with up to two hours of staff time for
each report is included. The final drafts will be compiled and submitted electronically.
Task 3 Archaeological Construction Monitoring and Reporting for Phase 1B
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 1B
activities. Additionally, a qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior’s Professional Qualifications Standard for archeology, shall be retained to
oversee all mitigation measures related to archaeological resources, outlined in the following tasks.
Task 3.1 Project Kickoff and WEAP Training
Prior to the start of construction, Rincon will prepare a WEAP training program. The training will be
presented to all on-site personnel and will include a briefing regarding the types of archaeological
resources and/or fossils that could be found in the project area and the procedures to follow should
archaeological or paleontological resources be encountered. The training will also include a discussion of
applicable laws and penalties for removal or disturbance of archaeological or paleontological materials
found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be accomplished at the pre-construction kick-off meeting and will be conducted by the
Qualified Archaeologist, Qualified Paleontologist, or their designated representative(s).
Task 3.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 1B of the project. The monitor shall be on-site on a full-time basis
during initial earthmoving activities, including grading, trenching, vegetation removal, or other
excavation activities. Under consultation between the qualified archaeologist and the City, monitoring
may be reduced or eliminated based on observed conditions. The qualified archaeologist will observe
soil disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources
are encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the
event resources potentially significant under CEQA are encountered, further investigation beyond the
scope of work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 4
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 4 Paleontological Construction Monitoring for Phase 1B
Task 4.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Optional Task 5 Historic American Building Survey Documentation
Phase 1B and 2 are subject to the requirements of MMRP Measure CR-1 outlined in the Final EIR MMRP,
which requires historic American building survey documentation prior to construction. If authorized,
Rincon will prepare the required Historic American Building Survey (HABS)-level III documentation of
two buildings, 610 and 614 Monterey Street prior to initiation of Phase 1B and Phase 2 construction
activities.
For this effort, Rincon’s project team will be led by Architectural History Project Manager JulieAnn
Murphy with oversight provided by Architectural History Principal Shannon Carmack. Both Ms. Murphy
and Ms. Carmack meet and exceed the Secretary of Interior’s Professional Qualification Standards (PQS)
for History and Architectural History (36 CFR, Part 61). Additionally, they have prepared several HABS-
like documentation packages for buildings and structures located throughout California.
Photographs
A Rincon Architectural Historian meeting the PQS Standards will conduct site visits to 610 Monterey
Street and 614 Monterey Street. The purpose of the site visit will be to photograph the buildings.
Photographs will be taken using a professional-quality single lens reflex digital camera. Large-format
photographs and site drawings/plans will not be included as a component of the HABS package; either
can be provided but would require a contract amendment. Images captured will include context views,
elevations/exteriors, architectural details, overall interiors, and interior details (if warranted). A
Kitchell
Proposal to Provide Construction Environmental Mitigation and
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Page 5
maximum of 30 views of each building will be taken. The actual number of views obtained will depend
upon site conditions, access, and safety considerations.
Rincon assumes the City’s staff will facilitate access to the buildings, including the interiors and exteriors
of the buildings. Given the close proximity of the buildings, Rincon further assumes one site visit will be
sufficient to complete documentation. Following completion of the site visit, Rincon will upload
photographs to an FTP site for review by the City to confirm that the photographs are adequate and will
satisfy the HABS documentation requirements.
Supplemental Research and Preparation of HABS Reports
Rincon will prepare a HABS-level III report for the buildings in a format consistent with the Secretary of
the Interior’s Standards and Guidelines for Architectural and Engineering Documentation: Historic
American Building Survey. The report will include a physical description of the buildings and available
information on their design and history. It will document the buildings’ construction history,
architecture, and historical significance. Rincon will draw on existing documentation to the greatest
extent feasible and will perform additional research as needed. The scope for this task does not include
preparation of updated Department of Parks and Recreation (DPR) forms.
Compilation of HABS Documentation Packages
Upon completion the tasks described above, Rincon will assemble a HABS-level III documentation
package for each building. The package will include photographs and the HABS-level III report. It will
integrate any additional data collected. A map indicating the location from which each photograph was
taken, and a photograph log, will be included for reference. A draft digital copy of each package will be
submitted to the City for review and approval, following which point it will be finalized.
Following finalization, Rincon will send original hard copies of the packages to San Luis Obispo Library
and the History Center of San Luis Obispo County to satisfy the specific requirements of MMRP Measure
CR-1. The photographs and the report will be printed on acid-free archival-bond paper and labeled and
stored in archival sleeves and folders accordingly. The entire package will be housed in an acid-free
storage container prior to delivery. Should additional hard or electronic copies of the documentation
packages be requested, a change order will be necessary.
Optional Task 6 Extended Phase 1 Testing
Based on the findings of the Mitigation and Monitoring Plan prepared by Rincon in 2022, the anticipated
method for investigating subsurface remains associated with CA-SLO-2431H is through an Extended
Phase 1 (XPI) investigation consisting of mechanical backhoe trenching subsequent to demolition and
pavement removal. Use of a backhoe will allow for an expedited review of the soil profiles and an
assessment as to the potential to encounter buried archaeological deposits. The area of disturbance for
demolition and pavement removal for Phase 1B and Phase 2 of the project is approximately 300 feet by
200 feet. Therefore, four backhoe trenches oriented from east to west and spaced approximately 20
meters (66 feet) apart will be necessary. Rincon assumes the XPI investigation will be negative for
subsurface archaeological material that will require formal evaluation. In the event subsurface deposits
that require such evaluation are identified during the XPI investigation, a budget amendment would be
necessary to document and evaluate the finds. If the XPI investigation is positive, a Phase 2 significance
evaluation may also be necessary to determine if the project will have a significant impact on the
resource and to evaluate the deposit(s) for significance under CEQA. If an intact archaeological deposit is
encountered during the Phase 2 that cannot be avoided by project design, a Phase 3 data recovery
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Proposal to Provide Construction Environmental Mitigation and
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excavation of the deposit would likely be necessary to mitigate impacts. Phase 2 and Phase 3 testing
would require a separate scope of work and cost.
Optional Task 6.1 Extended Phase 1 Testing Plan
Rincon will prepare an XPI work plan upon authorization. The work plan will include a discussion of the
goals of the study, methods to be employed, and factors that determined the scope. Rincon assumes
this plan will be submitted electronically and approved with a single combined round of comments from
the City.
Optional Task 6.2 Extended Phase 1 Fieldwork
This work effort will be conducted under the direction of Rincon archaeologist Dustin Merrick, MA, RPA,
who meets the Secretary of the Interior’s Professional Qualification Standard for prehistoric and historic
archaeology. Under the direction of the Qualified Archaeologist, two Rincon archaeologists will direct
the mechanical excavation of a series of up to four (4) trenches totaling approximately 800 linear feet to
assess the presence or absence of subsurface archaeological deposits associated with CA-SLO-2341H
within the project site. XPI fieldwork will require a two-person crew for no more than five (5), eight (8)
hour days inclusive of travel time. Trenching will be performed by a qualified excavation contractor
under the direction of the Rincon field director. This scope of work assumes costs for the excavation
contractor will not exceed $1,200 per day. Rincon assumes that the presence of a Native American
monitor will not be required for excavation activities, as no prehistoric resources are anticipated.
For the purposes of this proposal, Rincon estimates that no more than four (4) trenches will be
excavated. Excavation will be conducted using a standard backhoe fit with a flat blade. Excavation will
be conducted in small lifts (10 to 20 cm) so that any archaeological materials, features or deposits can
be identified immediately upon exposure. Stratigraphic soil profiles will be drawn of at least one side
wall of a representative sample of the trenches.
In lieu of hand excavation, Rincon will screen samples of excavated soils from the trenches to identify
the amounts and types of artifacts and ecofacts that may be present in particular soil strata. Samples
will be screened from different stratigraphic layers as identified in the field and at systematic intervals
during trenching. The excavated soils will be dry screened through 1/8-inch (3-millimeter) mesh.
Artifacts and ecofacts recovered during screening will be analyzed and documented in the field; no
artifacts, samples, or specimens will be collected during the testing and no laboratory analysis is
currently proposed. Artifacts recovered will be reburied within the trenches during backfilling.
Excavation forms will be prepared providing all pertinent data (e.g., trench number, date, provenience,
location justification, and termination justification). All excavation locations will be recorded using a sub-
meter-accurate handheld GPS unit and documented both with notes and photographs. Should feature(s)
be encountered that require hand excavation, Rincon will expose the feature so that it can be identified
and its location recorded but will not complete full excavation of the feature. Complete recovery of the
feature would be proposed for Phase 3 efforts, if needed. Should the feature consist of human remains,
Rincon will cease work and notify the Kitchell, the City and the County Coroner. Rincon will submit a
budget augmentation for the additional work related to the treatment of human remains that are
Native American in origin.
Optional Task 6.3 Extended Phase I Reporting
Rincon will prepare a technical report to document the results of the investigation. The report will be
prepared following the California Office of Historic Preservation’s Archaeological Resource Management
Kitchell
Proposal to Provide Construction Environmental Mitigation and
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Page 7
Reports (ARMR) Guidelines. The report will include a discussion of the findings of the study and all
appropriate maps, figures, photographs, and tables. The report will also provide management
recommendations for the project and outline procedures to be followed in the event of an
unanticipated discovery during project construction. No more than one round of revisions to the XPI
report will be necessary following review by Kitchell and the City.
In addition to the XPI testing report, Rincon will prepare Department of Parks and Recreation 523 series
forms to update the existing resource record (CA-SLO-2341H) that was identified within the current
project boundaries.
Phase 2
Task 7 Nesting Bird Surveys and Reporting
As described under Task 2, project activities that occur during the nesting bird season (February 1
through August 31) to be supported by a nesting bird survey conducted by a qualified biologist no more
than three days prior to the initiation of ground disturbance and/or vegetation removal activities. Upon
completion of the nesting bird survey, Rincon will prepare a brief letter report that includes the purpose,
methodology, and results as described in greater detail under Task 2.
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
As discussed in the Plan, archaeological monitoring is required during initial ground disturbance. Rincon
will conduct the required archaeological construction monitoring and reporting during Phase 2 activities.
Additionally, a qualified principal investigator, defined as an archaeologist who meets the Secretary of
the Interior’s Professional Qualifications Standard for archeology, shall be retained to oversee all
mitigation measures related to archaeological resources, outlined in the following tasks.
Task 8.1 Project Kickoff and WEAP Training
Rincon will present the previously prepared WEAP for Phase 1B during the initiation of Phase 2
construction activities. The training will be presented to all on-site personnel and will include a briefing
regarding the types of archaeological resources and/or fossils that could be found in the project area
and the procedures to follow should archaeological or paleontological resources be encountered. The
training will also include a discussion of applicable laws and penalties for removal or disturbance of
archaeological or paleontological materials found on site.
The training will provide instruction for workers with procedures to follow in the event of an
archaeological resource or fossil discovery, including reporting procedures, and will provide contact
information for the on-site monitor(s), Qualified Archaeologist, and Qualified Paleontologist. This
training will be conducted on the first day of Phase 2 construction monitoring. Rincon assumes the
Phase 1B WEAP will be sufficient and new WEAP or any preconstruction preparation will be required
Task 8.2 Archaeological Monitoring
Rincon will provide a qualified archaeologist to observe all project-related ground-disturbing
construction activities for Phase 2 of the project. The monitor shall be on-site on a full-time basis during
initial earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions. The qualified archaeologist will observe soil
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
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disturbances, inspect exposed soils, and will re-direct equipment in the event potential resources are
encountered. The monitor will conduct a cursory inspection of any discoveries; however, in the event
resources potentially significant under CEQA are encountered, further investigation beyond the scope of
work described may be required. The monitor will prepare daily monitoring logs that include a
description of construction activities, soil descriptions (color, grain size, sediments, etc.), and cultural
materials identified, if any. The monitoring logs will be reviewed as necessary by a Rincon senior
archaeologist and filed at Rincon’s San Luis Obispo office. Rincon requires that construction staff provide
48-hour notice for mobilization of a monitor. Rincon will provide up to five (5), 8-hour days of
archaeological monitoring at a day rate of $1500 per day. Should more than 5, 8 hour days for
monitoring be required, Rincon can provide additional monitoring at the standard $1500 day rate
Rincon will charge a half day rate of $800 for every day the monitor is on-site for less than 4 hours or if
work is cancelled without 48 hours notification.
Rincon assumes no cultural resources will be encountered during monitoring. A scope and budget
augmentation will be requested to address finds encountered during monitoring. This scope and cost do
not include analysis, laboratory preparation, or documentation of identified cultural resources
discovered during monitoring. In the event cultural resources are encountered during the construction,
all work shall be halted in the vicinity of the discovery until a qualified archaeologist can assess the
significance of the resource. If the resources are found to be significant, they must be avoided or
mitigated pursuant to the qualified archaeologist’s direction and mitigation measures outlined in the
Plan. Mitigation may involve preservation in place or documentation and excavation of the resource. A
report by the archaeologist evaluating the find and identifying mitigation actions taken shall be
submitted to the Kitchell and the City.
Task 8.3 Archaeological Monitoring Letter Report
Upon completion of the monitoring effort, Rincon will prepare a letter report that will describe the
results, analysis, and conclusions of the archaeological monitoring effort. The letter report will be
submitted to Kitchell and the City for review and approval within 30 days following the completion of
monitoring. Rincon will respond to one (1) round of consolidated, minor comments on the draft letter
report from Kitchell and the City staff. A copy of the final version of the letter report will be submitted to
the City within 30 days of approval. All deliverables will be presented electronically. After the final copy
is accepted by the City, the final report will be submitted to the Central Coast Information Center.
Rincon assumes the archaeological monitoring letter report findings will be negative. Should a resource
be discovered during archaeological monitoring, Rincon will request a scope and budget augmentation
for the additional scope and cost. Rincon assumes that a single letter report for Phases 1B and 2 will
suffice; therefore, we have budgeted a single letter report as a cost-saving measure.
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring
Rincon will provide a qualified paleontological monitor to be on site during initial project-related
ground-disturbing activities of 10 feet or more in depth within previously undisturbed sediments. The
monitor will inspect excavated or graded areas and trench sidewalls for evidence of paleontological
resources. Monitoring procedures may also include onsite sample screening of sedimentary matrix for
the presence of microfossils, at the discretion of the Qualified Paleontologist. Rincon will provide up to
five (5), 8-hour days of paleontological monitoring. Rincon will charge a minimum 4 hours/day for every
Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
Page 9
day the monitor is on-site for less than 4 hours or if work is cancelled without proper notification. An
approximate daily monitoring rate for paleontological services would be $1,500 per day.
If fossils are discovered, the monitor will temporarily divert construction to assess the find. If deemed
scientifically significant or potentially significant, the monitor will collect the fossil specimen(s) and
pertinent associated data in a manner that would minimize or avoid construction delays. All scientifically
significant fossils recovered during monitoring will be prepared, identified, and curated permanently
into a permanent repository.
Task 9.2 Paleontological Negative Findings Letter Report
Rincon will prepare a final monitoring letter report that will outline the methodology of paleontological
monitoring at the project site, describe the construction activity and duration, describe the lithology of
the depositional units exposed during excavations, and present the results of the monitoring. The level
of effort to complete a monitoring report is dependent on the number of resources recovered during
monitoring activities. Rincon assumes that a single letter report for Phases 1B and 2 will suffice;
therefore, we have budgeted a single letter report as a cost-saving measure.
Assumptions
Our scope of work and cost for this project has incorporated the following assumptions.
▪ This proposal assumes no cultural resources will be discovered during cultural resources monitoring
and the current scope of work and cost estimate does not include analysis, collection, laboratory
preparation, or documentation of identified cultural resources discovered during monitoring. A
scope and budget augmentation will be requested to address finds encountered during monitoring.
▪ Access to the project boundary will be provided by Kitchell. The project boundary within private
lands will be surveyed with the use of binoculars for the nesting bird survey.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ One WEAP training by the archaeological and paleontological monitors on the first day of
monitoring will be sufficient to train the entire construction crew and no additional WEAP training
will be necessary. If additional training for new crew members is needed, Rincon can provide
recorded presentations.
▪ Rincon assumes negative findings during paleontological monitoring, and the current cost estimate
does not include expenses related to the treatment and curation of fossil specimens. Should fossils
be recovered during monitoring, Rincon will immediately prepare an estimate for the anticipated
costs associated with documentation and reporting requirements for the discovery.
▪ Kitchell will provide current project site plans for inclusion in the Archaeological Monitoring
Technical Memorandum
▪ In light of the current COVID-19 pandemic, Rincon staff will conduct the nesting bird survey in
accordance with the most current relevant, local COVID-19 safety protocols and social distancing
guidance.
▪ Rincon is not responsible for damage to subsurface structures, utilities, pipelines, or other objects
that are not marked or identified to us by client or Underground Service Alert utility notification
service, provided that we have made appropriate inquiries to USA utility notification services.
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Kitchell
Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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▪ Rincon assumes that the extended Phase I testing will not discover a resource that could be
considered a historical resource under CEQA, and the current scope of work and cost estimate does
not include analysis, collection, laboratory preparation, or documentation of identified cultural
resources discovered during testing. If a cultural resource be discovered that has the potential to be
a historic resource under CEQA, a scope and budget augmentation will be requested to address
finds encountered during testing.
▪ Rincon is not responsible for delays due to weather, site conditions (e.g., prohibited access, flooding,
fire, safety) or other conditions out of Rincon’s control.
▪ If additional effort is required beyond that identified in the work program outlined above, Rincon
will perform the work on a time and materials basis with an amendment of the project cost and
scope of work approved by Kitchell. These rates do not include overtime or penalties for missed
meal periods. Should overtime be required, hours greater than eight (8) hours per day onsite or 40
hours per week onsite will be charged at a rate consistent with California state law (generally 1.5
times). As part of this work program, Rincon assumes a meal period will be allotted before the fifth
hour of work. If a meal period is not allotted by the end of the fifth hour on any workday, an
additional hour of labor will be charged. No additional services would be provided without receipt of
prior written approval.
Schedule
Construction monitoring activities (Tasks 2, 3, 4, and optional Tasks 5 and 6) would proceed alongside
the planned project construction schedule for Phase 1B. Similarly, construction monitoring activities
(Tasks 7, 8, and 9) would proceed alongside the planned project construction schedule for Phase 2.
Cost
Rincon will complete the work scope for the tasks identified above to not exceed of $53,016 for Tasks 1
through 4 and $107,163 including all optional tasks. No other services will be provided without your
express written authorization. Please see Table 1 below for a cost breakdown of each task.
Table 1 Cost Summary
Tasks Cost
Phase 1B
Task 1 Project Initiation and Project Management $4,165
Task 2 Nesting Bird Surveys and Reporting $3,265
Task 3 Archeological Construction Monitoring and Reporting for Phase 1B
Task 3.1 Project Kickoff and WEAP Training $2,508
Task 3.2 Archaeological Monitoring $8,503
Task 4 Paleontological Construction for Phase 1B and Phase 2
Task 4.1 Paleontological Monitoring $8,503
Optional Task 5 Historic American Building Survey Documentation $19,609
Optional Task 6 Extended Phase 1 Testing
Optional Task 6.1 Extended Phase I Testing Plan $4,744
Optional Task 6.2 Extended Phase I Fieldwork $23,204
Optional Task 6.3 Extended Phase 1 Reporting $6,590
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Proposal to Provide Construction Environmental Mitigation and
Monitoring Services for the Cultural Arts District Parking Structure Project
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Phase 2
Task 7 Nesting Bird Surveys and Reporting $3,265
Task 8 Archaeological Construction Monitoring and Reporting for Phase 2
Task 8.1 Project Kickoff and WEAP Training –
Task 8.2 Archaeological Monitoring $8,503
Task 8.3 Archaeological Monitoring Letter Report $3,739
Task 9 Paleontological Construction Monitoring for Phase 2
Task 9.1 Paleontological Monitoring $8,503
Task 9.2 Paleontological Negative Findings Letter Report $2,062
Total $107,163
All work will be performed on a time and materials basis in accordance with the work scope outlined
above. Should the actual effort required to complete the tasks be less than anticipated, the amount
billed will be less than the total cost outlined above. This cost estimate is in effect for a period of 30
days, during which time all of the elements of this proposal are fully negotiable to meet the needs of
Kitchell.
This work effort will be managed by Rincon Project Manager Dustin Merrick, M.A., Registered
Professional Archaeologist (RPA), and Rincon Principal Christopher Duran, M.A., RPA. Both Mr. Merrick
and Mr. Duran meet the Secretary of the Interior’s Professional Qualification Standards for prehistoric
and historic archaeology (NPS 1983).
Rincon is prepared to begin the work scope outlined above following receipt of a signed copy of this
proposal as well as a retainer of $13,250 (approximately 25 percent of the proposed budget, not
including optional tasks).
Thank you for your consideration and for this opportunity to support your project. If you have any
questions regarding this proposal, please contact Mr. Merrick at (805) 762-4064 or
dmerrick@rinconconsultants.com, or Mr. Duran at (805) 644-4455, extension 22 or
cduran@rinconconsultants.com.
Sincerely,
Rincon Consultants, Inc.
Dustin Merrick, MA, RPA
Project Manager/Archaeologist
Christopher Duran, MA, RPA
Principal/Senior Archaeologist
Attachments
Attachment 1 Reference List
Attachment 2 Resumes of Key Personnel
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
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RRM Design Group
1
SCOPE OF SERVICES
TASK S.1: CONSTRUCTION STAKING
This task will include the following:
SUBTASK S.1A: PHASE 1B STAKING
Rough Grade/Shoring Staking
• One (1) set of rough grade and shoring offset stakes with grades to finish grade
SUBTASK S.1B: PHASE 2
Sawcut
• One (1) set of stakes will be provided for sawcut lines
Sewer
• One (1) set of offset stakes will be provided for sewer services with grades to flowline
Water
• One (1) set of offset stakes will be provided for water services with grades to finish the surface or top
of curb
Storm Drain
• One (1) set of offset stakes at an interval of no greater than 50 feet, angle points and tees with grades
to flowline. Double offsets will be provided for utility holes, drainage chambers and drain inlets with
grades to flowline in/flowline out and rim/top of grate
Building
• One (1) set of offset stakes at grid lines 1 through 14, A, A.1, A.3, A.4, A.6, A.8, A.9, B, B.2, B.3, B.6,
B.7, C, C.1, C.2, C.3, C.5, C.6, C.7, C.8, D, E for level one (1) with grades to finish surface
Walls
• One (1) set of offset stakes to centerline of wall with grades to top of footing or finish surface.
• Street lights/transformers/vault
• One (1) set of double offsets stakes to street lights transformers and vaults with grades top of curb or
finish surface
• Curb, flatwork
• One (1) set of offset stakes to face of curb at an interval of no greater than 50 feet along straight
sections and interval of no greater than 25 feet on curves sections, grade breaks, angle points and
radius points with grades to top of curb or finish surface
NOTE: Gas lines and conduits are not included in this proposal
2
MOVE-IN SCHEDULE:
It will be the contractor’s responsibility to review the following move-in schedule with respect to possible
phasing and overall project schedule. Any changes to this move-in schedule must be made prior to the
award of contract.
MOVE-IN SCHEDULE AND FEES
Item No. Description No. of Move-ins
1 Rough Grade/Shoring 2
2 Sawcut 1
3, 4 Sewer/Water 1
5 Storm Drain 1
6 Building 1
7 Walls 1
8 Street Lights/Transformers/Vault 1
9 Curb, Flatwork 3
Total Moves to Site: 11
Deliverables:
• Construction Stakes
Fixed Fee:
• Subtask S.1A: $3,600.00 (see footnote 1) This fee is based on prevailing wage
• Subtask S.1B: $18,000.00 (see footnote 1) This fee is based on prevailing wage
TASK S.2: RE-STAKING AND ADDITIONAL SERVICES
All re-staking and services beyond the scope of work described herein will be performed on an hourly basis
based on standard billing rates at the time the services are requested.
Fee: Time and Materials
• Hourly (see footnote 2)
Fee Footnotes
1. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount
stated in the contract for the task is invoiced.
2. Amounts billed for tasks shown as “Time and Materials” (T&M) will reflect actual hours worked.
TOTAL RRM SERVICE FIX FEES: $21,600.00
Any work outside the scope of the original agreement between RRM Design Group and the Client and
authorized by Client, is subject to the Terms and Conditions of the Prime Agreement.
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BILL RATE RANGES
Subject to change effective March 1st each year
EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year
ARCHITECTURE INTERIOR DESIGN
Architect 95$ -155$ Designer I 60$ -95$
Associate Manager of Architecture 140$ -200$ Designer II 70$ -120$
Design Director 145$ -240$ Interior Designer I 75$ -125$
Designer I 70$ -100$ Interior Designer II 90$ -150$
Designer II 80$ -125$ Intern 45$ -85$
Designer III 95$ -150$ Job Captain 105$ -165$
Intern 45$ -85$ Senior Interior Designer 110$ -195$
Job Captain 95$ -150$
Manager of Architecture 165$ -280$ LANDSCAPE ARCHITECTURE
Principal 185$ -350$ Assistant Designer 70$ -110$
Project Architect 115$ -185$ Associate Designer 80$ -125$
Project Designer 115$ -185$ Designer 95$ -140$
Project Manager 115$ -185$ Design Director 135$ -235$
Senior Architect 135$ -235$ Intern 45$ -85$
Senior Designer 135$ -220$ Landscape Architect 95$ -145$
Senior Project Manager 135$ -240$ Manager of Landscape Architecture 150$ -245$
Principal 185$ -350$
ENGINEERING & SURVEYING Principal Landscape Architect 135$ -235$
Associate Engineer 115$ -170$ Senior Landscape Architect 115$ -175$
Construction Inspector 105$ -175$
Designer I 55$ -95$ PLANNING
Designer II 75$ -125$ Assistant Planner 90$ -130$
Designer III (Structural only)90$ -135$ Associate Planner 105$ -170$
Engineer I 90$ -140$ Intern 45$ -85$
Engineer II 105$ -165$ GIS Specialist 80$ -150$
Land Surveyor 115$ -170$ Senior GIS Specialist 105$ -185$
Manager of Engineering Services 170$ -280$ Manager of Planning 175$ -265$
Manager of Surveying 155$ -235$ Principal 185$ -350$
Party Chief 90$ -150$ Principal Planner 165$ -250$
Principal 185$ -350$ Senior Planner 135$ -205$
Project Engineer 125$ -185$ Senior Urban Designer 135$ -210$
Project Manager 150$ -245$ Urban Designer 105$ -170$
Senior Associate Engineer 130$ -210$
Senior Designer 110$ -185$ CORPORATE SERVICES
Senior Land Surveyor 135$ -210$ Administrative Assistant 60$ -95$
Senior Party Chief 115$ -185$ Administrative Coordinator 75$ -130$
Senior Project Engineer 140$ -230$ Assistant Office Manager 90$ -135$
Supervisor of Surveying 145$ -220$ Chief Executive Officer 195$ -500$
Survey Technician I 60$ -100$ File Clerk/Administrative Support 45$ -65$
Survey Technician II 75$ -115$ Marketing Assistant 45$ -85$
Survey Technician III 90$ -155$ Marketing Coordinator 65$ -115$
Surveying Crew Rates Marketing Manager 125$ -235$
REGULAR Marketing Specialist 90$ -155$
One person w/ GPS or Robotic Workstation 125$ -155$ Office Coordinator 75$ -130$
Two person 175$ -290$ Proposal Coordinator 80$ -140$
Three person 235$ -390$ Receptionist 45$ -80$
PREVAILING WAGE Senior Marketing Specialist 105$ -190$
One person w/ GPS or Robotic Workstation 150$ -180$
Two person 225$ -340$
Three person 325$ -490$
Rev 3/1/2022
3
CONSTRUCTION STAKING CONDITIONS:
1. It will be the contractor’s responsibility to inform RRM of changes in the Plans and Specifications that
will affect the location of improvements. RRM will not be liable for misplaced improvements due to such
changes that were not brought to our attention. Additional work caused by changes to the Plans and
Specifications will be billed on an hourly basis. Also, any construction based on staking requested by the
contractor based on unapproved plans and specifications will be done at the contractor’s sole risk. RRM
will not be held liable for damages suffered by the contractor resulting from changes to the plans after
RRM has set stakes.
2. To provide for reasonable preparation and organization, requests for staking should be made at least 48
hours in advance. Although RRM will make every effort to accommodate the unforeseen, no guarantee
can be made without sufficient notice.
3. The contractor will be responsible for ensuring that the construction site is clear of debris and vehicles
before ordering stakes. If staking is requested and site conditions do not allow the survey crew to
work, you will be charged hourly for the time lost. This does not include poor site conditions caused by
weather or other circumstances beyond the control of the contractor.
4. Any claim against RRM for losses or damages resulting from errors in staking (either horizontal or
vertical) must be accompanied by proof of the actual location of the stake used and the information
written on the lath (i.e., stakes must still be in place in the field when the claim is made).
5. The contractor will be responsible for discussing offsets for stakes prior to fieldwork. Otherwise,
offsets will be chosen according to standard practice in this County, and any changes requested after
the completion of staking will be billed to the contractor as an extra.
6. For your convenience, we will provide the job superintendent with a “construction staking request
form” that must be signed before any extra work beyond the scope of the contract is done. Copies of
this signed form will be sent with each monthly billing for your records.
7. Stakes shall be used only for their intended purpose. For example, rough grade stakes shall not be used
for finish grading or building layout.
8. Three (3) consecutive points shown to be on the same slope rate must be used in common order that
the contractor may detect any variation out of a perfect straight grade. In case any discrepancy is found,
it shall be reported to the surveyor. Otherwise, the surveyor will not be responsible for any error in
grade of the finished work.
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
CITY OF SAN LUIS OBISPO CULTURAL ARTS DISTRICT PARKING STRUCTURE PROJECT - RFP NO. 90435-CM // PAGE 10
Earth Systems
EARTH SYSTEMS | AUGUST 29, 2022 | CITY OF SAN LUIS OBISPO - CULTURAL ARTS DISTRICT PARKING STRUCTURE
Earth Systems FEE BREAKDOWN
Hours/Units Rate Total
Earth Systems Fee Breakdown
PROJECT:
DATE:
Hours/Units Rate Total
PHASE IB - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Project Inspector 960 $170.00 $163,200.00
Subtotal Task 2 $163,200.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 40 $225.00 $9,000.00
Grading Observation and Testing 320 $140.00 $44,800.00
Special Inspection - Shoring Wall 120 $145.00 $17,400.00
Reporting and Document Posting 40 $125.00 $5,000.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)170 $7.50 $1,275.00
Laboratory Testing - Per Fee Schedule (Allotment) $12,000.00
DIR/ECPR Posting 20 $90.00 $1,800.00
Subtotal Task 3 $100,775.00
Hours/Units Rate Total
PHASE 2 -
Project Inspector 3600 $170.00 $612,000.00
Subtotal Task 2 $612,000.00
Geotechnical Observation - Professional 40 $200.00 $8,000.00
Project Management/Quality Control 100 $225.00 $22,500.00
Grading Observation and Testing - 2023 280 $140.00 $39,200.00
Special Inspection - 2023 320 $145.00 $46,400.00
Grading Observation and Testing -2024 120 $140.00 $16,800.00
Special Inspection -2024 1600 $145.00 $232,000.00
Reporting and Document Posting 180 $125.00 $22,500.00
Compaction Tests (per test)150 $10.00 $1,500.00
Mileage (per trip)700 $7.50 $5,250.00
Laboratory Testing - Per Fee Schedule (Allotment) $25,000.00
DIR/ECPR Posting 90 $90.00 $8,100.00
Subtotal Task 3 $427,250.00
TOTAL TASK 2 $775,200.00
TOTAL TASK 3 $528,025.00
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
City of San Luis Obispo - Cultural Arts District Parking Structure
August 29, 2022
Cultural Arts District Parking Structure - 450 Work Day Duration
Task 2 - Construction Observations/Inspections
Task 3 – Geotechnical and Materials Testing and Specialty Inspection
PHASE 1B - Cultural Arts District Parking Structure On-Site Improvements - 120 Work Day Duration
Hours/Units Rate Total
PHASE 2 - Cultural Arts District Parking Structure - 450 Work Day Duration
DocuSign Envelope ID: 39089CD9-7632-471F-8036-895978DF81A8
Certificate Of Completion
Envelope Id: 39089CD97632471F8036895978DF81A8 Status: Completed
Subject: Complete with DocuSign: Resident Engineer and Construction Management - Agreement.pdf
Department:
Supplier:
Source Envelope:
Document Pages: 93 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Argelia Chang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
990 Palm Street
San Luis Obispo, CA 93422
achang@slocity.org
IP Address: 104.129.202.169
Record Tracking
Status: Original
12/15/2022 11:55:07 AM
Holder: Argelia Chang
achang@slocity.org
Location: DocuSign
Signer Events Signature Timestamp
Wendy Cohen
wcohen@kitchell.com
President
Kitchell CEM, Inc.
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mhorn@slocity.org
Director of Public Works
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Argelia Chang
achang@slocity.org
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City of San Luis Obispo
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Daniel Clancy
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City of San Luis Obispo
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Manuel Guzman
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Electronic Record and Signature Disclosure created on: 5/10/2017 10:25:58 AM
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162
From:Tally Perry <tperry@kitchell.com>
Sent:Thursday, June 29, 2023 1:31 PM
To:Marquart, Ben
Cc:Ryan Stefanek
Subject:CADPS - Phase 1B.2 Storm Water Pollution Prevention Plan
Attachments:23.06.28 312301 Storm Water Pollution Prevention Plan.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Ben!
Hope you are enjoying your week off.
Please find the attached Storm Water Pollution Prevention Plan from ECG. I reviewed this in accordance with Spec Section
312301 and RRM’s Appendix D and it meets the requirements. This has also been submitted in Procore, but we will approve it in
there on our side once we get the “OK” from you.
Thank you!
Tally Perry, Project Engineer II
Kitchell CEM
1540 Marsh Street
San Luis Obispo, CA 93401
Cell: 801-557-2289 | Direct: 916-713-6981
Follow us: Facebook | Twitter | LinkedIn | KitchellProgress.com
Storm Water Pollution Prevention
Plan
Submittal #31 2301-1 Rev. 0
Spec Sections 31 2301
SLO Phase 1B Downtown Cultural Arts Parking
Structure Site Prep
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Kitchell CEM
Attn: Ryan Stefanek
1540 Marsh St. Suite #150, San Luis Obispo CA 93401
Submitted by:
Edwards Construction Group, INC.
LICENSE 1057451
PO BOX 350, NIPOMO, CA, 93444
Phone (805) 335.1161
Fax (805) 614.9906
06/28/23 Micheleen Collins
STORM WATER POLLUTION
PREVENTION PLAN
Project Name:
SLO Phase 1B Downtown Parking Structure Site Prep
Prepared For:
The City of San Luis Obispo
Edwards Construction Group
Risk Level: 1
Site Addresses:
609 Palm Street
972 Nipomo Street
633 Palm Street
630 Monterey Street
970 Nipomo Street
610 Monterey Street
614 Monterey Street
Estimated Project Construction Dates:
August 1, 2023 – November 1, 2023
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546 phone
Prepared By: Daniel Parker-King, RCE, QSD/P
Permit Registration Submittal Date: _______
WDID No: 3 40C399332
Date: June 27, 2023
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
2
TABLE OF CONTENTS
Acronyms .............................................................................................................................................................. 4
Legally Responsible Person ................................................................................................................................... 5
SWPPP Certification .............................................................................................................................................. 6
Storm Water Multi-Application and Report Tracking System ............................................................................................ 6
Annual Fee.......................................................................................................................................................................... 7
1.0 SWPPP Requirements............................................................................................................................... 8
1.1 Introduction ......................................................................................................................................................... 8
1.2 Permit Registration Documents ........................................................................................................................... 8
1.3 Swppp availability and implementation .............................................................................................................. 9
1.4 Pollution Prevention Team .................................................................................................................................. 9
1.5 Duly Authorized Representatives ........................................................................................................................ 9
1.6 Permits and Governing Documents ..................................................................................................................... 9
1.7 SWPPP Amendments ......................................................................................................................................... 10
1.8 Retention of Records ......................................................................................................................................... 10
1.9 Exceedance Response Actions (ERA’s) ............................................................................................................... 11
1.10 Annual Comprehensive Facility Compliance Evaluation .................................................................................... 11
1.11 Annual Report .................................................................................................................................................... 12
1.12 Termination and Changes to General Permit Coverage ..................................................................................... 12
2.0 Facility Information ................................................................................................................................ 12
2.1 Facility Description ............................................................................................................................................. 12
2.1.1 Facility Location ............................................................................................................................................ 12
2.1.2 Existing Conditions ........................................................................................................................................ 13
2.1.3 Description of Drainage Areas and Existing Drainage ................................................................................... 14
2.1.4 Developed Condition .................................................................................................................................... 15
2.2 Project Risk Level ............................................................................................................................................... 15
2.2.1 Project Sediment Risk: .................................................................................................................................. 16
2.2.2 Receiving Water Risk: .................................................................................................................................... 18
2.2.3 Combined Risk: ............................................................................................................................................. 18
2.3 Construction Site Estimates ............................................................................................................................... 18
2.4 Construction Schedule ....................................................................................................................................... 18
2.5 Identification of Potential Pollutant Source ....................................................................................................... 18
3.0 Best Management Practices .................................................................................................................. 20
3.1 Contractor Information ...................................................................................................................................... 20
3.2 BMP Installation Schedule ................................................................................................................................. 20
3.3 Erosion & Sediment Control Best Management Practices ................................................................................. 22
3.4 Non-Storm Water and Material Management Best Management Practices ..................................................... 22
3.5 Post-Construction Best Management Practices ................................................................................................. 23
3.6 Housekeeping Requirements ............................................................................................................................. 23
3.7 Non-Storm Water Management ........................................................................................................................ 24
3.8 Erosion Control .................................................................................................................................................. 24
3.9 Sediment Control ............................................................................................................................................... 25
3.10 Inspection, Maintenance & Repair .................................................................................................................... 25
3.11 Training .............................................................................................................................................................. 25
3.12 Inspection and Entry .......................................................................................................................................... 26
4.0 Construction Site Monitoring Program .................................................................................................. 27
4.1 Construction Site Monitoring Program (CSMP) ................................................................................................. 27
4.2 Visual Monitoring & Inspection ......................................................................................................................... 28
4.3 Non-Storm Water Discharge Monitoring ........................................................................................................... 29
4.4 Water Quality Sampling and Analysis ................................................................................................................ 29
4.5 Construction Activity ......................................................................................................................................... 29
4.6 Quality Assurance and Quality Control .............................................................................................................. 30
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
3
4.7 Reporting Requirements and Records Retention .............................................................................................. 32
5.0 General Procedures and Requirements .................................................................................................. 32
5.1 SWPPP Availability and Implementation ........................................................................................................... 32
5.2 SWPPP Amendments ......................................................................................................................................... 33
5.1 Retention of Records ......................................................................................................................................... 33
5.2 Reporting Requirements .................................................................................................................................... 33
5.3 Required Non-Compliance Reporting ................................................................................................................ 34
5.4 Annual Report .................................................................................................................................................... 34
5.5 Changes to Permit Coverage .............................................................................................................................. 34
5.6 Notice of Termination ........................................................................................................................................ 34
APPENDIX A NPDES CONSTRUCTION GENERAL PERMIT ............................................................................. 36
APPENDIX B BMPS FROM THE 2009 CALIFORNIA CONSTRUCTION BMP HANDBOOK ......................... 37
APPENDIX C LIST OF POTENTIAL NON-VISIBLE POLLUTANTS ................................................................... 38
APPENDIX D SWPPP CONTRACTOR/SUBCONTRACTOR AGREEMENTS ................................................... 40
APPENDIX E CONTRACTOR/SUBCONTRACTOR INFORMATION .................................................................. 41
APPENDIX F SWPPP TRAINING LOG ................................................................................................................... 42
APPENDIX G SITE MAP EROSION CONTROL PLAN ......................................................................................... 44
APPENDIX H RISK LEVEL CALCULATIONS ....................................................................................................... 45
APPENDIX I CHAIN-OF-CUSTODY (COC) FORM ............................................................................................... 48
APPENDIX J SWPPP AMENDMENT(S) & LOG ............................................................................................................ 50
APPENDIX K CORRECTIVE ACTION LOG .................................................................................................................... 52
APPENDIX L SAMPLING LOG ................................................................................................................................ 59
APPENDIX M ANNUAL FEE STATEMENT AND RECIEPTS .............................................................................. 64
APPENDIX N CONSTRUCTION SITE MONITORING INSPECTION FORM ...................................................... 68
APPENDIX O RAIN EVENT ACTION PLAN .......................................................................................................... 75
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
4
ACRONYMS
ASTM American Society of Testing and Materials
BAT Best Available Technology
BCT Best Conventional Pollutant Control Technology
BMP Best Management Practice
BPT Best Practicable Control Technology Currently Available
CFR Code of Federal Regulations
CGP Construction General Permit –
NPDES Construction General Permit for Storm Water Discharges associated with
Construction Activities
COC Chain of custody
COT City of Tehachapi
CSMP Construction Site Monitoring Program
CWA Clean Water Act of 1987
EPA Environment Protection Agency
LRP Legally Responsible Person
MS4 Municipal Storm Sewer System
NAL Numeric Action Levels
NEL Numeric Effluent Limitations
NOAA National Oceanic and Atmospheric Administration (www.noaa.gov)
NOI Notice of Intent
NOT Notice of Termination
NPDES National Pollution Discharge Elimination System
POC Pollutants of Concern
PoP Probability of Precipitation
PRD Permit Registration Documents
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
REAP Rain Event Action Plan
RUSLE Revised Universal Soil Loss Equation
RWQCB Regional Water Quality Control Board
SAP Sampling and Analysis Plan
SMARTS Storm water Multi- Application Report Tracking System
SWAMP Surface Water Ambient Monitoring Program
SWPPP Storm Water Pollution Prevention Plan
SWPPM Storm Water Pollution Prevention Manager
SWRCB State of California Water Resources Control Board
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
5
LEGALLY RESPONSIBLE PERSON
Approval and Certification of the Stormwater Pollution Prevention Plan
Facility Name SLO Phase 1B Downtown Parking Structure Site Prep
Waste Discharge Identification
(WDID): _________________________________________
“I certify under penalty of law that this document and all Attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering the information, to the best of my knowledge and belief, the
information submitted is, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
_______________________________________
Legally Responsible Person
_______________________________________ ____________________
Signature of [Duly Authorized Representative of] Date
Legally Responsible Person or Approved Signatory
_______________________________________ ____________________
Name of [Duly Authorized Representative of] Legally Telephone Number
Responsible Person or Approved Signatory [if applicable]
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
6
SWPPP CERTIFICATION
This SWPPP was prepared under the direction of Daniel Parker-King, a Qualified SWPPP
Developer (QSD).
___________________________________________ 6/27/23
Daniel Parker-King, RCE, QSD/P Date
Mr. Parker-King possesses the following QSD qualifications per Section VII of the Construction
General Permit:
California Registered Civil Engineer, C74672, Expiration 12.31.23
QSD Certification Number C74672
Contact Information for questions or concerns:
Hive Engineering
705 Fiero Lane, Suite 10
San Luis Obispo, CA 93401
(805) 550-8546
This SWPPP conforms to the required elements of the Construction General Permit Order No.
2009-0009-DWQ and amendments Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ
issued by the State of California, State Water Resource Control Board. A QSD is required to
prepare any necessary SWPPP amendments or annual reports.
This SWPPP (including all inspections, amendments and reports) and the Construction General
Permit shall be maintained for three years from the date submitted. These records shall be
available at the construction site until construction is complete. When the original SWPPP is
retained by a crewmember in a construction vehicle and it is not currently at the construction
site, current copies of the BMPs and map/drawing will be left with the field crew and the original
SWPPP shall be made available via a request by radio/telephone.)
STORM WATER MULTI-APPLICATION AND REPORT TRACKING
SYSTEM
The Construction General Permit requires all dischargers to electronically file all Permit
Registration Documents (PRDs), Notices of Termination (NOT), changes of information (COI’s),
annual reporting, and other compliance documents required by the Construction General Permit
through the State Water Board’s Storm water Multi-Application and Report Tracking System
(SMARTS) website. SMARTS can be found at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
7
ANNUAL FEE
The Edwards Construction Group will be accessed an annual fee of $XXX.XX. Checks are to
be made payable to “SWRCB” and can be sent overnight to:
SWRCB
Storm Water Section
1001 I Street – 15th Floor
Sacramento, CA 95814
The Fee Statement may be found in Appendix M of this SWPPP.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
8
1.0 SWPPP REQUIREMENTS
1.1 INTRODUCTION
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo.
This Stormwater Pollution Prevention Plan (SWPPP) is designed to comply with California’s
General Permit for Stormwater Discharges Associated with Industrial Activities (General Permit)
Order No. 2014-0057-DWQ (NPDES No. CAS000001) issued by the State Water Resources
Control Board (State Water Board). This SWPPP has been prepared following the SWPPP
Template provided on the California Stormwater Quality Association Stormwater Best
Management Practice Handbook Portal: Industrial and Commercial (CASQA 2014). In
accordance with the General Permit, Section X.A, this SWPPP contains the following required
elements:
· Facility Name and Contact Information
· Site Map
· Storm Water Pollution Prevention Plan
· Signed Certification Statement
· Annual Fee (Appendix M)
1.2 PERMIT REGISTRATION DOCUMENTS
Required Permit Registration Documents (PRDs) were submitted to the State Water Board via
the Stormwater Multi Application and Report Tracking System (SMARTS) by the Legally
Responsible Person (LRP), or authorized personnel (i.e., Approved Signatory) under the
direction of the LRP. To obtain coverage, the Edwards Construction Group must electronically
file Permit Registration Documents (PRDs) prior to the commencement of construction activity.
Failure to obtain coverage under the Construction General Permit for storm water discharges to
waters of the United States is a violation of the CWA and the California Water Code.
The project-specific PRDs include:
Notice of Intent (NOI)
Risk Assessment (Appendix H)
Site Map (Appendix G)
Storm Water Pollution Prevention Plan
Signed Certification Statement
Annual Fee (Appendix M)
The annual fee is required no later than seven days prior to the commencement of construction
activities. Permit coverage shall not commence until the annual fee and PRDs are received by
the State Water Board, and a Waste Discharger Identification (WDID) number is assigned and
sent by State Water Board Storm water Multi-Application and Report Tracking System
(SMARTS).
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1.3 SWPPP AVAILABILITY AND IMPLEMENTATION
The SWPPP is available on-site to all employees during all hours of operation (see Section 2.5
for the Operations Schedule), and will be made available upon request by a State or Municipal
inspector. The SWPPP will be implemented by August 1, 2023.
1.4 POLLUTION PREVENTION TEAM
Facility staff that have been designated as Pollution Prevention Team members are
listed below in Table 1.1., along with their responsibilities and duties. A list of alternate
team members is also provided, and these personnel will perform SWPPP activities
when regular members of the Pollution Prevention Team are absent or unavailable. This
table will be updated as needed when there are changes to staff and staff
responsibilities. All team members will be trained to perform the duties assigned to them.
Employee training logs are provided in Appendix C.
Table 1.1 Pollution Prevention Team
Name Title Phone Number Responsibilities and Duties
1.5 DULY AUTHORIZED REPRESENTATIVES
Duly Authorized Representative(s) who are responsible for SWPPP implementation and have
authority to sign PRDs [is/are] listed below in Table 1.2. Written authorizations from the LRP for
these individuals are provided in Appendix D.
Table 1.2 Duly Authorized Representatives
Name Title Phone Number
1.6 PERMITS AND GOVERNING DOCUMENTS
In addition to the General Permit, the following documents have been taken into account while
preparing this SWPPP:
· Regional Water Board requirements;
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· Basin Plan requirements;
· TMDL Requirements;
· Spill Prevention Control and Countermeasures Plan;
· Hazardous Material Business Plan;
· Hazardous Waste Regulations and Permits;
· Air Quality Regulations and Permits ; and
· Clean Water Act Section 401 Water Quality Certifications and 404 Permits.
1.7 SWPPP AMENDMENTS
This SWPPP will be amended or revised as needed. A list of amendments (Amendment Log) is
included in the front of this SWPPP (page 7), and amendment certifications are included in
Appendix E. The Amendment Log will include the date of initial preparation and the date of each
amendment. The SWPPP should be revised when:
· There is a General Permit violation;
· There is a reduction or increase in the total industrial area exposed to stormwater;
· BMPs do not meet the objectives of reducing or eliminating pollutants in stormwater
discharges;
· There is a change in industrial operations which may affect the discharge of pollutants to
surface waters, groundwater(s), or a municipal separate storm sewer system (MS4);
· There is a change to the parties responsible for implementing the SWPPP; or
· Otherwise deemed necessary by the QISP.
The following items will be included in each amendment:
· Who requested the amendment;
· The location of proposed change;
· The reason for change;
· The original BMP(s) proposed, if any; and
· The new BMP(s) proposed.
· Amendments will be logged at the front of the SWPPP and certification kept in Appendix
E.
The SWPPP text will be revised replaced, and/or hand annotated as necessary to properly
convey the amendment. SWPPP amendments must be certified and submitted by the LRP or
their designated Duly Authorized Representative via SMARTS within 30 days whenever the
SWPPP contains significant revisions. With the exception of significant revisions, SWPPP
changes will be certified and uploaded to SMARTS once every three (3) months in the reporting
year.
1.8 RETENTION OF RECORDS
Paper or electronic records of documents required by this SWPPP will be retained for a
minimum of five (5) years from the date generated or date submitted, whichever is later, for the
following items:
· Employee Training Records;
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· BMP Implementation Records;
· Spill and Clean-up Related Records;
· Records of Sampling and Analysis Information
• The date, exact location, and time of sampling or measurement;
• The date(s) analyses were performed;
• The individual(s) that performed the analyses;
• The analytical techniques or methods used; and
• The results of such analyses;
· Records of Visual Observations
• The date
• The industrial areas/drainage areas of the facility observed during the inspection
(Location);
• The approximate time of the observation;
• Presence and probable source of observed pollutants; and
• Name of the individual(s) that conducted the observations;
• Response to the observations including identification of SWPPP revisions if needed.
• Level 1 ERA Reports;
• Level 2 ERA Action Plan;
• Level 2 ERA Technical Report; and
• Annual Reports from SMARTS (checklist and any explanations).
1.9 EXCEEDANCE RESPONSE ACTIONS (ERA’S)
If a General Permit NAL exceedance occurs in a given reporting year, a Level 1 ERA Evaluation
and a Level 1 ERA Report will be required in the following year, or, if in a subsequent year, a
Level 2 ERA Action Plan and a Level 2 ERA Report will be required in accordance with the
General Permit. The results of either of the ERA reports may require that the SWPPP be
amended.
1.10 ANNUAL COMPREHENSIVE FACILITY COMPLIANCE
EVALUATION
The General Permit (Section XV) requires the Discharger to conduct one Annual
Comprehensive Facility Compliance Evaluation (Annual Evaluation) for each reporting year
(July 1 to June 30). Annual Evaluations will be conducted at least eight (8) months and not more
than sixteen (16) months after the previous Annual Evaluation. The planned window for
conducting the Annual Evaluation is between April and June of each year. The SWPPP will be
revised, as appropriate based on the results of the Annual Evaluation, and the revisions will be
implemented within 90 days of the Annual Evaluation.
At a minimum, Annual Evaluations will consist of:
· A review of all sampling, visual observation, and inspection and monitoring records and
sampling and analysis results conducted during the previous reporting year;
· A visual inspection of all areas of industrial activity and associated potential pollutant
sources for evidence of, or the potential for, pollutants entering the stormwater
conveyance system;
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· A visual inspection of all drainage areas previously identified as having no exposure to
industrial activities and materials in accordance with the definitions in Section XVII;
· A visual inspection of equipment needed to implement the BMPs;
· A visual inspection of any BMPs;
· A review and effectiveness assessment of all BMPs for each area of industrial activity
and associated potential pollutant sources to determine if the BMPs are properly
designed, implemented, and are effective in reducing and preventing pollutants in
industrial stormwater discharges and authorized NSWDs; and
· An assessment of any other factors needed to comply with the Annual Reporting
requirements in General Permit Section XVI.B.
1.11 ANNUAL REPORT
The Annual Report will be prepared, certified, and electronically submitted no later than July
15th following each reporting year using the standardized format and checklists in SMARTS
based on the reporting requirements identified in Section XVI of the General Permit. Annual
reports will be submitted in SMARTS and in accordance with information required by the on- line
forms.
1.12 TERMINATION AND CHANGES TO GENERAL PERMIT
COVERAGE
When any of the following conditions occur, termination of coverage under the General Permit
will be requested by certifying and submitting a Notice of Termination (NOT) via SMARTS:
· Operation of the facility has been transferred to another entity;
· The facility has ceased operations, completed closure activities, and removed all
industrial related pollutant generating sources;
· The facility’s operations have changed and are no longer subject to the General Permit.
The SWPPP and all of the provisions of the General Permit will be complied with until a valid
NOT is received and accepted by the Board.
If ownership changes, the new owner of the facility will be notified of the General Permit and
regulatory requirements for permit coverage.
2.0 FACILITY INFORMATION
2.1 FACILITY DESCRIPTION
2.1.1 Facility Location
The Cultural Arts District Parking Structure site comprises approximately 1.2 acres and spans
several addresses including, 609 Palm Street, 972 Nipomo Street, 633 Palm Street, 630
Monterey Street, 970 Nipomo Street, 610 Monterey Street, 614 Monterey Street, in San Luis
Obispo, California. The property is owned by The City of San Luis Obispo, and is located within
Section 26, Township 30S, Range 12E.
These phase 1b site preparation plans consist of tree protection, demolition and clearing. Phase
2 (under separate cover) includes on-site rough grading, temporary and permanent shoring,
improvements, buildings, precise grading, landscape, and associated frontage improvements.
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The general construction activities to be performed at the Project Site may include, but are not
limited to the following:
· Demolition of existing structure
· Demolition of existing underground utilities (Sewer, Water, Electric, etc…)
· Tree removal
· Site grading
· Washout Areas
· Construction entrance/exit
Figure 2.1: Vicinity Map
Figure 2.2: Site Map
2.1.2 Existing Conditions
The existing site consists of four structures, a garage, a parking lot, trees, minor landscaping
and associated utilities. Most of the site slopes gently to the west towards the corner of Pismo
and Nipomo St. The southwest corner of the property slopes towards the corner of Monterey
and Nipomo. There are two structures on the northern corner of the site and three structures on
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the southern corner. The rest of the site is paved with parking areas broken up by small
landscaped planters.
Existing sources of contamination at the site include:
· Contaminated Soil
· Erosion and Sediment from stormwater runoff
· Hydrocarbons from vehicular parking
· Existing utilities (sewer)
Figure 2.3: Existing Conditions
2.1.3 Description of Drainage Areas and Existing Drainage
The site is divided into two drainage areas ranging from 5%-10%. Drainage area A1 (44,900
SF) flows to the northwest, while drainage area B1 (13,700 SF) flows to the south and
southwest. Offsite drainage is received from area A2 (13,692 SF), flowing into area A1. Area
A2 previously contained an apartment and home but they have been removed. The elevations
of the project ranges from 188 to 205 above mean sea level (msl). Stormwater is conveyed
through surface runoff, and flows off site into the city’s municipal stormwater system.
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Demolition to occur as a part of this project will keep the drainage patterns relatively the same,
creating pervious area. The construction of a parking structure during the second phase will add
impervious areas. Drainage areas and their directions can be seen in Figure 4.
Figure 2.4: Drainage Areas
The site is located within the Stenner Lake Watershed..
2.1.4 Developed Condition
Post demolition surface drainage will generally be directed as it has historically. Storm water
will flow offsite to the City of San Luis Obispo storm drain system, and ultimately to Brizziolari
Creek. Post construction drainage patterns and conveyance systems are presented on the
Improvement Plans.
2.2 PROJECT RISK LEVEL
This SWPPP utilized a Risk-Based Permitting Approach under the Construction General Permit (SWRCB
Order No. 2009-0009 DWQ), as set forth by the SWRCB and RWQCB.
There are two major steps to site planning and risk determination. The project’s overall risk is broken up
into two elements – (1) project sediment risk (the relative amount of sediment that can be discharged, given
the project and location details) and (2) receiving water risk (the risk sediment discharges pose to the
receiving waters)
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2.2.1 Project Sediment Risk:
Project Sediment Risk can be determined using two separate methods. Method 1 establishes sediment risk
based on the following Soil Loss Equation (RUSLE) to obtain an estimate of project-related bare ground
soil loss expressed in tons/acre. The RUSLE equation is as follows:
A = (R)(K)(LS)(C)(P)
Where:
A = the rate of sheet and rill erosion
R = rainfall-runoff erosivity factor
K = soil erodibility factor
LS = length-slope factor
C = cover factor (erosion controls) (taken as 1.0 to simulate bare ground)
P = management operations and support practices (sediment controls) (taken as 1.0 to simulate bare
ground)
Method 2 (also known as the “map option”) utilizes GIS maps where the product of K and LS are
predetermined (located below in Figure 2 and 3) and an online calculator for determining R factor for
determining soil loss. For this option, the R factor for the project is calculated using the online calculator
at https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites. To determine
soil loss in tons per acre, the discharger multiplies the R factor times the value for K times LS from the
map.
Figure 2.5. K Factor
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Figure 2.6. LS Factor Calculated Using Google Earth KML
Figure 2.7. R Value from EPA Website
Method 2 was utilized in this SWPPP. Using the SWRCB “Risk Assessment R-Factor Calculation
Notification” for the R factor with construction start dates of 08/1/23 and an end construction date of
11/1/2023, the R factor was determined to be 3.3. The K factor and LS factor were determined to be 0.24
and 1.25 respectively. Multiplying the above numbers together yields a Project Sediment Risk Factor of
0.99 tons/acre. Since 0.99 tons/acre is less than 15 tons/acre, the site can be classified as to having a Low
Sediment Risk.
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2.2.2 Receiving Water Risk:
The project area can neither discharge (either directly or indirectly) to a 303(d)-listed waterbody impaired
by sediment nor to a waterbody with designated beneficial use. This project site has been classified as a
Low Receiving Water Risk.
2.2.3 Combined Risk:
The Combined Risk Level Matrix table in the Construction General Permit Order No. 2009-0009-DWQ
(Appendix A) was utilized to determine the combined risk. Using this table, it was determined that the
Project Site is a Risk Level 1.
Table 1. Combined Risk Level Matrix
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
2.3 CONSTRUCTION SITE ESTIMATES
“Construction activities” refers to actions that result in a disturbance of the land, including
demolition, clearing, grading, excavating, vertical construction, landscaping and other similar
activities. It also includes “construction-related activities,” areas that support the construction
project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material
storage areas and equipment storage areas.
The following estimates are from the planned construction-related activities in the staging yard. More
specific information pertaining to the other proposed well pads can be found in their respective site map/
erosion control plans within Appendix G.
· Total project area: 1.2 acres
· Site area to be disturbed: 1.2 acres
• Percentage impervious area before and after demolition: 67% and 0%
• Runoff coefficient before and after construction: NIC
2.4 CONSTRUCTION SCHEDULE
• Demolition 8/01/2023 to 09/30/2023
• Grading Utilities & Vertical Construction 10/1/2023 to 10/1/2025 (NIC)
2.5 IDENTIFICATION OF POTENTIAL POLLUTANT SOURCE
The pollutant of greatest concern on most construction sites is sediment which may become detached during
construction related activities. Non-visible pollutants may be attached to the soils and run-off the site,
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potentially polluting the receiving body of water. Pollutant sources include, but are not limited to the
following:
a. Disturbances caused by demolition, clearing, grading and excavation activities related to site
preparation.
b. Storm-related precipitation
c. Dust control through water spraying
d. Leaks from equipment and/or portable toilets
e. Wash out and maintenance areas
f. Transporting of concrete and/ or asphalt materials
g. Transporting of construction materials and fuels
h. Flushing of water lines
i. Vehicle fluids
j. Cement materials
k. Raw landscape materials
l. General litter
m. PVC pipe
n. RCP pipe
For a list of potential non-visible pollutants, refer to Appendix C: List of Potential Non-visible Pollutants
& Pollutant Testing Guidance Table.
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3.0 BEST MANAGEMENT PRACTICES
3.1 CONTRACTOR INFORMATION
Appendix E includes the names and contact information of the Storm Water Pollution Prevention Plan
Manager (SWPPPM) and a list of names of all contractors, subcontractors, and individuals who will be
directed by the SWPPPM. This list shall include telephone numbers and work addresses. Specific areas of
responsibility of each subcontractor and emergency contact numbers shall also be included.
The discharger shall ensure that all BMPs required by the Construction General Permit are implemented by
a Qualified SWPPPM. The SWPPPM shall be a person responsible for non-storm water and storm water
visual observations, sampling and analysis and shall have primary responsibility and significant authority
for the implementation, maintenance, inspection of the site to ensure full compliance with the SWPPP and
the Permit.
Best Management Practices (BMPs) were chosen for this project to reduce or eliminate pollutants in storm
water discharge, and to comply with the Provisions of Attachment C of the General Order (Risk Level 1
Requirements) as well as those in the Construction General Permit Order. BMPs are shown in the erosion
and sediment control plan provided in Appendix B.
The Construction General Permit Order requires:
Dischargers minimize or prevent pollutants in storm water discharges and authorized non-storm water
discharges through the use of controls, structures, and management practices that achieve Best Available
Technology Economically Achievable (BAT) for toxic and non-conventional pollutants and Best
Conventional Pollutant Control Technology (BCT) for conventional pollutants.
Storm water discharges and authorized non-storm water discharges regulated by the Construction General
Permit not contain a hazardous substance equal to or in excess of reportable quantities established in 40
C.F.R. §§ 117.3 and 302.4, unless a separate NPDES Permit has been issued to regulate those discharges.
3.2 BMP INSTALLATION SCHEDULE
The Contractor is responsible for ensuring that appropriate BMPs are in place during the operations
requiring the BMPs. Below is a schedule intended to provide the minimum BMPs necessary during each
phase of the contractor’s operation. Additional BMPs may be necessary. Some BMPs installed early in the
project shall remain in place upon completion of the project, while others must be removed prior to the
completion of the project. Appendix B provides BMP Fact Sheets on design and implementation guidelines
for each BMP. Those identified by “*” should only be implemented when applicable.
The following BMPs shall be installed / utilized prior to clearing and grubbing operations:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
SE-7 Street Sweeping and Vacuuming
NS-9 Vehicle and Equipment Fueling
NS-10 Vehicle & Equipment Maintenance
WM-1 Material Delivery and Storage
WM-2 Material Use
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WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-9 Sanitary/Septic Waste Management
The following BMPs shall be installed / utilized during grading/mobilization operations:
WE-1 Wind Erosion Control
TC-1 Stabilized Construction Entrance/Exit
NS-1 Water Conservation Practices
SE-1 Silt Fences
SE-5 Fiber Rolls
The following BMPs shall be installed / utilized upon completion of drainage work: (NOT IN CONTRACT)
EC-9 Drainage Swales
The following BMPs shall be installed / utilized during vertical construction: (NOT IN CONTRACT)
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
The following BMPs may be utilized during utility operations: (NOT IN CONTRACT)
WM-1 Material Delivery and Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-8 Concrete Waste Management*
WM-9 Sanitary/Septic Waste Management
All BMPs, except those designated as post-construction BMPs in Section 3.5, are to be removed prior to
contract acceptance.
It is not anticipated that this project will necessitate the stockpiling of materials. However, if materials are
stockpile on-site and the stockpiles are inactive (not scheduled to be re-disturbed for at least 14 days), then
the stockpiled areas shall be covered and a berm placed around the materials in accordance with WM-3
“Stockpile Management.”
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3.3 EROSION & SEDIMENT CONTROL BEST MANAGEMENT
PRACTICES
Appendix B provides BMP Fact Sheets on design and implementation guidelines for each BMP to reduce
or eliminate pollutants in storm water discharges. All BMPs are required to be implemented.
The following BMPs are to be incorporated into this SWPPP:
EC-1 Scheduling
EC-2 Preservation of Existing Vegetation
EC-8 Wood Mulching
EC-16 Non-Vegetative Stabilization
SE-1 Silt Fences
SE-5 Fiber Rolls
SE-7 Street Sweeping and Vacuuming
SE-10 Storm Drain Inlet Protection
TC-1 Stabilized Construction Entrance/Exit
TC-3 Entrance/Outlet Tire Wash
WE-1 Wind Erosion Control
WM-9 Sanitary/Septic Waste Management
3.4 NON-STORM WATER AND MATERIAL MANAGEMENT BEST
MANAGEMENT PRACTICES
Non-storm water discharges may contribute significant pollutant loads to receiving waters. Measures to
control spills, leakage, and dumping, and to prevent illicit connections during construction must be
addressed through structural as well as non-structural Best Management Practices (BMPs).
BMPs are designated in this SWPPP to prevent non-storm water discharges. All BMPs are required to be
implemented. Those identified by “*” should only be implemented when applicable.
NS-1 Water Conservation Practices
NS-2 Dewatering Operations
NS-3 Paving and Grinding Operations
NS-7 Potable Water/Irrigation
NS-8 Vehicle and Equipment Cleaning
NS-9 Vehicle and Equipment Fueling
WM-1 Material Delivery/Storage
WM-2 Material Use
WM-3 Stockpile Management
WM-4 Spill Prevention and Control
WM-5 Solid Waste Management
WM-6 Hazardous Waste Management
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management
WM-10 Liquid Waste Management
Vehicle and Equipment Cleaning is prohibited from occurring on-site. Fueling and maintenance of
equipment and vehicles shall take place in designated areas only. Materials storage on–site will be
minimized.
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3.5 POST-CONSTRUCTION BEST MANAGEMENT PRACTICES
This SWPPP contains Post-Construction BMPs, which are designated to reduce or eliminate pollutants after
construction is completed. BMPs serving dual purpose roles (construction and post-construction protection)
include:
NOT APPLICABLE – OUT OF SCOPE
3.6 HOUSEKEEPING REQUIREMENTS
All Risk Level 1 dischargers are required to adhere to the minimum housekeeping requirements as specified
in Attachment C of the Construction General Permit. They include, but are not limited to:
Construction Materials:
All Risk Level 1 dischargers shall implement good site management measures for construction materials
that could potentially be a threat to the water quality if discharged. At minimum, they include:
· Conduct an inventory of products to be used.
· Cover and berm loose stockpiled construction material that are not actively being used.
· Store chemicals in watertight containers (with appropriate secondary containment to prevent any
spillage or leakage) or in a storage shed.
· Minimize exposure of construction materials to precipitation.
· Implement BMPs to prevent the off-site tracking of loose construction and landscape materials.
Waste Management:
Risk Level 1 dischargers shall implement good housekeeping for waste management. They include, but are
not limited to:
· Prevent disposal of any rinse or wash waters or materials on impervious or pervious site surfaces
or into the storm drain system.
· Ensure containment of sanitation facilities.
· Clean or replace sanitation facilities and inspect them for leaks regularly.
· Cover waste disposal containers at the end of every business day and during rain events.
· Prevent discharges from disposal containers to the drainage system or receiving water.
· Contain and protect stockpile waste from wind or rain, unless actively being used.
· Implement procedures that effectively address hazardous and non-hazardous spills.
· Develop a spill response plan.
· Ensure containment of concrete washout areas and other washout areas that may contain pollutants.
There shall be no discharge to the underlying soil.
Vehicle Storage and Maintenance:
Risk Level 1 dischargers shall implement good housekeeping for vehicle storage and maintenance. They
include, but are not limited to:
• Prevent oil, grease or fuel to leak in to the ground, storm drains or surface waters.
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• Place all equipment or vehicles, which are to be fueled, maintained and stored in a designated
area fitted with appropriate BMPs.
• Clean leaks immediately and dispose of material properly.
Landscape Materials:
Risk Level 1 dischargers shall implement good housekeeping for landscape materials. They include, but
are not limited to:
• Contained stockpiled materials when they are not actively being used.
• Contained fertilizers when they are not actively being used.
• Discontinue the application of erodible landscape materials within 2 days before a forecast rain
event or during periods of precipitation.
• Apply erodible landscape materials according to the manufacture recommendations.
• Stack erodible landscaped materials on pallets and covering or storing such materials when not
being used or applied.
3.7 NON-STORM WATER MANAGEMENT
Risk Level 1 dischargers shall implement measure to control all non-storm water discharges during
construction. Non-storm water discharges are any discharges not directly associated with a rain event. Non-
storm water discharges can include, but are not limited to leaks from equipment or vehicles, flushing of
water lines or washing of equipment. Risk Level 1 requirements include:
· Dischargers shall implement measures to control all non-storm water discharges during
construction.
· Dischargers shall wash vehicles in such a manner as to prevent pollutants from entering surface
waters.
· Streets shall be cleaned in such a manner as to prevent unauthorized non-storm water discharges
from reaching surface waters or the storm drain system.
3.8 EROSION CONTROL
The primary pollutant identified during construction is sediment. Erosion and sedimentation controls will
be implemented as necessary along the boundaries of the construction areas within the Project Site to
minimize, as necessary, the amount of sediment transported off-site by storm water runoff. These control
measures will be put in place as needed at the onset of construction activities and will remain in place (as
needed) during construction and through periods of inactivity. Dischargers shall provide effective soil
cover for inactive areas. Descriptions and diagrams of the BMPs are included in Appendix B.
All disturbed areas shall provide effective soil cover for inactive areas and all finished slopes, open space,
utility backfill and completed lots.
All disturbed areas of the construction Project Site will be stabilized in a manner similar to its original
condition. Both temporary (water trucks) and permanent measures will also be applied to control dust
generation. Final stabilization will need to be completed prior to submitting a Notice of Termination (NOT).
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3.9 SEDIMENT CONTROL
Dischargers shall establish and maintain effective perimeter controls. Silt barriers consisting of silt fences,
fiber rolls, sandbags, hay bales, and/or berms will be set up around the construction site as necessary so that
sediment will not be discharged off-site. Sedimentation control will be in place and maintained on all
disturbed areas during the rainy season. Sediment control BMPs will be implemented as needed.
Construction sites that require silt barriers around them are sites where the ground surface has been
disturbed by construction activities such as grading and /or excavation. Sediment buildup along silt barriers
will be monitored and removed as necessary. Removed sediment will be deposited in an area that will not
allow sediment to be discharged off-site. All loose soil and debris, which may create a potential hazard,
will be hauled offsite and disposed of at an approved location. All construction entrances and exits shall
be stabilized to sufficiently control sediment discharge from the site.
3.10 INSPECTION, MAINTENANCE & REPAIR
All storm water control measures shall be properly maintained at regular intervals by trained personnel
consistent with Project Site operational maintenance schedules. Inspections will be performed by a QSP
or someone under his direction weekly, before, during, after qualifying storm events (0.5 inches per storm
event), and once each 24-hour period during extended storm events during business. These inspections will
be conducted to identify BMP effectiveness. If any structural defects are observed interfering with design
performance of BMPs, repairs or design changes will be implemented by the SWPPM within 72 hours.
3.11 TRAINING
The SWPPM is responsible for training project personnel on the following topics:
· Erosion Control BMPs
· Sediment Control BMPs
· Non-Storm Water BMPs
· Waste Management and Materials Pollution Control BMPs
· Emergency Procedures specific to the construction site storm water management
Inspections will be conducted by a QSP. A QSP may train individuals to conduct the inspections, and
collect storm water samples for non-visible pollutants. Trained individuals will also have received training
and have experience with respect to erosion control methods, either through scholastic institutions, previous
job experiences, or through workshops conducted by recognized regulatory agencies or professional
organizations.
Training records (Appendix F) will document attendees, the subjects covered and the date of training.
Training logs/records are to be recorded and stored with the rest of the record materials
· To ensure that the preparation, implementation, and oversight of the SWPPP is sufficient for
effective pollution prevention, Section II, Part H of the Construction General Permit specifies that
the Qualified SWPPP Developer and Qualified SWPPP Practitioners responsible for creating,
revising, overseeing, and implementing the SWPPP must attend a State Water Board sponsored or
approved QSD and QSP training course.
·
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3.12 INSPECTION AND ENTRY
The discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, and/or, in the case of
construction sites which discharge through a municipal separate storm sewer, an authorized representative
of the municipal operator of the separate storm sewer system receiving the discharge, upon the presentation
of credentials and other documents as may be required by law, to:
· Enter upon the discharger’s premises at reasonable times where a regulated construction activity is
being conducted or where records must be kept under the conditions of the Construction General
Permit;
· Access and copy at reasonable times any records that must be kept under the conditions of the
Construction General Permit;
· Inspect at reasonable times the complete construction site, including any off-site staging areas or
material storage areas, and the erosion/sediment controls; and
· Sample or monitor at reasonable times for the purpose of ensuring Construction General Permit
compliance.
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4.0 CONSTRUCTION SITE MONITORING PROGRAM
4.1 CONSTRUCTION SITE MONITORING PROGRAM (CSMP)
The Construction General Permit requires the following types of monitoring for Risk Level 1 projects:
· Visual inspections of Best Management Practices (BMPs);
· Visual monitoring of the site related to qualifying storm events;
· Visual monitoring of the site for non-storm water discharges;
· Sampling and analysis of construction site runoff;
· Sampling and analysis of non-storm water discharges;
Storm event monitoring should be conducted during business hours; and when the National Oceanographic
and Atmospheric Administration (NOAA) (http://www.srh.noaa.gov/forecast) forecasts a rain event with a
50% or greater probability of producing a ½ inch or more of rain.
Table 4.1: Summary of Risk Level 1 Monitoring
Type of Monitoring
What
When
Location
Visual Inspection
BMP Presence and
effectiveness of all BMPs
Weekly and
Every 24 hours during an
extended storm event.
Overall site
Stormwater
Pre-storm All drainage areas and
BMPs.
Within 2 business days before
each qualifying storm event.
Overall site
Post-storm All drainage areas and
BMPs.
Within 2 business days after each
qualifying storm event.
Overall site
Non-storm water Operations and BMPs
identified in Section 3.4
Quarterly Staging areas
Sampling & Analysis
BMP failure/spill
(non-visible)
Runoff affected and not
affected by the
discharge/spill. Use
Appendix C as a guide.
Within first 2 hours of discharge
from site.
Location of
discharge.
Non-storm water Operations and BMPs
identified in Section 3.4
If non-storm water is discharged
off site.
Location of
discharge.
Rain events and resulting monitoring periods should be separated into qualifying rain events. A qualifying
rain event is defined as any event producing precipitation of ½ inch or more within a 48 hour or greater
period.
Monitoring locations provide clear views of BMPs, disturbed areas and extend through the entire site.
Dischargers must maintain on-site records of all visual observations, personnel performing the
observations, observation dates, weather conditions, locations observed, and corrective actions taken in
response to the observations. The Construction Site Monitoring Inspection Form (Appendix N) should be
used to track all monitoring activities.
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Figure 4.1 Overview of Monitoring Locations
4.2 VISUAL MONITORING & INSPECTION
All storm water monitoring must be completed within two (2) business days of each qualifying rain event
at identified locations. Appendix G shows the monitoring locations.
BMP Inspection
The purpose of these inspections is to identify BMPs that:
· Need maintenance to operate effectively;
· Failed; or
· Could fail to operate as intended.
If deficiencies are identified during BMP inspections, repairs or design changes to BMPs must be initiated
within 72 hours of identification and need to be completed as soon as possible. All BMP inspections must
be documented on a Construction Site Monitoring Inspection Form (Appendix N).
Storm Water Inspection
Dischargers must conduct a pre-storm event inspection of:
· All storm water drainage areas to identify and resolve prior to the storm event, any spills, leaks, or
uncontrolled pollutant sources
· All BMPs to identify proper implementation
· Any storm water storage and containment areas to detect and remedy leaks if found
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Dischargers must conduct a post-storm event inspection within two business days (48 hours) to identify
whether:
· BMPs were adequately designed, implemented, and effective, and
· If any additional BMPs necessary (and amend the SWPPP accordingly).
4.3 NON-STORM WATER DISCHARGE MONITORING
Quarterly non-storm water discharge monitoring will include the visual inspection of each drainage area
during daylight hours for the presence of non-storm water discharges and their sources in July – September,
October – December, January – March, and April – June quarters. If non-storm water is discharged off site,
the effluent must be sampled. Quarterly monitoring should be recorded on Construction Site Monitoring
Inspection Form in Appendix N.
Potential non-storm water discharges within this project include:
· Grading and Land Development
· Site Stabilization
· Vehicle and equipment cleaning, fueling and maintenance
· Sanitary/Septic waste facilities
· Concrete wash out areas
· Contaminated Soils
Quarterly inspections need to include each drainage area of the project and document:
· Presence or indications of unauthorized and authorized non-storm water discharges and their
sources
· Pollutant characteristics of the non-storm water discharge (floating and suspended material sheen,
discoloration, turbidity, odor, etc.)
· Personnel performing the observations
· Dates and approximate time each drainage area and non-storm water discharge was observed
· Response taken to observations
4.4 WATER QUALITY SAMPLING AND ANALYSIS
The project is required to collect samples of:
· runoff for non-visible pollutants in the event of a BMP failure, breach or spill
· non-storm water discharge
Sampling personnel will collect storm water grab samples at discharge locations according to procedures
outlined in Section 4.6 Quality Assurance and Quality Control. Appendix G shows the monitoring locations
for all monitoring. Appendix L contains the Sampling Activity Log.
Sampling is not required outside of scheduled business hours or under dangerous conditions. An
explanation of why samples were not taken will be included with on-site inspection documents.
4.5 CONSTRUCTION ACTIVITY
Non-Visible Pollutant Sampling
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If there is a breach, spill or BMP failure, runoff affected by the non-visible pollutants will be sampled within
the first two hours of discharge. It is important to note that covered construction materials or those that are
in their final constructed form, do not need to be monitored. Materials that are stored exposed to
precipitation and may generate runoff need to be considered for non-visible pollutant monitoring. Appendix
C provides further guidance.
Non-Stormwater Sampling
If non-storm water is discharged off site, the effluent must be sampled. All non-storm water sample analyses
should be conducted by a state certified laboratory.
4.6 QUALITY ASSURANCE AND QUALITY CONTROL
The QSP is responsible for non-storm water and storm water visual observations, sampling and analysis,
and for ensuring full compliance with the permit and implementation of all elements of the SWPPP.
Prior to the rainy season, all sampling personnel and alternates will review the Monitoring Plan.
Qualifications of designated personnel describing environmental sampling training and experience are
provided in Appendix F. Sampling personnel will be designated and trained to collect, maintain and ship
samples in accordance with the Surface Water Ambient Monitoring Program’s (SWAMP) 2008 Quality
Assurance Program Plan (QAPP)
(http://www.swrcb.ca.gov/water_issues/programs/swamp/tools.shtml#qa).
Supplies and Storage
An adequate stock of supplies and equipment for non-visible pollutants will be available on the project site
or provided by the approved laboratory (Appendix I) prior to a sampling event.
Monitoring supplies and equipment will be stored in a cool-temperature environment that will not come
into contact with rain or direct sunlight. Sampling personnel will be available to collect samples in
accordance with the sampling schedule.
Supplies maintained at the project site will include, but will not be limited to, surgical gloves, sample
collection equipment, coolers, appropriate number and volume of sample bottles, identification labels, re-
sealable storage bags, paper towels, personal rain gear, ice, Sampling Activity Log forms (Appendix L),
and Chain of Custody (COC) forms (Appendix I).
Sample Collection and Handling Procedures
All sampling and sample preservation must be in accordance with the current edition of Standard Methods
for the Examination of Water and Wastewater (American Public Health Association).
To maintain sample integrity and prevent cross-contamination, sampling collection personnel will:
· Wear a clean pair of surgical gloves prior to the collection and handling of each sample at each
location.
· Not contaminate the inside of the sample bottle by not allowing it to come into contact with any
material other than the water sample.
· Discard sample bottles or sample lids that have been dropped onto the ground prior to sample
collection.
· Not leave the cooler lid open for an extended period of time once samples are placed inside.
· Not touch the exposed end of a sampling tube, if applicable.
· Avoid allowing rainwater to drip from rain gear or other surfaces into sample bottles.
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· Not eat, smoke, or drink during sample collection.
· Not sneeze or cough in the direction of an open sample bottle.
· Minimize the exposure of the samples to direct sunlight, as sunlight may cause biochemical
transformation of the sample to take place.
· Decontaminate sampling equipment prior to sample collection using a TSP-soapy water wash,
distilled water rinse, and final rinse with distilled water.
· Dispose of decontamination water/soaps appropriately; i.e., not discharge to the storm drain system
or receiving water.
Any samples provided to a lab will be provided within 48 hours and use only the sample bottle provided by
the lab (Appendix I).
For an initial verification of laboratory or field analysis, duplicate samples will be collected at a rate of 10
percent or 1 duplicate per sampling event. The duplicate sample will be collected, handled, and analyzed
using the same protocols as primary samples, and will be collected where contaminants are likely, and not
on the upstream sample. A duplicate sample will be collected immediately after the primary sample has
been collected. Duplicate samples will not influence any evaluations or conclusions; however, they will be
used as a check on laboratory quality assurance.
Non-Visible Pollutants
The Contractor shall notify the QSP if non-visible pollutants are expected.
Sample Documentation Procedures
All original data documented on sample bottle identification labels, Chain of Custody forms (Appendix I),
Sampling Activity Logs (Appendix L), and Construction Site Monitoring Inspection Form (Appendix N)
will be recorded using waterproof ink. These will be considered accountable documents. If an error is made
on an accountable document, the individual will make corrections by lining through the error and entering
the correct information. The erroneous information will not be obliterated. All corrections will be initialed
and dated. Copies of the Construction Site Monitoring Inspection Form are provided in Appendix N.
Sampling and field analysis activities will be documented using the following:
• Sample Bottle Identification Labels: Sampling personnel will attach an identification label to
each sample bottle. At a minimum, the following information will be recorded on the label, as
appropriate…
· Project name
• Project number
• Unique sample identification number and location.
[Project Number]-[Six digit sample collection date]-[Location]
(Example: 0G5304-081801-Upstream).
Quality assurance/quality control (QA/QC) samples shall be identified similarly
using a unique sample number or designation
(Example: 0G5304-081801-DUP1)
· Collection date/time (No time applied to QA/QC samples)
· Analysis constituent
• Sampling Activity Logs: A log of sampling events will identify…
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o Sampling date
· Separate times for sample collection of upstream, downstream, run-on, and QA/QC samples recorded
to the nearest minute
· Unique sample identification number and location
· Analysis constituent
· Names of sampling personnel
· Weather conditions (including precipitation amount)
· Field analysis results
· Other pertinent data
· Chain of Custody (COC) forms (Appendix I): All samples to be analyzed by a laboratory will
be accompanied by a COC form provided by the laboratory. Only the sample collectors will sign
the COC form over to the lab. COC procedures will be strictly adhered to for QA/QC purposes.
· Storm Water Quality Sampling Log (Appendix L): When applicable, the
Contractor’s storm water inspector will document in the log that samples for sedimentation/siltation
and/or turbidity were taken during a rain event.
4.7 REPORTING REQUIREMENTS AND RECORDS RETENTION
Records of all monitoring inspections are required to remain onsite during the construction period and for
a minimum of three years.
Records shall include the following items:
· The date, place, and time of facility inspections, sampling, visual observations (inspections),
and/or measurements, including precipitation;
· The individual(s) who performed the facility inspections, sampling, visual observation
(inspections), and/or measurements;
· The date and approximate time of analyses;
· The individual(s) who performed the analyses;
· A summary of all analytical results from the last three years, the method detection limits and
reporting limits, and the analytical techniques or methods used;
· Rain gauge readings from site inspections;
· QA/QC records and results;
· Non-storm water discharge inspections and visual observations (inspections) and storm water
discharge visual observation records;
· Visual observation and sample collection exemption records (Appendix O); and
· The records of any corrective actions and follow-up activities that resulted from analytical
results, visual observations (inspections), or inspections (Appendix K).
Most reporting will occur in the Annual Report (Appendix P).
5.0 GENERAL PROCEDURES AND REQUIREMENTS
5.1 SWPPP AVAILABILITY AND IMPLEMENTATION
The General Construction Permit Section XIV.C requires the SWPPP be available at the construction site
during working hours while construction is occurring and shall be made available upon request by a State
or Municipal inspector. When the original SWPPP is retained by a crewmember in a construction vehicle
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and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with
the field crew and the original SWPPP shall be made available via a request by radio/telephone.
5.2 SWPPP AMENDMENTS
The General Construction Permit Section XIV.A requires that SWPPP be amended or revised by a QSD
and that the SWPPP include a listing of the date of initial preparation and the date of each amendment.
Amendments must be signed by a QSD. All amendments are to be dated, attached to the SWPPP and
logged in Appendix J.
This SWPPP should be amended if any BMP is not installed according to the site map or if a BMP is
changed due to ineffectiveness.
The following items shall be in each amendment:
1.0 Who requested the amendment
2.0 The location of the proposed change
3.0 The reason for the change
4.0 The original BMP proposed, if any
5.0 The new BMP
The amendments for this SWPPP, along with the required approval can be found in the SWPPP Amendment
Log located in Appendix J. Any amendment to the SWPPP must be approved by the QSD.
5.1 RETENTION OF RECORDS
The Construction General Permit Section I.J.69 and IV.G requires that all dischargers maintain a paper or
electronic copy of all required records for three years from the date generated or date submitted, whichever
is last. The records must be available at the construction site until construction is completed. The discharger
shall furnish the RWQCB, SWRCB, OR USEPA, within a reasonable time, any requested information to
determine compliance with the Construction General Permit.
The final SWPPP shall be maintained for the time period indicated.
5.2 REPORTING REQUIREMENTS
As per the Construction General Permit, a Legally Responsible Person must submit electronically all
project/permit related documents (also known as Permit Registration Documents, or PRDs) for new projects
commencing on or after July 1, 2010 prior to commencement of construction activities through the Storm
water Multi- Application Report Tracking System (SMARTS).
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5.3 REQUIRED NON-COMPLIANCE REPORTING
<LRP> shall give advanced notice to the RWQCB of any changes in the construction-related activity which
may result in a non-compliance with the storm water requirement of the Construction General Permit.
Examples of non-compliance include, but are not limited to:
· Self-reporting of any discharge violations;
· Discharges which contain a hazardous substance.
5.4 ANNUAL REPORT
Diversified Project Services International Inc. shall prepared and electronically submit an Annual Report
via SMARTS no later than September 1 of each year. Reporting requirements include:
· Sampling and analysis results including laboratory reports, analytical methods and reporting limits
and change of custody forms
· Corrective actions and compliance activities
· Violations of the Construction General Permit
· Date, time, place and name(s) of the inspector(s) for all sampling, inspections and field
measurements
· Visual observation and sample collections records
· Training Documentations
5.5 CHANGES TO PERMIT COVERAGE
The General Construction Permit Section II. C allows a permittee to reduce or increase the total acreage
covered under the Construction General Permit when:
· A portion of the project is complete
· When conditions for termination of coverage have been met
· When ownership of a portion of the project is sold to a different entity
· When new acreage is added to the project
5.6 NOTICE OF TERMINATION
The General Construction Permit Section II. D requires that within 90 days of when construction is
complete or ownership has been transferred, the discharger shall electronically file a Notice of Termination
(NOT), a final site map, and photos through the State Water Boards SMARTS system. Filing a NOT
certifies that all Construction General Permit requirements have been met. The NOT is submitted when
the construction project is complete and all Construction General Permit requirements for termination and
final stabilization have been met. These requirements include:
· The site will not pose any additional sediment discharge risk than it did prior to construction
activity.
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· All construction related equipment, materials and any temporary BMPs no longer needed are
removed from the site.
· Post-Construction storm water management measures are installed and a long-term maintenance
plan that is designed for a minimum of 5-years has been developed.
The NOT must demonstrate through photos, RUSLE results, or results of testing and analysis that the
project meets all of the requirements of Section II.D.1 of the Construction General Permit by one of the
following methods:
· 70% final cover method (no computational proof required).
· RUSLE/RUSLE2 method (computational proof required).
· Custom Method
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APPENDIX A
NPDES CONSTRUCTION GENERAL PERMIT
For the complete construction general permit, see separate binder onsite.
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APPENDIX B
BMPS FROM THE 2009
CALIFORNIA CONSTRUCTION BMP HANDBOOK
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APPENDIX C
LIST OF POTENTIAL NON-VISIBLE POLLUTANTS
Scheduling EC-1
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Description and Purpose
Scheduling is the development of a written plan that includes
sequencing of construction activities and the implementation of
BMPs such as erosion control and sediment control while
taking local climate (rainfall, wind, etc.) into consideration.
The purpose is to reduce the amount and duration of soil
exposed to erosion by wind, rain, runoff, and vehicle tracking,
and to perform the construction activities and control practices
in accordance with the planned schedule.
Suitable Applications
Proper sequencing of construction activities to reduce erosion
potential should be incorporated into the schedule of every
construction project especially during rainy season. Use of
other, more costly yet less effective, erosion and sediment
control BMPs may often be reduced through proper
construction sequencing.
Limitations
Environmental constraints such as nesting season
prohibitions reduce the full capabilities of this BMP.
Implementation
Avoid rainy periods. Schedule major grading operations
during dry months when practical. Allow enough time
before rainfall begins to stabilize the soil with vegetation or
physical means or to install sediment trapping devices.
Plan the project and develop a schedule showing each phase
of construction. Clearly show how the rainy season relates
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Scheduling EC-1
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to soil disturbing and re-stabilization activities. Incorporate the construction schedule into
the SWPPP.
Include on the schedule, details on the rainy season implementation and deployment of:
Erosion control BMPs
Sediment control BMPs
Tracking control BMPs
Wind erosion control BMPs
Non-stormwater BMPs
Waste management and materials pollution control BMPs
Include dates for activities that may require non-stormwater discharges such as dewatering,
sawcutting, grinding, drilling, boring, crushing, blasting, painting, hydro-demolition, mortar
mixing, pavement cleaning, etc.
Work out the sequencing and timetable for the start and completion of each item such as site
clearing and grubbing, grading, excavation, paving, foundation pouring utilities installation,
etc., to minimize the active construction area during the rainy season.
Sequence trenching activities so that most open portions are closed before new
trenching begins.
Incorporate staged seeding and re-vegetation of graded slopes as work progresses.
Schedule establishment of permanent vegetation during appropriate planting time for
specified vegetation.
Non-active areas should be stabilized as soon as practical after the cessation of soil
disturbing activities or one day prior to the onset of precipitation.
Monitor the weather forecast for rainfall.
When rainfall is predicted, adjust the construction schedule to allow the implementation of
soil stabilization and sediment treatment controls on all disturbed areas prior to the onset of
rain.
Be prepared year round to deploy erosion control and sediment control BMPs. Erosion may
be caused during dry seasons by un-seasonal rainfall, wind, and vehicle tracking. Keep the
site stabilized year round, and retain and maintain rainy season sediment trapping devices
in operational condition.
Apply permanent erosion control to areas deemed substantially complete during the
project’s defined seeding window.
Costs
Construction scheduling to reduce erosion may increase other construction costs due to reduced
economies of scale in performing site grading. The cost effectiveness of scheduling techniques
should be compared with the other less effective erosion and sedimentation controls to achieve a
cost effective balance.
Scheduling EC-1
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Inspection and Maintenance
Verify that work is progressing in accordance with the schedule. If progress deviates, take
corrective actions.
Amend the schedule when changes are warranted.
Amend the schedule prior to the rainy season to show updated information on the
deployment and implementation of construction site BMPs.
References
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities Developing Pollution Prevention Plans and
Best Management Practices (EPA 832-R-92-005), U.S. Environmental Protection Agency, Office
of Water, September 1992.
Preservation Of Existing Vegetation EC-2
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Description and Purpose
Carefully planned preservation of existing vegetation minimizes
the potential of removing or injuring existing trees, vines,
shrubs, and grasses that protect soil from erosion.
Suitable Applications
Preservation of existing vegetation is suitable for use on most
projects. Large project sites often provide the greatest
opportunity for use of this BMP. Suitable applications include
the following:
Areas within the site where no construction activity occurs,
or occurs at a later date. This BMP is especially suitable to
multi year projects where grading can be phased.
Areas where natural vegetation exists and is designated for
preservation. Such areas often include steep slopes,
watercourse, and building sites in wooded areas.
Areas where local, state, and federal government require
preservation, such as vernal pools, wetlands, marshes,
certain oak trees, etc. These areas are usually designated on
the plans, or in the specifications, permits, or
environmental documents.
Where vegetation designated for ultimate removal can be
temporarily preserved and be utilized for erosion control
and sediment control.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Preservation Of Existing Vegetation EC-2
November 2009 California Stormwater BMP Handbook 2 of 4
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Limitations
Requires forward planning by the owner/developer, contractor, and design staff.
Limited opportunities for use when project plans do not incorporate existing vegetation into
the site design.
For sites with diverse topography, it is often difficult and expensive to save existing trees
while grading the site satisfactory for the planned development.
Implementation
The best way to prevent erosion is to not disturb the land. In order to reduce the impacts of new
development and redevelopment, projects may be designed to avoid disturbing land in sensitive
areas of the site (e.g., natural watercourses, steep slopes), and to incorporate unique or desirable
existing vegetation into the site’s landscaping plan. Clearly marking and leaving a buffer area
around these unique areas during construction will help to preserve these areas as well as take
advantage of natural erosion prevention and sediment trapping.
Existing vegetation to be preserved on the site must be protected from mechanical and other
injury while the land is being developed. The purpose of protecting existing vegetation is to
ensure the survival of desirable vegetation for shade, beautification, and erosion control.
Mature vegetation has extensive root systems that help to hold soil in place, thus reducing
erosion. In addition, vegetation helps keep soil from drying rapidly and becoming susceptible to
erosion. To effectively save existing vegetation, no disturbances of any kind should be allowed
within a defined area around the vegetation. For trees, no construction activity should occur
within the drip line of the tree.
Timing
Provide for preservation of existing vegetation prior to the commencement of clearing and
grubbing operations or other soil disturbing activities in areas where no construction activity
is planned or will occur at a later date.
Design and Layout
Mark areas to be preserved with temporary fencing. Include sufficient setback to protect
roots.
− Orange colored plastic mesh fencing works well.
− Use appropriate fence posts and adequate post spacing and depth to completely support
the fence in an upright position.
Locate temporary roadways, stockpiles, and layout areas to avoid stands of trees, shrubs,
and grass.
Consider the impact of grade changes to existing vegetation and the root zone.
Maintain existing irrigation systems where feasible. Temporary irrigation may be required.
Instruct employees and subcontractors to honor protective devices. Prohibit heavy
equipment, vehicular traffic, or storage of construction materials within the protected area.
Preservation Of Existing Vegetation EC-2
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Costs
There is little cost associated with preserving existing vegetation if properly planned during the
project design, and these costs may be offset by aesthetic benefits that enhance property values.
During construction, the cost for preserving existing vegetation will likely be less than the cost of
applying erosion and sediment controls to the disturbed area. Replacing vegetation
inadvertently destroyed during construction can be extremely expensive, sometimes in excess of
$10,000 per tree.
Inspection and Maintenance
During construction, the limits of disturbance should remain clearly marked at all times.
Irrigation or maintenance of existing vegetation should be described in the landscaping plan. If
damage to protected trees still occurs, maintenance guidelines described below should be
followed:
Verify that protective measures remain in place. Restore damaged protection measures
immediately.
Serious tree injuries shall be attended to by an arborist.
Damage to the crown, trunk, or root system of a retained tree shall be repaired immediately.
Trench as far from tree trunks as possible, usually outside of the tree drip line or canopy.
Curve trenches around trees to avoid large roots or root concentrations. If roots are
encountered, consider tunneling under them. When trenching or tunneling near or under
trees to be retained, place tunnels at least 18 in. below the ground surface, and not below the
tree center to minimize impact on the roots.
Do not leave tree roots exposed to air. Cover exposed roots with soil as soon as possible. If
soil covering is not practical, protect exposed roots with wet burlap or peat moss until the
tunnel or trench is ready for backfill.
Cleanly remove the ends of damaged roots with a smooth cut.
Fill trenches and tunnels as soon as possible. Careful filling and tamping will eliminate air
spaces in the soil, which can damage roots.
If bark damage occurs, cut back all loosened bark into the undamaged area, with the cut
tapered at the top and bottom and drainage provided at the base of the wood. Limit cutting
the undamaged area as much as possible.
Aerate soil that has been compacted over a trees root zone by punching holes 12 in. deep
with an iron bar, and moving the bar back and forth until the soil is loosened. Place holes 18
in. apart throughout the area of compacted soil under the tree crown.
Fertilization
− Fertilize stressed or damaged broadleaf trees to aid recovery.
− Fertilize trees in the late fall or early spring.
Preservation Of Existing Vegetation EC-2
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Apply fertilizer to the soil over the feeder roots and in accordance with label instructions,
but never closer than 3 ft to the trunk. Increase the fertilized area by one-fourth of the
crown area for conifers that have extended root systems.
Retain protective measures until all other construction activity is complete to avoid damage
during site cleanup and stabilization.
References
County of Sacramento Tree Preservation Ordinance, September 1981.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for The Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Hydraulic Mulch EC-3
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Description and Purpose
Hydraulic Mulch consists of various types of fibrous materials
mixed with water and sprayed onto the soil surface in slurry
form to provide a layer of temporary protection from wind and
water erosion.
Suitable Applications
Hydraulic mulch as a temporary, stand alone, erosion control
BMP is suitable for disturbed areas that require temporary
protection from wind and water erosion until permanent soil
stabilization activities commence. Examples include:
Rough-graded areas that will remain inactive for longer
than permit-required thresholds (e.g., 14 days) or otherwise
require stabilization to minimize erosion or prevent
sediment discharges.
Soil stockpiles.
Slopes with exposed soil between existing vegetation such
as trees or shrubs.
Slopes planted with live, container-grown vegetation or
plugs.
Slopes burned by wildfire.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-4 Hydroseeding
EC-5 Soil Binders
EC-6 Straw Mulch
EC-7 Geotextiles and Mats
EC-8 Wood Mulching
EC-14 Compost Blanket
EC-16 Non-Vegetative Stabilization
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Hydraulic mulch can also be applied to augment other erosion control BMPs such as:
In conjunction with straw mulch (see EC-6 Straw Mulch) where the rate of hydraulic mulch
is reduced to 100-500 lbs per acre and the slurry is applied over the straw as a tackifying
agent to hold the straw in place.
Supplemental application of soil amendments, such as fertilizer, lime, gypsum, soil bio-
stimulants or compost.
Limitations
In general, hydraulic mulch is not limited by slope length, gradient or soil type. However, the
following limitations typically apply:
Most hydraulic mulch applications, particularly bonded fiber matrices (BFMs), require at
least 24 hours to dry before rainfall occurs.
Temporary applications (i.e., without a vegetative component) may require a second
application in order to remain effective for an entire rainy season.
Treatment areas must be accessible to hydraulic mulching equipment.
Availability of water sources in remote areas for mixing and application.
As a stand-alone temporary BMP, hydraulic mulches may need to be re-applied to maintain
their erosion control effectiveness, typically after 6-12 months depending on the type of
mulch used.
Availability of hydraulic mulching equipment may be limited just prior to the rainy season
and prior to storms due to high demand.
Cellulose fiber mulches alone may not perform well on steep slopes or in course soils.
This BMP consists of a mixture of several constituents (e.g., fibers/mulches, tackifiers, and
other chemical constituents), some of which may be proprietary and may come pre-mixed by
the manufacturer. The water quality impacts of these constituents are relatively unknown
and some may have water quality impacts due to their chemical makeup. Refer to specific
chemical properties identified in the product Material Safety Data Sheet; products should be
evaluated for project-specific implementation by the SWPPP Preparer. Refer to factsheet
EC-05 for further guidance on selecting soil binders.
Implementation
Where feasible, it is preferable to prepare soil surfaces prior to application by roughening
embankments and fill areas with a crimping or punching type roller or by track walking.
The majority of hydraulic mulch applications do not necessarily require surface/soil
preparation (See EC-15 Soil Preparation) although in almost every case where re-vegetation
is included as part of the practice, soil preparation can be beneficial. One of the advantages
of hydraulic mulch over other erosion control methods is that it can be applied in areas
where soil preparation is precluded by site conditions, such as steep slopes, rocky soils, or
inaccessibility.
Hydraulic Mulch EC-3
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Avoid mulch over spray onto roads, sidewalks, drainage channels, existing vegetation, etc.
Hydraulic mulching is generally performed utilizing specialized machines that have a large
water-holding/mixing tank and some form of mechanical agitation or other recirculation
method to keep water, mulch and soil amendments in suspension. The mixed hydraulic
slurry can be applied from a tower sprayer on top of the machine or by extending a hose to
areas remote from the machine.
Where possible apply hydraulic mulch from multiple directions to adequately cover the soil.
Application from a single direction can result in shadowing, uneven coverage and failure of
the BMP.
Hydraulic mulch can also include a vegetative component, such as seed, rhizomes, or stolons
(see EC-4 Hydraulic Seed).
Typical hydraulic mulch application rates range from 2,000 pounds per acre for standard
mulches (SMs) to 3,500 pounds per acre for BFMs. However, the required amount of
hydraulic mulch to provide adequate coverage of exposed topsoil may appear to exceed the
standard rates when the roughness of the soil surface is changed due to soil preparation
methods (see EC-15 Soil Preparation) or by slope gradient.
Other factors such as existing soil moisture and soil texture can have a profound effect on
the amount of hydraulic mulch required (i.e. application rate) applied to achieve an erosion-
resistant covering.
Avoid use of mulch without a tackifier component, especially on slopes.
Mulches used in the hydraulic mulch slurry can include:
Cellulose fiber
Thermally-processed wood fibers
Cotton
Synthetics
Compost (see EC-14, Compost Blanket)
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Categories of Hydraulic Mulches
Standard Hydraulic Mulch (SM)
Standard hydraulic mulches are generally applied at a rate of 2,000 pounds per acre and are
manufactured containing around 5% tackifier (i.e. soil binder), usually a plant-derived guar or
psyllium type. Most standard mulches are green in color derived from food-color based dyes.
Hydraulic Mulch EC-3
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Hydraulic Matrices (HM) and Stabilized Fiber Matrices (SFM)
Hydraulic matrices and stabilized fiber matrices are slurries which contain increased levels of
tackifiers/soil binders; usually 10% or more by weight. HMs and SFMs have improved
performance compared to a standard hydraulic mulch (SM) because of the additional
percentage of tackifier and because of their higher application rates, typically 2,500 – 4,000
pounds per acre. Hydraulic matrices can include a mixture of fibers, for example, a 50/50 blend
of paper and wood fiber. In the case of an SFM, the tackifier/soil binder is specified as a
polyacrylamide (PAM).
Bonded Fiber Matrix (BFM)
Bonded fiber matrices (BFMs) are hydraulically-applied systems of fibers, adhesives (typically
guar based) and chemical cross-links. Upon drying, the slurry forms an erosion-resistant
blanket that prevents soil erosion and promotes vegetation establishment. The cross-linked
adhesive in the BFM should be biodegradable and should not dissolve or disperse upon re-
wetting. BFMs are typically applied at rates from 3,000 to 4,000 lbs/acre based on the
manufacturer’s recommendation. BFMs should not be applied immediately before, during or
immediately after rainfall or if the soil is saturated. Depending on the product, BFMs typically
require 12 to 24 hours to dry and become effective.
Mechanically-Bonded Fiber Matrices (MBFM)
Mechanically-bonded fiber matrices (MBFMs) are hydraulically applied systems similar to BFM
that use crimped synthetic fibers and PAM and are typically applied to a slope at a higher
application rate than a standard BFM.
Hydraulic Compost Matrix (HCM)
Hydraulic compost matrix (HCM) is a field-derived practice whereby finely graded or sifted
compost is introduced into the hydraulic mulch slurry. A guar-type tackifier can be added for
steeper slope applications as well as any specified seed mixtures. A HCM can help to accelerate
seed germination and growth. HCMs are particularly useful as an in-fill for three-dimensional
re-vegetation geocomposites, such as turf reinforcement mats (TRM) (see EC-7 Geotextiles and
Mats).
Costs
Average installed costs for hydraulic mulch categories are is provided in Table 1, below.
Table 1
HYDRAULIC MULCH BMPs
INSTALLED COSTS
BMP Installed Cost/Acre
Standard Hydraulic Mulching (SM) $1,700 - $3,600 per acre
Hydraulic Matrices (HM) and Stabilized Fiber Matrices
Guar-based
PAM-based
$2,000 - $4,000 per acre
$2,500 - $5,610 per acre
Bonded Fiber Matrix (BFM) $3,900 - $6,900 per acre
Mechanically Bonded Fiber Matrix (MBFM) $4,500 - $6,000 per acre
Hydraulic Compost Matrix (HCM) $3,000 - $3,500 per acre
Hydraulic Mulch EC-3
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Source: Cost information received from individual product manufacturers solicited by
Geosyntec Consultants (2004)
Inspection and Maintenance
Maintain an unbroken, temporary mulched ground cover throughout the period of
construction when the soils are not being reworked.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Areas where erosion is evident should be repaired and BMPs re-applied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require re-application of BMPs.
Compare the number of bags or weight of applied mulch to the area treated to determine
actual application rates and compliance with specifications.
References
Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical
Memorandum, State of California Department of Transportation (Caltrans), July 2007.
Controlling Erosion of Construction Sites, Agricultural Information #347, U.S. Department of
Agriculture (USDA), Natural Resources Conservation Service (NRCS) (formerly Soil
Conservation Service – SCS).
Guides for Erosion and Sediment Control in California, USDA Soils Conservation Service,
January 1991.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Sedimentation and Erosion Control, An Inventory of Current Practices Draft, US EPA, April
1990.
Soil Erosion by Water, Agriculture Information Bulletin #513, U.S. Department of Agriculture,
Soil Conservation Service.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Guidance Document: Soil Stabilization for Temporary Slopes, State of California Department of
Transportation (Caltrans), November 1999
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Hydroseeding EC-4
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Description and Purpose
Hydroseeding typically consists of applying a mixture of a
hydraulic mulch, seed, fertilizer, and stabilizing emulsion with
a hydraulic mulcher, to temporarily protect exposed soils from
erosion by water and wind. Hydraulic seeding, or
hydroseeding, is simply the method by which temporary or
permanent seed is applied to the soil surface.
Suitable Applications
Hydroseeding is suitable for disturbed areas requiring
temporary protection until permanent stabilization is
established, for disturbed areas that will be re-disturbed
following an extended period of inactivity, or to apply
permanent stabilization measures. Hydroseeding without
mulch or other cover (e.g. EC-7, Erosion Control Blanket) is not
a stand-alone erosion control BMP and should be combined
with additional measures until vegetation establishment.
Typical applications for hydroseeding include:
Disturbed soil/graded areas where permanent stabilization
or continued earthwork is not anticipated prior to seed
germination.
Cleared and graded areas exposed to seasonal rains or
temporary irrigation.
Areas not subject to heavy wear by construction equipment
or high traffic.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-5 Soil Binders
EC-6 Straw Mulch
EC-7 Geotextiles and Mats
EC-8 Wood Mulching
EC-14 Compost Blanket
EC-16 Non-Vegetative Stabilization
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Limitations
Availability of hydroseeding equipment may be limited just prior to the rainy season and
prior to storms due to high demand.
Hydraulic seed should be applied with hydraulic mulch or a stand-alone hydroseed
application should be followed by one of the following:
Straw mulch (see Straw Mulch EC-6)
Rolled erosion control products (see Geotextiles and Mats EC-7)
Application of Compost Blanket (see Compost Blanket EC-14)
Hydraulic seed may be used alone only on small flat surfaces when there is sufficient time in
the season to ensure adequate vegetation establishment and coverage to provide adequate
erosion control.
Hydraulic seed without mulch does not provide immediate erosion control.
Temporary seeding may not be appropriate for steep slopes (i.e., slopes readily prone to rill
erosion or without sufficient topsoil).
Temporary seeding may not be appropriate in dry periods without supplemental irrigation.
Temporary vegetation may have to be removed before permanent vegetation is applied.
Temporary vegetation may not be appropriate for short term inactivity (i.e. less than 3-6
months).
This BMP consists of a mixture of several constituents (e.g., fibers/mulches, tackifiers, and
other chemical constituents), some of which may be proprietary and may come pre-mixed by
the manufacturer. The water quality impacts of these constituents are relatively unknown
and some may have water quality impacts due to their chemical makeup. Additionally these
constituents may require non-visible pollutant monitoring. Refer to specific chemical
properties identified in the product Material Safety Data Sheet; products should be
evaluated for project-specific implementation by the SWPPP Preparer. Refer to factsheet
EC-05 for further guidance on selecting soil binders.
Implementation
In order to select appropriate hydraulic seed mixtures, an evaluation of site conditions should be
performed with respect to:
Soil conditions - Maintenance requirements
Site topography and exposure (sun/wind) - Sensitive adjacent areas
Season and climate - Water availability
Vegetation types - Plans for permanent vegetation
Hydroseeding EC-4
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The local office of the U.S.D.A. Natural Resources Conservation Service (NRCS), Resource
Conservation Districts and Agricultural Extension Service can provide information on
appropriate seed mixes.
The following steps should be followed for implementation:
Where appropriate or feasible, soil should be prepared to receive the seed by disking or
otherwise scarifying (See EC-15, Soil Preparation) the surface to eliminate crust, improve air
and water infiltration and create a more favorable environment for germination and growth.
Avoid use of hydraulic seed in areas where the BMP would be incompatible with future
earthwork activities.
Hydraulic seed can be applied using a multiple step or one step process.
In a multiple step process, hydraulic seed is applied first, followed by mulch or a Rolled
Erosion Control Product (RECP).
In the one step process, hydraulic seed is applied with hydraulic mulch in a hydraulic
matrix. When the one step process is used to apply the mixture of fiber, seed, etc., the
seed rate should be increased to compensate for all seeds not having direct contact with
the soil.
All hydraulically seeded areas should have mulch, or alternate erosion control cover to keep
seeds in place and to moderate soil moisture and temperature until the seeds germinate and
grow.
All seeds should be in conformance with the California State Seed Law of the Department of
Agriculture. Each seed bag should be delivered to the site sealed and clearly marked as to
species, purity, percent germination, dealer's guarantee, and dates of test. The container
should be labeled to clearly reflect the amount of Pure Live Seed (PLS) contained. All
legume seed should be pellet inoculated. Inoculant sources should be species specific and
should be applied at a rate of 2 lb of inoculant per 100 lb seed.
Commercial fertilizer should conform to the requirements of the California Food and
Agricultural Code, which can be found at
http://www.leginfo.ca.gov/.html/fac_table_of_contents.html. Fertilizer should be pelleted
or granular form.
Follow up applications should be made as needed to cover areas of poor coverage or
germination/vegetation establishment and to maintain adequate soil protection.
Avoid over spray onto roads, sidewalks, drainage channels, existing vegetation, etc.
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Hydroseeding EC-4
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Costs
Average cost for installation and maintenance may vary from as low as $1,900 per acre for flat
slopes and stable soils, to $4,000 per acre for moderate to steep slopes and/or erosive soils.
Cost of seed mixtures vary based on types of required vegetation.
BMP Installed
Cost per Acre
Hydraulic Seed $1,900-$4,000
Source: Cost information received from individual product manufacturers solicited by
Geosyntec Consultants (2004).
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Areas where erosion is evident should be repaired and BMPs re-applied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require re-application of BMPs.
Where seeds fail to germinate, or they germinate and die, the area must be re-seeded,
fertilized, and mulched within the planting season, using not less than half the original
application rates.
Irrigation systems, if applicable, should be inspected daily while in use to identify system
malfunctions and line breaks. When line breaks are detected, the system must be shut down
immediately and breaks repaired before the system is put back into operation.
Irrigation systems should be inspected for complete coverage and adjusted as needed to
maintain complete coverage.
References
Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical
Memorandum, State of California Department of Transportation (Caltrans), July 2007.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Guidance Document: Soil Stabilization for Temporary Slopes, State of California Department of
Transportation (Caltrans), November 1999.
Soil Binders EC-5
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Description and Purpose
Soil binding consists of application and maintenance of a soil
stabilizer to exposed soil surfaces. Soil binders are materials
applied to the soil surface to temporarily prevent water and
wind induced erosion of exposed soils on construction sites.
Suitable Applications
Soil binders are typically applied to disturbed areas requiring
temporary protection. Because soil binders, when used as a
stand-alone practice, can often be incorporated into the soil,
they are a good alternative to mulches in areas where grading
activities will soon resume. Soil binders are commonly used in
the following areas:
Rough graded soils that will be inactive for a short period of
time
Soil stockpiles
Temporary haul roads prior to placement of crushed rock
Compacted soil road base
Construction staging, materials storage, and layout areas
Limitations
Soil binders are temporary in nature and may need
reapplication.
Soil binders require a minimum curing time until fully
effective, as prescribed by the manufacturer. Curing time
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
EC-6 Straw Mulch
EC-7 Geotextiles and Mats
EC-8 Wood Mulching
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may be 24 hours or longer. Soil binders may need reapplication after a storm event.
Soil binders will generally experience spot failures during heavy rainfall events. If runoff
penetrates the soil at the top of a slope treated with a soil binder, it is likely that the runoff
will undercut the stabilized soil layer and discharge at a point further down slope.
Plant-material-based soil binders do not generally hold up to pedestrian or vehicular traffic
across treated areas as well as polymeric emulsion blends or cementitious-based binders.
Soil binders may not sufficiently penetrate compacted soils.
Some soil binders are soil texture specific in terms of their effectiveness. For example,
polyacrylamides (PAMs) work very well on silt and clayey soils but their performance
decreases dramatically in sandy soils.
Some soil binders may not perform well with low relative humidity. Under rainy conditions,
some agents may become slippery or leach out of the soil.
Soil binders may not cure if low temperatures occur within 24 hours of application.
The water quality impacts of some chemical soil binders are relatively unknown and some
may have water quality impacts due to their chemical makeup. Additionally, these chemical
may require non-visible pollutant monitoring. Products should be evaluated for project-
specific implementation by the SWPPP Preparer. Refer to the product Material Safety Data
Sheet for chemical properties.
Implementation
General Considerations
Soil binders should conform to local municipality specifications and requirements.
Site soil types will dictate appropriate soil binders to be used.
A soil binder must be environmentally benign (non-toxic to plant and animal life), easy to
apply, easy to maintain, economical, and should not stain paved or painted surfaces. Soil
binders should not pollute stormwater when cured. Obtain a Material Safety Data Sheet
(MSDS) from the manufacturer to ensure non-toxicity.
Stormwater runoff from PAM treated soils should pass through one of the following
sediment control BMP prior to discharging to surface waters.
When the total drainage area is greater than or equal to 5 acres, PAM treated areas
should drain to a sediment basin.
Areas less than 5 acres should drain to sediment control BMPs, such as a sediment trap,
or a series of check dams. The total number of check dams used should be maximized to
achieve the greatest amount of settlement of sediment prior to discharging from the site.
Each check dam should be spaced evenly in the drainage channel through which
stormwater flows are discharged off site.
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Performance of soil binders depends on temperature, humidity, and traffic across treated
areas.
Avoid over spray onto roads, sidewalks, drainage channels, existing vegetation, etc.
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Selecting a Soil Binder
Properties of common soil binders used for erosion control are provided on Table 1 at the end of
this Fact Sheet. Use Table 1 to select an appropriate soil binder. Refer to WE-1, Wind Erosion
Control, for dust control soil binders.
Factors to consider when selecting a soil binder include the following:
Suitability to situation - Consider where the soil binder will be applied, if it needs a high
resistance to leaching or abrasion, and whether it needs to be compatible with any existing
vegetation. Determine the length of time soil stabilization will be needed, and if the soil
binder will be placed in an area where it will degrade rapidly. In general, slope steepness is
not a discriminating factor for the listed soil binders.
Soil types and surface materials - Fines and moisture content are key properties of surface
materials. Consider a soil binder's ability to penetrate, likelihood of leaching, and ability to
form a surface crust on the surface materials.
Frequency of application - The frequency of application is related to the functional longevity
of the binder, which can be affected by subgrade conditions, surface type, climate, and
maintenance schedule.
Frequent applications could lead to high costs. Application frequency may be minimized if
the soil binder has good penetration, low evaporation, and good longevity. Consider also
that frequent application will require frequent equipment clean up.
Plant-Material-Based (Short Lived, <6 months) Binders
Guar: Guar is a non-toxic, biodegradable, natural galactomannan-based hydrocolloid treated
with dispersant agents for easy field mixing. It should be mixed with water at the rate of 11 to 15
lb per 1,000 gallons. Recommended minimum application rates are as follows:
Application Rates for Guar Soil Stabilizer
Slope (H:V): Flat 4:1 3:1 2:1 1:1
lb/acre: 40 45 50 60 70
Psyllium: Psyllium is composed of the finely ground muciloid coating of plantago seeds that is
applied as a dry powder or in a wet slurry to the surface of the soil. It dries to form a firm but
rewettable membrane that binds soil particles together, but permits germination and growth of
seed. Psyllium requires 12 to 18 hours drying time. Application rates should be from 80 to 200
lb/acre, with enough water in solution to allow for a uniform slurry flow.
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Starch: Starch is non-ionic, cold water soluble (pre-gelatinized) granular cornstarch. The
material is mixed with water and applied at the rate of 150 lb/acre. Approximate drying time is
9 to 12 hours.
Plant-Material-Based (Long Lived, 6-12 months) Binders
Pitch and Rosin Emulsion: Generally, a non-ionic pitch and rosin emulsion has a minimum
solids content of 48%. The rosin should be a minimum of 26% of the total solids content. The
soil stabilizer should be non-corrosive, water dilutable emulsion that upon application cures to a
water insoluble binding and cementing agent. For soil erosion control applications, the
emulsion is diluted and should be applied as follows:
For clayey soil: 5 parts water to 1 part emulsion
For sandy soil: 10 parts water to 1 part emulsion
Application can be by water truck or hydraulic seeder with the emulsion and product mixture
applied at the rate specified by the manufacturer.
Polymeric Emulsion Blend Binders
Acrylic Copolymers and Polymers: Polymeric soil stabilizers should consist of a liquid or solid
polymer or copolymer with an acrylic base that contains a minimum of 55% solids. The
polymeric compound should be handled and mixed in a manner that will not cause foaming or
should contain an anti-foaming agent. The polymeric emulsion should not exceed its shelf life
or expiration date; manufacturers should provide the expiration date. Polymeric soil stabilizer
should be readily miscible in water, non-injurious to seed or animal life, non-flammable, should
provide surface soil stabilization for various soil types without totally inhibiting water
infiltration, and should not re-emulsify when cured. The applied compound typically requires
12 to 24 hours drying time. Liquid copolymer should be diluted at a rate of 10 parts water to 1
part polymer and the mixture applied to soil at a rate of 1,175 gallons/acre.
Liquid Polymers of Methacrylates and Acrylates: This material consists of a tackifier/sealer that
is a liquid polymer of methacrylates and acrylates. It is an aqueous 100% acrylic emulsion blend
of 40% solids by volume that is free from styrene, acetate, vinyl, ethoxylated surfactants or
silicates. For soil stabilization applications, it is diluted with water in accordance with the
manufacturer’s recommendations, and applied with a hydraulic seeder at the rate of 20
gallons/acre. Drying time is 12 to 18 hours after application.
Copolymers of Sodium Acrylates and Acrylamides: These materials are non-toxic, dry powders
that are copolymers of sodium acrylate and acrylamide. They are mixed with water and applied
to the soil surface for erosion control at rates that are determined by slope gradient:
Slope Gradient
(H:V) lb/acre
Flat to 5:1 3.0 – 5.0
5:1 to 3:1 5.0 – 10.0
2:1 to 1:1 10.0 – 20.0
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Poly-Acrylamide (PAM) and Copolymer of Acrylamide: Linear copolymer polyacrylamide for
use as a soil binder is packaged as a dry flowable solid, as a liquid. Refer to the manufacturer’s
recommendation for dilution and application rates as they vary based on liquid or dry form, site
conditions and climate.
Limitations specific to PAM are as follows:
Do not use PAM on a slope that flows into a water body without passing through a
sediment trap or sediment basin.
The specific PAM copolymer formulation must be anionic. Cationic PAM should not be
used in any application because of known aquatic toxicity problems. Only the highest
drinking water grade PAM, certified for compliance with ANSI/NSF Standard 60 for
drinking water treatment, should be used for soil applications.
PAM designated for erosion and sediment control should be “water soluble” or “linear”
or “non-cross linked”.
PAM should not be used as a stand-alone BMP to protect against water-based erosion.
When combined with mulch, its effectiveness increases dramatically.
Hydro-Colloid Polymers: Hydro-Colloid Polymers are various combinations of dry flowable
poly-acrylamides, copolymers and hydro-colloid polymers that are mixed with water and
applied to the soil surface at rates of 55 to 60 lb/acre. Drying times are 0 to 4 hours.
Cementitious-Based Binders
Gypsum: This is a formulated gypsum based product that readily mixes with water and mulch
to form a thin protective crust on the soil surface. It is composed of high purity gypsum that is
ground, calcined and processed into calcium sulfate hemihydrate with a minimum purity of
86%. It is mixed in a hydraulic seeder and applied at rates 4,000 to 12,000 lb/acre. Drying
time is 4 to 8 hours.
Applying Soil Binders
After selecting an appropriate soil binder, the untreated soil surface must be prepared before
applying the soil binder. The untreated soil surface must contain sufficient moisture to assist
the agent in achieving uniform distribution. In general, the following steps should be followed:
Follow manufacturer’s written recommendations for application rates, pre-wetting of
application area, and cleaning of equipment after use.
Prior to application, roughen embankment and fill areas.
Consider the drying time for the selected soil binder and apply with sufficient time before
anticipated rainfall. Soil binders should not be applied during or immediately before
rainfall.
Avoid over spray onto roads, sidewalks, drainage channels, sound walls, existing vegetation,
etc.
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Soil binders should not be applied to frozen soil, areas with standing water, under freezing
or rainy conditions, or when the temperature is below 40°F during the curing period.
More than one treatment is often necessary, although the second treatment may be diluted
or have a lower application rate.
Generally, soil binders require a minimum curing time of 24 hours before they are fully
effective. Refer to manufacturer's instructions for specific cure time.
For liquid agents:
Crown or slope ground to avoid ponding.
Uniformly pre-wet ground at 0.03 to 0.3 gal/yd2 or according to manufacturer’s
recommendations.
Apply solution under pressure. Overlap solution 6 to 12 in.
Allow treated area to cure for the time recommended by the manufacturer; typically at
least 24 hours.
Apply second treatment before first treatment becomes ineffective, using 50%
application rate.
In low humidities, reactivate chemicals by re-wetting with water at 0.1 to 0.2 gal/yd2.
Costs
Costs vary according to the soil stabilizer selected for implementation. The following are
approximate installed costs:
Soil Binder Cost per Acre
(2004)1
Estimated Cost
per Acre
(2009)2
Plant-Material-Based (Short Lived) Binders $700-$900 $770-$990
Plant-Material-Based (Long Lived) Binders $1,200-$1,500 $1,320-$1,650
Polymeric Emulsion Blend Binders $700 -$1,500 $770-$1,650
Cementitious-Based Binders $800-$1,200 $880-$1,350
1. Source: Cost information received from individual product manufacturers solicited by
Geosyntec Consultants (2004).
2. 2009 costs reflect a 10% escalation over year 2004 costs. Escalation based on informal
survey of industry trends. Note: Expected cost increase is offset by competitive economic
conditions.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
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Areas where erosion is evident should be repaired and BMPs re-applied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require re-application of BMPs.
Reapply the selected soil binder as needed to maintain effectiveness.
Table 1 Properties of Soil Binders for Erosion Control
Evaluation Criteria
Binder Type
Plant Material
Based (Short
Lived)
Plant Material
Based (Long
Lived)
Polymeric
Emulsion Blends
Cementitious-
Based Binders
Relative Cost Low Moderate to
High Low to High Low to Moderate
Resistance to Leaching High High Low to Moderate Moderate
Resistance to Abrasion Moderate Low Moderate to High Moderate to High
Longevity Short to Medium Medium Medium to Long Medium
Minimum Curing Time
before Rain 9 to 18 hours 19 to 24 hours 0 to 24 hours 4 to 8 hours
Compatibility with
Existing Vegetation Good Poor Poor Poor
Mode of Degradation Biodegradable Biodegradable
Photodegradable/
Chemically
Degradable
Photodegradable/
Chemically
Degradable
Labor Intensive No No No No
Specialized Application
Equipment
Water Truck or
Hydraulic
Mulcher
Water Truck or
Hydraulic
Mulcher
Water Truck or
Hydraulic Mulcher
Water Truck or
Hydraulic Mulcher
Liquid/Powder Powder Liquid Liquid/Powder Powder
Surface Crusting Yes, but dissolves
on rewetting Yes Yes, but dissolves on
rewetting Yes
Clean Up Water Water Water Water
Erosion Control
Application Rate Varies (1) Varies (1) Varies (1) 4,000 to 12,000
lbs/acre
(1) See Implementation for specific rates.
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References
Erosion Control Pilot Study Report, State of California Department of Transportation
(Caltrans), June 2000.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Sedimentation and Erosion Control, An Inventory of Current Practices Draft, US EPA, April
1990.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Guidance Document: Soil Stabilization for Temporary Slopes, State of California Department of
Transportation (Caltrans), November 1999.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
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Description and Purpose
Straw mulch consists of placing a uniform layer of straw and
incorporating it into the soil with a studded roller or crimper, or
anchoring it with a tackifier or stabilizing emulsion. Straw
mulch protects the soil surface from the impact of rain drops,
preventing soil particles from becoming dislodged.
Suitable Applications
Straw mulch is suitable for disturbed areas requiring temporary
protection until permanent stabilization is established. Straw
mulch can be specified for the following applications:
As a stand-alone BMP on disturbed areas until soils can be
prepared for permanent vegetation. The longevity of straw
mulch is typically less than six months.
Applied in combination with temporary seeding strategies
Applied in combination with permanent seeding strategies
to enhance plant establishment and final soil stabilization
Applied around containerized plantings to control erosion
until the plants become established to provide permanent
stabilization
Limitations
Availability of straw and straw blowing equipment may be
limited just prior to the rainy season and prior to storms
due to high demand.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
EC-5 Soil Binders
EC-7 Geotextiles and Mats
EC-8 Wood Mulching
EC-14 Compost Blanket
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There is a potential for introduction of weed seed and unwanted plant material if weed-free
agricultural straw is not specified.
Straw mulch applied by hand is more time intensive and potentially costly.
Wind may limit application of straw and blow straw into undesired locations.
May have to be removed prior to permanent seeding or prior to further earthwork.
“Punching” of straw does not work in sandy soils, necessitating the use of tackifiers.
Potential fugitive dust control issues associated with straw applications can occur.
Application of a stabilizing emulsion or a water stream at the same time straw is being blown
can reduce this problem.
Use of plastic netting should be avoided in areas where wildlife may be entrapped and may
be prohibited for projects in certain areas with sensitive wildlife species, especially reptiles
and amphibians.
Implementation
Straw should be derived from weed-free wheat, rice, or barley. Where required by the plans,
specifications, permits, or environmental documents, native grass straw should be used.
Use tackifier to anchor straw mulch to the soil on slopes.
Crimping, punch roller-type rollers, or track walking may also be used to incorporate straw
mulch into the soil on slopes. Track walking can be used where other methods are
impractical.
Avoid placing straw onto roads, sidewalks, drainage channels, sound walls, existing
vegetation, etc.
Straw mulch with tackifier should not be applied during or immediately before rainfall.
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Application Procedures
When using a tackifier to anchor the straw mulch, roughen embankment or fill areas by
rolling with a crimping or punching-type roller or by track walking before placing the straw
mulch. Track walking should only be used where rolling is impractical.
Apply straw at a rate of between 3,000 and 4,000 lb/acre, either by machine or by hand
distribution and provide 100% ground cover. A lighter application is used for flat surfaces
and a heavier application is used for slopes.
Evenly distribute straw mulch on the soil surface.
Anchoring straw mulch to the soil surface by "punching" it into the soil mechanically
(incorporating) can be used in lieu of a tackifier.
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Methods for holding the straw mulch in place depend upon the slope steepness, accessibility,
soil conditions, and longevity.
A tackifier acts to glue the straw fibers together and to the soil surface. The tackifier
should be selected based on longevity and ability to hold the fibers in place. A tackifier is
typically applied at a rate of 125 lb/acre. In windy conditions, the rates are typically 180
lb/acre.
On very small areas, a spade or shovel can be used to punch in straw mulch.
On slopes with soils that are stable enough and of sufficient gradient to safely support
construction equipment without contributing to compaction and instability problems,
straw can be "punched" into the ground using a knife blade roller or a straight bladed
coulter, known commercially as a "crimper.”
Costs
Average annual cost for installation and maintenance is included in the table below. Application
by hand is more time intensive and potentially more costly.
BMP Unit Cost per Acre
Straw mulch, crimped or punched $2,458-$5,375
Straw mulch with tackifier $1,823-$4,802
Source: Cost information received from individual product suppliers solicited by
Geosyntec Consultants (2004).
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Areas where erosion is evident should be repaired and BMPs re-applied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require re-application of BMPs.
The key consideration in inspection and maintenance is that the straw needs to last long
enough to achieve erosion control objectives. Straw mulch as a stand-alone BMP is
temporary and is not suited for long-term erosion control.
Maintain an unbroken, temporary mulched ground cover while disturbed soil areas are
inactive. Repair any damaged ground cover and re-mulch exposed areas.
Reapplication of straw mulch and tackifier may be required to maintain effective soil
stabilization over disturbed areas and slopes.
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References
Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical
Memorandum, State of California Department of Transportation (Caltrans), July 2007.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Controlling Erosion of Construction Sites, Agricultural Information Bulletin #347, U.S.
Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) (formerly
Soil Conservation Service – SCS).
Guides for Erosion and Sediment Control in California, USDA Soils Conservation Service,
January 1991.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Soil Erosion by Water, Agricultural Information Bulletin #513, U.S. Department of Agriculture,
Soil Conservation Service.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
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Description and Purpose
Mattings, or Rolled Erosion Control Products (RECPs), can be
made of natural or synthetic materials or a combination of the
two. RECPs are used to cover the soil surface to reduce erosion
from rainfall impact, hold soil in place, and absorb and hold
moisture near the soil surface. Additionally, RECPs may be
used to stabilize soils until vegetation is established or to
reinforce non-woody surface vegetation.
Suitable Applications
RECPs are typically applied on slopes where erosion hazard is
high and vegetation will be slow to establish. Mattings are also
used on stream banks, swales and other drainage channels
where moving water at velocities between 3 ft/s and 6 ft/s are
likely to cause scour and wash out new vegetation, and in areas
where the soil surface is disturbed and where existing
vegetation has been removed. RECPs may also be used when
seeding cannot occur (e.g., late season construction and/or the
arrival of an early rain season). RECPs should be considered
when the soils are fine grained and potentially erosive. RECPs
should be considered in the following situations.
Steep slopes, generally steeper than 3:1 (H:V)
Slopes where the erosion potential is high
Slopes and disturbed soils where mulch must be anchored
Disturbed areas where plants are slow to develop
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
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Channels with flows exceeding 3.3 ft/s
Channels to be vegetated
Stockpiles
Slopes adjacent to water bodies
Limitations
RECP installed costs are generally higher than other erosion control BMPs, limiting their use
to areas where other BMPs are ineffective (e.g. channels, steep slopes).
RECPs may delay seed germination, due to reduction in soil temperature.
RECPs are generally not suitable for excessively rocky sites or areas where the final
vegetation will be mowed (since staples and netting can catch in mowers). If a staple or pin
cannot be driven into the soil because the underlying soil is too hard or rocky, then an
alternative BMP should be selected.
If used for temporary erosion control, RECPs should be removed and disposed of prior to
application of permanent soil stabilization measures.
The use of plastic should be limited to covering stockpiles or very small graded areas for
short periods of time (such as through one imminent storm event) until more
environmentally friendly measures, such as seeding and mulching, may be installed.
- Plastic sheeting is easily vandalized, easily torn, photodegradable, and must be
disposed of at a landfill.
- Plastic sheeting results in 100% runoff, which may cause serious erosion
problems in the areas receiving the increased flow.
RECPs may have limitations based on soil type, slope gradient, or channel flow rate; consult
the manufacturer for proper selection.
Not suitable for areas that have foot traffic (tripping hazard) – e.g., pad areas around
buildings under construction.
RECPs that incorporate a plastic netting (e.g. straw blanket typically uses a plastic netting to
hold the straw in place) may not be suitable near known wildlife habitat. Wildlife can
become trapped in the plastic netting.
RECPs may have limitations in extremely windy climates. However, when RECPs are
properly trenched at the top and bottom and stapled in accordance with the manufacturer’s
recommendations, problems with wind can be minimized.
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Implementation
Material Selection
Natural RECPs have been found to be effective where re-vegetation will be provided by re-
seeding. The choice of material should be based on the size of area, side slopes, surface
conditions such as hardness, moisture, weed growth, and availability of materials.
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
The following natural and synthetic RECPs are commonly used:
Geotextiles
Material can be a woven or a non-woven polypropylene fabric with minimum thickness of
0.06 in., minimum width of 12 ft and should have minimum tensile strength of 150 lbs
(warp), 80 lbs (fill) in conformance with the requirements in ASTM Designation: D 4632.
The permittivity of the fabric should be approximately 0.07 sec–1 in conformance with the
requirements in ASTM Designation: D4491. The fabric should have an ultraviolet (UV)
stability of 70 percent in conformance with the requirements in ASTM designation: D4355.
Geotextile blankets must be secured in place with wire staples or sandbags and by keying
into tops of slopes to prevent infiltration of surface waters under geotextile. Staples should
be made of minimum 11 gauge steel wire and should be U-shaped with 8 in. legs and 2 in.
crown.
Geotextiles may be reused if they are suitable for the use intended.
Plastic Covers
Generally plastic sheeting should only be used as stockpile covering or for very small graded
areas for short periods of time (such as through one imminent storm event). If plastic
sheeting must be used, choose a plastic that will withstand photo degradation.
Plastic sheeting should have a minimum thickness of 6 mils, and must be keyed in at the top
of slope (when used as a temporary slope protection) and firmly held in place with sandbags
or other weights placed no more than 10 ft apart. Seams are typically taped or weighted
down their entire length, and there should be at least a 12 in. to 24 in. overlap of all seams.
Edges should be embedded a minimum of 6 in. in soil (when used as a temporary slope
protection).
All sheeting must be inspected periodically after installation and after significant rainstorms
to check for erosion, undermining, and anchorage failure. Any failures must be repaired
immediately. If washout or breakages occur, the material should be re-installed after
repairing the damage to the slope.
Erosion Control Blankets/Mats
Biodegradable RECPs are typically composed of jute fibers, curled wood fibers, straw,
coconut fiber, or a combination of these materials. In order for an RECP to be considered
100% biodegradable, the netting, sewing or adhesive system that holds the biodegradable
mulch fibers together must also be biodegradable. See typical installation details at the end
of this fact sheet.
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- Jute is a natural fiber that is made into a yarn that is loosely woven into a biodegradable
mesh. The performance of jute as a stand-alone RECP is low. Most other RECPs
outperform jute as a temporary erosion control product and therefore jute is not
commonly used. It is designed to be used in conjunction with vegetation. The material
is supplied in rolled strips, which should be secured to the soil with U-shaped staples or
stakes in accordance with manufacturers’ recommendations.
- Excelsior (curled wood fiber) blanket material should consist of machine produced
mats of curled wood excelsior with 80 percent of the fiber 6 in. or longer. The excelsior
blanket should be of consistent thickness. The wood fiber must be evenly distributed
over the entire area of the blanket. The top surface of the blanket should be covered with
a photodegradable extruded plastic mesh. The blanket should be smolder resistant
without the use of chemical additives and should be non-toxic and non-injurious to plant
and animal life. Excelsior blankets should be furnished in rolled strips, a minimum of 48
in. wide, and should have an average weight of 0.8 lb/yd2, 10 percent, at the time of
manufacture. Excelsior blankets must be secured in place with wire staples. Staples
should be made of minimum 11 gauge steel wire and should be U-shaped with 8 in. legs
and 2 in. crown.
- Straw blanket should be machine produced mats of straw with a lightweight
biodegradable netting top layer. The straw should be attached to the netting with
biodegradable thread or glue strips. The straw blanket should be of consistent thickness.
The straw should be evenly distributed over the entire area of the blanket. Straw blanket
should be furnished in rolled strips a minimum of 6.5 ft wide, a minimum of 80 ft long
and a minimum of 0.5 lb/yd2. Straw blankets must be secured in place with wire staples.
Staples should be made of minimum 11 gauge steel wire and should be U-shaped with 8
in. legs and 2 in. crown.
- Wood fiber blanket is composed of biodegradable fiber mulch with extruded plastic
netting held together with adhesives. The material is designed to enhance re-vegetation.
The material is furnished in rolled strips, which must be secured to the ground with U-
shaped staples or stakes in accordance with manufacturers’ recommendations.
- Coconut fiber blanket should be a machine produced mat of 100 percent coconut
fiber with biodegradable netting on the top and bottom. The coconut fiber should be
attached to the netting with biodegradable thread or glue strips. The coconut fiber
blanket should be of consistent thickness. The coconut fiber should be evenly distributed
over the entire area of the blanket. Coconut fiber blanket should be furnished in rolled
strips with a minimum of 6.5 ft wide, a minimum of 80 ft. long and a minimum of 0.5
lb/yd2. Coconut fiber blankets must be secured in place with wire staples. Staples
should be made of minimum 11 gauge steel wire and should be U-shaped with 8 in. legs
and 2 in. crown.
- Coconut fiber mesh is a thin permeable membrane made from coconut or corn fiber
that is spun into a yarn and woven into a biodegradable mat. It is designed to be used in
conjunction with vegetation and typically has longevity of several years. The material is
supplied in rolled strips, which must be secured to the soil with U-shaped staples or
stakes in accordance with manufacturers’ recommendations.
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- Straw coconut fiber blanket should be machine produced mats of 70 percent straw
and 30 percent coconut fiber with a biodegradable netting top layer and a biodegradable
bottom net. The straw and coconut fiber should be attached to the netting with
biodegradable thread or glue strips. The straw coconut fiber blanket should be of
consistent thickness. The straw and coconut fiber should be evenly distributed over the
entire area of the blanket. Straw coconut fiber blanket should be furnished in rolled
strips a minimum of 6.5 ft wide, a minimum of 80 ft long and a minimum of 0.5 lb/yd2.
Straw coconut fiber blankets must be secured in place with wire staples. Staples should
be made of minimum 11 gauge steel wire and should be U-shaped with 8 in. legs and 2 in.
crown.
Non-biodegradable RECPs are typically composed of polypropylene, polyethylene, nylon or
other synthetic fibers. In some cases, a combination of biodegradable and synthetic fibers is
used to construct the RECP. Netting used to hold these fibers together is typically non-
biodegradable as well.
- Plastic netting is a lightweight biaxially oriented netting designed for securing loose
mulches like straw or paper to soil surfaces to establish vegetation. The netting is
photodegradable. The netting is supplied in rolled strips, which must be secured with U-
shaped staples or stakes in accordance with manufacturers’ recommendations.
- Plastic mesh is an open weave geotextile that is composed of an extruded synthetic
fiber woven into a mesh with an opening size of less than ¼ in. It is used with re-
vegetation or may be used to secure loose fiber such as straw to the ground. The material
is supplied in rolled strips, which must be secured to the soil with U-shaped staples or
stakes in accordance with manufacturers’ recommendations.
- Synthetic fiber with netting is a mat that is composed of durable synthetic fibers
treated to resist chemicals and ultraviolet light. The mat is a dense, three dimensional
mesh of synthetic (typically polyolefin) fibers stitched between two polypropylene nets.
The mats are designed to be re-vegetated and provide a permanent composite system of
soil, roots, and geomatrix. The material is furnished in rolled strips, which must be
secured with U-shaped staples or stakes in accordance with manufacturers’
recommendations.
- Bonded synthetic fibers consist of a three dimensional geomatrix nylon (or other
synthetic) matting. Typically it has more than 90 percent open area, which facilitates
root growth. It’s tough root reinforcing system anchors vegetation and protects against
hydraulic lift and shear forces created by high volume discharges. It can be installed
over prepared soil, followed by seeding into the mat. Once vegetated, it becomes an
invisible composite system of soil, roots, and geomatrix. The material is furnished in
rolled strips that must be secured with U-shaped staples or stakes in accordance with
manufacturers’ recommendations.
- Combination synthetic and biodegradable RECPs consist of biodegradable fibers,
such as wood fiber or coconut fiber, with a heavy polypropylene net stitched to the top
and a high strength continuous filament geomatrix or net stitched to the bottom. The
material is designed to enhance re-vegetation. The material is furnished in rolled strips,
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which must be secured with U-shaped staples or stakes in accordance with
manufacturers’ recommendations.
Site Preparation
Proper soil preparation is essential to ensure complete contact of the RECP with the soil. Soil
Roughening is not recommended in areas where RECPs will be installed.
Grade and shape the area of installation.
Remove all rocks, clods, vegetation or other obstructions so that the installed blankets or
mats will have complete, direct contact with the soil.
Prepare seedbed by loosening 2 to 3 in. of topsoil.
Seeding/Planting
Seed the area before blanket installation for erosion control and re-vegetation. Seeding after
mat installation is often specified for turf reinforcement application. When seeding prior to
blanket installation, all areas disturbed during blanket installation must be re-seeded. Where
soil filling is specified for turf reinforcement mats (TRMs), seed the matting and the entire
disturbed area after installation and prior to filling the mat with soil.
Fertilize and seed in accordance with seeding specifications or other types of landscaping plans.
The protective matting can be laid over areas where grass has been planted and the seedlings
have emerged. Where vines or other ground covers are to be planted, lay the protective matting
first and then plant through matting according to design of planting.
Check Slots
Check slots shall be installed as required by the manufacturer.
Laying and Securing Matting
Before laying the matting, all check slots should be installed and the seedbed should be
friable, made free from clods, rocks, and roots. The surface should be compacted and
finished according to the requirements of the manufacturer’s recommendations.
Mechanical or manual lay down equipment should be capable of handling full rolls of fabric
and laying the fabric smoothly without wrinkles or folds. The equipment should meet the
fabric manufacturer’s recommendations or equivalent standards.
Anchoring
U-shaped wire staples, metal geotextile stake pins, or triangular wooden stakes can be used
to anchor mats and blankets to the ground surface.
Wire staples should be made of minimum 11 gauge steel wire and should be U-shaped with 8
in. legs and 2 in. crown.
Metal stake pins should be 0.188 in. diameter steel with a 1.5 in. steel washer at the head of
the pin, and 8 in. in length.
Wire staples and metal stakes should be driven flush to the soil surface.
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Installation on Slopes
Installation should be in accordance with the manufacturer's recommendations. In general,
these will be as follows:
Begin at the top of the slope and anchor the blanket in a 6 in. deep by 6 in. wide trench.
Backfill trench and tamp earth firmly.
Unroll blanket down slope in the direction of water flow.
Overlap the edges of adjacent parallel rolls 2 to 3 in. and staple every 3 ft (or greater, per
manufacturer’s specifications).
When blankets must be spliced, place blankets end over end (shingle style) with 6 in.
overlap. Staple through overlapped area, approximately 12 in. apart.
Lay blankets loosely and maintain direct contact with the soil. Do not stretch.
Staple blankets sufficiently to anchor blanket and maintain contact with the soil. Staples
should be placed down the center and staggered with the staples placed along the edges.
Steep slopes, 1:1 (H:V) to 2:1 (H:V), require a minimum of 2 staples/yd2. Moderate slopes,
2:1 (H:V) to 3:1 (H:V), require a minimum of 1 ½ staples/yd2. Check manufacturer’s
specifications to determine if a higher density staple pattern is required.
Installation in Channels
Installation should be in accordance with the manufacturer's recommendations. In general,
these will be as follows:
Dig initial anchor trench 12 in. deep and 6 in. wide across the channel at the lower end of the
project area.
Excavate intermittent check slots, 6 in. deep and 6 in. wide across the channel at 25 to 30 ft
intervals along the channels.
Cut longitudinal channel anchor trenches 4 in. deep and 4 in. wide along each side of the
installation to bury edges of matting, whenever possible extend matting 2 to 3 in. above the
crest of the channel side slopes.
Beginning at the downstream end and in the center of the channel, place the initial end of
the first roll in the anchor trench and secure with fastening devices at 12 in. intervals. Note:
matting will initially be upside down in anchor trench.
In the same manner, position adjacent rolls in anchor trench, overlapping the preceding roll
a minimum of 3 in.
Secure these initial ends of mats with anchors at 12 in. intervals, backfill and compact soil.
Unroll center strip of matting upstream. Stop at next check slot or terminal anchor trench.
Unroll adjacent mats upstream in similar fashion, maintaining a 3 in. overlap.
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Fold and secure all rolls of matting snugly into all transverse check slots. Lay mat in the
bottom of the slot then fold back against itself. Anchor through both layers of mat at 12 in.
intervals, then backfill and compact soil. Continue rolling all mat widths upstream to the
next check slot or terminal anchor trench.
Alternate method for non-critical installations: Place two rows of anchors on 6 in. centers at
25 to 30 ft. intervals in lieu of excavated check slots.
Staple shingled lap spliced ends a minimum of 12 in. apart on 12 in. intervals.
Place edges of outside mats in previously excavated longitudinal slots; anchor using
prescribed staple pattern, backfill, and compact soil.
Anchor, fill, and compact upstream end of mat in a 12 in. by 6 in. terminal trench.
Secure mat to ground surface using U-shaped wire staples, geotextile pins, or wooden stakes.
Seed and fill turf reinforcement matting with soil, if specified.
Soil Filling (if specified for turf reinforcement mat (TRM))
Installation should be in accordance with the manufacturer’s recommendations. Typical
installation guidelines are as follows:
After seeding, spread and lightly rake ½-3/4 inches of fine topsoil into the TRM apertures to
completely fill TRM thickness. Use backside of rake or other flat implement.
Alternatively, if allowed by product specifications, spread topsoil using lightweight loader,
backhoe, or other power equipment. Avoid sharp turns with equipment.
Always consult the manufacturer's recommendations for installation.
Do not drive tracked or heavy equipment over mat.
Avoid any traffic over matting if loose or wet soil conditions exist.
Use shovels, rakes, or brooms for fine grading and touch up.
Smooth out soil filling just exposing top netting of mat.
Temporary Soil Stabilization Removal
Temporary soil stabilization removed from the site of the work must be disposed of if
necessary.
Costs
Installed costs can be relatively high compared to other BMPs. Approximate costs for installed
materials are shown below:
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Rolled Erosion Control Products Installed Cost per
Acre (2004)1
Estimated Cost
per Acre (2009)2
Biodegradable
Jute Mesh $6,000-$7,000 $6,600-$7,700
Curled Wood Fiber $8,000-$10,500 $8,800-$11,050
Straw $8,000-$10,500 $8,800-$11,050
Wood Fiber $8,000-$10,500 $8,800-$11,050
Coconut Fiber $13,000-$14,000 $14,300-$15,400
Coconut Fiber Mesh $30,000-$33,000 $33,000-$36,300
Straw Coconut Fiber $10,000-$12,000 $11,000-$13,200
Non-Biodegradable
Plastic Netting $2,000-$2,200 $2,200-$2,220
Plastic Mesh $3,000-$3,500 $3,300-$3,850
Synthetic Fiber with Netting $34,000-$40,000 $37,400-$44,000
Bonded Synthetic Fibers $45,000-$55,000 $49,500-$60,500
Combination with Biodegradable $30,000-$36,000 $33,000-$39,600
1. Source: Cost information received from individual product manufacturers solicited by Geosyntec Consultants (2004).
2. 2009 costs reflect a 10% escalation over year 2004 costs. Escalation based on informal survey of industry trends. Note:
Expected cost increase is offset by competitive economic conditions.
Inspection and Maintenance
RECPs must be inspected in accordance with General Permit requirements for the
associated project type and risk level. It is recommended that at a minimum, BMPs be
inspected weekly, prior to forecasted rain events, daily during extended rain events, and
after the conclusion of rain events.
Areas where erosion is evident shall be repaired and BMPs reapplied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require reapplication of BMPs.
If washout or breakage occurs, re-install the material after repairing the damage to the slope
or channel.
Make sure matting is uniformly in contact with the soil.
Check that all the lap joints are secure.
Check that staples are flush with the ground.
References
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005
Erosion Control Pilot Study Report, State of California Department of Transportation
(Caltrans), June 2000.
Guides for Erosion and Sediment Controls in California, USDA Soils Conservation Service,
January 1991.
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National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Guidance Document: Soil Stabilization for Temporary Slopes, State of California Department of
Transportation (Caltrans), November 1999.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for The Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
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Geotextiles and Mats EC-7
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Wood Mulching EC-8
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Description and Purpose
Wood mulching consists of applying a mixture of shredded
wood mulch, bark or compost to disturbed soils. The primary
function of wood mulching is to reduce erosion by protecting
bare soil from rainfall impact, increasing infiltration, and
reducing runoff.
Suitable Applications
Wood mulching is suitable for disturbed soil areas requiring
temporary protection until permanent stabilization is
established.
Limitations
Not suitable for use on slopes steeper than 3:1 (H:V). Best
suited to flat areas or gentle slopes or 5:1 (H:V) or flatter.
Wood mulch and compost may introduce unwanted species.
Not suitable for areas exposed to concentrated flows.
May need to be removed prior to further earthwork.
Implementation
Mulch Selection
There are many types of mulches. Selection of the appropriate
type of mulch should be based on the type of application, site
conditions, and compatibility with planned or future uses.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
EC-5 Soil Binders
EC-6 Straw Mulch
EC-7 Geotextiles and Mats
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Wood Mulching EC-8
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Application Procedures
Prior to application, after existing vegetation has been removed, roughen embankment and fill
areas by rolling with a device such as a punching type roller or by track walking. The
construction application procedures for mulches vary significantly depending upon the type of
mulching method specified. Two methods are highlighted here:
Green Material: This type of mulch is produced by the recycling of vegetation trimmings
such as grass, shredded shrubs, and trees. Methods of application are generally by hand
although pneumatic methods are available.
Green material can be used as a temporary ground cover with or without seeding.
The green material should be evenly distributed on site to a depth of not more than 2 in.
Shredded Wood: Suitable for ground cover in ornamental or revegetated plantings.
Shredded wood/bark is conditionally suitable. See note under limitations.
Distribute by hand or use pneumatic methods.
Evenly distribute the mulch across the soil surface to a depth of 2 to 3 in.
Avoid mulch placement onto roads, sidewalks, drainage channels, existing vegetation, etc.
Costs
Average annual cost for installation and maintenance (3-4 months useful life) is around $4,000
per acre, but cost can increase if the source is not close to the project site.
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Areas where erosion is evident shall be repaired and BMPs reapplied as soon as possible.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require reapplication of BMPs.
Regardless of the mulching technique selected, the key consideration in inspection and
maintenance is that the mulch needs to last long enough to achieve erosion control
objectives. If the mulch is applied as a stand alone erosion control method over disturbed
areas (without seed), it should last the length of time the site will remain barren or until final
re-grading and revegetation.
Where vegetation is not the ultimate cover, such as ornamental and landscape applications
of bark or wood chips, inspection and maintenance should focus on longevity and integrity
of the mulch.
Reapply mulch when bare earth becomes visible.
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References
Controlling Erosion of Construction Sites Agriculture Information Bulletin #347, U.S.
Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) (formerly
Soil Conservation Service – SCS).
Guides for Erosion and Sediment Control in California, USDA Soils Conservation Service,
January 1991.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters, Work Group Working Paper, USEPA, April 1992.
Sedimentation and Erosion Control, An Inventory of Current Practices Draft, U.S. EPA, April
1990.
Soil Erosion by Water Agricultural Information Bulletin #513, U.S. Department of Agriculture,
Soil Conservation Service.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Earth Dikes and Drainage Swales EC-9
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Description and Purpose
An earth dike is a temporary berm or ridge of compacted soil
used to divert runoff or channel water to a desired location. A
drainage swale is a shaped and sloped depression in the soil
surface used to convey runoff to a desired location. Earth dikes
and drainage swales are used to divert off site runoff around the
construction site, divert runoff from stabilized areas and
disturbed areas, and direct runoff into sediment basins or traps.
Suitable Applications
Earth dikes and drainage swales are suitable for use,
individually or together, where runoff needs to be diverted from
one area and conveyed to another.
Earth dikes and drainage swales may be used:
- To convey surface runoff down sloping land
- To intercept and divert runoff to avoid sheet flow over
sloped surfaces
- To divert and direct runoff towards a stabilized
watercourse, drainage pipe or channel
- To intercept runoff from paved surfaces
- Below steep grades where runoff begins to concentrate
- Along roadways and facility improvements subject to
flood drainage
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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- At the top of slopes to divert runon from adjacent or undisturbed slopes
- At bottom and mid slope locations to intercept sheet flow and convey concentrated flows
- Divert sediment laden runoff into sediment basins or traps
Limitations
Dikes should not be used for drainage areas greater than 10 acres or along slopes greater than 10
percent. For larger areas more permanent drainage structures should be built. All drainage
structures should be built in compliance with local municipal requirements.
Earth dikes may create more disturbed area on site and become barriers to construction
equipment.
Earth dikes must be stabilized immediately, which adds cost and maintenance concerns.
Diverted stormwater may cause downstream flood damage.
Dikes should not be constructed of soils that may be easily eroded.
Regrading the site to remove the dike may add additional cost.
Temporary drains and swales or any other diversion of runoff should not adversely impact
upstream or downstream properties.
Temporary drains and swales must conform to local floodplain management requirements.
Earth dikes/drainage swales are not suitable as sediment trapping devices.
It may be necessary to use other soil stabilization and sediment controls such as check dams,
plastics, and blankets, to prevent scour and erosion in newly graded dikes, swales, and
ditches.
Sediment accumulation, scour depressions, and/or persistent non-stormwater discharges
can result in areas of standing water suitable for mosquito production in drainage swales.
Implementation
The temporary earth dike is a berm or ridge of compacted soil, located in such a manner as to
divert stormwater to a sediment trapping device or a stabilized outlet, thereby reducing the
potential for erosion and offsite sedimentation. Earth dikes can also be used to divert runoff
from off site and from undisturbed areas away from disturbed areas and to divert sheet flows
away from unprotected slopes.
An earth dike does not itself control erosion or remove sediment from runoff. A dike prevents
erosion by directing runoff to an erosion control device such as a sediment trap or directing
runoff away from an erodible area. Temporary diversion dikes should not adversely impact
adjacent properties and must conform to local floodplain management regulations, and should
not be used in areas with slopes steeper than 10%.
Slopes that are formed during cut and fill operations should be protected from erosion by runoff.
A combination of a temporary drainage swale and an earth dike at the top of a slope can divert
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runoff to a location where it can be brought to the bottom of the slope (see EC-11, Slope Drains).
A combination dike and swale is easily constructed by a single pass of a bulldozer or grader and
compacted by a second pass of the tracks or wheels over the ridge. Diversion structures should
be installed when the site is initially graded and remain in place until post construction BMPs
are installed and the slopes are stabilized.
Diversion practices concentrate surface runoff, increasing its velocity and erosive force. Thus,
the flow out of the drain or swale must be directed onto a stabilized area or into a grade
stabilization structure. If significant erosion will occur, a swale should be stabilized using
vegetation, chemical treatment, rock rip-rap, matting, or other physical means of stabilization.
Any drain or swale that conveys sediment laden runoff must be diverted into a sediment basin
or trap before it is discharged from the site.
General
Care must be applied to correctly size and locate earth dikes, drainage swales. Excessively
steep, unlined dikes, and swales are subject to erosion and gully formation.
Conveyances should be stabilized.
Use a lined ditch for high flow velocities.
Select flow velocity based on careful evaluation of the risks due to erosion of the measure,
soil types, overtopping, flow backups, washout, and drainage flow patterns for each project
site.
Compact any fills to prevent unequal settlement.
Do not divert runoff onto other property without securing written authorization from the
property owner.
When possible, install and utilize permanent dikes, swales, and ditches early in the
construction process.
Provide stabilized outlets.
Earth Dikes
Temporary earth dikes are a practical, inexpensive BMP used to divert stormwater runoff.
Temporary diversion dikes should be installed in the following manner:
All dikes should be compacted by earth moving equipment.
All dikes should have positive drainage to an outlet.
All dikes should have 2:1 or flatter side slopes, 18 in. minimum height, and a minimum top
width of 24 in. Wide top widths and flat slopes are usually needed at crossings for
construction traffic.
The outlet from the earth dike must function with a minimum of erosion. Runoff should be
conveyed to a sediment trapping device such as a Sediment Trap (SE-3) or Sediment Basin
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(SE-2) when either the dike channel or the drainage area above the dike are not adequately
stabilized.
Temporary stabilization may be achieved using seed and mulching for slopes less than 5%
and either rip-rap or sod for slopes in excess of 5%. In either case, stabilization of the earth
dike should be completed immediately after construction or prior to the first rain.
If riprap is used to stabilize the channel formed along the toe of the dike, the following
typical specifications apply:
Channel Grade Riprap Stabilization
0.5-1.0% 4 in. Rock
1.1-2.0% 6 in. Rock
2.1-4.0% 8 in. Rock
4.1-5.0% 8 in. -12 in. Riprap
The stone riprap, recycled concrete, etc. used for stabilization should be pressed into the soil
with construction equipment.
Filter cloth may be used to cover dikes in use for long periods.
Construction activity on the earth dike should be kept to a minimum.
Drainage Swales
Drainage swales are only effective if they are properly installed. Swales are more effective than
dikes because they tend to be more stable. The combination of a swale with a dike on the
downhill side is the most cost effective diversion.
Standard engineering design criteria for small open channel and closed conveyance systems
should be used (see the local drainage design manual). Unless local drainage design criteria
state otherwise, drainage swales should be designed as follows:
No more than 5 acres may drain to a temporary drainage swale.
Place drainage swales above or below, not on, a cut or fill slope.
Swale bottom width should be at least 2 ft
Depth of the swale should be at least 18 in.
Side slopes should be 2:1 or flatter.
Drainage or swales should be laid at a grade of at least 1 percent, but not more than 15
percent.
The swale must not be overtopped by the peak discharge from a 10-year storm, irrespective
of the design criteria stated above.
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Remove all trees, stumps, obstructions, and other objectionable material from the swale
when it is built.
Compact any fill material along the path of the swale.
Stabilize all swales immediately. Seed and mulch swales at a slope of less than 5 percent,
and use rip-rap or sod for swales with a slope between 5 and 15 percent. For temporary
swales, geotextiles and mats (EC-7) may provide immediate stabilization.
Irrigation may be required to establish sufficient vegetation to prevent erosion.
Do not operate construction vehicles across a swale unless a stabilized crossing is provided.
Permanent drainage facilities must be designed by a professional engineer (see the local
drainage design criteria for proper design).
At a minimum, the drainage swale should conform to predevelopment drainage patterns and
capacities.
Construct the drainage swale with a positive grade to a stabilized outlet.
Provide erosion protection or energy dissipation measures if the flow out of the drainage
swale can reach an erosive velocity.
Costs
Cost ranges from $15 to $55 per ft for both earthwork and stabilization and depends on
availability of material, site location, and access.
Small dikes: $2.50 - $6.50/linear ft; Large dikes: $2.50/yd3.
The cost of a drainage swale increases with drainage area and slope. Typical swales for
controlling internal erosion are inexpensive, as they are quickly formed during routine
earthwork.
Inspection and Maintenance
Inspect BMPs prior to forecast rain, daily during extended rain events, after rain events,
weekly during the rainy season, and at two-week intervals during the non-rainy season.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Inspect ditches and berms for washouts. Replace lost riprap, damaged linings or soil
stabilizers as needed.
Inspect channel linings, embankments, and beds of ditches and berms for erosion and
accumulation of debris and sediment. Remove debris and sediment and repair linings and
embankments as needed.
Temporary conveyances should be completely removed as soon as the surrounding drainage
area has been stabilized or at the completion of construction
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References
Erosion and Sediment Control Handbook, S.J. Goldman, K. Jackson, T.A. Bursetynsky, P.E.,
McGraw Hill Book Company, 1986.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Metzger, M.E. 2004. Managing mosquitoes in stormwater treatment devices. University of
California Division of Agriculture and Natural Resources, Publication 8125. On-line: http://
anrcatalog.ucdavis.edu/pdf/8125.pdf
National Association of Home Builders (NAHB). Stormwater Runoff & Nonpoint Source
Pollution Control Guide for Builders and Developers. National Association of Home Builders,
Washington, D.C., 1995
National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Southeastern Wisconsin Regional Planning Commission (SWRPC). Costs of Urban Nonpoint
Source Water Pollution Control Measures. Technical Report No. 31. Southeastern Wisconsin
Regional Planning Commission, Waukesha, WI. 1991
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
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Velocity Dissipation Devices EC-10
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Description and Purpose
Outlet protection is a physical device composed of rock, grouted
riprap, or concrete rubble, which is placed at the outlet of a pipe
or channel to prevent scour of the soil caused by concentrated,
high velocity flows.
Suitable Applications
Whenever discharge velocities and energies at the outlets of
culverts, conduits, or channels are sufficient to erode the next
downstream reach. This includes temporary diversion
structures to divert runon during construction.
These devices may be used at the following locations:
Outlets of pipes, drains, culverts, slope drains, diversion
ditches, swales, conduits, or channels.
Outlets located at the bottom of mild to steep slopes.
Discharge outlets that carry continuous flows of water.
Outlets subject to short, intense flows of water, such as
flash floods.
Points where lined conveyances discharge to unlined
conveyances
Limitations
Large storms or high flows can wash away the rock outlet
protection and leave the area susceptible to erosion.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Velocity Dissipation Devices EC-10
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Sediment captured by the rock outlet protection may be difficult to remove without
removing the rock.
Outlet protection may negatively impact the channel habitat.
Grouted riprap may break up in areas of freeze and thaw.
If there is not adequate drainage, and water builds up behind grouted riprap, it may cause
the grouted riprap to break up due to the resulting hydrostatic pressure.
Sediment accumulation, scour depressions, and/or persistent non-stormwater discharges
can result in areas of standing water suitable for mosquito production in velocity dissipation
devices.
Implementation
General
Outlet protection is needed where discharge velocities and energies at the outlets of culverts,
conduits or channels are sufficient to erode the immediate downstream reach. This practice
protects the outlet from developing small eroded pools (plange pools), and protects against gully
erosion resulting from scouring at a culvert mouth.
Design and Layout
As with most channel design projects, depth of flow, roughness, gradient, side slopes, discharge
rate, and velocity should be considered in the outlet design. Compliance to local and state
regulations should also be considered while working in environmentally sensitive streambeds.
General recommendations for rock size and length of outlet protection mat are shown in the
rock outlet protection figure in this BMP and should be considered minimums. The apron
length and rock size gradation are determined using a combination of the discharge pipe
diameter and estimate discharge rate: Select the longest apron length and largest rock size
suggested by the pipe size and discharge rate. Where flows are conveyed in open channels such
as ditches and swales, use the estimated discharge rate for selecting the apron length and rock
size. Flows should be same as the culvert or channel design flow but never the less than the
peak 5 year flow for temporary structures planned for one rainy season, or the 10 year peak flow
for temporary structures planned for two or three rainy seasons.
There are many types of energy dissipaters, with rock being the one that is represented in
the attached figure.
Best results are obtained when sound, durable, and angular rock is used.
Install riprap, grouted riprap, or concrete apron at selected outlet. Riprap aprons are best
suited for temporary use during construction. Grouted or wired tied rock riprap can
minimize maintenance requirements.
Rock outlet protection is usually less expensive and easier to install than concrete aprons or
energy dissipaters. It also serves to trap sediment and reduce flow velocities.
Carefully place riprap to avoid damaging the filter fabric.
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- Stone 4 in. to 6 in. may be carefully dumped onto filter fabric from a height not to exceed
12 in.
- Stone 8 in. to 12 in. must be hand placed onto filter fabric, or the filter fabric may be
covered with 4 in. of gravel and the 8 in. to 12 in. rock may be dumped from a height not
to exceed 16 in.
- Stone greater than 12 in. shall only be dumped onto filter fabric protected with a layer of
gravel with a thickness equal to one half the D50 rock size, and the dump height limited to
twice the depth of the gravel protection layer thickness.
For proper operation of apron: Align apron with receiving stream and keep straight
throughout its length. If a curve is needed to fit site conditions, place it in upper section of
apron.
Outlets on slopes steeper than 10 percent should have additional protection.
Costs
Costs are low if material is readily available. If material is imported, costs will be higher.
Average installed cost is $150 per device.
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Inspect BMPs subjected to non-stormwater discharges daily while non-stormwater
discharges occur. Minimize areas of standing water by removing sediment blockages and
filling scour depressions.
Inspect apron for displacement of the riprap and damage to the underlying fabric. Repair
fabric and replace riprap that has washed away. If riprap continues to wash away, consider
using larger material.
Inspect for scour beneath the riprap and around the outlet. Repair damage to slopes or
underlying filter fabric immediately.
Temporary devices should be completely removed as soon as the surrounding drainage area
has been stabilized or at the completion of construction.
References
County of Sacramento Improvement Standards, Sacramento County, May 1989.
Erosion and Sediment Control Handbook, S.J. Goldman, K. Jackson, T.A. Bursztynsky, P.E.,
McGraw Hill Book Company, 1986.
Handbook of Steel Drainage & Highway Construction, American Iron and Steel Institute, 1983.
Velocity Dissipation Devices EC-10
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Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Metzger, M.E. 2004. Managing mosquitoes in stormwater treatment devices. University of
California Division of Agriculture and Natural Resources, Publication 8125. On-line: http://
anrcatalog.ucdavis.edu/pdf/8125.pdf
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
state of California Department of Transportation (Caltrans), November 2000.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Velocity Dissipation Devices EC-10
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Pipe Diameter
inches
Discharge
ft3/s
Apron Length, La
ft
Rip Rap D50 Diameter
Min
inches
12 5
10
10
13
4
6
18
10
20
30
40
10
16
23
26
6
8
12
16
24
30
40
50
60
16
26
26
30
8
8
12
16
For larger or higher flows consult a Registered Civil Engineer
Source: USDA - SCS
Slope Drains EC-11
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Description and Purpose
A slope drain is a pipe used to intercept and direct surface
runoff or groundwater into a stabilized watercourse, trapping
device, or stabilized area. Slope drains are used with earth
dikes and drainage ditches to intercept and direct surface flow
away from slope areas to protect cut or fill slopes.
Suitable Applications
Where concentrated flow of surface runoff must be
conveyed down a slope in order to prevent erosion.
Drainage for top of slope diversion dikes or swales.
Drainage for top of cut and fill slopes where water can
accumulate.
Emergency spillway for a sediment basin.
Limitations
Installation is critical for effective use of the pipe slope drain to
minimize potential gully erosion.
Maximum drainage area per slope drain is 10 acres. (For
large areas use a paved chute, rock lined channel, or
additional pipes.)
Severe erosion may result when slope drains fail by
overtopping, piping, or pipe separation.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-9 Earth Dike, Drainage Swales
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During large storms, pipe slope drains may become clogged or over charged, forcing
water around the pipe and causing extreme slope erosion.
If the sectional downdrain is not sized correctly, the runoff can spill over the drain sides
causing gully erosion and potential failure of the structure.
Dissipation of high flow velocities at the pipe outlet is required to avoid downstream erosion.
Sediment accumulation, scour depressions, and/or persistent non-stormwater discharges
can result in areas of standing water suitable for mosquito production in energy dissipaters
associated with slope drain outlets.
Implementation
General
The slope drain is applicable for any construction site where concentrated surface runoff can
accumulate and must be conveyed down the slope in order to prevent erosion. The slope drain
is effective because it prevents the stormwater from flowing directly down the slope by confining
all the runoff into an enclosed pipe or channel. Due to the time lag between grading slopes and
installation of permanent stormwater collection systems and slope stabilization measures,
temporary provisions to intercept runoff are sometimes necessary. Particularly in steep terrain,
slope drains can protect unstabilized areas from erosion.
Installation
The slope drain may be a rigid pipe, such as corrugated metal, a flexible conduit, or a lined
terrace drain with the inlet placed on the top of a slope and the outlet at the bottom of the slope.
This BMP typically is used in combination with a diversion control, such as an earth dike or
drainage swale at the top of the slope.
The following criteria must be considered when siting slope drains.
Permanent structures included in the project plans can often serve as construction BMPs if
implemented early. However, the permanent structure must meet or exceed the criteria for
the temporary structure.
Inlet structures must be securely entrenched and compacted to avoid severe gully erosion.
Slope drains must be securely anchored to the slope and must be adequately sized to carry
the capacity of the design storm and associated forces.
Outlets must be stabilized with riprap, concrete or other type of energy dissipator, or
directed into a stable sediment trap or basin. See EC-10, Velocity Dissipation Devices.
Debris racks are recommended at the inlet. Debris racks located several feet upstream of the
inlet can usually be larger than racks at the inlet, and thus provide enhanced debris
protection and less plugging.
Safety racks are also recommended at the inlet and outlet of pipes where children or animals
could become entrapped.
Secure inlet and surround with dikes to prevent gully erosion and anchor pipe to slope.
Slope Drains EC-11
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When using slope drains, limit drainage area to 10 acres per pipe. For larger areas, use a
rock lined channel or a series of pipes.
Size to convey at least the peak flow of a 10-year storm. The design storm is conservative
due to the potential impact of system failures.
Maximum slope generally limited to 2:1 (H:V) as energy dissipation below steeper slopes is
difficult.
Direct surface runoff to slope drains with interceptor dikes. See BMP EC-9, Earth Dikes and
Drainage Swales. Top of interceptor dikes should be 12 in. higher than the top of the slope
drain.
Slope drains can be placed on or buried underneath the slope surface.
Recommended materials include both metal and plastic pipe, either corrugated or smooth
wall. Concrete pipe can also be used.
When installing slope drains:
Install slope drains perpendicular to slope contours.
Compact soil around and under entrance, outlet, and along length of pipe.
Securely anchor and stabilize pipe and appurtenances into soil.
Check to ensure that pipe connections are watertight.
Protect area around inlet with filter cloth. Protect outlet with riprap or other energy
dissipation device. For high energy discharges, reinforce riprap with concrete or use
reinforced concrete device.
Protect outlet of slope drains using a flared end section when outlet discharges to a
flexible energy dissipation device.
A flared end section installed at the inlet will improve flow into the slope drain and
prevent erosion at the pipe entrance. Use a flared end section with a 6 in. minimum toe
plate to help prevent undercutting. The flared section should slope towards the pipe
inlet.
Design and Layout
The capacity for temporary drains should be sufficient to convey at least the peak runoff from a
10-year rainfall event. The pipe size may be computed using the Rational Method or a method
established by the local municipality. Higher flows must be safely stored or routed to prevent
any offsite concentration of flow and any erosion of the slope. The design storm is purposely
conservative due to the potential impacts associated with system failures.
As a guide, temporary pipe slope drains should not be sized smaller than shown in the following
table:
Slope Drains EC-11
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Minimum Pipe Diameter
(Inches)
Maximum Drainage Area
(Acres)
12 1.0
18 3.0
21 5.0
24 7.0
30 10.0
Larger drainage areas can be treated if the area can be subdivided into areas of 10 acres or less
and each area is treated as a separate drainage. Drainage areas exceeding 10 acres must be
designed by a Registered Civil Engineer and approved by the agency that issued the grading
permit.
Materials:
Soil type, rainfall patterns, construction schedule, local requirements, and available supply are
some of the factors to be considered when selecting materials. The following types of slope
drains are commonly used:
Rigid Pipe: This type of slope drain is also known as a pipe drop. The pipe usually consists
of corrugated metal pipe or rigid plastic pipe. The pipe is placed on undisturbed or
compacted soil and secured onto the slope surface or buried in a trench. Concrete thrust
blocks must be used when warranted by the calculated thrust forces. Collars should be
properly installed and secured with metal strappings or watertight collars.
Flexible Pipe: The flexible pipe slope drain consists of a flexible tube of heavy duty plastic,
rubber, or composite material. The tube material is securely anchored onto the slope
surface. The tube should be securely fastened to the metal inlet and outlet conduit sections
with metal strappings or watertight collars.
Section Downdrains: The section downdrain consists of pre-fabricated, section conduit
of half round or third round material. The sectional downdrain performs similar to a flume
or chute. The pipe must be placed on undisturbed or compacted soil and secured into the
slope.
Concrete-lined Terrace Drain: This is a concrete channel for draining water from a
terrace on a slope to the next level. These drains are typically specified as permanent
structures and if installed early, can serve as slope drains during construction, which should
be designed according to local drainage design criteria.
Costs
Cost varies based on pipe selection and selected outlet protection.
Slope Drains EC-11
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Corrugated Steel Pipes, Per Foot
Size Supplied and Installed Cost (No Trenching Included)
12” $19.60 per LF
15” $22.00
18” $26.00
24” $32.00
30” $50.00
PVC Pipes, Per Foot
Size Supplied and Installed Cost (No Trenching Included)
12” $24.50
14” $49.00
16” $51.00
18” $54.00
20” $66.00
24” $93.00
30” $130.00
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Inspect BMPs subjected to non-stormwater discharges daily while non-stormwater
discharges occur. Minimize areas of standing water by removing sediment blockages and
filling scour depressions.
Inspect outlet for erosion and downstream scour. If eroded, repair damage and install
additional energy dissipation measures. If downstream scour is occurring, it may be
necessary to reduce flows being discharged into the channel unless other preventative
measures are implemented.
Insert inlet for clogging or undercutting. Remove debris from inlet to maintain flows.
Repair undercutting at inlet and if needed, install flared section or rip rap around the inlet to
prevent further undercutting.
Inspect pipes for leakage. Repair leaks and restore damaged slopes.
Inspect slope drainage for accumulations of debris and sediment.
Slope Drains EC-11
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Remove built up sediment from entrances and outlets as required. Flush drains if necessary;
capture and settle out sediment from discharge.
Make sure water is not ponding onto inappropriate areas (e.g., active traffic lanes, material
storage areas, etc.).
Pipe anchors must be checked to ensure that the pipe remains anchored to the slope. Install
additional anchors if pipe movement is detected.
References
Draft – Sedimentation and Erosion Control, An Inventory of Current Practices, U.S.E.P.A., April
1990.
Metzger, M.E. 2004. Managing mosquitoes in stormwater treatment devices. University of
California Division of Agriculture and Natural Resources, Publication 8125. On-line: http://
anrcatalog.ucdavis.edu/pdf/8125.pdf
National Association of Home Builders (NAHB). Stormwater Runoff & Nonpoint Source
Pollution Control Guide for Builders and Developers. National Association of Home Builders,
Washington, D.C., 1995
National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Slope Drains EC-11
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Streambank Stabilization EC-12
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Description and Purpose
Stream channels, streambanks, and associated riparian areas
are dynamic and sensitive ecosystems that respond to changes
in land use activity. Streambank and channel disturbance
resulting from construction activities can increase the stream’s
sediment load, which can cause channel erosion or
sedimentation and have adverse affects on the biotic system.
BMPs can reduce the discharge of sediment and other
pollutants to minimize the impact of construction activities on
watercourses. Streams on the 303(d) list and listed for
sediment may require numerous measures to prevent any
increases in sediment load to the stream.
Suitable Applications
These procedures typically apply to all construction projects
that disturb or occur within stream channels and their
associated riparian areas.
Limitations
Specific permit requirements or mitigation measures such as
Regional Water Quality Control Board (RWQCB) 401
Certification, U.S. Army Corps of Engineers 404 permit and
approval by California Department of Fish and Game supercede
the guidance in this BMP.
If numerical based water quality standards are mentioned
in any of these and other related permits, testing and
sampling may be required. Streams listed as 303(d)
impaired for sediment, silt, or turbidity, are required to
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
Combination of erosion and
sediment controls.
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Streambank Stabilization EC-12
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conduct sampling to verify that there is no net increase in sediment load due to construction
activities.
Implementation
Planning
Proper planning, design, and construction techniques can minimize impacts normally
associated with in stream construction activities. Poor planning can adversely affect soil,
fish, wildlife resources, land uses, or land users. Planning should take into account:
scheduling; avoidance of in-stream construction; minimizing disturbance area and
construction time period; using pre-disturbed areas; selecting crossing location; and
selecting equipment.
Scheduling
Construction activities should be scheduled according to the relative sensitivity of the
environmental concerns and in accordance with EC-1, Scheduling. Scheduling
considerations will be different when working near perennial streams vs. ephemeral streams
and are as follows.
When in-stream construction is conducted in a perennial stream, work should optimally be
performed during the rainy season. This is because in the summer, any sediment-containing
water that is discharged into the watercourse will cause a large change in both water clarity
and water chemistry. During the rainy season, there is typically more and faster flowing
water in the stream so discharges are diluted faster. However, should in-stream work be
scheduled for summer, establishing an isolation area, or diverting the stream, will
significantly decrease the amount of sediment stirred up by construction work. Construction
work near perennial streams should optimally be performed during the dry season (see
below).
When working in or near ephemeral streams, work should be performed during the dry
season. By their very nature, ephemeral streams are usually dry in the summer, and
therefore, in-stream construction activities will not cause significant water quality problems.
However, when tying up the site at the end of the project, wash any fines (see Washing
Fines) that accumulated in the channel back into the bed material, to decrease pollution
from the first rainstorm of the season.
When working near ephemeral or perennial streams, erosion and sediment controls (see silt
fences, straw bale barriers, etc.) should be implemented to keep sediment out of stream
channel.
Minimize Disturbance
Minimize disturbance through: selection of the narrowest crossing location; limiting the
number of equipment trips across a stream during construction; and, minimizing the
number and size of work areas (equipment staging areas and spoil storage areas). Place
work areas at least 50 ft from stream channel. Field reconnaissance should be conducted
during the planning stage to identify work areas.
Use of Pre-Disturbed Areas
Locate project sites and work areas in areas disturbed by prior construction or other activity
when possible.
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Selection of Project Site
Avoid steep and unstable banks, highly erodible or saturated soils, or highly fractured rock.
Select project site that minimizes disturbance to aquatic species or habitat.
Equipment Selection
Select equipment that reduces the amount of pressure exerted on the ground surface, and
therefore, reduces erosion potential and/or use overhead or aerial access for transporting
equipment across drainage channels. Use equipment that exerts ground pressures of less
than 5 or 6 lb/in2, where possible. Low ground pressure equipment includes: wide or high
flotation tires (34 to 72 in. wide); dual tires; bogie axle systems; tracked machines;
lightweight equipment; and, central tire inflation systems.
Streambank Stabilization
Preservation of Existing Vegetation
Preserve existing vegetation in accordance with EC-2, Preservation of Existing Vegetation.
In a streambank environment, preservation of existing vegetation provides the following
benefits.
Water Quality Protection
Vegetated buffers on slopes trap sediment and promote groundwater recharge. The buffer
width needed to maintain water quality ranges from 15 to 100 ft. On gradual slopes, most of
the filtering occurs within the first 30 ft. Steeper slopes require a greater width of vegetative
buffer to provide water quality benefits.
Streambank Stabilization
The root system of riparian vegetation stabilizes streambanks by increasing tensile strength
in the soil. The presence of vegetation modifies the moisture condition of slopes
(infiltration, evapo transpiration, interception) and increases bank stability.
Riparian Habitat
Buffers of diverse riparian vegetation provide food and shelter for riparian and aquatic
organisms. Minimizing impacts to fisheries habitat is a major concern when working near
streams and rivers. Riparian vegetation provides shade, shelter, organic matter (leaf
detritus and large woody debris), and other nutrients that are necessary for fish and other
aquatic organisms. Buffer widths for habitat concerns are typically wider than those
recommended for water quality concerns (100 to 1500 ft).
When working near watercourses, it is important to understand the work site’s placement in
the watershed. Riparian vegetation in headwater streams has a greater impact on overall
water quality than vegetation in downstream reaches. Preserving existing vegetation
upstream is necessary to maintain water quality, minimize bank failure, and maximize
riparian habitat, downstream of the work site.
Limitations
Local county and municipal ordinances regarding width, extent and type of vegetative buffer
required may exceed the specifications provided here; these ordinances should be
investigated prior to construction.
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Streambank Stabilization Specific Installation
As a general rule, the width of a buffer strip between a road and the stream is recommended
to be 50 ft plus four times the percent slope of the land, measured between the road and the
top of stream bank.
Hydraulic Mulch
Apply hydraulic mulch on disturbed streambanks above mean high water level in accordance
with EC-3, Hydraulic Mulch to provide temporary soil stabilization.
Limitations
Do not place hydraulic mulch or tackifiers below the mean high water level, as these
materials could wash into the channel and impact water quality or possibly cause
eutrophication (eutrophication is an algal bloom caused by excessively high nutrient levels in
the water).
Hydroseeding
Hydroseed disturbed streambanks in accordance with EC-4, Hydroseeding.
Limitations
Do not place tackifiers or fertilizers below the mean high water level, as these materials
could wash into the channel and impact water quality or possibly cause eutrophication.
Soil Binders
Apply soil binders to disturbed streambanks in accordance with EC-5, Soil Binders.
Limitations
Do not place soil binders below the mean high water level. Soil binder must be
environmentally benign and non-toxic to aquatic organisms.
Straw Mulch
Apply straw mulch to disturbed streambanks in accordance with EC-6, Straw Mulch.
Limitations
Do not place straw mulch below the mean high water level, as this material could wash into
the channel and impact water quality or possibly cause eutrophication.
Geotextiles and Mats
Install geotextiles and mats as described in EC-7, Geotextiles and Mats, to stabilize disturbed
channels and streambanks. Not all applications should be in the channel, for example,
certain geotextile netting may snag fish gills and are not appropriate in fish bearing streams.
Geotextile fabrics that are not biodegradable are not appropriate for in stream use.
Additionally, geotextile fabric or blankets placed in channels must be adequate to sustain
anticipated hydraulic forces.
Earth Dikes, Drainage Swales, and Lined Ditches
Convey, intercept, or divert runoff from disturbed streambanks using EC-9, Earth Dikes and
Drainage Swales.
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Limitations
Do not place earth dikes in watercourses, as these structures are only suited for intercepting
sheet flow, and should not be used to intercept concentrated flow.
Appropriately sized velocity dissipation devices (EC-10) must be placed at outlets to
minimize erosion and scour.
Velocity Dissipation Devices
Place velocity dissipation devices at outlets of pipes, drains, culverts, slope drains, diversion
ditches, swales, conduits or channels in accordance with EC-10, Velocity Dissipation
Devices.
Slope Drains
Use slope drains to intercept and direct surface runoff or groundwater into a stabilized
watercourse, trapping device or stabilized area in accordance with EC-11, Slope Drains.
Limitations
Appropriately sized outlet protection and velocity dissipation devices (EC-10) must be
placed at outlets to minimize erosion and scour.
Streambank Sediment Control
Silt Fences
Install silt fences in accordance with SE-1, Silt Fence, to control sediment. Silt fences should
only be installed where sediment laden water can pond, thus allowing the sediment to settle
out.
Fiber Rolls
Install fiber rolls in accordance with SE-5, Fiber Rolls, along contour of slopes above the
high water level to intercept runoff, reduce flow velocity, release the runoff as sheet flow and
provide removal of sediment from the runoff. In a stream environment, fiber rolls should be
used in conjunction with other sediment control methods such as SE-1, Silt Fence or SE-9
Straw Bale Barrier. Install silt fence, straw bale barrier, or other erosion control method
along toe of slope above the high water level.
Gravel Bag Berm
A gravel bag berm or barrier can be utilized to intercept and slow the flow of sediment laden
sheet flow runoff in accordance with SE-6, Gravel Bag Berm. In a stream environment
gravel bag barriers can allow sediment to settle from runoff before water leaves the
construction site and can be used to isolate the work area from the live stream.
Limitations
Gravel bag barriers are not recommended as a perimeter sediment control practice around
streams.
Straw Bale Barrier
Install straw bale barriers in accordance with SE-9, Straw Bale Barrier, to control sediment.
Straw bale barriers should only be installed where sediment laden water can pond, thus
allowing the sediment to settle out. Install a silt fence in accordance with SE-1, Silt Fence,
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on down slope side of straw bale barrier closest to stream channel to provide added
sediment control.
Rock Filter
Description and Purpose
Rock filters are temporary erosion control barriers composed of rock that is anchored in place.
Rock filters detain the sediment laden runoff, retain the sediment, and release the water as sheet
flow at a reduced velocity. Typical rock filter installations are illustrated at the end of this BMP.
Applications
Near the toe of slopes that may be subject to flow and rill erosion.
Limitations
Inappropriate for contributing drainage areas greater than 5 acres.
Requires sufficient space for ponded water.
Ineffective for diverting runoff because filters allow water to slowly seep through.
Rock filter berms are difficult to remove when construction is complete.
Unsuitable in developed areas or locations where aesthetics is a concern.
Specifications
Rock: open graded rock, 0.75 to 5 in. for concentrated flow applications.
Woven wire sheathing: 1 in. diameter, hexagonal mesh, galvanized 20gauge (used with rock
filters in areas of concentrated flow).
In construction traffic areas, maximum rock berm heights should be 12 in. Berms should be
constructed every 300 ft on slopes less than 5%, every 200 ft on slopes between 5% and 10%,
and every 100 ft on slopes greater than 10%.
Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect weekly
during the rainy season and at two-week intervals in the non-rainy season to verify
continued BMP implementation.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Reshape berms as needed and replace lost or dislodged rock, and filter fabric.
Sediment that accumulates in the BMP must be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one third of the barrier height. Sediment removed during maintenance may be incorporated
into earthwork on the site or disposed at an appropriate location.
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K-rail
Description and Purpose
This is temporary sediment control that uses K-rails to form the sediment deposition area, or to
isolate the near bank construction area. Install K-rails at toe of slope in accordance with
procedures described in NS-5, Clear Water Diversion.
Barriers are placed end to end in a pre-designed configuration and gravel filled bags are used at
the toe of the barrier and at their abutting ends to seal and prevent movement of sediment
beneath or through the barrier walls.
Appropriate Applications
This technique is useful at the toe of embankments, cuts or fills slopes.
Limitations
The K-rail method should not be used to dewater a project site, as the barrier is not
watertight.
Implementation
Refer to NS-5, Clear Water Diversion, for implementation requirements.
Instream Construction Sediment Control
There are three different options currently available for reducing turbidity while working in a
stream or river. The stream can be isolated from the area in which work is occurring by means
of a water barrier, the stream can be diverted around the work site through a pipe or temporary
channel, or one can employ construction practices that minimize sediment suspension.
Whatever technique is implemented, an important thing to remember is that dilution can
sometimes be the solution. A probable “worst time” to release high TSS into a stream system
might be when the stream is very low; summer low flow, for example. During these times, the
flow may be low while the biological activity in the stream is very high. Conversely, the addition
of high TSS or sediment during a big storm discharge might have a relatively low impact,
because the stream is already turbid, and the stream energy is capable of transporting both
suspended solids, and large quantities of bedload through the system. The optimum time to
“pull” in-stream structures may be during the rising limb of a storm hydrograph.
Techniques to minimize Total Suspended Solids (TSS)
Padding - Padding laid in the stream below the work site may trap some solids that are
deposited in the stream during construction. After work is done, the padding is removed
from the stream, and placed on the bank to assist in re-vegetation.
Clean, washed gravel - Using clean, washed gravel decreases solid suspension, as there
are fewer small particles deposited in the stream.
Excavation using a large bucket - Each time a bucket of soil is placed in the stream, a
portion is suspended. Approximately the same amount is suspended whether a small
amount of soil is placed in the stream, or a large amount. Therefore, using a large excavator
bucket instead of a small one, will reduce the total amount of soil that washes downstream.
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Use of dozer for backfilling - Using a dozer for backfilling instead of a backhoe follows
the same principles – the fewer times soil is deposited in the stream, the less soil will be
suspended.
Partial dewatering with a pump - Partially dewatering a stream with a pump reduces
the amount of water, and thus the amount of water that can suspend sediment.
Washing Fines
Definition and Purpose
Washing fines is an “in-channel” sediment control method, which uses water, either from a
water truck or hydrant, to wash stream fines that were brought to the surface of the channel
bed during restoration, back into the interstitial spaces of the gravel and cobbles.
The purpose of this technique is to reduce or eliminate the discharge of sediment from the
channel bottom during the first seasonal flow. Sediment should not be allowed into stream
channels; however, occasionally in-channel restoration work will involve moving or
otherwise disturbing fines (sand and silt sized particles) that are already in the stream,
usually below bankfull discharge elevation. Subsequent re-watering of the channel can
result in a plume of turbidity and sedimentation.
This technique washes the fines back into the channel bed. Bedload materials, including
gravel cobbles, boulders and those fines, are naturally mobilized during higher storm flows.
This technique is intended to delay the discharge until the fines would naturally be
mobilized.
Appropriate Applications
This technique should be used when construction work is required in channels. It is
especially useful in intermittent or ephemeral streams in which work is performed “in the
dry”, and which subsequently become re-watered.
Limitations
The stream must have sufficient gravel and cobble substrate composition.
The use of this technique requires consideration of time of year and timing of exp ected
stream flows.
The optimum time for the use of this technique is in the fall, prior to winter flows.
Consultation with, and approval from the Department of Fish and Game and the Regional
Water Quality Control Board may be required.
Implementation
Apply sufficient water to wash fines, but not cause further erosion or runoff.
Apply water slowly and evenly to prevent runoff and erosion.
Consult with Department of Fish and Game and the Regional Water Quality Control Board
for specific water quality requirements of applied water (e.g. chlorine).
Streambank Stabilization EC-12
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Inspection and Maintenance
None necessary
Costs
Cost may vary according to the combination of practices implemented.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events until
final stabilization is achieved.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Inspect and repair equipment (for damaged hoses, fittings, and gaskets).
References
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters, Work Group Working Paper, USEPA, April 1992.
Sedimentation and Erosion Control Practices, An Inventory of Current Practices (Draft),
UESPA, 1990.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Streambank Stabilization EC-12
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Reserved EC-13
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BMP Factsheet removed in 2009.
Formerly PAM. See SE-11, Active Treatment Systems.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
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Compost Blanket EC-14
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Description and Purpose
A compost blanket is applied to slopes and earth disturbed
areas to prevent erosion, and in some cases, increase
infiltration and/or establish vegetation. The compost blanket
can be applied by hand, conveyor system, compost spreader, or
pneumatic delivery (blower) system. The blanket thickness is
determined from the slope steepness and anticipated
precipitation. A compost blanket protects the soil surface from
raindrop erosion, particularly rills and gullies that may form
under other methods of erosion control.
A compost blanket, if properly installed, can be very successful
at vegetation establishment, weed suppression and erosion
control. The compost blanket comes into direct contact with
the underlying soil, reducing rill formation. Furthermore,
compost provides organic matter and nutrients important for
vegetation growth. The compost blanket provides soil structure
that allows water to infiltrate the soil surface and retain
moisture, which also promotes seed germination and
vegetation growth, in addition to reducing runoff.
Compost is typically derived from combinations of feedstocks,
biosolids, leaf and yard trimmings, manure, wood, or mixed
solid waste. Many types of compost are products of municipal
recycle or "Greenwaste" programs. Compost is organic and
biodegradable and can be left onsite. There are many types of
compost with a variety of properties with specific functions, and
accordingly, compost selection is an important design
consideration in the application of this type of erosion control.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-4 Hydroseeding
EC-5 Soil Binders
EC-7 Geotextiles and Mats
EC-8 Wood Mulching
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Suitable Applications
A compost blanket is appropriate for slopes and earth disturbed areas requiring protection until
permanent stabilization is established. A compost blanket can also used in combination with
temporary and/or permanent seeding strategies to enhance plant establishment. Examples
include:
Rough-graded areas that will remain inactive for longer than 14 days
Soil stockpiles
Slopes with exposed soil between existing vegetation such as trees or shrubs
Slopes planted with live, container-grown vegetation
Disturbed areas where plants are slow to develop
A compost blanket is typically used on slopes of 2:1 (H:V) or gentler. However, a compost
blanket can be effective when applied to slopes as steep as 1:1 (H:V) with appropriate design
considerations including slope length, blanket thickness, adding components such as a tackifier,
or using compost blankets in conjunction with other techniques, such as compost socks and
berms or fiber rolls.
Compost can be pre-seeded prior to application to the soil (recommended by the EPA for
construction site stormwater runoff control) or seeded after the blanket has been installed. The
compost medium can also remove pollutants in stormwater including heavy metals; oil and
grease; and hydrocarbons (USEPA, 1998).
Limitations
Compost can potentially leach nutrients (dissolved phosphorus and nitrogen) into runoff
and potentially impact water quality. Compost should not be used directly upstream from
nutrient impaired waterbodies (Adams et. al, 2008).
Compost may also contain other undesirable constituents that are detrimental to water
quality. Carefully consider the qualifications and experience of any compost
producer/supplier.
A compost blanket applied by hand is more time intensive and potentially costly. Using a
pneumatic blower truck is the recommended cost effective method of application.
When blowers are used, the treatment areas should be within 300 ft of a road or surface
capable of supporting trucks.
Wind may limit application of compost and result in application to undesired locations.
Compost blankets should not be applied in areas of concentrated flows.
Steeper slopes may require additional blanket thickness and other stability measures such as
using tackifiers or slope interruption devices (compost socks and berms, or fiber rolls). The
same applies for sites with high precipitation totals or during the rainy season.
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Implementation
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Compost Materials
California Compost Regulations (Title 14, California Code of Regulations, Division 7,
Chapter 3.1, Article 7, Section 17868.3) define and require a quality of compost for
application. Compost should comply with all physical and chemical requirements. Specific
requirements are provided in Table 1 below, taken from Caltrans Standard Special Provision
10-1 (SSP 10-1), Erosion Control (Compost Blanket).
The compost producer should be fully permitted as specified under the California Integrated
Waste Management Board, Local Enforcement Agencies and any other State and Local
Agencies that regulate Solid Waste Facilities. If exempt from State permitting requirements,
the composting facility should certify that it follows guidelines and procedures for
production of compost meeting the environmental health standards of Title 14, California
Code of Regulations, Division 7, Chapter 3.1, Article 7.
The compost producer should be a participant in United States Composting Council's Seal of
Testing Assurance program.
Compost moisture should be considered for composition quality and application purposes.
A range of 30-50% is typical. Compost that is too dry is hard to apply and compost that is
too wet is more difficult (and more expensive) to transport. For arid or semi-arid areas, or
for application during the dry season, use compost with greater moisture content than areas
with wetter climates. For wetter or more humid climates or for application during the wet
season, drier composts can be used as the compost will absorb moisture from the ambient
air.
Organic content of the compost is also important and should range from 30 to 65%
depending on site conditions.
Compost should be high-quality mature compost. Immature compost can potentially leach
nutrients.
Compost should not be derived from mixed municipal solid waste and should be free of
visible contaminants.
Compost should not contain paint, petroleum products, pesticides or any other chemical
residues harmful to animal life or plant growth. Metal concentrations in compost should not
exceed the maximum metal concentrations listed under Title 14, California Code of
Regulations, Division 7, Chapter 3.1, Section 17868.2.
Compost should not possess objectionable odors.
Compost should be weed free.
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Table 1. Physical/Chemical Requirements of Compost
Reference - Caltrans SSP-10 Erosion Control Blanket (Compost)
Property Test Method Requirement
pH
*TMECC 04.11-A
Elastometric pH 1:5 Slurry Method
pH Units
6.0–8.0
Soluble Salts
TMECC 04.10-A
Electrical Conductivity 1:5 Slurry Method
dS/m (mmhos/cm)
0-10.0
Moisture Content
TMECC 03.09-A
Total Solids & Moisture at 70+/- 5 deg C
% Wet Weight Basis
30-60
Organic Matter
Content
TMECC 05.07-A
Loss-On-Ignition Organic Matter Method (LOI)
% Dry Weight Basis
30–65
Maturity
TMECC 05.05-A
Germination and Vigor
Seed Emergence
Seedling Vigor
% Relative to Positive Control
80 or Above
80 or Above
Stability
TMECC 05.08-B
Carbon Dioxide Evolution Rate
mg CO2-C/g OM per day
8 or below
Particle Size
TMECC 02.02-B
Sample Sieving for Aggregate Size Classification
% Dry Weight Basis
100% Passing, 3 inch
90-100% Passing, 1 inch
65-100% Passing, 3/4 inch
0 - 75% Passing, 1/4 inch
Maximum length 6 inches
Pathogen
TMECC 07.01-B
Fecal Coliform Bacteria
< 1000 MPN/gram dry wt.
Pass
Pathogen
TMECC 07.01-B
Salmonella
< 3 MPN/4 grams dry wt.
Pass
Physical Contaminants
TMECC 02.02-C
Man Made Inert Removal and Classification:
Plastic, Glass and Metal
% > 4mm fraction
Combined Total:
< 1.0
Physical Contaminants
TMECC 02.02-C
Man Made Inert Removal and Classification:
Sharps (Sewing needles, straight pins and hypodermic
needles)
% > 4mm fraction
None Detected
*TMECC refers to "Test Methods for the Examination of Composting and Compost," published by the United States
Department of Agriculture and the United States Compost Council (USCC).
Installation
Prior to compost application, prepare the slope by removing loose rocks, roots, stumps, and
other debris greater than 2” in diameter. Prepare the slope area surface by scarifying or
track walking/roughening if necessary.
Select method to apply the compost blanket. A pneumatic blower is most cost effective and
most adaptive in applying compost to steep, rough terrain, and hard to reach locations.
A compost blanket thickness of 1” to 4” should be applied to slopes of 2:1 (H:V) or gentler,
based on site-specific conditions. Increase blanket thickness with increased slope steepness
and/or during installation during the rainy season (for example, 2” to 3” should be used for a
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3:1 slope, while 1” to 2” can be used for a 4:1 slope). Erosion control using a compost blanket
is not recommended for slopes greater than 1:1 (H:V).
For steeper slopes, tackifiers should be utilized and/or other stabilization techniques
employed. For example, compost socks or berms can be installed at intervals over the
compost blanket (in a similar manner as Fiber Rolls, SE-5).
Compost socks or berms (or equivalent linear sediment control BMP) should be placed at
the top and/or bottom of the slope for additional erosion control performance.
For optimum vegetation establishment, a blanket thickness of 1” to 2” is recommended. If
vegetation establishment is not the primary function of the compost blanket, a thicker
blanket may be recommended based on slope or rainfall conditions.
Evenly distribute compost on the soil surface to the desired blanket thickness (1/2” to 4” as
calculated prior based on site conditions and objectives). Even distribution is an important
factor in preventing future rill and gully erosion.
The compost blanket should extend 3 to 6 feet over the top of the shoulder of the slope. A
compost sock or compost berm can be used at the top of the slope as an auxiliary technique
to prevent runoff from flowing underneath the compost blanket.
Use additional anchoring and erosion control BMPs in conjunction of the compost blanket
as needed.
Costs
The cost associated with a compost blanket is similar to that of a straw mat and generally less
expensive than a geotextile blanket (USEPA, 2009). Caltrans has provided a recent estimate for
$5,000 to $8,000 per acre for application of an unseeded 1 inch compost blanket (Caltrans
Compost Specifications, 2009). Recently obtained vendor costs indicate that proprietary blends
of compost that are seeded and contain a nutrient rich “tackifier” can cost approximately $0.35
per square foot, or approximately $15,000 per acre for a 2 inch blanket. Application by hand is
more time intensive and likely more costly.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Areas where erosion is evident, another layer of compost should be reapplied as soon as
possible. It may be necessary to install an additional type of stormwater BMP at the top of
slope or as a slope interrupter to control flow, such as a fiber roll (SE-5) or compost sock
(SE-11).
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require reapplication of BMPs.
Limit or prohibit foot traffic to minimize damage to BMP or impede vegetation
establishment.
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References
An Analysis of Composting as an Environmental Remediation Technology, U.S. Environmental
Protection Agency (USEPA), Solid Waste and Emergency Response (5305W), EPA530-R-8-008,
1998.
Characteristics of Compost: Moisture Holding and Water Quality Improvement, Center for
Research in Water Resources, Kirchoff, C., Malina, J., and Barrett, M., 2003.
Compost Utilization for Erosion Control, The University of Georgia College of Agricultural and
Environmental Sciences, pubs.caes.uga.edu/caespubs/pubcd/B1200.htm, Faucette, B. and
Risse, M., 2009.
Demonstration Project Using Yard Debris Compost for Erosion Control, Final Report, presented
to Metropolitan Service District, W&H Pacific, 1993.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, 2005.
Standard Special Provision 10-1, Erosion Control (Compost Blanket), California Department of
Transportation (Caltrans). 2007 Update.
Evaluation of Environmental Benefits and Impacts of Compost and Industry Standard Erosion
and Sediment Controls Measures Used in Construction Activities, Dissertation, Institute of
Ecology, University of Georgia, Faucette, B., 2004.
Filter Sock Presentation provided at Erosion, Sediment Control and Stormwater Management
with Compost BMPs Workshop, U.S. Composting Council 13th Annual Conference and Trade
Show, McCoy, S., 2005.
National Pollutant Discharge Elimination System (NPDES), Compost Blankets, U.S.
Environmental Protection Agency (USEPA).
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm?action=factsheet_results&vie
w=specific&bmp=118, 2009.
Standard Specifications for Transportation Materials and Methods of Sampling and Testing
Designation M10-03, Compost for Erosion/Sediment Control (Compost Blankets), Provisional,
American Association of State Highway Transportation Officials (AASHTO), 2003.
Stormwater Best Management Practices (BMPs) Field Trials of Erosion Control Compost in
Reclamation of Rock Quarry Operations, Nonpoint Source Protection Program CWA §319(h),
Texas Commission on Environmental Quality, Adams, T., McFarland, A., Hauck, L., Barrett, M.,
and Eck, B., 2008.
Soil Preparation/Roughening EC-15
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Description and Purpose
Soil Preparation/Roughening involves assessment and
preparation of surface soils for BMP installation. This can
include soil testing (for seed base, soil characteristics, or
nutrients), as well as roughening surface soils by mechanical
methods (including sheepsfoot rolling, track walking,
scarifying, stair stepping, and imprinting) to prepare soil for
additional BMPs, or to break up sheet flow. Soil Preparation
can also involve tilling topsoil to prepare a seed bed and/or
incorporation of soil amendments, to enhance vegetative
establishment.
Suitable Applications
Soil preparation: Soil preparation is essential to proper
vegetative establishment. In particular, soil preparation (i.e.
tilling, raking, and amendment) is suitable for use in
combination with any soil stabilization method, including
RECPs or sod. Soil preparation should not be confused with
roughening.
Roughening: Soil roughening is generally referred to as track
walking (sometimes called imprinting) a slope, where treads
from heavy equipment run parallel to the contours of the slope
and act as mini terraces. Soil preparation is most effective
when used in combination with erosion controls. Soil
Roughening is suitable for use as a complementary process for
controlling erosion on a site. Roughening is not intended to be
used as a stand-alone BMP, and should be used with perimeter
controls, additional erosion control measures, grade breaks,
and vegetative establishment for maximum effectiveness.
Roughening is intended to only affect surface soils and should
not compromise slope stability or overall compaction. Suitable
applications for soil roughening include:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-3 Hydraulic Mulch
EC-5 Soil Binders
EC-7 Geotextiles and Mats
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Along any disturbed slopes, including temporary stockpiles, sediment basins, or compacted
soil diversion berms and swales.
Roughening should be used in combination with hydraulically applied stabilization methods,
compost blanket, or straw mulch; but should not be used in combination with RECPs or sod
because roughening is intended to leave terraces on the slope.
Limitations
Preparation and roughening must take place prior to installing other erosion controls (such
as hydraulically applied stabilizers) or sediment controls (such as fiber rolls) on the faces of
slopes.
In such cases where slope preparation is minimal, erosion control/revegetation BMPs that
do not require extensive soil preparation - such as hydraulic mulching and seeding
applications - should be employed.
Consideration should be given to the type of erosion control BMP that follows surface
preparation, as some BMPs are not designed to be installed over various types of
tillage/roughening, i.e., RECPs (erosion control blankets) should not be used with soil
roughening due to a “bridging” effect, which suspends the blanket above the seed bed.
Surface roughness has an effect on the amount of mulch material that needs to be applied,
which shows up as a general increase in mulch material due to an increase in surface area
(Topographic Index -see EC-3 Hydraulic Mulching).
Implementation
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
General
A roughened surface can significantly reduce erosion. Based on tests done at the San Diego
State Erosion Research Laboratory, various roughening techniques on slopes can result in a 12 -
76% reduction in the erosion rate versus smooth slopes.
Materials
Minimal materials are required unless amendments and/or seed are added to the soil. The
majority of soil roughening/preparation can be done with equipment that is on hand at a normal
construction site, such as bull dozers and compaction equipment.
Installation Guidelines
Soil Preparation
Where appropriate or feasible, soil should be prepared to receive the seed by disking or
otherwise scarifying the surface to eliminate crust, improve air and water infiltration and
create a more favorable environment for germination and growth.
Based upon soil testing conducted, apply additional soil amendments (e.g. fertilizers,
additional seed) to the soil to help with germination. Follow EC-4, Hydroseeding, when
selecting and applying seed and fertilizers.
Soil Preparation/Roughening EC-15
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Cut Slope Roughening:
Stair-step grade or groove the cut slopes that are steeper than 3:1.
Use stair-step grading on any erodible material soft enough to be ripped with a bulldozer.
Slopes consisting of soft rock with some subsoil are particularly suited to stair-step grading.
Make the vertical cut distance less than the horizontal distance, and slightly slope the
horizontal position of the "step" in toward the vertical wall.
Do not make individual vertical cuts more than 2 feet (0.6 m) high in soft materials or more
than 3 feet (0.9 m) high in rocky materials.
Groove the slope using machinery to create a series of ridges and depressions that run across
the slope, on the contour.
Fill Slope Roughening:
Place on fill slopes with a gradient steeper than 3:1 in lifts not to exceed 8 inches (0.2 m),
and make sure each lift is properly compacted.
Ensure that the face of the slope consists of loose, uncompacted fill 4-6 inches (0.1-0.2 m)
deep.
Use grooving or tracking to roughen the face of the slopes, if necessary.
Do not blade or scrape the final slope face.
Roughening for Slopes to be Mowed:
Slopes which require mowing activities should not be steeper than 3:1.
Roughen these areas to shallow grooves by track walking, scarifying, sheepsfoot rolling, or
imprinting.
Make grooves close together (less than 10 inches), and not less than 1 inch deep, and
perpendicular to the direction of runoff (i.e., parallel to the slope contours).
Excessive roughness is undesirable where mowing is planned.
Roughening With Tracked Machinery:
Limit roughening with tracked machinery to soils with a sandy textural component to avoid
undue compaction of the soil surface.
Operate tracked machinery up and down the slope to leave horizontal depressions in the
soil. Do not back-blade during the final grading operation.
Seed and mulch roughened areas as soon as possible to obtain optimum seed germination
and growth.
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Costs
Costs are based on the additional labor of tracking or preparation of the slope plus the cost of
any required soil amendment materials.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Check the seeded slopes for signs of erosion such as rills and gullies. Fill these areas slightly
above the original grade, then reseed and mulch as soon as possible.
Inspect BMPs weekly during normal operations, prior to forecasted rain events, daily during
extended rain events, and after the conclusion of rain events.
References
Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical
Memorandum, State of California Department of Transportation (Caltrans), July 2007.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Non-Vegetative Stabilization EC-16
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Description and Purpose
Non-vegetative stabilization methods are used for temporary or
permanent stabilization of areas prone to erosion and should be
used only where vegetative options are not feasible; examples
include:
Areas of vehicular or pedestrian traffic such as roads or
paths;
Arid environments where vegetation would not provide
timely ground coverage, or would require excessive
irrigation;
Rocky substrate, infertile or droughty soils where vegetation
would be difficult to establish; and
Areas where vegetation will not grow adequately within the
construction time frame.
There are several non-vegetative stabilization methods and
selection should be based on site-specific conditions.
Decomposed Granite (DG) is a permanent erosion
protection method that consists of a layer of stabilized
decomposed granite placed over an erodible surface.
Degradable Mulches of various types (see EC-3, EC-6,
EC-8) can be used for temporary non-vegetative stabilization;
examples include straw mulch, compost, wood chips or
hydraulic mulch.
Geotextiles and Mats can be used for temporary non-
vegetative stabilization (see EC-7). These BMPs are typically
manufactured from degradable or synthetic materials and are
Categories
EC Erosion Control
SE Sediment Control
TR Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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designed and specified based on their functional longevity, i.e., how long they will persist and
provide erosion protection. All geotextiles and mats should be replaced when they exceed their
functional longevity or when permanent stabilization methods are instituted.
Gravel Mulch is a non-degradable erosion control product that is composed of washed and
screened coarse to very coarse gravel, 16 mm to 64 mm (0.6” - 2.5”), similar to an AASHTO No.
3 coarse aggregate.
Rock Slope Protection consists of utilizing large rock or rip-rap (4”- 24”) to stabilize slopes
with a high erosion potential and those subject to scour along waterways.
Soil Binders can be used for temporary non-vegetative stabilization (see EC-5). The key to
their use is functional longevity. In most cases, the soil binder will need to be routinely
monitored and re-applied to maintain an erosion-resistant coverage.
Suitable Applications
Non-vegetated stabilization methods are suitable for use on disturbed soil areas and on material
stockpiles that need to be temporarily or permanently protected from erosion by water and
wind. Non-vegetated stabilization should only be utilized when vegetation cannot be established
in the required timeframe, due to soil or climactic conditions, or where vegetation may be a
potential fire hazard.
Decomposed Granite (DG) and Gravel Mulch are suitable for use in areas where
vegetation establishment is difficult, on flat surfaces, trails and pathways, and when used in
conjunction with a stabilizer or tackifier, on shallow slopes (i.e., 10:1 [H:V]). DG and gravel can
also be used on shallow rocky slopes where vegetation cannot be established for permanent
erosion control.
Degradable Mulches can be used to cover and protect soil surfaces from erosion both in
temporary and permanent applications. In many cases, the use of mulches by themselves
requires routine inspection and re-application. See EC-3 Hydraulic Mulch, EC-6 Straw Mulch,
EC-8 Wood Mulch, or EC-14 Compost Blankets for more information.
Geotextiles and Mats can be used as a temporary stand-alone soil stabilization method.
Depending on material selection, geotextiles and mats can be a short-term (3 mos – 1 year) or
long-term (1-2 years) temporary stabilization method. For more information on geotextiles and
mats see EC-7 Geotextiles and Mats.
Rock Slope Protection can be used when the slopes are subject to scour or have a high
erosion potential, such as slopes adjacent to flowing waterways or slopes subject to overflow
from detention facilities (spillways).
Soil Binders can be used for temporary stabilization of stockpiles and disturbed areas not
subject to heavy traffic. See EC-5 Soil Binders for more information.
Limitations
General
Refer to EC-3, EC-6, EC-8, and EC-14 for limitations on use of mulches. Refer to EC-7 for
limitations on use of geotextiles and mats. Refer to EC-5 for limitations on use of Soil
Binders.
Non-Vegetative Stabilization EC-16
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Decomposed Granite
Not available in some geographic regions.
If not tackified, material may be susceptible to erosion even on slight slopes (e.g., 30:1
[H:V]).
Installed costs may be more expensive than vegetative stabilization methods.
Gravel Mulch
Availability is limited in some geographic regions.
If not properly screened and washed, can contain fine material that can erode and/or create
dust problems.
If inadequately sized, material may be susceptible to erosion on sloped areas.
Pore spaces fill with dirt and debris over time; may provide a growing medium for weeds.
Rock Slope Protection
Installation is labor intensive.
Installed costs can be significantly higher than vegetative stabilization methods.
Rounded stones may not be used on slopes greater than 2:1 [H:V].
Implementation
General
Non-vegetated stabilization should be used in accordance with the following general guidance:
Should be used in conjunction with other BMPs, including drainage, erosion controls and
sediment controls.
Refer to EC-3, EC-6, EC-8, and EC-14 for implementation details for mulches. Refer to EC-7
for implementation details for geotextiles and mats. Refer to EC-5 for implementation
details for soil binders.
Non-vegetated stabilization measures should be implemented as soon as the disturbance in
the areas they are intended to protect has ceased.
Additional guidance on the comparison and selection of temporary slope stabilization
methods is provided in Appendix F of the Handbook.
Decomposed Granite Stabilization
If used for a road or path should be installed on a prepared base.
Should be mixed with a stabilizer if used for roads or pathways, or on slope applications.
Though porous it is recommended to prevent standing water on or next to a decomposed
granite road or pathway.
Non-Vegetative Stabilization EC-16
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Gravel Mulch
Should be sized based on slope, rainfall, and upgradient run-on conditions. Stone size
should be increased as potential for erosion increases (steeper slopes, high intensity
rainfall).
If permanent, a weed control fabric should be placed prior to installation.
Should be installed at a minimum 2” depth.
Should completely cover all exposed surfaces.
Rock Slope Protection
Rock slope protection installation should follow Caltrans Standard Specification 72-2: Rock
Slope Protection. Refer to the specification for rock conformity requirements and
installation methods.
When using rock slope protection, rock size and installation method should be specified by
an Engineer.
A geotextile fabric should be placed prior to installation.
Costs
Costs are highly variable depending not only on technique chosen, but also on materials
chosen within specific techniques. In addition, availability of certain materials will vary by
region/location, which will also affect the cost. Costs of mulches, geotextiles and mats, and
soil binders are presented in their respective fact sheets. Costs for decomposed granite,
gravel mulch stabilization and rock slope protection may be higher depending on location
and availability of materials. Caltrans has provided an estimate for gravel mulch of $10 -
$15/yd2 in flat areas and $11 - $23/yd2 on side slopes.
Inspection and Maintenance
General
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
For permanent installation, require inspection periodically and after major storm events to
look for signs of erosion or damage to the stabilization.
All damage should be repaired immediately.
Refer to EC-3, EC-6, EC-8, and EC-14 for inspection and maintenance requirements for
mulches. Refer to EC-7 for inspection and maintenance requirements for geotextiles and
mats. Refer to EC-5 for inspection and maintenance requirements for soil binders.
Decomposed Granite and Gravel Mulch Stabilization
Rake out and add decomposed granite or gravel as needed to areas subject to rill erosion.
Inspect upgradient drainage controls and repair/modify as necessary.
Non-Vegetative Stabilization EC-16
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Should remain stable under loose surface material. Any significant problem areas should be
repaired to restore uniformity to the installation.
References
Arid Zone Forestry: A Guide for Field Technicians. Food and Agriculture Organization of the
United Nations, 1989.
Design of Roadside Channels with Flexible Linings, Hydraulic Engineering Circular Number 15,
Third Edition, Federal Highway Administration, 2007.
Design Standards for Urban Infrastructure - Soft Landscape Design, Department of Territory
and Municipal Services - Australian Capital Territory http://www.tams.act.gov.au/work/
standards_and_procedures/design_standards_for_urban_infrastructure
Erosion and Sediment Control Handbook: A Guide for Protection of State Waters through the
use of Best Management Practices during Land Disturbing Activities, Tennessee Department of
Environment and Conservation, 2002.
Gravel Mulch, Landscape Architecture Non-Standard Specification 10-2, California Department
of Transportation (Caltrans), http://www.dot.ca.gov/hq/LandArch/roadside/detail-gm.htm
Maine Erosion and Sediment Control BMPs, DEPLW0588, Maine Department of
Environmental Protection: Bureau of Land and Water Quality, 2003.
National Menu of Best Management Practices, US Environmental Protection Agency, 2006.
Standard Specification 72-2: Rock Slope Protection. California Department of Transportation,
2006.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Water Conservation Practices NS-1
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Description and Purpose
Water conservation practices are activities that use water
during the construction of a project in a manner that avoids
causing erosion and the transport of pollutants offsite. These
practices can reduce or eliminate non-stormwater discharges.
Suitable Applications
Water conservation practices are suitable for all construction
sites where water is used, including piped water, metered
water, trucked water, and water from a reservoir.
Limitations
None identified.
Implementation
Keep water equipment in good working condition.
Stabilize water truck filling area.
Repair water leaks promptly.
Washing of vehicles and equipment on the construction site
is discouraged.
Avoid using water to clean construction areas. If water
must be used for cleaning or surface preparation, surface
should be swept and vacuumed first to remove dirt. This
will minimize amount of water required.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Water Conservation Practices NS-1
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Direct construction water runoff to areas where it can soak into the ground or be collected
and reused.
Authorized non-stormwater discharges to the storm drain system, channels, or receiving
waters are acceptable with the implementation of appropriate BMPs.
Lock water tank valves to prevent unauthorized use.
Costs
The cost is small to none compared to the benefits of conserving water.
Inspection and Maintenance
Inspect and verify that activity based BMPs are in place prior to the commencement of
authorized non-stormwater discharges.
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
are occuring.
Repair water equipment as needed to prevent unintended discharges.
Water trucks
Water reservoirs (water buffalos)
Irrigation systems
Hydrant connections
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Dewatering Operations NS-2
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Description and Purpose
Dewatering operations are practices that manage the discharge
of pollutants when non-stormwater and accumulated
precipitation (stormwater) must be removed from a work
location to proceed with construction work or to provide vector
control.
The General Permit incorporates Numeric Action Levels (NAL)
for turbidity (see Section 2 of this handbook to determine your
project’s risk level and if you are subject to these
requirements).
Discharges from dewatering operations can contain high levels
of fine sediment that, if not properly treated, could lead to
exceedances of the General Permit requirements or Basin Plan
standards.
The dewatering operations described in this fact sheet are not
Active Treatment Systems (ATS) and do not include the use of
chemical coagulations, chemical flocculation or
electrocoagulation.
Suitable Applications
These practices are implemented for discharges of non-
stormwater from construction sites. Non-stormwaters include,
but are not limited to, groundwater, water from cofferdams,
water diversions, and waters used during construction activities
that must be removed from a work area to facilitate
construction.
Practices identified in this section are also appropriate for
implementation when managing the removal of accumulated
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-5: Fiber Roll
SE-6: Gravel Bag Berm
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Dewatering Operations NS-2
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precipitation (stormwater) from depressed areas at a construction site.
Stormwater mixed with non-stormwater should be managed as non-stormwater.
Limitations
Dewatering operations will require, and should comply with applicable local and project-
specific permits and regulations. In some areas, all dewatering activities, regardless of the
discharge volume, require a dewatering permit.
Site conditions will dictate design and use of dewatering operations.
The controls discussed in this fact sheet primarily address sediment. Other secondary
pollutant removal benefits are discussed where applicable.
The controls detailed in this fact sheet only allow for minimal settling time for sediment
particles. Use only when site conditions restrict the use of the other control methods.
Avoid dewatering discharges where possible by using the water for dust control.
Implementation
A Construction Site Monitoring Plan (CSMP) should be included in the project Stormwater
Pollution Prevention Plan (SWPPP).
Regional Water Quality Control Board (RWQCB) Regions may require notification and
approval prior to any discharge of water from construction sites.
The destination of discharge from dewatering activities will typically determine the type of
permit required for the discharge. For example, when discharging to a water of the U.S., a
dewatering permit may be required through the site’s governing RWQCB. When discharging
to a sanitary sewer or Municipal Separate Storm Sewer System (MS4), a permit may need to
be obtained from the owner of the sanitary sewer or MS4 in addition to obtaining an
RWQCB dewatering permit. Additional permits or permissions from other agencies may be
required for dewatering cofferdams or diversions.
Dewatering discharges should not cause erosion at the discharge point. Appropriate BMPs
should be implemented to maintain compliance with all applicable permits.
Maintain dewatering records in accordance with all local and project-specific permits and
regulations.
Sediment Treatment
A variety of methods can be used to treat water during dewatering operations. Several devices
are presented below and provide options to achieve sediment removal. The sediment particle
size and permit or receiving water limitations on sediment or turbidity are key considerations
for selecting sediment treatment option(s); in some cases, the use of multiple devices may be
appropriate. Use of other enhanced treatment methods (i.e., introduction of chemicals or
electric current to enhance flocculation and removal of sediment) must comply with: 1) for
storm drain or surface water discharges, the requirements for Active Treatment Systems (see
SE-11); or 2) for sanitary sewer discharges, the requirements of applicable sanitary sewer
discharge permits.
Dewatering Operations NS-2
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Sediment Basin (see also SE-2)
Description:
A sediment basin is a temporary basin with a controlled release structure that is formed by
excavation or construction of an embankment to detain sediment-laden runoff and allow
sediment to settle out before discharging. Sediment basins are generally larger than
Sediment Traps (SE-3) and have a designed outlet structure.
Appropriate Applications:
Effective for the removal of trash, gravel, sand, silt, some metals that settle out with the
sediment.
Implementation:
Excavation and construction of related facilities is required.
Temporary sediment basins should be fenced if safety is a concern.
Outlet protection is required to prevent erosion at the outfall location.
Maintenance:
Maintenance is required for safety fencing, vegetation, embankment, inlet and outlet, as well
as other features.
Removal of sediment is required when the storage volume is reduced by one-third.
Sediment Trap (See also SE-3)
Description:
A sediment trap is a temporary basin formed by excavation and/or construction of an
earthen embankment across a waterway or low drainage area to detain sediment-laden
runoff and allow sediment to settle out before discharging. Sediment traps are generally
smaller than Sediment Basins (SE-2) and do not have a designed outlet (but do have a
spillway or overflow).
Appropriate Applications:
Effective for the removal of large and medium sized particles (sand and gravel) and some metals
that settle out with the sediment.
Implementation:
Excavation and construction of related facilities is required.
Trap inlets should be located to maximize the travel distance to the trap outlet.
Use rock or vegetation to protect the trap outlets against erosion.
Maintenance:
Maintenance is required for vegetation, embankment, inlet and outfall structures, as well as
other features.
Removal of sediment is required when the storage volume is reduced by one-third.
Dewatering Operations NS-2
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Weir Tanks
Description:
A weir tank separates water and waste by using weirs. The configuration of the weirs (over
and under weirs) maximizes the residence time in the tank and determines the waste to be
removed from the water, such as oil, grease, and sediments.
Appropriate Applications:
The tank removes trash, some settleable solids (gravel, sand, and silt), some visible oil and
grease, and some metals (removed with sediment). To achieve high levels of flow, multiple
tanks can be used in parallel. If additional treatment is desired, the tanks can be placed in
series or as pre-treatment for other methods.
Implementation:
Tanks are delivered to the site by the vendor, who can provide assistance with set-up and
operation.
Tank size will depend on flow volume, constituents of concern, and residency period
required. Vendors should be consulted to appropriately size tank.
Treatment capacity (i.e., volume and number of tanks) should provide at a minimum the
required volume for discrete particle settling for treatment design flows.
Maintenance:
Periodic cleaning is required based on visual inspection or reduced flow.
Oil and grease disposal should be conducted by a licensed waste disposal company.
Dewatering Operations NS-2
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Dewatering Tanks
Description:
A dewatering tank removes debris and sediment. Flow enters the tank through the top,
passes through a fabric filter, and is discharged through the bottom of the tank. The filter
separates the solids from the liquids.
Appropriate Applications:
The tank removes trash, gravel, sand, and silt, some visible oil and grease, and some metals
(removed with sediment). To achieve high levels of flow, multiple tanks can be used in
parallel. If additional treatment is desired, the tanks can be placed in series or as pre-
treatment for other methods.
Implementation:
Tanks are delivered to the site by the vendor, who can provide assistance with set-up and
operation.
Tank size will depend on flow volume, constituents of concern, and residency period
required. Vendors should be consulted to appropriately size tank.
Maintenance:
Periodic cleaning is required based on visual inspection or reduced flow.
Oil and grease disposal should be conducted by licensed waste disposal company.
Dewatering Operations NS-2
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Gravity Bag Filter
Description:
A gravity bag filter, also referred to as a dewatering bag, is a square or rectangular bag made
of non-woven geotextile fabric that collects gravel, sand, silt, and fines.
Appropriate Applications:
Effective for the removal of sediments (gravel, sand, silt, and fines). Some metals are
removed with the sediment.
Implementation:
Water is pumped into one side of the bag and seeps through the top, bottom, and sides of the
bag.
Place filter bag on pavement or a gravel bed or paved surface. Avoid placing a dewatering
bag on unprotected bare soil. If placing the bag on bare soil is unavoidable, a secondary
barrier should be used, such as a rock filter bed placed beneath and beyond the edges of the
bag to, prevent erosion and capture sediments that escape the bag.
Perimeter control around the downstream end of the bag should be implemented. Secondary
sediment controls are important especially in the initial stages of discharge, which tend to
allow fines to pass through the bag.
Maintenance:
Inspection of the flow conditions, bag condition, bag capacity, and the secondary barrier (as
applicable) is required.
Replace the bag when it no longer filters sediment or passes water at a reasonable rate.
Caution should be taken when removing and disposing of the bag, to prevent the release of
captured sediment
Properly dispose of the bag offsite. If sediment is removed from the bag prior to disposal
(bags can potentially be reused depending upon their condition), dispose of sediment in
accordance with the general maintenance procedures described at the end of this BMP Fact
Sheet.
FLOW
FILTERED WATERPUMP DISCHARGE HOSE
AVAILABLE IN VARIOUS
SHAPES AND SIZES FORSEDIMENT CONTAINMENT
DEWATERING BAG
TIE DOWN STRAP
WATER PUMP
Place filter
on gravel or
pavement
Dewatering Operations NS-2
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Sand Media Particulate Filter
Description:
Water is treated by passing it through canisters filled with sand media. Generally, sand
filters provide a final level of treatment. They are often used as a secondary or higher level of
treatment after a significant amount of sediment and other pollutants have been removed
using other methods.
Appropriate Applications:
Effective for the removal of trash, gravel, sand, and silt and some metals, as well as the
reduction of biochemical oxygen demand (BOD) and turbidity.
Sand filters can be used for stand-alone treatment or in conjunction with bag and cartridge
filtration if further treatment is required.
Sand filters can also be used to provide additional treatment to water treated via settling or
basic filtration.
Implementation:
The filters require delivery to the site and initial set up. The vendor can provide assistance
with installation and operation.
Maintenance:
The filters require regular service to monitor and maintain the level of the sand media. If
subjected to high loading rates, filters can plug quickly.
Venders generally provide data on maximum head loss through the filter. The filter should
be monitored daily while in use, and cleaned when head loss reaches target levels.
If cleaned by backwashing, the backwash water may need to be hauled away for disposal, or
returned to the upper end of the treatment train for another pass through the series of
dewatering BMPs.
Dewatering Operations NS-2
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Pressurized Bag Filter
Description:
A pressurized bag filter is a unit composed of single filter bags made from polyester felt
material. The water filters through the unit and is discharged through a header. Vendors
provide bag filters in a variety of configurations. Some units include a combination of bag
filters and cartridge filters for enhanced contaminant removal.
Appropriate Applications:
Effective for the removal of sediment (sand and silt) and some metals, as well as the
reduction of BOD, turbidity, and hydrocarbons. Oil absorbent bags are available for
hydrocarbon removal.
Filters can be used to provide secondary treatment to water treated via settling or basic
filtration.
Implementation:
The filters require delivery to the site and initial set up. The vendor can provide assistance
with installation and operation.
Maintenance:
The filter bags require replacement when the pressure differential equals or exceeds the
manufacturer’s recommendation.
Dewatering Operations NS-2
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Cartridge Filter
Description:
Cartridge filters provide a high degree of pollutant removal by utilizing a number of
individual cartridges as part of a larger filtering unit. They are often used as a secondary or
higher (polishing) level of treatment after a significant amount of sediment and other
pollutants are removed. Units come with various cartridge configurations (for use in series
with bag filters) or with a larger single cartridge filtration unit (with multiple filters within).
Appropriate Applications:
Effective for the removal of sediment (sand, silt, and some clays) and metals, as well as the
reduction of BOD, turbidity, and hydrocarbons. Hydrocarbons can effectively be removed
with special resin cartridges.
Filters can be used to provide secondary treatment to water treated via settling or basic
filtration.
Implementation:
The filters require delivery to the site and initial set up. The vendor can provide assistance.
Maintenance:
The cartridges require replacement when the pressure differential equals or exceeds the
manufacturer’s recommendation.
Costs
Sediment control costs vary considerably depending on the dewatering and sediment
treatment system that is selected. Pressurized filters tend to be more expensive than gravity
settling, but are often more effective. Simple tanks are generally rented on a long-term basis
(one or more months) and can range from $360 per month for a 1,000 gallon tank to $2,660
per month for a 10,000 gallon tank. Mobilization and demobilization costs vary
considerably.
Inspection and Maintenance
Inspect and verify that dewatering BMPs are in place and functioning prior to the
commencement of activities requiring dewatering.
Inspect dewatering BMPs daily while dewatering activities are being conducted.
Dewatering Operations NS-2
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Inspect all equipment before use. Monitor dewatering operations to ensure they do not
cause offsite discharge or erosion.
Sample dewatering discharges as required by the General Permit.
Unit-specific maintenance requirements are included with the description of each unit.
Sediment removed during the maintenance of a dewatering device may be either spread
onsite and stabilized, or disposed of at a disposal site as approved by the owner.
Sediment that is commingled with other pollutants should be disposed of in accordance with
all applicable laws and regulations and as approved by the owner.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003; Updated March
2004.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Labor Surcharge & Equipment Rental Rates, April 1, 2002 through March 31, 2003, California
Department of Transportation (Caltrans).
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Paving and Grinding Operations NS-3
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Description and Purpose
Prevent or reduce the discharge of pollutants from paving
operations, using measures to prevent runon and runoff
pollution, properly disposing of wastes, and training employees
and subcontractors.
The General Permit incorporates Numeric Action Levels (NAL)
for pH and turbidity (see Section 2 of this handbook to
determine your project’s risk level and if you are subject to
these requirements).
Many types of construction materials associated with paving
and grinding operations, including mortar, concrete, and
cement and their associated wastes have basic chemical
properties that can raise pH levels outside of the permitted
range. Additional care should be taken when managing these
materials to prevent them from coming into contact with
stormwater flows, which could lead to exceedances of the
General Permit requirements.
Suitable Applications
These procedures are implemented where paving, surfacing,
resurfacing, or sawcutting, may pollute stormwater runoff or
discharge to the storm drain system or watercourses.
Limitations
Paving opportunities may be limited during wet weather.
Discharges of freshly paved surfaces may raise pH to
environmentally harmful levels and trigger permit
violations.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Paving and Grinding Operations NS-3
July 2012 California Stormwater BMP Handbook 2 of 5
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Implementation
General
Avoid paving during the wet season when feasible.
Reschedule paving and grinding activities if rain is forecasted.
Train employees and sub-contractors in pollution prevention and reduction.
Store materials away from drainage courses to prevent stormwater runon (see WM-1,
Material Delivery and Storage).
Protect drainage courses, particularly in areas with a grade, by employing BMPs to divert
runoff or to trap and filter sediment.
Stockpile material removed from roadways away from drain inlets, drainage ditches, and
watercourses. These materials should be stored consistent with WM-3, Stockpile
Management.
Disposal of PCC (Portland cement concrete) and AC (asphalt concrete) waste should be in
conformance with WM-8, Concrete Waste Management.
Saw Cutting, Grinding, and Pavement Removal
Shovel or vacuum saw-cut slurry and remove from site. Cover or barricade storm drains
during saw cutting to contain slurry.
When paving involves AC, the following steps should be implemented to prevent the
discharge of grinding residue, uncompacted or loose AC, tack coats, equipment cleaners, or
unrelated paving materials:
AC grindings, pieces, or chunks used in embankments or shoulder backing should not be
allowed to enter any storm drains or watercourses. Install inlet protection and perimeter
controls until area is stabilized (i.e. cutting, grinding or other removal activities are
complete and loose material has been properly removed and disposed of)or permanent
controls are in place. Examples of temporary perimeter controls can be found in EC-9,
Earth Dikes and Drainage Swales; SE-1, Silt Fence; SE-5, Fiber Rolls, or SE-13 Compost
Socks and Berms
Collect and remove all broken asphalt and recycle when practical. Old or spilled asphalt
should be recycled or disposed of properly.
Do not allow saw-cut slurry to enter storm drains or watercourses. Residue from grinding
operations should be picked up by a vacuum attachment to the grinding machine, or by
sweeping, should not be allowed to flow across the pavement, and should not be left on the
surface of the pavement. See also WM-8, Concrete Waste Management, and WM-10, Liquid
Waste Management.
Pavement removal activities should not be conducted in the rain.
Collect removed pavement material by mechanical or manual methods. This material may
be recycled for use as shoulder backing or base material.
Paving and Grinding Operations NS-3
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If removed pavement material cannot be recycled, transport the material back to an
approved storage site.
Asphaltic Concrete Paving
If paving involves asphaltic cement concrete, follow these steps:
Do not allow sand or gravel placed over new asphalt to wash into storm drains, streets,
or creeks. Vacuum or sweep loose sand and gravel and properly dispose of this waste by
referring to WM-5, Solid Waste Management.
Old asphalt should be disposed of properly. Collect and remove all broken asphalt from
the site and recycle whenever possible.
Portland Cement Concrete Paving
Do not wash sweepings from exposed aggregate concrete into a storm drain system. Collect
waste materials by dry methods, such as sweeping or shoveling, and return to aggregate base
stockpile or dispose of properly. Allow aggregate rinse to settle. Then, either allow rinse
water to dry in a temporary pit as described in WM-8, Concrete Waste Management, or
pump the water to the sanitary sewer if authorized by the local wastewater authority.
Sealing Operations
During chip seal application and sweeping operations, petroleum or petroleum covered
aggregate should not be allowed to enter any storm drain or water courses. Apply temporary
perimeter controls until structure is stabilized (i.e. all sealing operations are complete and
cured and loose materials have been properly removed and disposed).
Inlet protection (SE-10, Storm Drain Inlet Protection) should be used during application of
seal coat, tack coat, slurry seal, and fog seal.
Seal coat, tack coat, slurry seal, or fog seal should not be applied if rainfall is predicted to
occur during the application or curing period.
Paving Equipment
Leaks and spills from paving equipment can contain toxic levels of heavy metals and oil and
grease. Place drip pans or absorbent materials under paving equipment when not in use.
Clean up spills with absorbent materials and dispose of in accordance with the applicable
regulations. See NS-10, Vehicle and Equipment Maintenance, WM-4, Spill Prevention and
Control, and WM-10, Liquid Waste Management.
Substances used to coat asphalt transport trucks and asphalt spreading equipment should
not contain soap and should be non-foaming and non-toxic.
Paving equipment parked onsite should be parked over plastic to prevent soil
contamination.
Clean asphalt coated equipment offsite whenever possible. When cleaning dry, hardened
asphalt from equipment, manage hardened asphalt debris as described in WM-5, Solid
Waste Management. Any cleaning onsite should follow NS-8, Vehicle and Equipment
Cleaning.
Paving and Grinding Operations NS-3
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Thermoplastic Striping
Thermoplastic striper and pre-heater equipment shutoff valves should be inspected to
ensure that they are working properly to prevent leaking thermoplastic from entering drain
inlets, the stormwater drainage system, or watercourses.
Pre-heaters should be filled carefully to prevent splashing or spilling of hot thermoplastic.
Leave six inches of space at the top of the pre-heater container when filling thermoplastic to
allow room for material to move.
Do not pre-heat, transfer, or load thermoplastic near drain inlets or watercourses.
Clean truck beds daily of loose debris and melted thermoplastic. When possible, recycle
thermoplastic material.
Raised/Recessed Pavement Marker Application and Removal
Do not transfer or load bituminous material near drain inlets, the stormwater drainage
system, or watercourses.
Melting tanks should be loaded with care and not filled to beyond six inches from the top to
leave room for splashing.
When servicing or filling melting tanks, ensure all pressure is released before removing lids
to avoid spills.
On large-scale projects, use mechanical or manual methods to collect excess bituminous
material from the roadway after removal of markers.
Costs
All of the above are low cost measures.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
paving and grinding operations.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Sample stormwater runoff required by the General Permit.
Keep ample supplies of drip pans or absorbent materials onsite.
Inspect and maintain machinery regularly to minimize leaks and drips.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Paving and Grinding Operations NS-3
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Hot Mix Asphalt-Paving Handbook AC 150/5370-14, Appendix I, U.S. Army Corps of Engineers,
July 1991.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Temporary Stream Crossing NS-4
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Description and Purpose
A temporary stream crossing is a temporary culvert, ford or
bridge placed across a waterway to provide access for
construction purposes for a period of less than one year.
Temporary access crossings are not intended to maintain traffic
for the public. The temporary access will eliminate erosion and
downstream sedimentation caused by vehicles.
Suitable Applications
Temporary stream crossings should be installed at all
designated crossings of perennial and intermittent streams on
the construction site, as well as for dry channels that may be
significantly eroded by construction traffic.
Temporary streams crossings are installed at sites:
Where appropriate permits have been secured (404
Permits, and 401 Certifications)
Where construction equipment or vehicles need to
frequently cross a waterway
When alternate access routes impose significant constraints
When crossing perennial streams or waterways causes
significant erosion
Where construction activities will not last longer than one
year
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Where appropriate permits have been obtained for the stream crossing
Limitations
The following limitations may apply:
Installation and removal will usually disturb the waterway.
Installation may require Regional Water Quality Control Board (RWQCB) 401 Certification,
U.S. Army Corps of Engineers 404 permit and approval by California Department of Fish
and Game. If numerical-based water quality standards are mentioned in any of these and
other related permits, testing and sampling may be required.
Installation may require dewatering or temporary diversion of the stream. See NS-2,
Dewatering Operations and NS-5, Clear Water Diversion.
Installation may cause a constriction in the waterway, which can obstruct flood flow and
cause flow backups or washouts. If improperly designed, flow backups can increase the
pollutant load through washouts and scouring.
Use of natural or other gravel in the stream for construction of Cellular Confinement System
(CCS) ford crossing will be contingent upon approval by fisheries agencies.
Ford crossings may degrade water quality due to contact with vehicles and equipment.
May be expensive for a temporary improvement.
Requires other BMPs to minimize soil disturbance during installation and removal.
Fords should only be used in dry weather.
Implementation
General
The purpose of this BMP is to provide a safe, erosion-free access across a stream for
construction equipment. Minimum standards and specifications for the design, construction,
maintenance, and removal of the structure should be established by an engineer registered in
California. Temporary stream crossings may be necessary to prevent construction equipment
from causing erosion of the stream and tracking sediment and other pollutants into the stream.
Temporary stream crossings are used as access points to construction sites when other detour
routes may be too long or burdensome for the construction equipment. Often heavy
construction equipment must cross streams or creeks, and detour routes may impose too many
constraints such as being too narrow or poor soil strength for the equipment loadings.
Additionally, the contractor may find a temporary stream crossing more economical for light–
duty vehicles to use for frequent crossings, and may have less environmental impact than
construction of a temporary access road.
Location of the temporary stream crossing should address:
Site selection where erosion potential is low.
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Areas where the side slopes from site runoff will not spill into the side slopes of the crossing.
The following types of temporary stream crossings should be considered:
Culverts – A temporary culvert is effective in controlling erosion but will cause erosion
during installation and removal. A temporary culvert can be easily constructed and allows
for heavy equipment loads.
Fords - Appropriate during the dry season in arid areas. Used on dry washes and
ephemeral streams, and low-flow perennial streams. CCS, a type of ford crossing, is also
appropriate for use in streams that would benefit from an influx of gravels. A temporary
ford provides little sediment and erosion control and is ineffective in controlling erosion in
the stream channel. A temporary ford is the least expensive stream crossing and allows for
maximum load limits. It also offers very low maintenance. Fords are more appropriate
during the dry ice season and in arid areas of California.
Bridges - Appropriate for streams with high flow velocities, steep gradients and where
temporary restrictions in the channel are not allowed.
Design
During the long summer construction season in much of California, rainfall is infrequent and
many streams are dry. Under these conditions, a temporary ford may be sufficient. A ford is not
appropriate if construction will continue through the winter rainy season, if summer
thunderstorms are likely, or if the stream flows during most of the year. Temporary culverts and
bridges should then be considered and, if used, should be sized to pass a significant design
storm (i.e., at least a 10-year storm). The temporary stream crossing should be protected
against erosion, both to prevent excessive sedimentation in the stream and to prevent washout
of the crossing.
Design and installation requires knowledge of stream flows and soil strength. Designs should be
prepared under direction of, and approved by, a registered civil engineer and for bridges, a
registered structural engineer. Both hydraulic and construction loading requirements should be
considered with the following:
Comply with any special requirements for culvert and bridge crossings, particularly if the
temporary stream crossing will remain through the rainy season.
Provide stability in the crossing and adjacent areas to withstand the design flow. The design
flow and safety factor should be selected based on careful evaluation of the risks due to over
topping, flow backups, or washout.
Install sediment traps immediately downstream of crossings to capture sediments. See SE-3,
Sediment Trap.
Avoid oil or other potentially hazardous materials for surface treatment.
Culverts are relatively easy to construct and able to support heavy equipment loads.
Fords are the least expensive of the crossings, with maximum load limits.
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CCS crossing structures consist of clean, washed gravel and cellular confinement system
blocks. CCS are appropriate for streams that would benefit from an influx of gravel; for
example, salmonid streams, streams or rivers below reservoirs, and urban, channelized
streams. Many urban stream systems are gravel-deprived due to human influences, such as
dams, gravel mines, and concrete channels.
CCS allow designers to use either angular or naturally occurring rounded gravel, because the
cells provide the necessary structure and stability. In fact, natural gravel is optimal for this
technique, because of the habitat improvement it will provide after removal of the CCS.
A gravel depth of 6 to 12 in. for a CCS structure is sufficient to support most construction
equipment.
An advantage of a CCS crossing structure is that relatively little rock or gravel is needed,
because the CCS provides the stability.
Bridges are generally more expensive to design and construct, but provide the least
disturbance of the streambed and constriction of the waterway flows.
Construction and Use
Stabilize construction roadways, adjacent work area, and stream bottom against erosion.
Construct during dry periods to minimize stream disturbance and reduce costs.
Construct at or near the natural elevation of the streambed to prevent potential flooding
upstream of the crossing.
Install temporary erosion control BMPs in accordance with erosion control BMP fact sheets
to minimize erosion of embankment into flow lines.
Any temporary artificial obstruction placed within flowing water should only be built from
material, such as clean gravel or sandbags, that will not introduce sediment or silt into the
watercourse.
Temporary water body crossings and encroachments should be constructed to minimize
scour. Cobbles used for temporary water body crossings or encroachments should be clean,
rounded river cobble.
Vehicles and equipment should not be driven, operated, fueled, cleaned, maintained, or
stored in the wet or dry portions of a water body where wetland vegetation, riparian
vegetation, or aquatic organisms may be destroyed.
The exterior of vehicles and equipment that will encroach on the water body within the
project should be maintained free of grease, oil, fuel, and residues.
Drip pans should be placed under all vehicles and equipment placed on docks, barges, or
other structures over water bodies when the vehicle or equipment is planned to be idle for
more than one hour.
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Disturbance or removal of vegetation should not exceed the minimum necessary to complete
operations. Precautions should be taken to avoid damage to vegetation by people or
equipment. Disturbed vegetation should be replaced with the appropriate soil stabilization
measures.
Riparian vegetation, when removed pursuant to the provisions of the work, should be cut off
no lower than ground level to promote rapid re-growth. Access roads and work areas built
over riparian vegetation should be covered by a sufficient layer of clean river run cobble to
prevent damage to the underlying soil and root structure. The cobble must be removed upon
completion of project activities.
Conceptual temporary stream crossings are shown in the attached figures.
Costs
Caltrans Construction Cost index for temporary bridge crossings is $45-$95/ft2.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Check for blockage in the channel, sediment buildup or trapped debris in culverts, blockage
behind fords or under bridges.
Check for erosion of abutments, channel scour, riprap displacement, or piping in the soil.
Check for structural weakening of the temporary crossings, such as cracks, and undermining
of foundations and abutments.
Remove sediment that collects behind fords, in culverts, and under bridges periodically.
Replace lost or displaced aggregate from inlets and outlets of culverts and cellular
confinement systems.
Remove temporary crossing promptly when it is no longer needed.
References
California Bank and Shore Rock Slope Protection Design – Practitioners Guide and Field
Evaluations of Riprap Methods, Caltrans Study No. F90TL03, October 2000.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
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Temporary Stream Crossing NS-4
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Clear Water Diversion NS-5
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Description and Purpose
Clear water diversion consists of a system of structures and
measures that intercept clear surface water runoff upstream of
a project, transport it around the work area, and discharge it
downstream with minimal water quality degradation from
either the project construction operations or the construction of
the diversion. Clear water diversions are used in a waterway to
enclose a construction area and reduce sediment pollution from
construction work occurring in or adjacent to water. Structures
commonly used as part of this system include diversion ditches,
berms, dikes, slope drains, rock, gravel bags, wood, aqua
barriers, cofferdams, filter fabric or turbidity curtains, drainage
and interceptor swales, pipes, or flumes.
Suitable Applications
A clear water diversion is typically implemented where
appropriate permits (1601 Agreement) have been secured and
work must be performed in a flowing stream or water body.
Clear water diversions are appropriate for isolating
construction activities occurring within or near a water
body such as streambank stabilization, or culvert, bridge,
pier or abutment installation. They may also be used in
combination with other methods, such as clear water
bypasses and/or pumps.
Pumped diversions are suitable for intermittent and low
flow streams.
Excavation of a temporary bypass channel, or passing the
flow through a heavy pipe (called a “flume”) with a trench
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
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Clear Water Diversion NS-5
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excavated under it, is appropriate for the diversion of streams less than 20 ft wide, with flow
rates less than 100 cfs.
Clear water diversions incorporating clean washed gravel may be appropriate for use in
salmonid spawning streams.
Limitations
Diversion and encroachment activities will usually disturb the waterway during installation
and removal of diversion structures.
Installation may require Regional Water Quality Control Board (RWQCB) 401 Certification,
U.S. Army Corps of Engineers 404 permit and approval by California Department of Fish
and Game. If numerical-based water quality standards are mentioned in any of these and
other related permits, testing and sampling may be required.
Diversion and encroachment activities may constrict the waterway, which can obstruct flood
flows and cause flooding or washouts. Diversion structures should not be installed without
identifying potential impacts to the stream channel.
Diversion or isolation activities are not appropriate in channels where there is insufficient
stream flow to support aquatic species in the area dewatered as a result of the diversion.
Diversion or isolation activities are inappropriate in deep water unless designed or reviewed
by an engineer registered in California.
Diversion or isolation activities should not completely dam stream flow.
Dewatering and removal may require additional sediment control or water treatment. See
NS-2, Dewatering Operations.
Not appropriate if installation, maintenance, and removal of the structures will disturb
sensitive aquatic species of concern.
Implementation
General
Implement guidelines presented in EC-12, Streambank Stabilization to minimize impacts to
streambanks.
Where working areas encroach on flowing streams, barriers adequate to prevent the flow of
muddy water into streams should be constructed and maintained between working areas
and streams. During construction of the barriers, muddying of streams should be held to a
minimum.
Diversion structures must be adequately designed to accommodate fluctuations in water
depth or flow volume due to tides, storms, flash floods, etc.
Heavy equipment driven in wet portions of a water body to accomplish work should be
completely clean of petroleum residue, and water levels should be below the fuel tanks,
gearboxes, and axles of the equipment unless lubricants and fuels are sealed such that
inundation by water will not result in discharges of fuels, oils, greases, or hydraulic fluids.
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Excavation equipment buckets may reach out into the water for the purpose of removing or
placing fill materials. Only the bucket of the crane/ excavator/backhoe may operate in a
water body. The main body of the crane/excavator/backhoe should not enter the water body
except as necessary to cross the stream to access the work site.
Stationary equipment such as motors and pumps located within or adjacent to a water body,
should be positioned over drip pans.
When any artificial obstruction is being constructed, maintained, or placed in operation,
sufficient water should, at all times, be allowed to pass downstream to maintain aquatic life.
Equipment should not be parked below the high water mark unless allowed by a permit.
Disturbance or removal of vegetation should not exceed the minimum necessary to complete
operations. Precautions should be taken to avoid damage to vegetation by people or
equipment. Disturbed vegetation should be replaced with the appropriate erosion control
measures.
Riparian vegetation approved for trimming as part of the project should be cut off no lower
than ground level to promote rapid re-growth. Access roads and work areas built over
riparian vegetation should be covered by a sufficient layer of clean river run cobble to
prevent damage to the underlying soil and root structure. The cobble should be removed
upon completion of project activities.
Drip pans should be placed under all vehicles and equipment placed on docks, barges, or
other structures over water bodies when the vehicle or equipment is planned to be idle for
more than 1 hour.
Where possible, avoid or minimize diversion and encroachment impacts by scheduling
construction during periods of low flow or when the stream is dry. Scheduling should also
consider seasonal releases of water from dams, fish migration and spawning seasons, and
water demands due to crop irrigation.
Construct diversion structures with materials free of potential pollutants such as soil, silt,
sand, clay, grease, or oil.
Temporary Diversions and Encroachments
Construct diversion channels in accordance with EC-9, Earth Dikes and Drainage Swales.
In high flow velocity areas, stabilize slopes of embankments and diversion ditches using an
appropriate liner, in accordance with EC-7, Geotextiles and Mats, or use rock slope
protection.
Where appropriate, use natural streambed materials such as large cobbles and boulders for
temporary embankment and slope protection, or other temporary soil stabilization methods.
Provide for velocity dissipation at transitions in the diversion, such as the point where the
stream is diverted to the channel and the point where the diverted stream is returned to its
natural channel. See also EC-10, Velocity Dissipation Devices.
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Temporary Dry Construction Areas
When dewatering behind temporary structures to create a temporary dry construction area,
such as cofferdams, pass pumped water through a sediment-settling device, such as a
portable tank or settling basin, before returning water to the water body. See also NS-2,
Dewatering Operations.
Any substance used to assemble or maintain diversion structures, such as form oil, should be
non-toxic and non-hazardous.
Any material used to minimize seepage underneath diversion structures, such as grout,
should be non-toxic, non-hazardous, and as close to a neutral pH as possible.
Comparison of Diversion and Isolation Techniques:
Gravel bags are relatively inexpensive, but installation and removal can be labor intensive.
It is also difficult to dewater the isolated area. Sandbags should not be used for this
technique in rivers or streams, as sand should never be put into or adjacent to a stream, even
if encapsulated in geotextile.
Gravel Bag Berms (SE-6) used in conjunction with an impermeable membrane are cost
effective, and can be dewatered relatively easily. If spawning gravel is used, the
impermeable membrane can be removed from the stream, and the gravel can be spread out
and left as salmonid spawning habitat if approved in the permit. Only clean, washed gravel
should be used for both the gravel bag and gravel berm techniques.
Cofferdams are relatively expensive, but frequently allow full dewatering. Also, many
options now available are relatively easy to install.
Sheet pile enclosures are a much more expensive solution, but do allow full dewatering. This
technique is not well suited to small streams, but can be effective on large rivers or lakes,
and where staging and heavy equipment access areas are available.
K-rails are an isolation method that does not allow full dewatering, but can be used in small
to large watercourses, and in fast-water situations.
A relatively inexpensive isolation method is filter fabric isolation. This method involves
placement of gravel bags or continuous berms to ‘key-in’ the fabric, and subsequently
staking the fabric in place. This method should be used in relatively calm water, and can be
used in smaller streams. Note that this is not a dewatering method, but rather a sediment
isolation method.
Turbidity curtains should be used where sediment discharge to a stream is unavoidable.
They can also be used for in-stream construction, when dewatering an area is not required.
When used in watercourses or streams, cofferdams must be used in accordance with permit
requirements.
Manufactured diversion structures should be installed following manufacturer’s
specifications.
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Filter fabric and turbidity curtain isolation installation methods can be found in the specific
technique descriptions that follow.
Filter Fabric Isolation Technique
Definition and Purpose
A filter fabric isolation structure is a temporary structure built into a waterway to enclose a
construction area and reduce sediment pollution from construction work in or adjacent to water.
This structure is composed of filter fabric, gravel bags, and steel t-posts.
Appropriate Applications
Filter fabric may be used for construction activities such as streambank stabilization, or
culvert, bridge, pier or abutment installation. It may also be used in combination with other
methods, such as clean water bypasses and/or pumps.
Filter fabric isolation is relatively inexpensive. This method involves placement of gravel
bags or continuous berms to ‘key-in’ the fabric, and subsequently staking the fabric in place.
If spawning gravel is used, all other components of the isolation can be removed from the
stream, and the gravel may be spread out and left as salmonid spawning habitat if approved
in the permit. Whether spawning gravel or other types of gravel are used, only clean washed
gravel should be used as infill for the gravel bags or continuous berm.
This method should be used in relatively calm water, and can be used in smaller streams.
This is not a dewatering method, but rather a sediment isolation method.
Water levels inside and outside the fabric curtain must be about the same, as differential
heads will cause the curtain to collapse.
Limitations
Do not use if the installation, maintenance and removal of the structures will disturb
sensitive aquatic species of concern.
Filter fabrics are not appropriate for projects where dewatering is necessary.
Filter fabrics are not appropriate to completely dam stream flow.
Design and Installation
For the filter fabric isolation method, a non-woven or heavy-duty fabric is recommended
over standard silt fence. Using rolled geotextiles allows non-standard widths to be used.
Anchor filter fabric with gravel bags filled with clean, washed gravel. Do not use sand. If a
bag should split open, the gravel can be left in the stream, where it can provide aquatic
habitat benefits. If a sandbag splits open in a watercourse, the sand could cause a decrease
in water quality, and could bury sensitive aquatic habitat.
Another anchor alternative is a continuous berm, made with the Continuous Berm Machine.
This is a gravel-filled bag that can be made in very long segments. The length of the berms is
usually limited to 18 ft for ease of handling (otherwise, it gets too heavy to move).
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Place the fabric on the bottom of the stream, and place either a bag of clean, washed gravel
or a continuous berm over the bottom of the silt fence fabric, such that a bag-width of fabric
lies on the stream bottom. The bag should be placed on what will be the outside of the
isolation area.
Pull the fabric up, and place a metal t-post immediately behind the fabric, on the inside of
the isolation area; attach the silt fence to the post with three diagonal nylon ties.
Continue placing fabric as described above until the entire work area has been isolated,
staking the fabric at least every 6 ft.
Inspection and Maintenance
Immediately repair any gaps, holes or scour.
Remove and properly dispose of sediment buildup.
Remove BMP upon completion of construction activity. Recycle or reuse if applicable.
Revegetate areas disturbed by BMP removal if needed.
Turbidity Curtain Isolation Technique
Definition and Purpose
A turbidity curtain is a fabric barrier used to isolate the near shore work area. The barriers are
intended to confine the suspended sediment. The curtain is a floating barrier, and thus does not
prevent water from entering the isolated area; rather, it prevents suspended sediment from
getting out.
Appropriate Applications
Turbidity curtains should be used where sediment discharge to a stream is unavoidable. They
are used when construction activities adjoin quiescent waters, such as lakes, ponds, and slow
flowing rivers. The curtains are designed to deflect and contain sediment within a limited area
and provide sufficient retention time so that the sediment particles will fall out of suspension.
Limitations
Turbidity curtains should not be used in flowing water; they are best suited for use in ponds,
lakes, and very slow-moving rivers.
Turbidity curtains should not be placed across the width of a channel.
Removing sediment that has been deflected and settled out by the curtain may create a
discharge problem through the resuspension of particles and by accidental dumping by the
removal equipment.
Design and Installation
Turbidity curtains should be oriented parallel to the direction of flow.
The curtain should extend the entire depth of the watercourse in calm-water situations.
In wave conditions, the curtain should extend to within 1 ft of the bottom of the watercourse,
such that the curtain does not stir up sediment by hitting the bottom repeatedly. If it is
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desirable for the curtain to reach the bottom in an active-water situation, a pervious filter
fabric may be used for the bottom 1 ft.
The top of the curtain should consist of flexible flotation buoys, and the bottom should be
held down by a load line incorporated into the curtain fabric. The fabric should be a brightly
colored impervious mesh.
The curtain should be held in place by anchors placed at least every 100 ft.
First, place the anchors, then tow the fabric out in a furled condition, and connect to the
anchors. The anchors should be connected to the flotation devices, and not to the bottom of
the curtain. Once in place, cut the furling lines, and allow the bottom of the curtain to sink.
Consideration must be given to the probable outcome of the removal procedure. It must be
determined if it will create more of a sediment problem through re-suspension of the
particles or by accidental dumping of material during removal. It is recommended that the
soil particles trapped by the turbidity curtain only be removed if there has been a significant
change in the original contours of the affected area in the watercourse.
Particles should always be allowed to settle for a minimum of 6 to 12 hours prior to their
removal or prior to removal of the turbidity curtain.
Maintenance and Inspection:
The curtain should be inspected for holes or other problems, and any repairs needed should
be made promptly.
Allow sediment to settle for 6 to 12 hours prior to removal of sediment or curtain. This
means that after removing sediment, wait an additional 6 to 12 hours before removing the
curtain.
To remove, install furling lines along the curtain, detach from anchors, and tow out of the
water.
K-rail River Isolation
Definition and Purpose
This temporary sediment control or stream isolation method uses K-rails to form the sediment
deposition area, or to isolate the in-stream or near-bank construction area.
Barriers are placed end-to-end in a pre-designed configuration and gravel-filled bags are used at
the toe of the barrier and at their abutting ends to seal and prevent movement of sediment
beneath or through the barrier walls.
Appropriate Applications
The K-rail isolation can be used in streams with higher water velocities than many other
isolation techniques.
This technique is also useful at the toe of embankments, and cut or fill slopes.
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Limitations
The K-rail method should not be used to dewater a project site, as the barrier is not
watertight.
Design and Installation
To create a floor for the K-rail, move large rocks and obstructions. Place washed gravel and
gravel-filled bags to create a level surface for K-rails to sit. Washed gravel should always be
used.
Place the bottom two K-rails adjacent to each other, and parallel to the direction of flow; fill
the center portion with gravel bags. Then place the third K-rail on top of the bottom two.
There should be sufficient gravel bags between the bottom K-rails such that the top rail is
supported by the gravel. Place plastic sheeting around the K-rails, and secure at the bottom
with gravel bags.
Further support can be added by pinning and cabling the K-rails together. Also, large riprap
and boulders can be used to support either side of the K-rail, especially where there is strong
current.
Inspection and Maintenance:
The barrier should be inspected and any leaks, holes, or other problems should be addressed
immediately.
Sediment should be allowed to settle for at least 6 to 12 hours prior to removal of sediment,
and for 6 to 12 hours prior to removal of the barrier.
Stream Diversions
The selection of which stream diversion technique to use will depend upon the type of work
involved, physical characteristics of the site, and the volume of water flowing through the
project.
Advantages of a Pumped Diversion
Downstream sediment transport can be nearly eliminated.
Dewatering of the work area is possible.
Pipes can be moved around to allow construction operations.
The dams can serve as temporary access to the site.
Increased flows can be managed by adding more pumping capacity.
Disadvantages of a Pumped Diversion
Flow volume is limited by pump capacity.
A pumped diversion requires 24 hour monitoring of pumps.
Sudden rain could overtop dams.
Erosion at the outlet.
Clear Water Diversion NS-5
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Minor in-stream disturbance is required to install and remove dams.
Advantages of Excavated Channels and Flumes
Excavated channels isolate work from water flow and allow dewatering.
Excavated channels can handle larger flows than pumps.
Disadvantages of Excavated Channels and Flumes
Bypass channel or flume must be sized to handle flows, including possible floods.
Channels must be protected from erosion.
Flow diversion and re-direction with small dams involves in-stream disturbance and
mobilization of sediment.
Design and Installation
Installation guidelines will vary based on existing site conditions and type of diversion used.
Pump capacity must be sufficient for design flow.
A standby pump is required in case a primary pump fails.
Dam materials used to create dams upstream and downstream of diversion should be
erosion resistant; materials such as steel plate, sheet pile, sandbags, continuous berms,
inflatable water bladders, etc., would be acceptable.
When constructing a diversion channel, begin excavation of the channel at the proposed
downstream end, and work upstream. Once the watercourse to be diverted is reached and the
excavated channel is stable, breach the upstream end and allow water to flow down the new
channel. Once flow has been established in the diversion channel, install the diversion weir in
the main channel; this will force all water to be diverted from the main channel.
Inspection and Maintenance
Pumped diversions require 24 hour monitoring of pumps.
Inspect embankments and diversion channels for damage to the linings, accumulating
debris, sediment buildup, and adequacy of the slope protection. Remove debris and repair
linings and slope protection as required. Remove holes, gaps, or scour.
Upon completion of work, the diversion or isolation structure should be removed and flow
should be redirected through the new culvert or back into the original stream channel.
Recycle or reuse if applicable.
Revegetate areas disturbed by BMP removal if needed.
Costs
Costs of clear water diversion vary considerably and can be very high.
Clear Water Diversion NS-5
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Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Refer to BMP-specific inspection and maintenance requirements.
References
California Bank and Shore Rock Slope Protection Design – Practitioners Guide and Field
Evaluations of Riprap Methods, Caltrans Study No. F90TL03, October, 2000.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Illicit Connection/Discharge NS-6
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Description and Purpose
Procedures and practices designed for construction contractors
to recognize illicit connections or illegally dumped or
discharged materials on a construction site and report
incidents.
Suitable Applications
This best management practice (BMP) applies to all
construction projects. Illicit connection/discharge and
reporting is applicable anytime an illicit connection or
discharge is discovered or illegally dumped material is found on
the construction site.
Limitations
Illicit connections and illegal discharges or dumping, for the
purposes of this BMP, refer to discharges and dumping caused
by parties other than the contractor. If pre-existing hazardous
materials or wastes are known to exist onsite, they should be
identified in the SWPPP and handled as set forth in the SWPPP.
Implementation
Planning
Review the SWPPP. Pre-existing areas of contamination
should be identified and documented in the SWPPP.
Inspect site before beginning the job for evidence of illicit
connections, illegal dumping or discharges. Document any
pre-existing conditions and notify the owner.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Illicit Connection/Discharge NS-6
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Inspect site regularly during project execution for evidence of illicit connections, illegal
dumping or discharges.
Observe site perimeter for evidence for potential of illicitly discharged or illegally dumped
material, which may enter the job site.
Identification of Illicit Connections and Illegal Dumping or Discharges
General – unlabeled and unidentifiable material should be treated as hazardous.
Solids - Look for debris, or rubbish piles. Solid waste dumping often occurs on roadways
with light traffic loads or in areas not easily visible from the traveled way.
Liquids - signs of illegal liquid dumping or discharge can include:
Visible signs of staining or unusual colors to the pavement or surrounding adjacent
soils
Pungent odors coming from the drainage systems
Discoloration or oily substances in the water or stains and residues detained within
ditches, channels or drain boxes
Abnormal water flow during the dry weather season
Urban Areas - Evidence of illicit connections or illegal discharges is typically detected at
storm drain outfall locations or at manholes. Signs of an illicit connection or illegal
discharge can include:
Abnormal water flow during the dry weather season
Unusual flows in sub drain systems used for dewatering
Pungent odors coming from the drainage systems
Discoloration or oily substances in the water or stains and residues detained within
ditches, channels or drain boxes
Excessive sediment deposits, particularly adjacent to or near active offsite construction
projects
Rural Areas - Illicit connections or illegal discharges involving irrigation drainage ditches
are detected by visual inspections. Signs of an illicit discharge can include:
Abnormal water flow during the non-irrigation season
Non-standard junction structures
Broken concrete or other disturbances at or near junction structures
Reporting
Notify the owner of any illicit connections and illegal dumping or discharge incidents at the time
of discovery. For illicit connections or discharges to the storm drain system, notify the local
stormwater management agency. For illegal dumping, notify the local law enforcement agency.
Cleanup and Removal
The responsibility for cleanup and removal of illicit or illegal dumping or discharges will vary by
location. Contact the local stormwater management agency for further information.
Illicit Connection/Discharge NS-6
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Costs
Costs to look for and report illicit connections and illegal discharges and dumping are low. The
best way to avoid costs associated with illicit connections and illegal discharges and dumping is
to keep the project perimeters secure to prevent access to the site, to observe the site for vehicles
that should not be there, and to document any waste or hazardous materials that exist onsite
before taking possession of the site.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect the site regularly to check for any illegal dumping or discharge.
Prohibit employees and subcontractors from disposing of non-job related debris or materials
at the construction site.
Notify the owner of any illicit connections and illegal dumping or discharge incidents at the
time of discovery.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Potable Water/Irrigation NS-7
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Construction
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Description and Purpose
Potable Water/Irrigation consists of practices and procedures
to manage the discharge of potential pollutants generated
during discharges from irrigation water lines, landscape
irrigation, lawn or garden watering, planned and unplanned
discharges from potable water sources, water line flushing, and
hydrant flushing.
Suitable Applications
Implement this BMP whenever potable water or irrigation
water discharges occur at or enter a construction site.
Limitations
None identified.
Implementation
Direct water from offsite sources around or through a
construction site, where feasible, in a way that minimizes
contact with the construction site.
Discharges from water line flushing should be reused for
landscaping purposes where feasible.
Shut off the water source to broken lines, sprinklers, or
valves as soon as possible to prevent excess water flow.
Protect downstream stormwater drainage systems and
watercourses from water pumped or bailed from trenches
excavated to repair water lines.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Potable Water/Irrigation NS-7
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Inspect irrigated areas within the construction limits for excess watering. Adjust watering
times and schedules to ensure that the appropriate amount of water is being used and to
minimize runoff. Consider factors such as soil structure, grade, time of year, and type of
plant material in determining the proper amounts of water for a specific area.
Costs
Cost to manage potable water and irrigation are low and generally considered to be a normal
part of related activities.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events..
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Repair broken water lines as soon as possible.
Inspect irrigated areas regularly for signs of erosion and/or discharge.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Vehicle and Equipment Cleaning NS-8
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Description and Purpose
Vehicle and equipment cleaning procedures and practices
eliminate or reduce the discharge of pollutants to stormwater
from vehicle and equipment cleaning operations. Procedures
and practices include but are not limited to: using offsite
facilities; washing in designated, contained areas only;
eliminating discharges to the storm drain by infiltrating the
wash water; and training employees and subcontractors in
proper cleaning procedures.
Suitable Applications
These procedures are suitable on all construction sites where
vehicle and equipment cleaning is performed.
Limitations
Even phosphate-free, biodegradable soaps have been shown to
be toxic to fish before the soap degrades. Sending
vehicles/equipment offsite should be done in conjunction with
TC-1, Stabilized Construction Entrance/Exit.
Implementation
Other options to washing equipment onsite include contracting
with either an offsite or mobile commercial washing business.
These businesses may be better equipped to handle and dispose
of the wash waters properly. Performing this work offsite can
also be economical by eliminating the need for a separate
washing operation onsite.
If washing operations are to take place onsite, then:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Vehicle and Equipment Cleaning NS-8
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Use phosphate-free, biodegradable soaps.
Educate employees and subcontractors on pollution prevention measures.
Do not permit steam cleaning onsite. Steam cleaning can generate significant pollutant
concentrates.
Cleaning of vehicles and equipment with soap, solvents or steam should not occur on the
project site unless resulting wastes are fully contained and disposed of. Resulting wastes
should not be discharged or buried, and must be captured and recycled or disposed
according to the requirements of WM-10, Liquid Waste Management or WM-6, Hazardous
Waste Management, depending on the waste characteristics. Minimize use of solvents. Use
of diesel for vehicle and equipment cleaning is prohibited.
All vehicles and equipment that regularly enter and leave the construction site must be
cleaned offsite.
When vehicle and equipment washing and cleaning must occur onsite, and the operation
cannot be located within a structure or building equipped with appropriate disposal
facilities, the outside cleaning area should have the following characteristics:
Located away from storm drain inlets, drainage facilities, or watercourses
Paved with concrete or asphalt and bermed to contain wash waters and to prevent runon
and runoff
Configured with a sump to allow collection and disposal of wash water
No discharge of wash waters to storm drains or watercourses
Used only when necessary
When cleaning vehicles and equipment with water:
Use as little water as possible. High-pressure sprayers may use less water than a hose
and should be considered
Use positive shutoff valve to minimize water usage
Facility wash racks should discharge to a sanitary sewer, recycle system or other
approved discharge system and must not discharge to the storm drainage system,
watercourses, or to groundwater
Costs
Cleaning vehicles and equipment at an offsite facility may reduce overall costs for vehicle and
equipment cleaning by eliminating the need to provide similar services onsite. When onsite
cleaning is needed, the cost to establish appropriate facilities is relatively low on larger, long-
duration projects, and moderate to high on small, short-duration projects.
Vehicle and Equipment Cleaning NS-8
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Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Inspection and maintenance is minimal, although some berm repair may be necessary.
Monitor employees and subcontractors throughout the duration of the construction project
to ensure appropriate practices are being implemented.
Inspect sump regularly and remove liquids and sediment as needed.
Prohibit employees and subcontractors from washing personal vehicles and equipment on
the construction site.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Swisher, R.D. Surfactant Biodegradation, Marcel Decker Corporation, 1987.
Vehicle and Equipment Fueling NS-9
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Description and Purpose
Vehicle equipment fueling procedures and practices are
designed to prevent fuel spills and leaks, and reduce or
eliminate contamination of stormwater. This can be
accomplished by using offsite facilities, fueling in designated
areas only, enclosing or covering stored fuel, implementing spill
controls, and training employees and subcontractors in proper
fueling procedures.
Suitable Applications
These procedures are suitable on all construction sites where
vehicle and equipment fueling takes place.
Limitations
Onsite vehicle and equipment fueling should only be used
where it is impractical to send vehicles and equipment offsite
for fueling. Sending vehicles and equipment offsite should be
done in conjunction with TC-1, Stabilized Construction
Entrance/ Exit.
Implementation
Use offsite fueling stations as much as possible. These
businesses are better equipped to handle fuel and spills
properly. Performing this work offsite can also be
economical by eliminating the need for a separate fueling
area at a site.
Discourage “topping-off” of fuel tanks.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Vehicle and Equipment Fueling NS-9
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Absorbent spill cleanup materials and spill kits should be available in fueling areas and on
fueling trucks, and should be disposed of properly after use.
Drip pans or absorbent pads should be used during vehicle and equipment fueling, unless
the fueling is performed over an impermeable surface in a dedicated fueling area.
Use absorbent materials on small spills. Do not hose down or bury the spill. Remove the
adsorbent materials promptly and dispose of properly.
Avoid mobile fueling of mobile construction equipment around the site; rather, transport the
equipment to designated fueling areas. With the exception of tracked equipment such as
bulldozers and large excavators, most vehicles should be able to travel to a designated area
with little lost time.
Train employees and subcontractors in proper fueling and cleanup procedures.
When fueling must take place onsite, designate an area away from drainage courses to be
used. Fueling areas should be identified in the SWPPP.
Dedicated fueling areas should be protected from stormwater runon and runoff, and should
be located at least 50 ft away from downstream drainage facilities and watercourses. Fueling
must be performed on level-grade areas.
Protect fueling areas with berms and dikes to prevent runon, runoff, and to contain spills.
Nozzles used in vehicle and equipment fueling should be equipped with an automatic shutoff
to control drips. Fueling operations should not be left unattended.
Use vapor recovery nozzles to help control drips as well as air pollution where required by
Air Quality Management Districts (AQMD).
Federal, state, and local requirements should be observed for any stationary above ground
storage tanks.
Costs
All of the above measures are low cost except for the capital costs of above ground tanks that
meet all local environmental, zoning, and fire codes.
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Vehicles and equipment should be inspected each day of use for leaks. Leaks should be
repaired immediately or problem vehicles or equipment should be removed from the project
site.
Keep ample supplies of spill cleanup materials onsite.
Vehicle and Equipment Fueling NS-9
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Immediately clean up spills and properly dispose of contaminated soil and cleanup
materials.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance,
Working Group Working Paper; USEPA, April 1992.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Vehicle & Equipment Maintenance NS-10
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Description and Purpose
Prevent or reduce the contamination of stormwater resulting
from vehicle and equipment maintenance by running a “dry
and clean site”. The best option would be to perform
maintenance activities at an offsite facility. If this option is not
available then work should be performed in designated areas
only, while providing cover for materials stored outside,
checking for leaks and spills, and containing and cleaning up
spills immediately. Employees and subcontractors must be
trained in proper procedures.
Suitable Applications
These procedures are suitable on all construction projects
where an onsite yard area is necessary for storage and
maintenance of heavy equipment and vehicles.
Limitations
Onsite vehicle and equipment maintenance should only be used
where it is impractical to send vehicles and equipment offsite
for maintenance and repair. Sending vehicles/equipment
offsite should be done in conjunction with TC-1, Stabilized
Construction Entrance/Exit.
Outdoor vehicle or equipment maintenance is a potentially
significant source of stormwater pollution. Activities that can
contaminate stormwater include engine repair and service,
changing or replacement of fluids, and outdoor equipment
storage and parking (engine fluid leaks). For further
information on vehicle or equipment servicing, see NS-8,
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Vehicle & Equipment Maintenance NS-10
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Vehicle and Equipment Cleaning, and NS-9, Vehicle and Equipment Fueling.
Implementation
Use offsite repair shops as much as possible. These businesses are better equipped to handle
vehicle fluids and spills properly. Performing this work offsite can also be economical by
eliminating the need for a separate maintenance area.
If maintenance must occur onsite, use designated areas, located away from drainage courses.
Dedicated maintenance areas should be protected from stormwater runon and runoff, and
should be located at least 50 ft from downstream drainage facilities and watercourses.
Drip pans or absorbent pads should be used during vehicle and equipment maintenance
work that involves fluids, unless the maintenance work is performed over an impermeable
surface in a dedicated maintenance area.
Place a stockpile of spill cleanup materials where it will be readily accessible.
All fueling trucks and fueling areas are required to have spill kits and/or use other spill
protection devices.
Use adsorbent materials on small spills. Remove the absorbent materials promptly and
dispose of properly.
Inspect onsite vehicles and equipment daily at startup for leaks, and repair immediately.
Keep vehicles and equipment clean; do not allow excessive build-up of oil and grease.
Segregate and recycle wastes, such as greases, used oil or oil filters, antifreeze, cleaning
solutions, automotive batteries, hydraulic and transmission fluids. Provide secondary
containment and covers for these materials if stored onsite.
Train employees and subcontractors in proper maintenance and spill cleanup procedures.
Drip pans or plastic sheeting should be placed under all vehicles and equipment placed on
docks, barges, or other structures over water bodies when the vehicle or equipment is
planned to be idle for more than 1 hour.
For long-term projects, consider using portable tents or covers over maintenance areas if
maintenance cannot be performed offsite.
Consider use of new, alternative greases and lubricants, such as adhesive greases, for chassis
lubrication and fifth-wheel lubrication.
Properly dispose of used oils, fluids, lubricants, and spill cleanup materials.
Do not place used oil in a dumpster or pour into a storm drain or watercourse.
Properly dispose of or recycle used batteries.
Do not bury used tires.
Vehicle & Equipment Maintenance NS-10
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Repair leaks of fluids and oil immediately.
Listed below is further information if you must perform vehicle or equipment maintenance
onsite.
Safer Alternative Products
Consider products that are less toxic or hazardous than regular products. These products
are often sold under an “environmentally friendly” label.
Consider use of grease substitutes for lubrication of truck fifth-wheels. Follow
manufacturers label for details on specific uses.
Consider use of plastic friction plates on truck fifth-wheels in lieu of grease. Follow
manufacturers label for details on specific uses.
Waste Reduction
Parts are often cleaned using solvents such as trichloroethylene, trichloroethane, or methylene
chloride. Many of these cleaners are listed in California Toxic Rule as priority pollutants. These
materials are harmful and must not contaminate stormwater. They must be disposed of as a
hazardous waste. Reducing the number of solvents makes recycling easier and reduces
hazardous waste management costs. Often, one solvent can perform a job as well as two
different solvents. Also, if possible, eliminate or reduce the amount of hazardous materials and
waste by substituting non-hazardous or less hazardous materials. For example, replace
chlorinated organic solvents with non-chlorinated solvents. Non-chlorinated solvents like
kerosene or mineral spirits are less toxic and less expensive to dispose of properly. Check the
list of active ingredients to see whether it contains chlorinated solvents. The “chlor” term
indicates that the solvent is chlorinated. Also, try substituting a wire brush for solvents to clean
parts.
Recycling and Disposal
Separating wastes allows for easier recycling and may reduce disposal costs. Keep hazardous
wastes separate, do not mix used oil solvents, and keep chlorinated solvents (like,-
trichloroethane) separate from non-chlorinated solvents (like kerosene and mineral spirits).
Promptly transfer used fluids to the proper waste or recycling drums. Don’t leave full drip pans
or other open containers lying around. Provide cover and secondary containment until these
materials can be removed from the site.
Oil filters can be recycled. Ask your oil supplier or recycler about recycling oil filters.
Do not dispose of extra paints and coatings by dumping liquid onto the ground or throwing it
into dumpsters. Allow coatings to dry or harden before disposal into covered dumpsters.
Store cracked batteries in a non-leaking secondary container. Do this with all cracked batteries,
even if you think all the acid has drained out. If you drop a battery, treat it as if it is cracked.
Put it into the containment area until you are sure it is not leaking.
Costs
All of the above are low cost measures. Higher costs are incurred to setup and maintain onsite
maintenance areas.
Vehicle & Equipment Maintenance NS-10
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Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Keep ample supplies of spill cleanup materials onsite.
Maintain waste fluid containers in leak proof condition.
Vehicles and equipment should be inspected on each day of use. Leaks should be repaired
immediately or the problem vehicle(s) or equipment should be removed from the project
site.
Inspect equipment for damaged hoses and leaky gaskets routinely. Repair or replace as
needed.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program; Program Development and Approval Guidance,
Working Group, Working Paper; USEPA, April 1992.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Pile Driving Operations NS-11
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Description and Purpose
The construction and retrofit of bridges and retaining walls
often include driving piles for foundation support and shoring
operations. Driven piles are typically constructed of precast
concrete, steel, or timber. Driven sheet piles are also used for
shoring and cofferdam construction. Proper control and use of
equipment, materials, and waste products from pile driving
operations will reduce or eliminate the discharge of potential
pollutants to the storm drain system, watercourses, and waters
of the United States.
Suitable Applications
These procedures apply to all construction sites near or
adjacent to a watercourse or groundwater where permanent
and temporary pile driving (impact and vibratory) takes place,
including operations using pile shells as well as construction of
cast-in-steel-shell and cast-in-drilled-hole piles.
Limitations
None identified.
Implementation
Use drip pans or absorbent pads during vehicle and
equipment operation, maintenance, cleaning, fueling, and
storage. Refer to NS-8, Vehicle and Equipment Cleaning,
NS-9, Vehicle and Equipment Fueling, and NS-10, Vehicle
and Equipment Maintenance.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Pile Driving Operations NS-11
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Have spill kits and cleanup materials available at all locations of pile driving. Refer to WM-
4, Spill Prevention and Control.
Equipment that is stored or in use in streambeds, or on docks, barges, or other structures
over water bodies should be kept leak free.
Park equipment over plastic sheeting or equivalent where possible. Plastic is not a substitute
for drip pans or absorbent pads. The storage or use of equipment in streambeds or other
bodies of water must comply with all applicable permits.
Implement other BMPs as applicable, such as NS-2, Dewatering Operations, WM-5, Solid
Waste Management, WM-6, Hazardous Waste Management, and WM-10, Liquid Waste
Management.
When not in use, store pile-driving equipment away from concentrated flows of stormwater,
drainage courses, and inlets. Protect hammers and other hydraulic attachments from runon
and runoff by placing them on plywood and covering them with plastic or a comparable
material prior to the onset of rain.
Use less hazardous products, e.g., vegetable oil, when practicable.
Costs
All of the above measures can be low cost.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Inspect equipment every day at startup and repair equipment as needed (i.e., worn or
damaged hoses, fittings, and gaskets). Recheck equipment at shift changes or at the end of
the day and scheduled repairs as needed.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Concrete Curing NS-12
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Description and Purpose
Concrete curing is used in the construction of structures such as
bridges, retaining walls, pump houses, large slabs, and
structured foundations. Concrete curing includes the use of
both chemical and water methods.
Concrete and its associated curing materials have basic
chemical properties that can raise the pH of water to levels
outside of the permitted range. Discharges of stormwater and
non-stormwater exposed to concrete during curing may have a
high pH and may contain chemicals, metals, and fines. The
General Permit incorporates Numeric Action Levels (NAL) for
pH (see Section 2 of this handbook to determine your project’s
risk level and if you are subject to these requirements).
Proper procedures and care should be taken when managing
concrete curing materials to prevent them from coming into
contact with stormwater flows, which could result in a high pH
discharge.
Suitable Applications
Suitable applications include all projects where Portland
Cement Concrete (PCC) and concrete curing chemicals are
placed where they can be exposed to rainfall, runoff from other
areas, or where runoff from the PCC will leave the site.
Limitations
Runoff contact with concrete waste can raise pH levels in
the water to environmentally harmful levels and trigger
permit violations.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Concrete Curing NS-12
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Implementation
Chemical Curing
Avoid over spray of curing compounds.
Minimize the drift by applying the curing compound close to the concrete surface. Apply an
amount of compound that covers the surface, but does not allow any runoff of the
compound.
Use proper storage and handling techniques for concrete curing compounds. Refer to WM-
1, Material Delivery and Storage.
Protect drain inlets prior to the application of curing compounds.
Refer to WM-4, Spill Prevention and Control.
Water Curing for Bridge Decks, Retaining Walls, and other Structures
Direct cure water away from inlets and watercourses to collection areas for evaporation or
other means of removal in accordance with all applicable permits. See WM-8 Concrete
Waste Management.
Collect cure water at the top of slopes and transport to a concrete waste management area in
a non-erosive manner. See EC-9 Earth Dikes and Drainage Swales, EC-10, Velocity
Dissipation Devices, and EC-11, Slope Drains.
Utilize wet blankets or a similar method that maintains moisture while minimizing the use
and possible discharge of water.
Education
Educate employees, subcontractors, and suppliers on proper concrete curing techniques to
prevent contact with discharge as described herein.
Arrange for the QSP or the appropriately trained contractor’s superintendent or
representative to oversee and enforce concrete curing procedures.
Costs
All of the above measures are generally low cost.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Concrete Curing NS-12
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Sample non-stormwater discharges and stormwater runoff that contacts uncured and
partially cured concrete as required by the General Permit.
Ensure that employees and subcontractors implement appropriate measures for storage,
handling, and use of curing compounds.
Inspect cure containers and spraying equipment for leaks.
References
Blue Print for a Clean Bay-Construction-Related Industries: Best Management Practices for
Stormwater Pollution Prevention; Santa Clara Valley Non Point Source Pollution Control
Program, 1992.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Concrete Finishing NS-13
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Description and Purpose
Concrete finishing methods are used for bridge deck
rehabilitation, paint removal, curing compound removal, and
final surface finish appearances. Methods include sand
blasting, shot blasting, grinding, or high pressure water
blasting. Stormwater and non-stormwater exposed to concrete
finishing by-products may have a high pH and may contain
chemicals, metals, and fines. Proper procedures and
implementation of appropriate BMPs can minimize the impact
that concrete-finishing methods may have on stormwater and
non-stormwater discharges.
The General Permit incorporates Numeric Action Levels (NAL)
for pH (see Section 2 of this handbook to determine your
project’s risk level and if you are subject to these requirements).
Concrete and its associated curing materials have basic
chemical properties that can raise pH levels outside of the
permitted range. Additional care should be taken when
managing these materials to prevent them from coming into
contact with stormwater flows, which could lead to exceedances
of the General Permit requirements.
Suitable Applications
These procedures apply to all construction locations where
concrete finishing operations are performed.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Concrete Finishing NS-13
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Limitations
Runoff contact with concrete waste can raise pH levels in the water to environmentally
harmful levels and trigger permit violations.
Implementation
Collect and properly dispose of water from high-pressure water blasting operations.
Collect contaminated water from blasting operations at the top of slopes. Transport or
dispose of contaminated water while using BMPs such as those for erosion control. Refer to
EC-9, Earth Dikes and Drainage Swales, EC-10, Velocity Dissipation Devices, and EC-11,
Slope Drains.
Direct water from blasting operations away from inlets and watercourses to collection areas
for infiltration or other means of removal (dewatering). Refer to NS-2 Dewatering
Operations.
Protect inlets during sandblasting operations. Refer to SE-10, Storm Drain Inlet Protection.
Refer to WM-8, Concrete Waste Management for disposal of concrete debris.
Minimize the drift of dust and blast material as much as possible by keeping the blasting
nozzle close to the surface.
When blast residue contains a potentially hazardous waste, refer to WM-6, Hazardous Waste
Management.
Education
Educate employees, subcontractors, and suppliers on proper concrete finishing techniques
to prevent contact with discharge as described herein.
Arrange for the QSP or the appropriately trained contractor’s superintendent or
representative to oversee and enforce concrete finishing procedures.
Costs
These measures are generally of low cost.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges
occur.
Sample non-stormwater discharges and stormwater runoff that contacts concrete dust and
debris as required by the General Permit.
Concrete Finishing NS-13
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Sweep or vacuum up debris from sandblasting at the end of each shift.
At the end of each work shift, remove and contain liquid and solid waste from containment
structures, if any, and from the general work area.
Inspect containment structures for damage prior to use and prior to onset of forecasted rain.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Material Over Water NS-14
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Description and Purpose
Procedures for the proper use, storage, and disposal of
materials and equipment on barges, boats, temporary
construction pads, or similar locations that minimize or
eliminate the discharge of potential pollutants to a watercourse.
Suitable Applications
Applies where materials and equipment are used on barges,
boats, docks, and other platforms over or adjacent to a
watercourse including waters of the United States. These
procedures should be implemented for construction materials
and wastes (solid and liquid), soil or dredging materials, or any
other materials that may cause or contribute to exceedances of
water quality standards.
Limitations
Dredge and fill activities are regulated by the US Army Corps of
Engineers and Regional Boards under Section 404/401 of the
Clean Water Act.
Implementation
Refer to WM-1, Material Delivery and Storage and WM-4,
Spill Prevention and Control.
Use drip pans and absorbent materials for equipment and
vehicles and ensure that an adequate supply of spill clean
up materials is available.
Drip pans should be placed under all vehicles and
equipment placed on docks, barges, or other structures over
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Material Over Water NS-14
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water bodies when the vehicle or equipment is expected to be idle for more than 1 hour.
Maintain equipment in accordance with NS-10, Vehicle and Equipment Maintenance. If a
leaking line cannot be repaired, remove equipment from over the water.
Provide watertight curbs or toe boards to contain spills and prevent materials, tools, and
debris from leaving the barge, platform, dock, etc.
Secure all materials to prevent discharges to receiving waters via wind.
Identify types of spill control measures to be employed, including the storage of such
materials and equipment. Ensure that staff is trained regarding the use of the materials,
deployment and access of control measures, and reporting measures.
In case of spills, contact the local Regional Board as soon as possible but within 48 hours.
Refer to WM-5, Solid Waste Management (non-hazardous) and WM-6, Hazardous Waste
Management. Ensure the timely and proper removal of accumulated wastes
Comply with all necessary permits required for construction within or near the watercourse,
such as Regional Water Quality Control Board, U.S. Army Corps of Engineers, Department
of Fish and Game or and other local permitting.
Discharges to waterways should be reported to the Regional Water Quality Control Board
immediately upon discovery. A written discharge notification must follow within 7 days.
Follow the spill reporting procedures contained in SWPPP.
Costs
These measures are generally of low to moderate cost. Exceptions are areas for temporary
storage of materials, engine fluids, or wastewater pump out.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Ensure that employees and subcontractors implement the appropriate measures for storage
and use of materials and equipment.
Inspect and maintain all associated BMPs and perimeter controls to ensure continuous
protection of the water courses, including waters of the United States.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Material Over Water NS-14
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Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Demolition Adjacent to Water NS-15
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Description and Purpose
Procedures to protect water bodies from debris and wastes
associated with structure demolition or removal over or
adjacent to watercourses.
Suitable Applications
Full bridge demolition and removal, partial bridge removal
(barrier rail, edge of deck) associated with bridge widening
projects, concrete channel removal, or any other structure
removal that could potentially affect water quality.
Limitations
None identified.
Implementation
Refer to NS-5, Clear Water Diversion, to direct water away
from work areas.
Use attachments on construction equipment such as
backhoes to catch debris from small demolition operations.
Use covers or platforms to collect debris.
Platforms and covers are to be approved by the owner.
Stockpile accumulated debris and waste generated during
demolition away from watercourses and in accordance with
WM-3, Stockpile Management.
Ensure safe passage of wildlife, as necessary.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Demolition Adjacent to Water NS-15
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Discharges to waterways shall be reported to the Regional Water Quality Control Board
immediately upon discovery. A written discharge notification must follow within 7 days.
Follow the spill reporting procedures in the SWPPP.
For structures containing hazardous materials, i.e., lead paint or asbestos, refer to BMP
WM-6, Hazardous Waste Management. For demolition work involving soil excavation
around lead-painted structures, refer to WM-7, Contaminated Soil Management.
Costs
Cost may vary according to the combination of practices implemented.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Any debris-catching devices shall be emptied regularly. Collected debris shall be removed
and stored away from the watercourse and protected from runon and runoff.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Temporary Batch Plants NS-16
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Description and Purpose
The construction of roads, bridges, retaining walls, and other
large structures in remote areas, often requires temporary
batch plant facilities to manufacture Portland Cement Concrete
(PCC) or asphalt cement (AC). Temporary batch plant facilities
typically consist of silos containing fly ash, lime, and cement;
heated tanks of liquid asphalt; sand and gravel material storage
areas; mixing equipment; above ground storage tanks
containing concrete additives and water; and designated areas
for sand and gravel truck unloading, concrete truck loading,
and concrete truck washout. Proper control and use of
equipment, materials, and waste products from temporary
batch plant facilities will reduce the discharge of potential
pollutants to the storm drain system or watercourses, reduce
air emissions, and mitigate noise impacts.
The General Permit draft incorporates Numeric Action Levels
(NAL) for pH (see Section 2 of this handbook to determine your
project’s risk level and if you are subject to these
requirements). Many types of batch plant materials, including
mortar, concrete, cement and block and their associated wastes
have basic chemical properties that can raise pH levels outside
of the permitted range. Additional care should be taken when
managing these materials to prevent them from coming into
contact with stormwater flows which may cause an exceedance
of the General Permit requirements.
Suitable Applications
These procedures typically apply to construction sites where
temporary batch plant facilities are used; however, some of the
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Temporary Batch Plants NS-16
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practices described are applicable to construction sites with general concrete use.
Limitations
The General Permit for discharges of stormwater associated with industrial activities (General
Industrial Permit) may be applicable to temporary batch plants.
Specific permit requirements or mitigation measures such as Air Resources Board (ARB), Air
Quality Management District (AQMD), Air Pollution Control District (APCD, Regional Water
Quality Control Board (RWQCB), county ordinances and city ordinances may require alternative
mitigation measures for temporary batch plants. Contact the local regulatory agencies to
determine if a permit is required.
Implementation
Planning
Temporary batch plants may be subject to the General Industrial Permit. To obtain a copy of
this permit and the application forms, visit http://www.waterboards.ca.gov or contact the
State Water Resources Control Board.
Proper planning, design, and construction of temporary batch plants should be implemented
to minimize potential water quality, air pollution, and noise impacts associated with
temporary batch plants.
BMPs and a Construction Site Monitoring Plan (CSMP) should be included in the project
Stormwater Pollution Prevention Plan (SWPPP). BMPs should be implemented, inspected,
and maintained in accordance with these plans.
Temporary batch plants should be managed to comply with AQMD Statewide Registration
Program and/or local AQMD Portable Equipment Registration requirements.
Construct temporary batch plants downwind of existing developments whenever possible.
Placement of access roads should be planned to mitigate water and air quality impacts.
Layout and Design
Temporary batch plants should be properly located and designed to mitigate water quality
impacts to receiving water bodies. Batch plants should be located away from watercourses,
drainage courses, and drain inlets. Batch plants should be located to minimize the potential
for stormwater runon onto the site.
Temporary batch plant facilities (including associated stationary equipment and stockpiles)
should be located at least 300 ft from any recreational area, school, residence, or other
structure not associated with the construction project.
Construct continuous interior AC or PCC berms around batch plant equipment (mixing
equipment, silos, concrete drop points, conveyor belts, admixture tanks, etc.) to facilitate
proper containment and cleanup of releases. Rollover or flip top curbs or dikes should be
placed at ingress and egress points (SE-12, Temporary Silt Dike).
Direct runoff from the paved or unpaved portion of the batch plant into a sump and pipe to a
lined washout area or dewatering tank.
Temporary Batch Plants NS-16
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Direct stormwater and non-stormwater runoff from unpaved portions of batch plant facility
to catchment ponds or tanks.
Construct and remove concrete washout facilities in accordance with WM-8, Concrete Waste
Management.
Layout of a typical batch plant and associated BMP is located at the end of this BMP fact
sheet.
Operational Procedures
Washout of concrete trucks should be conducted in a designated area in accordance with
WM-8, Concrete Waste Management.
Do not dispose of concrete into drain inlets, the stormwater drainage system, or
watercourses.
Washing of concrete mixing and transport equipment (including concrete truck washout)
should occur in a designated area in accordance with WM-8, Concrete Waste Management.
Washing equipment, tools, or vehicles to remove PCC should be conducted in accordance
with NS-7, Potable Water/Irrigation, NS-8, Vehicle and Equipment Cleaning, and WM-8,
Concrete Waste Management..
All dry material transfer points should be ducted through a fabric or cartridge type filter
unless there are no visible emissions from the transfer point.
Equip all bulk storage silos, including auxiliary bulk storage trailers, with fabric or cartridge
type filter(s).
Maintain silo vent filters in proper operating condition.
Equip silos and auxiliary bulk storage trailers with dust-tight service hatches.
Fabric dust collection system should be capable of controlling particulate matter in
accordance with the California Air Resources Control Board and local Air Pollution Control
District Regulations.
Fabric dust collectors (except for vent filters) should be equipped with an operational
pressure differential gauge to measure the pressure drop across the filters.
All transfer points should be equipped with a wet suppression system to control fugitive
particulate emissions unless there are no visible emissions.
All conveyors should be covered, unless the material being transferred results in no visible
emissions.
There should be no visible emissions beyond the property line, while the equipment is being
operated.
Collect dust emissions from the loading of open-bodied trucks, at the drip point of dry batch
plants, or dust emissions from the drum feed for central mix plants.
Temporary Batch Plants NS-16
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Equip silos and auxiliary bulk storage trailers with a visible and/or audible warning
mechanism to warn operators that the silo or trailer is full.
All open-bodied vehicles transporting material should be loaded with a final layer of wet
sand and the truck should be covered with a tarp to reduce emissions.
Tracking Control
Plant roads (batch truck and material delivery truck roads) and areas between stockpiles and
conveyor hoppers should be stabilized (TC-2, Stabilized Construction Roadway), watered,
treated with dust-suppressant chemicals (WE-1, Wind Erosion Control), or paved with a
cohesive hard surface that can be repeatedly swept, maintained intact, and cleaned as
necessary to control dust emissions.
Trucks should not track PCC from plants onto public roads. Use appropriate practices from
TC-1, Stabilized Construction Entrance/Exit, to prevent tracking.
Materials Storage
WM-1, Material Delivery and Storage, should be implemented at all batch plants using
concrete components or compounds. An effective strategy is to cover and contain materials.
WM-2, Material Use should be conducted in a way to minimize or eliminate the discharge of
materials to storm drain system or watercourse.
Ensure that finer materials are not dispersed into the air during operations, such as
unloading of cement delivery trucks.
Stockpiles should be covered and enclosed with perimeter sediment barriers per WM-3,
Stockpile Management. Uncovered stockpiles should be sprayed with water and/or dust-
suppressant chemicals as necessary to control dust emissions, unless the stockpiled material
results in no visible emissions. An operable stockpile watering system should be onsite at all
times.
Store bagged and boxed materials on pallets and cover or store in a completely enclosed
storage area on non-working days and prior to rain.
Minimize stockpiles of demolished PCC by recycling them in a timely manner.
Provide secondary containment for liquid materials (WM-1, Material Delivery and Storage,
WM-10, Liquid Waste Management). Containment should provide sufficient volume to
contain precipitation from a 25-year storm plus 10% of the aggregate volume of all
containers or plus 100% of the largest container, whichever is greater.
Handle solid and liquid waste in accordance with WM-5, Solid Waste Management, WM-10,
Liquid Waste Management, and WM-8, Concrete Waste Management.
Maintain adequate supplies of spill cleanup materials and train staff to respond to spills per
WM-4, Spill Prevention and Control.
Immediately contain and clean up spilled cement and fly ash and contain.
Temporary Batch Plants NS-16
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Equipment Maintenance
Equipment should be maintained to prevent fluid leaks and spills per NS-9, Vehicle and
Equipment Fueling, and NS-10, Vehicle and Equipment Maintenance.
Maintain adequate supplies of spill cleanup materials and train staff to respond to spills per
WM-4, Spill Prevention and Control.
Incorporate other BMPs such as WM-5, Solid Waste Management, WM-6, Hazardous Waste
Management, and WM-10, Liquid Waste Management.
Costs
Costs will vary depending on the size of the facility and combination of BMPs implemented.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Sample non-stormwater discharges and stormwater runoff that contacts cementitious
materials or fly ash as required by the General Permit.
Inspect and repair equipment (for damaged hoses, fittings, and gaskets).
Inspect and maintain a Stabilized Construction Entrance/Exit (TC-1) as needed.
Inspect and maintain stabilized haul roads as needed (TC-2, Stabilized Construction
Roadway).
Inspect and maintain materials and waste storage areas as needed.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Temporary Batch Plants NS-16
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PERIMETER SEDIMENT CONTROL OR
TRAFFIC BARRIER AS APPLICABLE
TO SITE
Silt Fence SE-1
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Description and Purpose
A silt fence is made of a woven geotextile that has been
entrenched, attached to supporting poles, and sometimes
backed by a plastic or wire mesh for support. The silt fence
detains water, promoting sedimentation of coarse sediment
behind the fence. Silt fence does not retain soil fine particles
like clays or silts.
Suitable Applications
Silt fences are suitable for perimeter control, placed below
areas where sheet flows discharge from the site. They could
also be used as interior controls below disturbed areas where
runoff may occur in the form of sheet and rill erosion and
around inlets within disturbed areas (SE-10). Silt fences should
not be used in locations where the flow is concentrated. Silt
fences should always be used in combination with erosion
controls. Suitable applications include:
At perimeter of a project.
Below the toe or down slope of exposed and erodible slopes.
Along streams and channels.
Around temporary spoil areas and stockpiles.
Around inlets.
Below other small cleared areas.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment (coarse sediment)
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm SE-12
Manufactured Linear Sediment
Controls
SE-13 Compost Socks and Berms
SE-14 Biofilter Bags
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Limitations
Do not use in streams, channels, drain inlets, or anywhere flow is concentrated.
Do not use in locations where ponded water may cause a flooding hazard.
Do not use silt fence to divert water flows or place across any contour line.
Improperly installed fences are subject to failure from undercutting, overtopping, or
collapsing.
Must be trenched and keyed in.
Not intended for use as a substitute for Fiber Rolls (SE-5), when fiber rolls are being used as
a slope interruption device.
Do not use on slopes subject to creeping, slumping, or landslides.
Implementation
General
A silt fence is a temporary sediment barrier consisting of woven geotextile stretched across and
attached to supporting posts, trenched-in, and, depending upon the strength of fabric used,
supported with plastic or wire mesh fence. Silt fences trap coarse sediment by intercepting and
detaining sediment-laden runoff from disturbed areas in order to promote sedimentation
behind the fence.
The following layout and installation guidance can improve performance and should be
followed:
Silt fence should be used in combination with erosion controls up-slope in order to provide
the most effective sediment control.
Silt fence alone is not effective at reducing turbidity. (Barrett and Malina, 2004)
Designers should consider diverting sediment laden water to a temporary sediment basin or
trap. (EPA, 2012)
Use principally in areas where sheet flow occurs.
Install along a level contour, so water does not pond more than 1.5 ft at any point along the
silt fence.
Provide sufficient room for runoff to pond behind the fence and to allow sediment removal
equipment to pass between the silt fence and toes of slopes or other obstructions. About
1200 ft2 of ponding area should be provided for every acre draining to the fence.
Efficiency of silt fences is primarily dependent on the detention time of the runoff behind the
control. (Barrett and Malina, 2004)
The drainage area above any fence should not exceed a quarter of an acre. (Rule of Thumb-
100-feet of silt fence per 10,000 square feet of disturbed area.) (EPA 2012)
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The maximum length of slope draining to any point along the silt fence should be 100 ft per
foot of silt fence.
Turn the ends of the filter fence uphill to prevent stormwater from flowing around the fence.
Leave an undisturbed or stabilized area immediately down slope from the fence where
feasible.
Silt fences should remain in place until the disturbed area draining to the silt fence is
permanently stabilized, after which, the silt fence fabric and posts should be removed and
properly disposed.
J-Hooks, which have ends turning up the slope to break up long runs of fence and provide
multiple storage areas that work like mini-retention areas, may be used to increase the
effectiveness of silt fence.
Be aware of local regulations regarding the type and installation requirements of silt fence,
which may differ from those presented in this fact sheet.
Design and Layout
In areas where high winds are anticipated the fence should be supported by a plastic or wire
mesh. The geotextile fabric of the silt fence should contain ultraviolet inhibitors and stabilizers
to provide longevity equivalent to the project life or replacement schedule.
Layout in accordance with the attached figures.
For slopes that contain a high number of rocks or large dirt clods that tend to dislodge, it
may be necessary to protect silt fence from rocks (e.g., rockfall netting) ensure the integrity
of the silt fence installation.
Standard vs. Heavy Duty Silt Fence
Standard Silt Fence
Generally applicable in cases where the area draining to fence produces moderate
sediment loads.
Heavy Duty Silt Fence
Heavy duty silt fence usually has 1 or more of the following characteristics, not
possessed by standard silt fence.
o Fabric is reinforced with wire backing or additional support.
o Posts are spaced closer than pre-manufactured, standard silt fence products.
Use is generally limited to areas affected by high winds.
Area draining to fence produces moderate sediment loads.
Materials
Standard Silt Fence
Silt fence material should be woven geotextile with a minimum width of 36 in. The
fabric should conform to the requirements in ASTM designation D6461.
Wooden stakes should be commercial quality lumber of the size and shape shown on
the plans. Each stake should be free from decay, splits or cracks longer than the
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thickness of the stake or other defects that would weaken the stakes and cause the
stakes to be structurally unsuitable.
Staples used to fasten the fence fabric to the stakes should be not less than 1.75 in.
long and should be fabricated from 15 gauge or heavier wire. The wire used to fasten
the tops of the stakes together when joining two sections of fence should be 9 gauge
or heavier wire. Galvanizing of the fastening wire will not be required.
Heavy-Duty Silt Fence
Some silt fence has a wire backing to provide additional support, and there are
products that may use prefabricated plastic holders for the silt fence and use metal
posts instead of wood stakes.
Installation Guidelines – Traditional Method
Silt fences are to be constructed on a level contour. Sufficient area should exist behind th e fence
for ponding to occur without flooding or overtopping the fence.
A trench should be excavated approximately 6 in. wide and 6 in. deep along the line of the
proposed silt fence (trenches should not be excavated wider or deeper than necessary for
proper silt fence installation).
Bottom of the silt fence should be keyed-in a minimum of 12 in.
Posts should be spaced a maximum of 6 ft apart and driven securely into the ground a
minimum of 18 in. or 12 in. below the bottom of the trench.
When standard strength geotextile is used, a plastic or wire mesh support fence should be
fastened securely to the upslope side of posts using heavy–duty wire staples at least 1 in.
long. The mesh should extend into the trench.
When extra-strength geotextile and closer post spacing are used, the mesh support fence
may be eliminated.
Woven geotextile should be purchased in a long roll, then cut to the length of the barrier.
When joints are necessary, geotextile should be spliced together only at a support post, with
a minimum 6 in. overlap and both ends securely fastened to the post.
The trench should be backfilled with native material and compacted.
Construct the length of each reach so that the change in base elevation along the reach does
not exceed 1/3 the height of the barrier; in no case should the reach exceed 500 ft.
Cross barriers should be a minimum of 1/3 and a maximum of ½ the height of the linear
barrier.
See typical installation details at the end of this fact sheet.
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Installation Guidelines - Static Slicing Method
Static Slicing is defined as insertion of a narrow blade pulled behind a tractor, similar to a
plow blade, at least 10 inches into the soil while at the same time pulling silt geotextile fabric
into the ground through the opening created by the blade to the depth of the blade. Once the
geotextile is installed, the soil is compacted using tractor tires.
This method will not work with pre-fabricated, wire backed silt fence.
Benefits:
o Ease of installation (most often done with a 2 person crew).
o Minimal soil disturbance.
o Better level of compaction along fence, less susceptible to undercutting
o Uniform installation.
Limitations:
o Does not work in shallow or rocky soils.
o Complete removal of geotextile material after use is difficult.
o Be cautious when digging near potential underground utilities.
Costs
It should be noted that costs vary greatly across regions due to available supplies and labor
costs.
Average annual cost for installation using the traditional silt fence installation method
(assumes 6 month useful life) is $7 per linear foot based on vendor research. Range of cost
is $3.50 - $9.10 per linear foot.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Repair undercut silt fences.
Repair or replace split, torn, slumping, or weathered fabric. The lifespan of silt fence fabric
is generally 5 to 8 months.
Silt fences that are damaged and become unsuitable for the intended purpose should be
removed from the site of work, disposed, and replaced with new silt fence barriers.
Sediment that accumulates in the BMP should be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
1/3 of the barrier height.
Silt fences should be left in place until the upgradient area is permanently stabilized. Until
then, the silt fence should be inspected and maintained regularly.
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Remove silt fence when upgradient areas are stabilized. Fill and compact post holes and
anchor trench, remove sediment accumulation, grade fence alignment to blend with adjacent
ground, and stabilize disturbed area.
References
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Monitoring Data on Effectiveness of Sediment Control Techniques, Proceedings of World Water
and Environmental Resources Congress, Barrett M. and Malina J. 2004.
National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters, Work Group-Working Paper, USEPA, April 1992.
Sedimentation and Erosion Control Practices, and Inventory of Current Practices (Draft),
USEPA, 1990.
Southeastern Wisconsin Regional Planning Commission (SWRPC). Costs of Urban Nonpoint
Source Water Pollution Control Measures. Technical Report No. 31. Southeastern Wisconsin
Regional Planning Commission, Waukesha, WI. 1991.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management Manual for The Puget Sound Basin, Washington State Department of
Ecology, Public Review Draft, 1991.
U.S. Environmental Protection Agency (USEPA). Stormwater Best Management Practices: Silt
Fences. U.S. Environmental Protection Agency, Office of Water, Washington, DC, 2012.
U.S. Environmental Protection Agency (USEPA). Stormwater Management for Industrial
Activities: Developing Pollution Prevention Plans and Best Management Practices. U.S.
Environmental Protection Agency, Office of Water, Washington, DC, 1992.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical
Memorandum, State of California Department of Transportation (Caltrans), July 2007.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
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Description and Purpose
A sediment basin is a temporary basin formed by excavation or
by constructing an embankment so that sediment-laden runoff
is temporarily detained under quiescent conditions, allowing
sediment to settle out before the runoff is released.
Sediment basin design guidance presented in this fact sheet is
intended to provide options, methods, and techniques to
optimize temporary sediment basin performance and basin
sediment removal. Basin design guidance provided in this fact
sheet is not intended to guarantee basin effluent compliance
with numeric discharge limits (numeric action levels or numeric
effluent limits for turbidity). Compliance with discharge limits
requires a thoughtful approach to comprehensive BMP
planning, implementation, and maintenance. Therefore,
optimally designed and maintained sediment basins should be
used in conjunction with a comprehensive system of BMPs that
includes:
Diverting runoff from undisturbed areas away from the
basin
Erosion control practices to minimize disturbed areas on-
site and to provide temporary stabilization and interim
sediment controls (e.g., stockpile perimeter control, check
dams, perimeter controls around individual lots) to reduce
the basin’s influent sediment concentration.
At some sites, sediment basin design enhancements may be
required to adequately remove sediment. Traditional
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution
Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-3 Sediment Trap (for smaller
areas)
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(a.k.a. “physical”) enhancements such as alternative outlet configurations or flow deflection
baffles increase detention time and other techniques such as outlet skimmers preferentially
drain flows with lower sediment concentrations. These “physical” enhancement techniques are
described in this fact sheet. To further enhance sediment removal particularly at sites with fine
soils or turbidity sensitive receiving waters, some projects may need to consider implementing
Active Treatment Systems (ATS) whereby coagulants and flocculants are used to enhance
settling and removal of suspended sediments. Guidance on implementing ATS is provided in
SE-11.
Suitable Applications
Sediment basins may be suitable for use on larger projects with sufficient space for constructing
the basin. Sediment basins should be considered for use:
Where sediment-laden water may enter the drainage system or watercourses
On construction projects with disturbed areas during the rainy season
At the outlet of disturbed watersheds between 5 acres and 75 acres and evaluated on a site by
site basis
Where post construction detention basins are required
In association with dikes, temporary channels, and pipes used to convey runoff from
disturbed areas
Limitations
Sediment basins must be installed only within the property limits and where failure of the
structure will not result in loss of life, damage to homes or buildings, or interruption of use or
service of public roads or utilities. In addition, sediment basins are attractive to children and
can be very dangerous. Local ordinances regarding health and safety must be adhered to. If
fencing of the basin is required, the type of fence and its location should be shown in the SWPPP
and in the construction specifications.
As a general guideline, sediment basins are suitable for drainage areas of 5 acres or more,
but not appropriate for drainage areas greater than 75 acres. However, the tributary area
should be evaluated on a site by site basis.
Sediment basins may become an “attractive nuisance” and care must be taken to adhere to
all safety practices. If safety is a concern, basin may require protective fencing.
Sediment basins designed according to this fact sheet are only effective in removing
sediment down to about the silt size fraction. Sediment-laden runoff with smaller size
fractions (fine silt and clay) may not be adequately treated unless chemical (or other
appropriate method) treatment is used in addition to the sediment basin.
Basins with a height of 25 ft or more or an impounding capacity of 50 ac-ft or more must
obtain approval from California Department of Water Resources Division of Safety of Dams
(http://www.water.ca.gov/damsafety/).
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Water that stands in sediment basins longer than 96 hours may become a source of
mosquitoes (and midges), particularly along perimeter edges, in shallow zones, in scour or
below-grade pools, around inlet pipes, along low-flow channels, and among protected
habitats created by emergent or floating vegetation (e.g. cattails, water hyacinth), algal mats,
riprap, etc.
Basins require large surface areas to permit settling of sediment. Size may be limited by the
available area.
Implementation
General
A sediment basin is a controlled stormwater release structure formed by excavation or by
construction of an embankment of compacted soil across a drainage way, or other suitable
location. It is intended to trap sediment before it leaves the construction site. The basin is a
temporary measure expected to be used during active construction in most cases and is to be
maintained until the site area is permanently protected against erosion or a permanent
detention basin is constructed.
Sediment basins are suitable for nearly all types of construction projects. Whenever possible,
construct the sediment basins before clearing and grading work begins. Basins should be
located at the stormwater outlet from the site but not in any natural or undisturbed stream. A
typical application would include temporary dikes, pipes, and/or channels to convey runoff to
the basin inlet.
Many development projects in California are required by local ordinances to provide a
stormwater detention basin for post-construction flood control, desilting, or stormwater
pollution control. A temporary sediment basin may be constructed by rough grading the post-
construction control basins early in the project.
Sediment basins if properly designed and maintained can trap a significant amount of the
sediment that flows into them. However, traditional basins do not remove all inflowing
sediment. Therefore, they should be used in conjunction with erosion control practices such as
temporary seeding, mulching, diversion dikes, etc., to reduce the amount of sediment flowing
into the basin.
Planning
To improve the effectiveness of the basin, it should be located to intercept runoff from the
largest possible amount of disturbed area. Locations best suited for a sediment basin are
generally in lower elevation areas of the site (or basin tributary area) where site drainage would
not require significant diversion or other means to direct water to the basin but outside
jurisdictional waterways. However, as necessary, drainage into the basin can be improved by
the use of earth dikes and drainage swales (see BMP EC-9). . The basin should not be located
where its failure would result in the loss of life or interruption of the use or service of public
utilities or roads.
Construct before clearing and grading work begins when feasible.
Do not locate the basin in a jurisdictional stream.
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Basin sites should be located where failure of the structure will not cause loss of life, damage
to homes or buildings, or interruption of use or service of public roads or utilities.
Basins with a height of 25 ft or more or an impounding capacity of 50 ac-ft must obtain
approval from the Division of Dam Safety. Local dam safety requirements may be more
stringent.
Limit the contributing area to the sediment basin to only the runoff from the disturbed soil
areas. Use temporary concentrated flow conveyance controls to divert runoff from
undisturbed areas away from the sediment basin.
The basin should be located: (1) by excavating a suitable area or where a low embankment
can be constructed across a swale, (2) where post-construction (permanent) detention
basins will be constructed, and (3) where the basins can be maintained on a year-round basis
to provide access for maintenance, including sediment removal and sediment stockpiling in
a protected area, and to maintain the basin to provide the required capacity.
Design
When designing a sediment basin, designers should evaluate the site constraints that could
affect the efficiency of the BMP. Some of these constraints include: the relationship between
basin capacity, anticipated sediment load, and freeboard, available footprint for the basin,
maintenance frequency and access, and hydraulic capacity and efficiency of the temporary outlet
infrastructure. Sediment basins should be designed to maximize sediment removal and to
consider sediment load retained by the basin as it affects basin performance.
Three Basin Design Options (Part A) are presented below along with a Typical
Sediment/Detention Basin Design Methodology (Part B). Regardless of the design option that is
selected, designers also need to evaluate the sediment basin capacity with respect to sediment
accumulation (See “Step 3. Evaluate the Capacity of the Sediment Basin”), and should
incorporate approaches identified in “Step 4. Other Design Considerations” to enhance basin
performance.
A) Basin Design Options:
Option 1:
Design sediment basin(s) using the standard equation:
s
s V
QA2.1 (Eq. 1)
Where:
As = Minimum surface area for trapping soil particles of a certain size
Vs = Settling velocity of the design particle size chosen (Vs = 0.00028 ft/s for a design
particle size of 0.01 mm at 68°F)
1.2 = Factor of safety recommended by USEPA to account for the reduction in basin
efficiency caused due to turbulence and other non ideal conditions.
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CIAQ (Eq.2)
Where
Q = Peak basin influent flow rate measured in cubic feet per second (ft3/s)
C = Runoff coefficient (unitless)
I = Peak rainfall intensity for the 10-year, 6-hour rain event (in/hr)
A = Area draining into the sediment basin in acres
The design particle size should be the smallest soil grain size determined by wet sieve
analysis, or the fine silt sized (0.01 mm [or 0.0004 in.]) particle, and the Vs used should
be 100 percent of the calculated settling velocity.
This sizing basin method is dependent on the outlet structure design or the total basin
length with an appropriate outlet. If the designer chooses to utilize the outlet structure
to control the flow duration in the basin, the basin length (distance between the inlet and
the outlet) should be a minimum of twice the basin width; the depth should not be less
than 3 ft nor greater than 5 ft for safety reasons and for maximum efficiency (2 ft of
sediment storage, 2 ft of capacity). If the designer chooses to utilize the basin length
(with appropriate basin outlet) to control the flow duration in the basin, the basin length
(distance between the inlet and the outlet) should be a specifically designed to capture
100% of the design particle size; the depth should not be less than 3 ft nor greater than 5
ft for safety reasons and for maximum efficiency (2 ft of sediment storage, 2 ft of
capacity).
Basin design guidance provided herein assumes standard water properties (e.g.,
estimated average water temperature, kinematic viscosity, etc.) as a basis of the design.
Designers can use an alternative design (Option 3) with site specific water properties as
long as the design is as protective as Option 1.
The design guidance uses the peak influent flow rate to size sediment basins. Designers
can use an alternative design (Option 3) with site specific average flow rates as long as
the design is as protective as Option 1.
The basin should be located on the site where it can be maintained on a year-round basis
and should be maintained on a schedule to retain the 2 ft of capacity.
Option 2:
Design pursuant to local ordinance for sediment basin design and maintenance,
provided that the design efficiency is as protective or more protective of water quality
than Option 1.
Option 3:
The use of an equivalent surface area design or equation provided that the design
efficiency is as protective or more protective of water quality than Option 1.
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B) Typical Sediment/Detention Basin Design Methodology:
Design of a sediment basin requires the designer to have an understanding of the site
constraints, knowledge of the local soil (e.g., particle size distribution of potentially contributing
soils), drainage area of the basin, and local hydrology. Designers should not assume that a
sediment basin for location A is applicable to location B. Therefore, designers can use this
factsheet as guidance but will need to apply professional judgment and knowledge of the site to
design an effective and efficient sediment basin. The following provides a general overview of
typical design methodologies:
Step 1. Hydrologic Design
Evaluate the site constraints and assess the drainage area for the sediment basin. Designers
should consider on- and off-site flows as well as changes in the drainage area associated with
site construction/disturbance. To minimize additional construction during the course of the
project, the designer should consider identifying the maximum drainage area when
calculating the basin dimensions.
If a local hydrology manual is not available it is recommended to follow standard rational
method procedures to estimate the flow rate. The references section of this factsheet
provides a reference to standard hydrology textbooks that can provide standard
methodologies. If local rainfall depths are not available, values can be obtained from
standard precipitation frequency maps from NOAA (downloaded from
http://www.wrcc.dri.edu/pcpnfreq.html).
Step 2. Hydraulic Design
Calculate the surface area required for the sediment basin using Equation 1. In which the
flow rate is estimated for a 10-yr 6-hr event using rational method procedure listed in local
hydrology manual and Vs is estimated using Stokes Law presented in Equation 3.
281.2 dVs (Eq.3)
Where
Vs = Settling velocity in feet per second at 68˚F
d = diameter of sediment particle in millimeters (smallest soil grain size determined by
wet sieve analysis or fine silt (0.01 mm [or 0.0004 in.])
In general the basin outlet design requires an iterative trial and error approach that
considered the maximum water surface elevation, the elevation versus volume (stage-
storage) relationship, the elevation verses basin outflow (a.k.a.-discharge) relationship, and
the estimated inflow hydrograph. To adequately design the basins to settle sediment, the
outlet configuration and associated outflow rates can be estimated by numerous
methodologies. The following provides some guidance for design the basin outlet:
An outlet should have more than one orifice.
An outlet design typically utilizes multiple horizontal rows of orifices (approximately 3 or
more) with at least 2 orifices per row (see Figures 1 and 2 at the end of this fact sheet).
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Orifices can vary in shape.
Select the appropriate orifice diameter and number of perforations per row with the
objective of minimizing the number of rows while maximizing the detention time.
The diameter of each orifice is typically a maximum of 3-4 inches and a minimum of
0.25-0.5 inches.
If a rectangular orifice is used, it is recommended to have minimum height of 0.5 inches
and a maximum height of 6 inches.
Rows are typically spaced at three times the diameter center to center vertically with a
minimum distance of approximately 4 inches on center and a maximum distance of 1
foot on center.
To estimate the outflow rate, each row is calculated separately based on the flow through
a single orifice then multiplied by the number of orifices in the row. This step is repeated
for each of the rows. Once all of the orifices are estimated, the total outflow rate versus
elevation (stage-discharge curve) is developed to evaluate the detention time within the
basin.
Flow through a single orifice can be estimated using an Equation 4:
5.0)2('gHABCQ (Eq.4)
Where
Q = Outflow rate in ft3/s
C΄ = Orifice coefficient (unitless)
A = Area of the orifice (ft2)
g = acceleration due to gravity (ft3/s)
H = Head above the orifice (ft)
B = Anticipated Blockage or clogging factor (unitless), It is dependent on anticipated
sediment and debris load, trash rack configuration etc, so the value is dependent on
design engineers professional judgment and/or local requirements (B is never greater than
1 and a value of 0.5 is generally used)
Care must be taken in the selection of orifice coefficient ("C΄"); 0.60 is most often
recommended and used. However, based on actual tests, Young and Graziano
(1989), "Outlet Hydraulics of Extended Detention Facilities for Northern Virginia
Planning District Commission", recommends the following:
C΄ = 0.66 for thin materials; where the thickness is equal to or less than the
orifice diameter, or
C΄ = 0.80 when the material is thicker than the orifice diameter
If different sizes of orifices are used along the riser then they have to be sized such that
not more than 50 percent of the design storm event drains in one-third of the drawdown
time (to provide adequate settling time for events smaller than the design storm event)
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and the entire volume drains within 96 hours or as regulated by the local vector control
agency. If a basin fails to drain within 96 hours, the basin must be pumped dry.
Because basins are not maintained for infiltration, water loss by infiltration should be
disregarded when designing the hydraulic capacity of the outlet structure.
Floating Outlet Skimmer: The floating skimmer (see Figure 3 at the end of this fact sheet is
an alternative outlet configuration (patented) that drains water from upper portion of the
water column. This configuration has been used for temporary and permanent basins and
can improve basin performance by eliminating bottom orifices which have the potential of
discharging solids. Some design considerations for this alternative outlet device includes the
addition of a sand filter or perforated under drain at the low point in the basin and near the
floating skimmer. These secondary drains allow the basin to fully drain. More detailed
guidelines for sizing the skimmer can be downloaded from
http://www.fairclothskimmer.com/.
Hold and Release Valve: An ideal sediment/detention basin would hold all flows to the
design storm level for sufficient time to settle solids, and then slowly release the storm
water. Implementing a reliable valve system for releasing detention basins is critical to
eliminate the potential for flooding in such a system. Some variations of hold and release
valves include manual valves, bladder devices or electrically operated valves. When a
precipitation event is forecast, the valve would be close for the duration of the storm and
appropriate settling time. When the settling duration is met (approximately 24 or 48 hours),
the valve would be opened and allow the stormwater to be released at a rate that does not
resuspend settled solids and in a non-erosive manner. If this type of system is used the valve
should be designed to empty the entire basin within 96 hours or as stipulated by local vector
control regulations.
Step 3. Evaluate the Capacity of the Sediment Basin
Typically, sediment basins do not perform as designed when they are not properly
maintained or the sediment yield to the basin is larger than expected. As part of a good
sediment basin design, designers should consider maintenance cycles, estimated soil loss
and/or sediment yield, and basin sediment storage volume. The two equations below can be
used to quantify the amount of soil entering the basin.
The Revised Universal Soil Loss Equation (RUSLE, Eq.5) can be used to estimate annual soil
loss and the Modified Universal Soil Equation (MUSLE, Eq.6) can be used to estimate
sediment yield from a single storm event.
PCLSKRA (Eq.5)
PCLSKqQYp
56.095 (Eq.6)
Where:
A = annual soil loss, tons/acre-year
R = rainfall erosion index, in 100 ft.tons/acre.in/hr
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K = soil erodibility factor, tons/acre per unit of R
LS = slope length and steepness factor (unitless)
C = vegetative cover factor (unitless)
P = erosion control practice factor (unitless)
Y = single storm sediment yield in tons
Q = runoff volume in acre-feet
qp = peak flow in cfs
Detailed descriptions and methodologies for estimating the soil loss can be obtained from
standard hydrology text books (See References section).
Determination of the appropriate equation should consider construction duration and local
environmental factors (soils, hydrology, etc.). For example, if a basin is planned for a project
duration of 1 year and the designer specifies one maintenance cycle, RUSLE could be used to
estimate the soil loss and thereby the designer could indicate that the sediment storage
volume would be half of the soil loss value estimated. As an example for use of MUSLE, a
project may have a short construction duration thereby requiring fewer maintenance cycles
and a reduced sediment storage volume. MUSLE would be used to estimate the anticipated
soil loss based on a specific storm event to evaluate the sediment storage volume and
appropriate maintenance frequency.
The soil loss estimates are an essential step in the design and it is essential that the designer
provide construction contractors with enough information to understand maintenance
frequency and/or depths within the basin that would trigger maintenance. Providing
maintenance methods, frequency and specification should be included in design bid
documents such as the SWPPP Site Map.
Once the designer has quantified the amount of soil entering the basin, the depth required
for sediment storage can be determined by dividing the estimated sediment loss by the
surface area of the basin.
Step 4. Other Design Considerations
Consider designing the volume of the settling zone for the total storm volume associated
with the 2-year event or other appropriate design storms specified by the local agency. This
volume can be used as a guide for sizing the basin without iterative routing calculations. The
depth of the settling zone can be estimated by dividing the estimated 2-yr storm volume by
the surface area of the basin.
The basin volume consists of two zones:
- A sediment storage zone at least 1 ft deep.
- A settling zone at least 2 ft deep.
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- The basin depth must be no less than 3 ft (not including freeboard).
Proper hydraulic design of the outlet is critical to achieving the desired performance of the
basin. The outlet should be designed to drain the basin within 24 to 96 hours (also referred
to as “drawdown time”). The 24-hour limit is specified to provide adequate settling time; the
96-hour limit is specified to mitigate vector control concerns.
Confirmation of the basin performance can be evaluated by routing the design storm (10-yr
6-hr, or as directed by local regulations) through the basin based on the basin volume (stage-
storage curve) and the outlet design (stage-discharge curve based on the orifice
configuration or equivalent outlet design).
Sediment basins, regardless of size and storage volume, should include features to
accommodate overflow or bypass flows that exceed the design storm event.
- Include an emergency spillway to accommodate flows not carried by the principal
spillway. The spillway should consist of an open channel (earthen or vegetated) over
undisturbed material (not fill) or constructed of a non-erodible riprap (or equivalent
protection) on fill slopes.
- The spillway control section, which is a level portion of the spillway channel at the
highest elevation in the channel, should be a minimum of 20 ft in length.
Rock, vegetation or appropriate erosion control should be used to protect the basin inlet,
outlet, and slopes against erosion.
The total depth of the sediment basin should include the depth required for sediment
storage, depth required for settling zone and freeboard of at least 1 foot or as regulated by
local flood control agency for a flood event specified by the local agency.
The basin alignment should be designed such that the length of the basin is more than twice
the width of the basin; the length should be determined by measuring the distance between
the inlet and the outlet. If the site topography does not allow for this configuration baffles
should be installed so that the ratio is satisfied. If a basin has more than one inflow point,
any inflow point that conveys more than 30 percent of the total peak inflow rate has to meet
the required length to width ratio.
An alternative basin sizing method proposed by Fifield (2004) can be consulted to estimate
an alternative length to width ratio and basin configuration. These methods can be
considered as part of Option 3 which allows for alternative designs that are protective or
more protective of water quality.
Baffles (see Figure 4 at the end of this fact sheet) can be considered at project sites where the
existing topography or site constraints limit the length to width ratio. Baffles should be
constructed of earthen berms or other structural material within the basin to divert flow in
the basin, thus increasing the effective flow length from the basin inlet to the outlet riser.
Baffles also reduce the change of short circuiting and allows for settling throughout the
basin.
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Baffles are typically constructed from the invert of the basin to the crest of the emergency
spillway (i.e., design event flows are meant to flow around the baffles and flows greater than
the design event would flow over the baffles to the emergency spillway).
Use of other materials for construction of basin baffles (such as silt fence) may not be
appropriate based on the material specifications and will require frequent maintenance
(maintain after every storm event). Maintenance may not be feasible when required due to
flooded conditions resulting from frequent (i.e., back to back) storm events. Use of
alternative baffle materials should not deviate from the intended purpose of the material, as
described by the manufacturer.
Sediment basins are best used in conjunction with erosion controls.
Basins with an impounding levee greater than 4.5 ft tall, measured from the lowest point to
the impounding area to the highest point of the levee, and basins capable of impounding
more than 35,000 ft3, should be designed by a Registered Civil Engineer. The design should
include maintenance requirements, including sediment and vegetation removal, to ensure
continuous function of the basin outlet and bypass structures.
A forebay, constructed upstream of the basin, may be provided to remove debris and larger
particles.
The outflow from the sediment basin should be provided with velocity dissipation devices
(see BMP EC-10) to prevent erosion and scouring of the embankment and channel.
The principal outlet should consist of a corrugated metal, high density polyethylene (HDPE),
or reinforced concrete riser pipe with dewatering holes and an anti-vortex device and trash
rack attached to the top of the riser, to prevent floating debris from flowing out of the basin
or obstructing the system. This principal structure should be designed to accommodate the
inflow design storm.
A rock pile or rock-filled gabions can serve as alternatives to the debris screen, although the
designer should be aware of the potential for extra maintenance involved should the pore
spaces in the rock pile clog.
The outlet structure should be placed on a firm, smooth foundation with the base securely
anchored with concrete or other means to prevent floatation.
Attach riser pipe (watertight connection) to a horizontal pipe (barrel). Provide anti-seep
collars on the barrel.
Cleanout level should be clearly marked on the riser pipe.
Installation
Securely anchor and install an anti-seep collar on the outlet pipe/riser and provide an
emergency spillway for passing major floods (see local flood control agency).
Areas under embankments must be cleared and stripped of vegetation.
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Chain link fencing should be provided around each sediment basin to prevent unauthorized
entry to the basin or if safety is a concern.
Costs
The cost of a sediment basin is highly variable and is dependent of the site configuration. To
decrease basin construction costs, designers should consider using existing site features such as
berms or depressed area to site the sediment basin. Designers should also consider potential
savings associated with designing the basin to minimize the number of maintenance cycles and
siting the basin in a location where a permanent BMP (e.g., extended detention basin) is
required for the project site.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level and as required by local requirements. It is recommended that at
a minimum, basins be inspected weekly, prior to forecasted rain events, daily during
extended rain events, and after the conclusion of rain events.
Examine basin banks for seepage and structural soundness.
Check inlet and outlet structures and spillway for any damage or obstructions. Repair
damage and remove obstructions as needed.
Check inlet and outlet area for erosion and stabilize if required.
Check fencing for damage and repair as needed.
Sediment that accumulates in the basin must be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when sediment accumulation reaches one-
half the designated sediment storage volume. Sediment removed during maintenance
should be managed properly. The sediment should be appropriately evaluated and used or
disposed of accordingly. Options include: incorporating sediment into earthwork on the site
(only if there is no risk that sediment is contaminated); or off-site export/disposal at an
appropriate location (e.g., sediment characterization and disposal to an appropriate landfill).
Remove standing water from basin within 96 hours after accumulation.
If the basin does not drain adequately (e.g., due to storms that are more frequent or larger
than the design storm or other unforeseen site conditions), dewatering should be conducted
in accordance with appropriate dewatering BMPs (see NS-2) and in accordance with local
permits as applicable.
To minimize vector production:
- Remove accumulation of live and dead floating vegetation in basins during every
inspection.
- Remove excessive emergent and perimeter vegetation as needed or as advised by local or
state vector control agencies.
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References
A Current Assessment of Urban Best Management Practices: Techniques for Reducing
Nonpoint Source Pollution in the Coastal Zones, Metropolitan Washington Council of
Governments, March 1992.
Draft-Sedimentation and Erosion Control, an Inventory of Current Practices, USEPA. April
1990.
U.S. Environmental Protection Agency (USEPA). Erosion and Sediment Control, Surface
Mining in the Eastern U.S., U.S. Environmental Protection Agency, Office of Water,
Washington, DC,Washington, D.C., 1976.
Fifield, J.S. Designing for Effective Sediment and Erosion Control on Construction Sites.
Forester Press, Santa Barbara, CA. 2004.
Goldman S.J., Jackson K. and Bursztynsky T.A. Erosion and Sediment Control Handbook.
McGraw-Hill Book Company, 1986.
U.S. Environmental Protection Agency (USEPA). Guidance Specifying Management Measures
for Nonpoint Pollution in Coastal Waters. EPA 840-B-9-002. U.S. Environmental Protection
Agency, Office of Water, Washington, DC, 1993.
Guidelines for the Design and Construction of Small Embankment Dams, Division of Safety of
Dams, California Department of Water Resources, March 1986.
Haan C.T., Barfield B.J. and Hayes J.C. Design Hydrology and Sedimentology for Small
Catchments. Academic Press. 1994.
Inlet/Outlet Alternatives for Extended Detention Basins. State of California Department of
Transportation (Caltrans), 2001.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
McLean, J., 2000. Mosquitoes in Constructed Wetlands: A Management Bugaboo? In T.R.
Schueler and H.K. Holland [eds.], The Practice of Watershed Protection. pp. 29-33. Center for
Watershed Protection, Ellicott City, MD, 2000.
Metzger, M.E., D. F. Messer, C. L. Beitia, C. M. Myers, and V. L. Kramer. The Dark Side of
Stormwater Runoff Management: Disease Vectors Associated with Structural BMPs, 2002.
National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Water, Work Group-Working Paper, USEPA, April 1992.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
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Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Water Quality Management Plan for the Lake Tahoe Region, Volume II Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Young, G.K. and Graziano, F., Outlet Hydraulics of Extended Detention Facilities for Northern
Virginia Planning District Commission, 1989.
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FIGURE 1: TYPICAL TEMPORARY SEDIMENT BASIN
MULTIPLE ORIFICE DESIGN
NOT TO SCALE
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FIGURE 2: MULTIPLE ORIFICE OUTLET RISER
NOT TO SCALE
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FIGURE 3: TYPICAL SKIMMER
NOT TO SCALE
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FIGURE 4: TYPICAL TEMPORARY SEDIMENT BASIN
WITH BAFFLES
NOT TO SCALE
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Description and Purpose
A sediment trap is a containment area where sediment-laden
runoff is temporarily detained under quiescent conditions,
allowing sediment to settle out or before the runoff is
discharged by gravity flow. Sediment traps are formed by
excavating or constructing an earthen embankment across a
waterway or low drainage area.
Trap design guidance provided in this fact sheet is not intended
to guarantee compliance with numeric discharge limits
(numeric action levels or numeric effluent limits for turbidity).
Compliance with discharge limits requires a thoughtful
approach to comprehensive BMP planning, implementation,
and maintenance. Therefore, optimally designed and
maintained sediment traps should be used in conjunction with
a comprehensive system of BMPs.
Suitable Applications
Sediment traps should be considered for use:
At the perimeter of the site at locations where sediment-
laden runoff is discharged offsite.
At multiple locations within the project site where sediment
control is needed.
Around or upslope from storm drain inlet protection
measures.
Sediment traps may be used on construction projects where
the drainage area is less than 5 acres. Traps would be
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-2 Sediment Basin (for larger
areas)
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placed where sediment-laden stormwater may enter a storm drain or watercourse. SE-2,
Sediment Basins, must be used for drainage areas greater than 5 acres.
As a supplemental control, sediment traps provide additional protection for a water body or
for reducing sediment before it enters a drainage system.
Limitations
Requires large surface areas to permit infiltration and settling of sediment.
Not appropriate for drainage areas greater than 5 acres.
Only removes large and medium sized particles and requires upstream erosion control.
Attractive and dangerous to children, requiring protective fencing.
Conducive to vector production.
Should not be located in live streams.
Implementation
Design
A sediment trap is a small temporary ponding area, usually with a gravel outlet, formed by
excavation or by construction of an earthen embankment. Its purpose is to collect and store
sediment from sites cleared or graded during construction. It is intended for use on small
drainage areas with no unusual drainage features and projected for a quick build-out time. It
should help in removing coarse sediment from runoff. The trap is a temporary measure with a
design life of approximately six months to one year and is to be maintained until the site area is
permanently protected against erosion by vegetation and/or structures.
Sediment traps should be used only for small drainage areas. If the contributing drainage area
is greater than 5 acres, refer to SE-2, Sediment Basins, or subdivide the catchment area into
smaller drainage basins.
Sediment usually must be removed from the trap after each rainfall event. The SWPPP should
detail how this sediment is to be disposed, such as in fill areas onsite, or removal to an approved
offsite dump. Sediment traps used as perimeter controls should be installed before any land
disturbance takes place in the drainage area.
Sediment traps are usually small enough that a failure of the structure would not result in a loss
of life, damage to home or buildings, or interruption in the use of public roads or utilities.
However, sediment traps are attractive to children and can be dangerous. The following
recommendations should be implemented to reduce risks:
Install continuous fencing around the sediment trap or pond. Consult local ordinances
regarding requirements for maintaining health and safety.
Restrict basin side slopes to 3:1 or flatter.
Sediment trap size depends on the type of soil, size of the drainage area, and desired sediment
removal efficiency (see SE-2, Sediment Basin). As a rule of thumb, the larger the basin volume
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the greater the sediment removal efficiency. Sizing criteria are typically established under the
local grading ordinance or equivalent. The runoff volume from a 2-year storm is a common
design criteria for a sediment trap. The sizing criteria below assume that this runoff volume is
0.042 acre-ft/acre (0.5 in. of runoff). While the climatic, topographic, and soil type extremes
make it difficult to establish a statewide standard, the following criteria should trap moderate to
high amounts of sediment in most areas of California:
Locate sediment traps as near as practical to areas producing the sediment.
Trap should be situated according to the following criteria: (1) by excavating a suitable area
or where a low embankment can be constructed across a swale, (2) where failure would not
cause loss of life or property damage, and (3) to provide access for maintenance, including
sediment removal and sediment stockpiling in a protected area.
Trap should be sized to accommodate a settling zone and sediment storage zone with
recommended minimum volumes of 67 yd3/acre and 33 yd3/acre of contributing drainage
area, respectively, based on 0.5 in. of runoff volume over a 24-hour period. In many cases,
the size of an individual trap is limited by available space. Multiple traps or additional
volume may be required to accommodate specific rainfall, soil, and site conditions.
Traps with an impounding levee greater than 4.5 ft tall, measured from the lowest point to
the impounding area to the highest point of the levee, and traps capable of impounding more
than 35,000 ft3, should be designed by a Registered Civil Engineer. The design should
include maintenance requirements, including sediment and vegetation removal, to ensure
continuous function of the trap outlet and bypass structures.
The outlet pipe or open spillway must be designed to convey anticipated peak flows.
Use rock or vegetation to protect the trap outlets against erosion.
Fencing should be provided to prevent unauthorized entry.
Installation
Sediment traps can be constructed by excavating a depression in the ground or creating an
impoundment with a small embankment. Sediment traps should be installed outside the area
being graded and should be built prior to the start of the grading activities or removal of
vegetation. To minimize the area disturbed by them, sediment traps should be installed in
natural depressions or in small swales or drainage ways. The following steps must be followed
during installation:
The area under the embankment must be cleared, grubbed, and stripped of any vegetation
and root mat. The pool area should be cleared.
The fill material for the embankment must be free of roots or other woody vegetation as well
as oversized stones, rocks, organic material, or other objectionable material. The
embankment may be compacted by traversing with equipment while it is being constructed.
All cut-and-fill slopes should be 3:1 or flatter.
When a riser is used, all pipe joints must be watertight.
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When a riser is used, at least the top two-thirds of the riser should be perforated with 0.5 in.
diameter holes spaced 8 in. vertically and 10 to 12 in. horizontally. See SE-2, Sediment
Basin.
When an earth or stone outlet is used, the outlet crest elevation should be at least 1 ft below
the top of the embankment.
When crushed stone outlet is used, the crushed stone used in the outlet should meet
AASHTO M43, size No. 2 or 24, or its equivalent such as MSHA No. 2. Gravel meeting the
above gradation may be used if crushed stone is not available.
Costs
Average annual cost per installation and maintenance (18 month useful life) is $0.73 per ft3
($1,300 per drainage acre). Maintenance costs are approximately 20% of installation costs.
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Inspect outlet area for erosion and stabilize if required.
Inspect trap banks for seepage and structural soundness, repair as needed.
Inspect outlet structure and spillway for any damage or obstructions. Repair damage and
remove obstructions as needed.
Inspect fencing for damage and repair as needed.
Inspect the sediment trap for area of standing water during every visit. Corrective measures
should be taken if the BMP does not dewater completely in 96 hours or less to prevent vector
production.
Sediment that accumulates in the BMP must be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one-third of the trap capacity. Sediment removed during maintenance may be incorporated
into earthwork on the site or disposed of at an appropriate location.
Remove vegetation from the sediment trap when first detected to prevent pools of standing
water and subsequent vector production.
BMPs that require dewatering shall be continuously attended while dewatering takes place.
Dewatering BMPs per NS-2 shall be implemented at all times during dewatering activities.
References
Brown, W., and T. Schueler. The Economics of Stormwater BMPs in the Mid-Atlantic Region.
Prepared for Chesapeake Research Consortium, Edgewater, MD, by the Center for Watershed
Protection, Ellicott City, MD, 1997.
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Draft – Sedimentation and Erosion Control, an Inventory of Current Practices, USEPA, April
1990.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Metzger, M.E., D.F. Messer, C.L. Beitia, C.M. Myers, and V.L. Kramer, The Dark Side of
Stormwater Runoff Management: Disease Vectors Associated with Structural BMPs, 2002.
National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
United States Environmental Protection Agency, 2002.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters, Work Group-Working Paper, USEPA, April 1992.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management Manual for The Puget Sound Basin, Washington State Department of
Ecology, Public Review Draft, 1991.
U.S. Environmental Protection Agency (USEPA). Guidance Specifying Management Measures
for Nonpoint Pollution in Coastal Waters. EPA 840-B-9-002. U.S. Environmental Protection
Agency, Office of Water, Washington, DC, 1993.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
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Description and Purpose
A check dam is a small barrier constructed of rock, gravel bags,
sandbags, fiber rolls, or other proprietary products, placed
across a constructed swale or drainage ditch. Check dams
reduce the effective slope of the channel, thereby reducing
scour and channel erosion by reducing flow velocity and
increasing residence time within the channel, allowing
sediment to settle.
Suitable Applications
Check dams may be appropriate in the following situations:
To promote sedimentation behind the dam.
To prevent erosion by reducing the velocity of channel flow
in small intermittent channels and temporary swales.
In small open channels that drain 10 acres or less.
In steep channels where stormwater runoff velocities
exceed 5 ft/s.
During the establishment of grass linings in drainage
ditches or channels.
In temporary ditches where the short length of service does
not warrant establishment of erosion-resistant linings.
To act as a grade control structure.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-12 Manufactured Linear
Sediment Controls
SE-14 Biofilter Bags
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Limitations
Not to be used in live streams or in channels with extended base flows.
Not appropriate in channels that drain areas greater than 10 acres.
Not appropriate in channels that are already grass-lined unless erosion potential or
sediment-laden flow is expected, as installation may damage vegetation.
Require extensive maintenance following high velocity flows.
Promotes sediment trapping which can be re-suspended during subsequent storms or
removal of the check dam.
Do not construct check dams with straw bales or silt fence.
Water suitable for mosquito production may stand behind check dams, particularly if
subjected to daily non-stormwater discharges.
Implementation
General
Check dams reduce the effective slope and create small pools in swales and ditches that drain 10
acres or less. Using check dams to reduce channel slope reduces the velocity of stormwater
flows, thus reducing erosion of the swale or ditch and promoting sedimentation. Thus, check
dams are dual-purpose and serve an important role as erosion controls as well as as sediment
controls. Note that use of 1-2 isolated check dams for sedimentation will likely result in little net
removal of sediment because of the small detention time and probable scour during longer
storms. Using a series of check dams will generally increase their effectiveness. A sediment trap
(SE-3) may be placed immediately upstream of the check dam to increase sediment removal
efficiency.
Design and Layout
Check dams work by decreasing the effective slope in ditches and swales. An important
consequence of the reduced slope is a reduction in capacity of the ditch or swale. This reduction
in capacity should be considered when using this BMP, as reduced capacity can result in
overtopping of the ditch or swale and resultant consequences. In some cases, such as a
“permanent” ditch or swale being constructed early and used as a “temporary” conveyance for
construction flows, the ditch or swale may have sufficient capacity such that the temporary
reduction in capacity due to check dams is acceptable. When check dams reduce capacities
beyond acceptable limits, either:
Don’t use check dams. Consider alternative BMPs, or.
Increase the size of the ditch or swale to restore capacity.
Maximum slope and velocity reduction is achieved when the toe of the upstream dam is at the
same elevation as the top of the downstream dam (see “Spacing Between Check Dams” detail at
the end of this fact sheet). The center section of the dam should be lower than the edge sections
(at least 6 inches), acting as a spillway, so that the check dam will direct flows to the center of
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the ditch or swale (see “Typical Rock Check Dam” detail at the end of this fact sheet). Bypass or
side-cutting can occur if a sufficient spillway is not provided in the center of the dam.
Check dams are usually constructed of rock, gravel bags, sandbags, and fiber rolls. A number of
products can also be used as check dams (e.g. HDPE check dams, temporary silt dikes (SE-12)),
and some of these products can be removed and reused. Check dams can also be constructed of
logs or lumber, and have the advantage of a longer lifespan when compared to gravel bags,
sandbags, and fiber rolls. Check dams should not be constructed from straw bales or silt fences,
since concentrated flows quickly wash out these materials.
Rock check dams are usually constructed of 8 to 12 in. rock. The rock is placed either by hand or
mechanically, but never just dumped into the channel. The dam should completely span the
ditch or swale to prevent washout. The rock used should be large enough to stay in place given
the expected design flow through the channel. It is recommended that abutments be extended
18 in. into the channel bank. Rock can be graded such that smaller diameter rock (e.g. 2-4 in) is
located on the upstream side of larger rock (holding the smaller rock in place); increasing
residence time.
Log check dams are usually constructed of 4 to 6 in. diameter logs, installed vertically. The logs
should be embedded into the soil at least 18 in. Logs can be bolted or wired to vertical support
logs that have been driven or buried into the soil.
See fiber rolls, SE-5, for installation of fiber roll check dams.
Gravel bag and sand bag check dams are constructed by stacking bags across the ditch or swale,
shaped as shown in the drawings at the end of this fact sheet (see “Gravel Bag Check Dam” detail
at the end of this fact sheet).
Manufactured products, such as temporary silt dikes (SE-12), should be installed in accordance
with the manufacturer’s instructions. Installation typically requires anchoring or trenching of
products, as well as regular maintenance to remove accumulated sediment and debris.
If grass is planted to stabilize the ditch or swale, the check dam should be removed when the
grass has matured (unless the slope of the swales is greater than 4%).
The following guidance should be followed for the design and layout of check dams:
Install the first check dam approximately 16 ft from the outfall device and at regular
intervals based on slope gradient and soil type.
Check dams should be placed at a distance and height to allow small pools to form between
each check dam.
For multiple check dam installation, backwater from a downstream check dam should reach
the toes of the upstream check dam.
A sediment trap provided immediately upstream of the check dam will help capture
sediment. Due to the potential for this sediment to be resuspended in subsequent storms,
the sediment trap should be cleaned following each storm event.
Check Dams SE-4
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High flows (typically a 2-year storm or larger) should safely flow over the check dam without
an increase in upstream flooding or damage to the check dam.
Where grass is used to line ditches, check dams should be removed when grass has matured
sufficiently to protect the ditch or swale.
Materials
Rock used for check dams should typically be 8-12 in rock and be sufficiently sized to stay in
place given expected design flows in the channel. Smaller diameter rock (e.g. 2 to 4 in) can
be placed on the upstream side of larger rock to increase residence time.
Gravel bags used for check dams should conform to the requirements of SE-6, Gravel Bag
Berms.
Sandbags used for check dams should conform to SE-8, Sandbag Barrier.
Fiber rolls used for check dams should conform to SE-5, Fiber Rolls.
Temporary silt dikes used for check dams should conform to SE-12, Temporary Silt Dikes.
Installation
Rock should be placed individually by hand or by mechanical methods (no dumping of rock)
to achieve complete ditch or swale coverage.
Tightly abut bags and stack according to detail shown in the figure at the end of this section
(pyramid approach). Gravel bags and sandbags should not be stacked any higher than 3 ft.
Upper rows or gravel and sand bags shall overlap joints in lower rows.
Fiber rolls should be trenched in, backfilled, and firmly staked in place.
Install along a level contour.
HDPE check dams, temporary silt dikes, and other manufactured products should be used
and installed per manufacturer specifications.
Costs
Cost consists of labor costs if materials are readily available (such as gravel on-site). If material
must be imported, costs will increase. For other material and installation costs, see SE-5, SE-6,
SE-8, SE-12, and SE-14.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Replace missing rock, bags, rolls, etc. Replace bags or rolls that have degraded or have
become damaged.
Check Dams SE-4
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If the check dam is used as a sediment capture device, sediment that accumulates behind the
BMP should be periodically removed in order to maintain BMP effectiveness. Sediment
should be removed when the sediment accumulation reaches one-third of the barrier height.
If the check dam is used as a grade control structure, sediment removal is not required as
long as the system continues to control the grade.
Inspect areas behind check dams for pools of standing water, especially if subjected to daily
non-stormwater discharges.
Remove accumulated sediment prior to permanent seeding or soil stabilization.
Remove check dam and accumulated sediment when check dams are no longer needed.
References
Draft – Sedimentation and Erosion Control, and Inventory of Current Practices, USEPA, April
1990.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Metzger, M.E. 2004. Managing mosquitoes in stormwater treatment devices. University of
California Division of Agriculture and Natural Resources, Publication 8125. On-line: http://
anrcatalog.ucdavis.edu/pdf/8125.pdf
Check Dams SE-4
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Check Dams SE-4
July 2012 California Stormwater BMP Handbook Portal 7 of 7
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Fiber Rolls SE-5
July 2012 California Stormwater BMP Handbook Portal 1 of 5
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Description and Purpose
A fiber roll consists of straw, coir, or other biodegradable
materials bound into a tight tubular roll wrapped by netting,
which can be photodegradable or natural. Additionally, gravel
core fiber rolls are available, which contain an imbedded ballast
material such as gravel or sand for additional weight when
staking the rolls are not feasible (such as use as inlet
protection). When fiber rolls are placed at the toe and on the
face of slopes along the contours, they intercept runoff, reduce
its flow velocity, release the runoff as sheet flow, and provide
removal of sediment from the runoff (through sedimentation).
By interrupting the length of a slope, fiber rolls can also reduce
sheet and rill erosion until vegetation is established.
Suitable Applications
Fiber rolls may be suitable:
Along the toe, top, face, and at grade breaks of exposed and
erodible slopes to shorten slope length and spread runoff as
sheet flow.
At the end of a downward slope where it transitions to a
steeper slope.
Along the perimeter of a project.
As check dams in unlined ditches with minimal grade.
Down-slope of exposed soil areas.
At operational storm drains as a form of inlet protection.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-12 Manufactured Linear
Sediment Controls
SE-14 Biofilter Bags
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Fiber Rolls SE-5
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Around temporary stockpiles.
Limitations
Fiber rolls are not effective unless trenched in and staked.
Not intended for use in high flow situations.
Difficult to move once saturated.
If not properly staked and trenched in, fiber rolls could be transported by high flows.
Fiber rolls have a very limited sediment capture zone.
Fiber rolls should not be used on slopes subject to creep, slumping, or landslide.
Rolls typically function for 12-24 months depending upon local conditions.
Implementation
Fiber Roll Materials
Fiber rolls should be prefabricated.
Fiber rolls may come manufactured containing polyacrylamide (PAM), a flocculating agent
within the roll. Fiber rolls impregnated with PAM provide additional sediment removal
capabilities and should be used in areas with fine, clayey or silty soils to provide additional
sediment removal capabilities. Monitoring may be required for these installations.
Fiber rolls are made from weed free rice straw, flax, or a similar agricultural material bound
into a tight tubular roll by netting.
Typical fiber rolls vary in diameter from 9 in. to 20 in. Larger diameter rolls are available as
well.
Installation
Locate fiber rolls on level contours spaced as follows:
Slope inclination of 4:1 (H:V) or flatter: Fiber rolls should be placed at a maximum
interval of 20 ft.
Slope inclination between 4:1 and 2:1 (H:V): Fiber Rolls should be placed at a maximum
interval of 15 ft. (a closer spacing is more effective).
Slope inclination 2:1 (H:V) or greater: Fiber Rolls should be placed at a maximum
interval of 10 ft. (a closer spacing is more effective).
Prepare the slope before beginning installation.
Dig small trenches across the slope on the contour. The trench depth should be ¼ to 1/3 of
the thickness of the roll, and the width should equal the roll diameter, in order to provide
area to backfill the trench.
Fiber Rolls SE-5
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It is critical that rolls are installed perpendicular to water movement, and parallel to the
slope contour.
Start building trenches and installing rolls from the bottom of the slope and work up.
It is recommended that pilot holes be driven through the fiber roll. Use a straight bar to
drive holes through the roll and into the soil for the wooden stakes.
Turn the ends of the fiber roll up slope to prevent runoff from going around the roll.
Stake fiber rolls into the trench.
Drive stakes at the end of each fiber roll and spaced 4 ft maximum on center.
Use wood stakes with a nominal classification of 0.75 by 0.75 in. and minimum length of
24 in.
If more than one fiber roll is placed in a row, the rolls should be overlapped, not abutted.
See typical fiber roll installation details at the end of this fact sheet.
Removal
Fiber rolls can be left in place or removed depending on the type of fiber roll and application
(temporary vs. permanent installation). Typically, fiber rolls encased with plastic netting are
used for a temporary application because the netting does not biodegrade. Fiber rolls used in
a permanent application are typically encased with a biodegradeable material and are left in
place. Removal of a fiber roll used in a permanent application can result in greater
disturbance.
Temporary installations should only be removed when up gradient areas are stabilized per
General Permit requirements, and/or pollutant sources no longer present a hazard. But, they
should also be removed before vegetation becomes too mature so that the removal process
does not disturb more soil and vegetation than is necessary.
Costs
Material costs for regular fiber rolls range from $20 - $30 per 25 ft roll.
Material costs for PAM impregnated fiber rolls range between 7.00-$9.00 per linear foot, based
upon vendor research.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Repair or replace split, torn, unraveling, or slumping fiber rolls.
If the fiber roll is used as a sediment capture device, or as an erosion control device to
maintain sheet flows, sediment that accumulates in the BMP should be periodically removed
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in order to maintain BMP effectiveness. Sediment should be removed when sediment
accumulation reaches one-third the designated sediment storage depth.
If fiber rolls are used for erosion control, such as in a check dam, sediment removal should
not be required as long as the system continues to control the grade. Sediment control
BMPs will likely be required in conjunction with this type of application.
Repair any rills or gullies promptly.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Fiber Rolls SE-5
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Gravel Bag Berm SE-6
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Description and Purpose
A gravel bag berm is a series of gravel-filled bags placed on a
level contour to intercept sheet flows. Gravel bags pond sheet
flow runoff, allowing sediment to settle out, and release runoff
slowly as sheet flow, preventing erosion.
Suitable Applications
Gravel bag berms may be suitable:
As a linear sediment control measure:
Below the toe of slopes and erodible slopes
As sediment traps at culvert/pipe outlets
Below other small cleared areas
Along the perimeter of a site
Down slope of exposed soil areas
Around temporary stockpiles and spoil areas
Parallel to a roadway to keep sediment off paved areas
Along streams and channels
As a linear erosion control measure:
- Along the face and at grade breaks of exposed and
erodible slopes to shorten slope length and spread
runoff as sheet flow.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Roll
SE-8 Sandbag Barrier
SE-12 Temporary Silt Dike
SE-14 Biofilter Bags
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At the top of slopes to divert runoff away from disturbed slopes.
As chevrons (small check dams) across mildly sloped construction roads. For use check
dam use in channels, see SE-4, Check Dams.
Limitations
Gravel berms may be difficult to remove.
Removal problems limit their usefulness in landscaped areas.
Gravel bag berm may not be appropriate for drainage areas greater than 5 acres.
Runoff will pond upstream of the berm, possibly causing flooding if sufficient space does not
exist.
Degraded gravel bags may rupture when removed, spilling contents.
Installation can be labor intensive.
Durability of gravel bags is somewhat limited and bags may need to be replaced when
installation is required for longer than 6 months.
Easily damaged by construction equipment.
When used to detain concentrated flows, maintenance requirements increase.
Implementation
General
A gravel bag berm consists of a row of open graded gravel-filled bags placed on a level contour.
When appropriately placed, a gravel bag berm intercepts and slows sheet flow runoff, causing
temporary ponding. The temporary ponding allows sediment to settle. The open graded gravel
in the bags is porous, which allows the ponded runoff to flow slowly through the bags, releasing
the runoff as sheet flows. Gravel bag berms also interrupt the slope length and thereby reduce
erosion by reducing the tendency of sheet flows to concentrate into rivulets, which erode rills,
and ultimately gullies, into disturbed, sloped soils. Gravel bag berms are similar to sand bag
barriers, but are more porous. Generally, gravel bag berms should be used in conjunction with
temporary soil stabilization controls up slope to provide effective erosion and sediment control.
Design and Layout
Locate gravel bag berms on level contours.
When used for slope interruption, the following slope/sheet flow length combinations apply:
Slope inclination of 4:1 (H:V) or flatter: Gravel bags should be placed at a maximum
interval of 20 ft, with the first row near the slope toe.
Slope inclination between 4:1 and 2:1 (H:V): Gravel bags should be placed at a maximum
interval of 15 ft. (a closer spacing is more effective), with the first row near the slope toe.
Gravel Bag Berm SE-6
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Slope inclination 2:1 (H:V) or greater: Gravel bags should be placed at a maximum
interval of 10 ft. (a closer spacing is more effective), with the first row near the slope toe.
Turn the ends of the gravel bag barriers up slope to prevent runoff from going around the
berm.
Allow sufficient space up slope from the gravel bag berm to allow ponding, and to provide
room for sediment storage.
For installation near the toe of the slope, gravel bag barriers should be set back from the
slope toe to facilitate cleaning. Where specific site conditions do not allow for a set-back, the
gravel bag barrier may be constructed on the toe of the slope. To prevent flows behind the
barrier, bags can be placed perpendicular to a berm to serve as cross barriers.
Drainage area should not exceed 5 acres.
In Non-Traffic Areas:
Height = 18 in. maximum
Top width = 24 in. minimum for three or more layer construction
Top width = 12 in. minimum for one or two layer construction
Side slopes = 2:1 (H:V) or flatter
In Construction Traffic Areas:
Height = 12 in. maximum
Top width = 24 in. minimum for three or more layer construction.
Top width = 12 in. minimum for one or two layer construction.
Side slopes = 2:1 (H:V) or flatter.
Butt ends of bags tightly.
On multiple row, or multiple layer construction, overlap butt joints of adjacent row and row
beneath.
Use a pyramid approach when stacking bags.
Materials
Bag Material: Bags should be woven polypropylene, polyethylene or polyamide fabric or
burlap, minimum unit weight of 4 ounces/yd2, Mullen burst strength exceeding 300 lb/in2 in
conformance with the requirements in ASTM designation D3786, and ultraviolet stability
exceeding 70% in conformance with the requirements in ASTM designation D4355.
Gravel Bag Berm SE-6
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Bag Size: Each gravel-filled bag should have a length of 18 in., width of 12 in., thickness of
3 in., and mass of approximately 33 lbs. Bag dimensions are nominal, and may vary based
on locally available materials.
Fill Material: Fill material should be 0.5 to 1 in. crushed rock, clean and free from clay,
organic matter, and other deleterious material, or other suitable open graded, non-cohesive,
porous gravel.
Costs
Material costs for gravel bags are average and are dependent upon material availability. $2.50-
3.00 per filled gravel bag is standard based upon vendor research.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Gravel bags exposed to sunlight will need to be replaced every two to three months due to
degrading of the bags.
Reshape or replace gravel bags as needed.
Repair washouts or other damage as needed.
Sediment that accumulates in the BMP should be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one-third of the barrier height.
Remove gravel bag berms when no longer needed and recycle gravel fill whenever possible
and properly dispose of bag material. Remove sediment accumulation and clean, re-grade,
and stabilize the area.
References
Handbook of Steel Drainage and Highway Construction, American Iron and Steel Institute,
1983.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Pollution Plan Handbook, First Edition, State of California, Department of
Transportation Division of New Technology, Materials and Research, October 1992.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Street Sweeping and Vacuuming SE-7
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Description and Purpose
Street sweeping and vacuuming includes use of self-propelled
and walk-behind equipment to remove sediment from streets
and roadways, and to clean paved surfaces in preparation for
final paving. Sweeping and vacuuming prevents sediment from
the project site from entering storm drains or receiving waters.
Suitable Applications
Sweeping and vacuuming are suitable anywhere sediment is
tracked from the project site onto public or private paved
streets and roads, typically at points of egress. Sweeping and
vacuuming are also applicable during preparation of paved
surfaces for final paving.
Limitations
Sweeping and vacuuming may not be effective when sediment
is wet or when tracked soil is caked (caked soil may need to be
scraped loose).
Implementation
Controlling the number of points where vehicles can leave
the site will allow sweeping and vacuuming efforts to be
focused, and perhaps save money.
Inspect potential sediment tracking locations daily.
Visible sediment tracking should be swept or vacuumed on
a daily basis.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Do not use kick brooms or sweeper attachments. These tend to spread the dirt rather than
remove it.
If not mixed with debris or trash, consider incorporating the removed sediment back into
the project
Costs
Rental rates for self-propelled sweepers vary depending on hopper size and duration of rental.
Expect rental rates from $58/hour (3 yd3 hopper) to $88/hour (9 yd3 hopper), plus operator
costs. Hourly production rates vary with the amount of area to be swept and amount of
sediment. Match the hopper size to the area and expect sediment load to minimize time spent
dumping.
Inspection and Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
When actively in use, points of ingress and egress must be inspected daily.
When tracked or spilled sediment is observed outside the construction limits, it must be
removed at least daily. More frequent removal, even continuous removal, may be required
in some jurisdictions.
Be careful not to sweep up any unknown substance or any object that may be potentially
hazardous.
Adjust brooms frequently; maximize efficiency of sweeping operations.
After sweeping is finished, properly dispose of sweeper wastes at an approved dumpsite.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Labor Surcharge and Equipment Rental Rates, State of California Department of Transportation
(Caltrans), April 1, 2002 – March 31, 2003.
Sandbag Barrier SE-8
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Description and Purpose
A sandbag barrier is a series of sand-filled bags placed on a
level contour to intercept or to divert sheet flows. Sandbag
barriers placed on a level contour pond sheet flow runoff,
allowing sediment to settle out.
Suitable Applications
Sandbag barriers may be a suitable control measure for the
applications described below. It is important to consider that
sand bags are less porous than gravel bags and ponding or
flooding can occur behind the barrier. Also, sand is easily
transported by runoff if bags are damaged or ruptured. The
SWPPP Preparer should select the location of a sandbag barrier
with respect to the potential for flooding, damage, and the
ability to maintain the BMP.
As a linear sediment control measure:
- Below the toe of slopes and erodible slopes.
- As sediment traps at culvert/pipe outlets.
- Below other small cleared areas.
- Along the perimeter of a site.
- Down slope of exposed soil areas.
- Around temporary stockpiles and spoil areas.
- Parallel to a roadway to keep sediment off paved areas.
- Along streams and channels.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm
SE-12 Manufactured Linear
Sediment Controls
SE-14 Biofilter Bags
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Sandbag Barrier SE-8
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As linear erosion control measure:
- Along the face and at grade breaks of exposed and erodible slopes to shorten slope length
and spread runoff as sheet flow.
- At the top of slopes to divert runoff away from disturbed slopes.
- As check dams across mildly sloped construction roads.
Limitations
It is necessary to limit the drainage area upstream of the barrier to 5 acres.
Sandbags are not intended to be used as filtration devices.
Easily damaged by construction equipment.
Degraded sandbags may rupture when removed, spilling sand.
Installation can be labor intensive.
Durability of sandbags is somewhat limited and bags will need to be replaced when there are
signs of damage or wear.
Burlap should not be used for sandbags.
Implementation
General
A sandbag barrier consists of a row of sand-filled bags placed on a level contour. When
appropriately placed, a sandbag barrier intercepts and slows sheet flow runoff, causing
temporary ponding. The temporary ponding allows sediment to settle. Sand-filled bags have
limited porosity, which is further limited as the fine sand tends to quickly plug with sediment,
limiting or completely blocking the rate of flow through the barrier. If a porous barrier is
desired, consider SE-1, Silt Fence, SE-5, Fiber Rolls, SE-6, Gravel Bag Berms or SE-14, Biofilter
Bags. Sandbag barriers also interrupt the slope length and thereby reduce erosion by reducing
the tendency of sheet flows to concentrate into rivulets which erode rills, and ultimately gullies,
into disturbed, sloped soils. Sandbag barriers are similar to gravel bag berms, but less porous.
Generally, sandbag barriers should be used in conjunction with temporary soil stabilization
controls up slope to provide effective erosion and sediment control.
Design and Layout
Locate sandbag barriers on a level contour.
When used for slope interruption, the following slope/sheet flow length combinations apply:
- Slope inclination of 4:1 (H:V) or flatter: Sandbags should be placed at a maximum
interval of 20 ft, with the first row near the slope toe.
- Slope inclination between 4:1 and 2:1 (H:V): Sandbags should be placed at a maximum
interval of 15 ft. (a closer spacing is more effective), with the first row near the slope toe.
Sandbag Barrier SE-8
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- Slope inclination 2:1 (H:V) or greater: Sandbags should be placed at a maximum interval
of 10 ft. (a closer spacing is more effective), with the first row near the slope toe.
Turn the ends of the sandbag barrier up slope to prevent runoff from going around the
barrier.
Allow sufficient space up slope from the barrier to allow ponding, and to provide room for
sediment storage.
For installation near the toe of the slope, sand bag barriers should be set back from the slope
toe to facilitate cleaning. Where specific site conditions do not allow for a set-back, the sand
bag barrier may be constructed on the toe of the slope. To prevent flows behind the barrier,
bags can be placed perpendicular to a berm to serve as cross barriers.
Drainage area should not exceed 5 acres.
Butt ends of bags tightly.
Overlap butt joints of row beneath with each successive row.
Use a pyramid approach when stacking bags.
In non-traffic areas
- Height = 18 in. maximum
- Top width = 24 in. minimum for three or more layer construction
- Side slope = 2:1 (H:V) or flatter
In construction traffic areas
- Height = 12 in. maximum
- Top width = 24 in. minimum for three or more layer construction.
- Side slopes = 2:1 (H:V) or flatter.
See typical sandbag barrier installation details at the end of this fact sheet.
Materials
Sandbag Material: Sandbag should be woven polypropylene, polyethylene or polyamide
fabric, minimum unit weight of 4 ounces/yd2, Mullen burst strength exceeding 300 lb/in2 in
conformance with the requirements in ASTM designation D3786, and ultraviolet stability
exceeding 70% in conformance with the requirements in ASTM designation D4355. Use of
burlap is not an acceptable substitute, as sand can more easily mobilize out of burlap.
Sandbag Size: Each sand-filled bag should have a length of 18 in., width of 12 in.,
thickness of 3 in., and mass of approximately 33 lbs. Bag dimensions are nominal, and may
vary based on locally available materials.
Sandbag Barrier SE-8
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Fill Material: All sandbag fill material should be non-cohesive, Class 3 (Caltrans Standard
Specification, Section 25) or similar permeable material free from clay and deleterious
material, such as recycled concrete or asphalt.
Costs
Empty sandbags cost $0.25 - $0.75. Average cost of fill material is $8 per yd3. Additional labor
is required to fill the bags. Pre-filled sandbags are more expensive at $1.50 - $2.00 per bag.
These costs are based upon vendor research.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Sandbags exposed to sunlight will need to be replaced every two to three months due to
degradation of the bags.
Reshape or replace sandbags as needed.
Repair washouts or other damage as needed.
Sediment that accumulates behind the BMP should be periodically removed in order to
maintain BMP effectiveness. Sediment should be removed when the sediment accumulation
reaches one-third of the barrier height.
Remove sandbags when no longer needed and recycle sand fill whenever possible and
properly dispose of bag material. Remove sediment accumulation, and clean, re-grade, and
stabilize the area.
References
Standard Specifications for Construction of Local Streets and Roads, California Department of
Transportation (Caltrans), July 2002.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
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Straw Bale Barrier SE-9
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Description and Purpose
A straw bale barrier is a series of straw bales placed on a level
contour to intercept sheet flows. Straw bale barriers pond
sheet-flow runoff, allowing sediment to settle out.
Suitable Applications
Straw bale barriers may be suitable:
As a linear sediment control measure:
- Below the toe of slopes and erodible slopes
- As sediment traps at culvert/pipe outlets
- Below other small cleared areas
- Along the perimeter of a site
- Down slope of exposed soil areas
- Around temporary stockpiles and spoil areas
- Parallel to a roadway to keep sediment off paved areas
- Along streams and channels
As linear erosion control measure:
- Along the face and at grade breaks of exposed and
erodible slopes to shorten slope length and spread
runoff as sheet flow
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-12 Temporary Silt Dike
SE-14 Biofilter Bags
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- At the top of slopes to divert runoff away from disturbed slopes
- As check dams across mildly sloped construction roads
Limitations
Straw bale barriers:
Are not to be used for extended periods of time because they tend to rot and fall apart
Are suitable only for sheet flow on slopes of 10 % or flatter
Are not appropriate for large drainage areas, limit to one acre or less
May require constant maintenance due to rotting
Are not recommended for concentrated flow, inlet protection, channel flow, and live streams
Cannot be made of bale bindings of jute or cotton
Require labor-intensive installation and maintenance
Cannot be used on paved surfaces
Should not to be used for drain inlet protection
Should not be used on lined ditches
May introduce undesirable non-native plants to the area
Implementation
General
A straw bale barrier consists of a row of straw bales placed on a level contour. When
appropriately placed, a straw bale barrier intercepts and slows sheet flow runoff, causing
temporary ponding. The temporary ponding provides quiescent conditions allowing sediment
to settle. Straw bale barriers also interrupt the slope length and thereby reduce erosion by
reducing the tendency of sheet flows to concentrate into rivulets, which erode rills, and
ultimately gullies, into disturbed, sloped soils.
Straw bale barriers have not been as effective as expected due to improper use. These barriers
have been placed in streams and drainage ways where runoff volumes and velocities have caused
the barriers to wash out. In addition, failure to stake and entrench the straw bale has allowed
undercutting and end flow. Use of straw bale barriers in accordance with this BMP should
produce acceptable results.
Design and Layout
Locate straw bale barriers on a level contour.
- Slopes up to 10:1 (H:V): Straw bales should be placed at a maximum interval of 50 ft (a
closer spacing is more effective), with the first row near the toe of slope.
- Slopes greater than 10:1 (H:V): Not recommended.
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Turn the ends of the straw bale barrier up slope to prevent runoff from going around the
barrier.
Allow sufficient space up slope from the barrier to allow ponding, and to provide room for
sediment storage.
For installation near the toe of the slope, consider moving the barrier away from the slope
toe to facilitate cleaning. To prevent flow behind the barrier, sand bags can be placed
perpendicular to the barrier to serve as cross barriers.
Drainage area should not exceed 1 acre, or 0.25 acre per 100 ft of barrier.
Maximum flow path to the barrier should be limited to 100 ft.
Straw bale barriers should consist of two parallel rows.
- Butt ends of bales tightly
- Stagger butt joints between front and back row
- Each row of bales must be trenched in and firmly staked
Straw bale barriers are limited in height to one bale laid on its side.
Anchor bales with either two wood stakes or four bars driven through the ba le and into the
soil. Drive the first stake towards the butt joint with the adjacent bale to force the bales
together.
See attached figure for installation details.
Materials
Straw Bale Size: Each straw bale should be a minimum of 14 in. wide, 18 in. in height, 36
in. in length and should have a minimum mass of 50 lbs. The straw bale should be
composed entirely of vegetative matter, except for the binding material.
Bale Bindings: Bales should be bound by steel wire, nylon or polypropylene string placed
horizontally. Jute and cotton binding should not be used. Baling wire should be a minimum
diameter of 14 gauge. Nylon or polypropylene string should be approximately 12 gauge in
diameter with a breaking strength of 80 lbs force.
Stakes: Wood stakes should be commercial quality lumber of the size and shape shown on
the plans. Each stake should be free from decay, splits or cracks longer than the thickness of
the stake, or other defects that would weaken the stakes and cause the stakes to be
structurally unsuitable. Steel bar reinforcement should be equal to a #4 designation or
greater. End protection should be provided for any exposed bar reinforcement.
Costs
Straw bales cost $5 - $7 each. Adequate labor should be budgeted for installation and
maintenance.
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Inspection and Maintenance
Maintenance
Inspect BMPs in accordance with General Permit requirements for the associated project
type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior
to forecasted rain events, daily during extended rain events, and after the conclusion of rain
events.
Straw bales degrade, especially when exposed to moisture. Rotting bales will need to be
replaced on a regular basis.
Replace or repair damaged bales as needed.
Repair washouts or other damages as needed.
Sediment that accumulates in the BMP must be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one-third of the barrier height. Sediment removed during maintenance may be incorporated
into earthwork on the site or disposed at an appropriate location.
Remove straw bales when no longer needed. Remove sediment accumulation, and clean, re-
grade, and stabilize the area. Removed sediment should be incorporated in the project or
disposed of.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Straw Bale Barrier SE-9
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Storm Drain Inlet Protection SE-10
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Description and Purpose
Storm drain inlet protection consists of a sediment filter or an
impounding area in, around or upstream of a storm drain, drop
inlet, or curb inlet. Storm drain inlet protection measures
temporarily pond runoff before it enters the storm drain,
allowing sediment to settle. Some filter configurations also
remove sediment by filtering, but usually the ponding action
results in the greatest sediment reduction. Temporary
geotextile storm drain inserts attach underneath storm drain
grates to capture and filter storm water.
Suitable Applications
Every storm drain inlet receiving runoff from unstabilized
or otherwise active work areas should be protected. Inlet
protection should be used in conjunction with other erosion
and sediment controls to prevent sediment-laden
stormwater and non-stormwater discharges from entering
the storm drain system.
Limitations
Drainage area should not exceed 1 acre.
In general straw bales should not be used as inlet
protection.
Requires an adequate area for water to pond without
encroaching into portions of the roadway subject to traffic.
Sediment removal may be inadequate to prevent sediment
discharges in high flow conditions or if runoff is heavily
sediment laden. If high flow conditions are expected, use
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Rolls
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-14 Biofilter Bags
SE-13 Compost Socks and Berms
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other onsite sediment trapping techniques in conjunction with inlet protection.
Frequent maintenance is required.
Limit drainage area to 1 acre maximum. For drainage areas larger than 1 acre, runoff should
be routed to a sediment-trapping device designed for larger flows. See BMPs SE-2,
Sediment Basin, and SE-3, Sediment Traps.
Excavated drop inlet sediment traps are appropriate where relatively heavy flows are
expected, and overflow capability is needed.
Implementation
General
Inlet control measures presented in this handbook should not be used for inlets draining more
than one acre. Runoff from larger disturbed areas should be first routed through SE-2,
Sediment Basin or SE-3, Sediment Trap and/or used in conjunction with other drainage control,
erosion control, and sediment control BMPs to protect the site. Different types of inlet
protection are appropriate for different applications depending on site conditions and the type
of inlet. Alternative methods are available in addition to the methods described/shown herein
such as prefabricated inlet insert devices, or gutter protection devices.
Design and Layout
Identify existing and planned storm drain inlets that have the potential to receive sediment-
laden surface runoff. Determine if storm drain inlet protection is needed and which method to
use.
The key to successful and safe use of storm drain inlet protection devices is to know where
runoff that is directed toward the inlet to be protected will pond or be diverted as a result of
installing the protection device.
- Determine the acceptable location and extent of ponding in the vicinity of the drain inlet.
The acceptable location and extent of ponding will influence the type and design of the
storm drain inlet protection device.
- Determine the extent of potential runoff diversion caused by the storm drain inlet
protection device. Runoff ponded by inlet protection devices may flow around the device
and towards the next downstream inlet. In some cases, this is acceptable; in other cases,
serious erosion or downstream property damage can be caused by these diversions. The
possibility of runoff diversions will influence whether or not storm drain inlet protection
is suitable; and, if suitable, the type and design of the device.
The location and extent of ponding, and the extent of diversion, can usually be controlled
through appropriate placement of the inlet protection device. In some cases, moving the
inlet protection device a short distance upstream of the actual inlet can provide more
efficient sediment control, limit ponding to desired areas, and prevent or control diversions.
Seven types of inlet protection are presented below. However, it is recognized that other
effective methods and proprietary devices exist and may be selected.
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- Silt Fence: Appropriate for drainage basins with less than a 5% slope, sheet flows, and
flows under 0.5 cfs.
- Excavated Drop Inlet Sediment Trap: An excavated area around the inlet to trap
sediment (SE-3).
- Gravel bag barrier: Used to create a small sediment trap upstream of inlets on sloped,
paved streets. Appropriate for sheet flow or when concentrated flow may exceed 0.5 cfs,
and where overtopping is required to prevent flooding.
- Block and Gravel Filter: Appropriate for flows greater than 0.5 cfs.
- Temporary Geotextile Storm drain Inserts: Different products provide different features.
Refer to manufacturer details for targeted pollutants and additional features.
- Biofilter Bag Barrier: Used to create a small retention area upstream of inlets and can be
located on pavement or soil. Biofilter bags slowly filter runoff allowing sediment to settle
out. Appropriate for flows under 0.5 cfs.
- Compost Socks: Allow filtered run-off to pass through the compost while retaining
sediment and potentially other pollutants (SE-13). Appropriate for flows under 1.0 cfs.
Select the appropriate type of inlet protection and design as referred to or as described in
this fact sheet.
Provide area around the inlet for water to pond without flooding structures and property.
Grates and spaces around all inlets should be sealed to prevent seepage of sediment-laden
water.
Excavate sediment sumps (where needed) 1 to 2 ft with 2:1 side slopes around the inlet.
Installation
DI Protection Type 1 - Silt Fence - Similar to constructing a silt fence; see BMP SE-1,
Silt Fence. Do not place fabric underneath the inlet grate since the collected sediment may
fall into the drain inlet when the fabric is removed or replaced and water flow through the
grate will be blocked resulting in flooding. See typical Type 1 installation details at the end of
this fact sheet.
1. Excavate a trench approximately 6 in. wide and 6 in. deep along the line of the silt fence
inlet protection device.
2. Place 2 in. by 2 in. wooden stakes around the perimeter of the inlet a maximum of 3 ft
apart and drive them at least 18 in. into the ground or 12 in. below the bottom of the
trench. The stakes should be at least 48 in.
3. Lay fabric along bottom of trench, up side of trench, and then up stakes. See SE-1, Silt
Fence, for details. The maximum silt fence height around the inlet is 24 in.
4. Staple the filter fabric (for materials and specifications, see SE-1, Silt Fence) to wooden
stakes. Use heavy-duty wire staples at least 1 in. in length.
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5. Backfill the trench with gravel or compacted earth all the way around.
DI Protection Type 2 - Excavated Drop Inlet Sediment Trap - Install filter fabric
fence in accordance with DI Protection Type 1. Size excavated trap to provide a minimum
storage capacity calculated at the rate 67 yd3/acre of drainage area. See typical Type 2
installation details at the end of this fact sheet.
DI Protection Type 3 - Gravel bag - Flow from a severe storm should not overtop the
curb. In areas of high clay and silts, use filter fabric and gravel as additional filter media.
Construct gravel bags in accordance with SE-6, Gravel Bag Berm. Gravel bags should be
used due to their high permeability. See typical Type 3 installation details at the end of this
fact sheet.
1. Construct on gently sloping street.
2. Leave room upstream of barrier for water to pond and sediment to settle.
3. Place several layers of gravel bags – overlapping the bags and packing them tightly
together.
4. Leave gap of one bag on the top row to serve as a spillway. Flow from a severe storm
(e.g., 10 year storm) should not overtop the curb.
DI Protection Type 4 – Block and Gravel Filter - Block and gravel filters are suitable
for curb inlets commonly used in residential, commercial, and industrial construction. See
typical Type 4 installation details at the end of this fact sheet.
1. Place hardware cloth or comparable wire mesh with 0.5 in. openings over the drop inlet
so that the wire extends a minimum of 1 ft beyond each side of the inlet structure. If
more than one strip is necessary, overlap the strips. Place woven geotextile over the wire
mesh.
2. Place concrete blocks lengthwise on their sides in a single row around the perimeter of
the inlet, so that the open ends face outward, not upward. The ends of adjacent blocks
should abut. The height of the barrier can be varied, depending on design needs, by
stacking combinations of blocks that are 4 in., 8 in., and 12 in. wide. The row of blocks
should be at least 12 in. but no greater than 24 in. high.
3. Place wire mesh over the outside vertical face (open end) of the concrete blocks to
prevent stone from being washed through the blocks. Use hardware cloth or comparable
wire mesh with 0.5 in. opening.
4. Pile washed stone against the wire mesh to the top of the blocks. Use 0.75 to 3 in.
DI Protection Type 5 – Temporary Geotextile Insert (proprietary) – Many types
of temporary inserts are available. Most inserts fit underneath the grate of a drop inlet or
inside of a curb inlet and are fastened to the outside of the grate or curb. These inserts are
removable and many can be cleaned and reused. Installation of these inserts differs
between manufacturers. Please refer to manufacturer instruction for installation of
proprietary devices.
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DI Protection Type 6 - Biofilter bags – Biofilter bags may be used as a substitute for
gravel bags in low-flow situations. Biofilter bags should conform to specifications detailed
in SE-14, Biofilter bags.
1. Construct in a gently sloping area.
2. Biofilter bags should be placed around inlets to intercept runoff flows.
3. All bag joints should overlap by 6 in.
4. Leave room upstream for water to pond and for sediment to settle out.
5. Stake bags to the ground as described in the following detail. Stakes may be omitted
if bags are placed on a paved surface.
DI Protection Type 7 – Compost Socks – A compost sock can be assembled on site by
filling a mesh sock (e.g., with a pneumatic blower). Compost socks do not require special
trenching compared to other sediment control methods (e.g., silt fence). Compost socks
should conform to specification detailed in SE-13, Compost Socks and Berms.
Costs
Average annual cost for installation and maintenance of DI Type 1-4 and 6 (one year useful
life) is $200 per inlet.
Temporary geotextile inserts are proprietary and cost varies by region. These inserts can
often be reused and may have greater than 1 year of use if maintained and kept undamaged.
Average cost per insert ranges from $50-75 plus installation, but costs can exceed $100.
This cost does not include maintenance.
See SE-13 for Compost Sock cost information.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Silt Fences. If the fabric becomes clogged, torn, or degrades, it should be replaced. Make
sure the stakes are securely driven in the ground and are in good shape (i.e., not bent,
cracked, or splintered, and are reasonably perpendicular to the ground). Replace damaged
stakes. At a minimum, remove the sediment behind the fabric fence when accumulation
reaches one-third the height of the fence or barrier height.
Gravel Filters. If the gravel becomes clogged with sediment, it should be carefully removed
from the inlet and either cleaned or replaced. Since cleaning gravel at a construction site
may be difficult, consider using the sediment-laden stone as fill material and put fresh stone
around the inlet. Inspect bags for holes, gashes, and snags, and replace bags as needed.
Check gravel bags for proper arrangement and displacement.
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Sediment that accumulates in the BMP should be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one-third of the barrier height.
Inspect and maintain temporary geotextile insert devices according to manufacturer’s
specifications.
Remove storm drain inlet protection once the drainage area is stabilized.
- Clean and regrade area around the inlet and clean the inside of the storm drain inlet, as
it should be free of sediment and debris at the time of final inspection.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management Manual for The Puget Sound Basin, Washington State Department of
Ecology, Public Review Draft, 1991.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
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Gravel bags
Gravel bags
6. Protection can be effective even if it is not immediately adjacent to the inlet provided
that the inlet is protected from potential sources of pollution.
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Active Treatment Systems SE-11
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Description and Purpose
Active Treatment Systems (ATS) reduce turbidity of
construction site runoff by introducing chemicals to stormwater
through direct dosing or an electrical current to enhance
flocculation, coagulation, and settling of the suspended
sediment. Coagulants and flocculants are used to enhance
settling and removal of suspended sediments and generally
include inorganic salts and polymers (USACE, 2001). The
increased flocculation aids in sedimentation and ability to
remove fine suspended sediments, thus reducing stormwater
runoff turbidity and improving water quality.
Suitable Applications
ATS can reliably provide exceptional reductions of turbidity
and associated pollutants and should be considered where
turbid discharges to sediment and turbidity sensitive waters
cannot be avoided using traditional BMPs. Additionally, it may
be appropriate to use an ATS when site constraints inhibit the
ability to construct a correctly sized sediment basin, when clay
and/or highly erosive soils are present, or when the site has
very steep or long slope lengths.
Limitations
Dischargers choosing to utilize chemical treatment in an ATS
must follow all guidelines of the Construction General Permit
Attachment F – Active Treatment System Requirements.
General limitations are as follows:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Numeric Effluent Limit (NEL) for all discharges (10 NTU daily flow-weighted average)
Limited availability of chemical residual testing procedures that meet permit requirements
for flow-through treatment
Specific field and classroom ATS training required to operate equipment
Batch treatment requires extensive toxicity testing of effluent
Batch treatment requires large footprint to accommodate treatment cells
Requires additional filtration to remove residual floc and treatment chemicals prior to
discharge
Petroleum based polymers should not be used
Requires site-specific design and equipment
Limited discharge rates depending on receiving water body
Labor intensive operation and maintenance
ATS costs are higher on a unit basis for smaller sites that would be expected to have a lower
volume of treated runoff
ATS costs are seasonably variable due to increases or decreases in rainfall volumes
Implementation
Turbidity is difficult to control once fine particles are suspended in stormwater runoff from a
construction site. Sedimentation ponds are effective at removing larger particulate matter by
gravity settling, but are ineffective at removing smaller particulates such as clay and fine silt.
Sediment ponds are typically designed to remove sediment no smaller than medium silt (0.02
mm). ATS may be used to reduce the turbidity of stormwater runoff. With an ATS, very high
turbidities can be reduced to levels comparable to what is found in streams during dry weather.
Criteria for ATS Product Use
Chemically treated stormwater discharged from construction sites must be non-toxic to aquatic
organisms. The following protocol should be used to evaluate chemicals proposed for
stormwater treatment at construction sites. Authorization to use a chemical in the field based
on this protocol does not relieve the applicant from responsibility for meeting all discharge and
receiving water criteria applicable to a site.
An ATS Plan, which includes an Operation and Maintenance component, a Monitoring,
Sampling and Reporting component, a Health and Safety component, and a Spill Prevention
component must be prepared and submitted to the Regional Water Quality Control Board
(RWQCB).
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Treatment chemicals should be approved by EPA for potable water use or otherwise be
demonstrated to be protective of human health and the environment. Chemical residual or
whole effluent toxicity testing is required.
Prior to field use of chemical treatment, jar tests are to be conducted to demonstrate that
turbidity reduction necessary to meet the NELs and receiving water criteria can be achieved.
Test conditions, including but not limited to raw water quality and jar test procedures,
should be indicative of field conditions. Although these small-scale tests cannot be expected
to reproduce performance under field conditions, they are indicative of treatment capability.
A minimum of six site-specific jar tests must be conducted per chemical.
The proposed maximum dosage should be at least a factor of five lower than the no observed
effects concentration (NOEC).
Effluent discharge from an ATS to a receiving water is conditional upon the favorable results
of full-scale whole effluent bioassay/toxicity testing for batch treatment systems and upon
chemical residuals testing for flow-through systems.
Contact the RWQCB for a list of treatment chemicals that may be pre-approved for use.
Active Treatment System Design Considerations
The design and operation of an ATS should take into consideration the factors that determine
optimum, cost-effective performance. While site characteristics will influence system design, it
is important to recognize the following overriding considerations:
The right chemical must be used at the right dosage. A dosage that is either too low or too
high will not produce the lowest turbidity. There is an optimum dosage rate. This is a
situation where the adage “adding more is always better” is not the case.
The coagulant must be mixed rapidly into the water to insure proper dispersion.
The mixing system for batch treatment must be sized to provide adequate mixing for the
design storage volume. Lack of adequate mixing during the flocculation phase results in
flocs that are too small and/or insufficiently dense. Too much mixing can rapidly destroy
floc as it is formed.
Care must be taken in the design of the withdrawal system to minimize outflow velocities
and to prevent floc discharge. The discharge should be directed through a filtration system
such as sand, bag, or cartridge filter that would catch any unintended floc discharge.
ATS is also regulated for pH of the discharge. A pH-adjusting chemical should be added into
the treated water to control pH if the selected coagulant requires alteration of the pH of the
discharge outside of the acceptable range.
Active Treatment System Design
ATS can be designed as batch treatment systems using either ponds or portable trailer-mounted
tanks, or as flow-through systems using any number of proprietary designed systems.
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Figure has been adapted from Port of Seattle response to Washington Dept. of Ecology Action Order 2948
Batch Treatment
Batch Treatment systems consist of the stormwater collection system (either temporary
diversion or the permanent site drainage system); a sediment basin, trap or holding tanks;
pumps; a chemical feed system; treatment cells; and, interconnecting piping.
Batch treatment systems should use a minimum of two lined treatment cells. Multiple
treatment cells allow for clarification of treated water while other cells are being filled or
emptied. Treatment cells may be basins, traps, or tanks. Portable tanks may also be suitable for
some sites.
The following equipment should be located in a secured, covered location:
The chemical injector
Secondary contaminant for acid, caustic, buffering compound, and treatment chemical
Emergency shower and eyewash
Monitoring equipment which consists of a pH meter and a turbidimeter (if not already
within the instrumentation panel of the chemical injector)
Flow-through Treatment
At a minimum, a flow-through ATS system consists of the stormwater collection system (either
temporary diversion or the permanent site drainage system), an untreated stormwater storage
pond or holding tank, and a chemically enhanced filtration system.
Stormwater is collected at interception point(s) on the site and is diverted by gravity or by
pumping to an untreated stormwater storage pond or other untreated stormwater holding area.
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The stormwater is stored until treatment occurs. It is important that the holding pond be large
enough to provide adequate storage.
Stormwater is then pumped from the untreated stormwater storage pond to the chemically
enhanced filtration system where polymer is added. Adjustments to pH may be necessary
before chemical addition. The filtration system continually monitors the stormwater for
turbidity and pH. If the discharge water is out of the acceptable turbidity or pH range, the water
is recycled to the untreated stormwater pond (or holding tank) where it can be retreated. Flow
through systems must ensure that:
Cumulative flow volume shall be recorded daily. The data recording system shall have the
capacity to record a minimum of seven days of continuous data.
Instrumentation systems are interfaced with system control to provide auto shutoff or
recirculation in the event that effluent measurements exceed turbidity or pH.
Upon system upset, power failure, or other catastrophic event, the ATS will default to a
recirculation mode or safe shut down.
The instrumentation system provides a method for controlling coagulant dose, to prevent
potential overdosing.
Sizing Criteria
An ATS shall be designed and approved by a Certified Professional in Erosion and Sediment
Control (CPESC), a Certified Professional in Storm Water Quality (CPSWQ); a California
registered civil engineer; or any other California registered engineer.
ATS must be designed to capture and treat (within 72 hours) runoff from the 10-year 24-hour
storm event. The runoff volume of the watershed area to be treated from this size storm event is
required to be calculated using the Rational Method with a runoff coefficient of 1.
If sediment basins are used to capture flow-through or batch treatment, see SE-2, Sediment
Basin, for design criteria. Bypass should be provided around the ATS to accommodate extreme
storm events. Primary settling should be encouraged in the sediment basin/storage pond. A
forebay with access for maintenance may be beneficial.
The permissible discharge rate governed by potential downstream effect should be used to
calculate the recommended size of the treatment cells. Local requirements related to Phase I or
Phase II NPDES permit thresholds should be considered in developing maximum discharge
rates the ATS Plan.
Costs
Costs for ATS may be significant due to equipment rental requirements and cost of chemicals.
ATS cost is lower on a treated unit-basis for large construction sites with large volumes of
runoff.
Inspection and Maintenance
ATS must be operated and maintained by individuals with experience in their use and trained in
accordance with training requirements below. ATS should be monitored continuously while in
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use. A designated responsible person shall be on site daily at all times during treatment
operations. Daily on-site visual monitoring of the system for proper performance shall be
conducted and recorded in the project data log. The name, phone number, and training
documentation of the person responsible for system operation and monitoring shall be included
in the project data log.
The following monitoring requirements and results should be recorded in the data log:
Operational and Compliance Monitoring
Effluent flow rate and volume shall be continuously monitored and recorded at 15- minute
or less intervals.
Influent and effluent pH must be continuously monitored and recorded at 15-minute or less
intervals.
Influent and effluent turbidity (expressed in NTU) must be continuously monitored and
recorded at 15-minute or less intervals.
The type and amount of chemical used for pH adjustment, if any, shall be monitored and
recorded.
Dose rate of chemical used in the ATS system (expressed in mg/L) shall be monitored and
reported 15-minutes after startup and every 8 hours of operation.
Laboratory duplicates – monthly laboratory duplicates for residual coagulant analysis must
be performed and records shall be maintained onsite.
Effluent shall be monitored and recorded for residual chemical/additive levels.
If a residual chemical/additive test does not exist and the ATS is operating in a batch
treatment mode of operation refer to the toxicity monitoring requirements below.
Toxicity Monitoring
Batch Treatment
Toxicity testing for systems operated in batch treatment mode should be made in accordance
with the following:
Acute toxicity testing on effluent samples representing effluent from each batch prior to
discharge shall be undertaken. All bioassays shall be sent to a laboratory certified by the
Department of Health Services (DHS) Environmental Laboratory Accreditation Program
(ELAP). The required field of testing number for Whole Effluent Toxicity (WET) testing is
E113.
Acute toxicity tests shall be conducted with the following species and protocols. The
methods to be used in the acute toxicity testing shall be those outlined for a 96-hour acute
test in “Methods for Measuring the Acute Toxicity of Effluents and Receiving Water to
Freshwater and Marine Organisms, USEPA-841-R-02-012” for Fathead minnow,
Pimephales promelas. Rainbow trout, Oncorhynchus mykiss, may be used as a substitute
for fathead minnow.
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All toxicity tests shall meet quality assurance criteria and test acceptability criteria in the most
recent versions of the EPA test method for WET testing.
Flow-through Treatment
Toxicity testing for systems operated in flow-through treatment mode should be made in
accordance with the following:
A residual chemical test method shall be used that has a method detection limit (MDL) of
10% or less than the maximum allowable threshold concentration (MATC) for the specific
coagulant in use and for the most sensitive species of the chemical used. The MATC is equal
to the geometric mean of the No Observed Effect Concentration (NOEC) and Lowest
Observed Effect Concentration (LOEC) Acute and Chronic toxicity results for most sensitive
species determined for the specific coagulant.
The residual chemical test method shall produce a result within one hour of sampling.
A California State certified laboratory shall validate the selected residual chemical test.
Specifically the lab will review the test protocol, test parameters, and the detection limit of
the coagulant. The discharger shall electronically submit this documentation as part of the
ATS Plan.
Numeric Effluent Limit (NEL) Compliance:
All chemically treated stormwater must be sampled and tested for compliance with pH and
turbidity limits. These limits have been established by the Construction General Permit.
Sampling and testing for other pollutants may also be necessary at some sites. Turbidity limits
have been set as 10 NTU as a daily flow-weighted average or 20 NTU from a single sample. pH
must be within the range of 6.0 to 9.0 standard units. It is often possible to discharge treated
stormwater that has a lower turbidity than the receiving water and that matches the pH.
Treated stormwater samples and measurements should be taken from the discharge pipe or
another location representative of the nature of the treated stormwater discharge. Samples used
for determining compliance with the water quality standards in the receiving water should not
be taken from the treatment pond prior to decanting. Compliance with the water quality
standards is determined in the receiving water.
Operator Training:
Operators shall have training specific to using an ATS and liquid coagulants for stormwater
discharges in California. The training shall be in the form of a formal class with a certificate and
requirements for testing and certificate renewal. Training shall include a minimum of eight
hours classroom and 32 hours field training.
Standard BMPs:
Erosion and sediment control BMPs should be implemented throughout the site to prevent
erosion and discharge of sediment to the ATS. Some types of chemical coagulation and
flocculation are only achievable in water below a certain turbidity; therefore minimizing the
amount of sediment reaching the system will increase the likelihood of meeting effluent limits
and will potentially lower costs of chemical dosing.
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Sediment Removal and Disposal
Sediment shall be removed from the storage or treatment cells as necessary to ensure that the
cells maintain their required water storage (i.e., volume) capability.
Handling and disposal of all solids generated during ATS operations shall be done in
accordance with all local, state, and federal laws and regulations.
If sediment is determined to be non-toxic, it may be incorporated into the site away from
drainages.
References
Engineering and Design – Precipitation/Coagulation/Flocculation. United States Army Corps of
Engineers, EM 1110-1-4012, 2001.
Evaluation of Active Treatment Systems (ATS) for Construction Site Runoff. California Building
and Industry Association (prepared by Geosyntec Consultants), 2008.
Stormwater Management Manual for Western Washington, Volume II – Construction
Stormwater Pollution Prevention, Washington State Department of Ecology, August 2001.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Manufactured Linear Sediment Controls
(MLSC) SE-12
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Description and Purpose
Manufactured linear sediment controls (MLSC) are pre-
manufactured devices that are typically specified and installed
for drainage and sediment control on the perimeter of
disturbed sites or stockpiles and as check dams within
channels. Typically, MLSCs can be reused.
This fact sheet is intended to provide guidance on BMP
selection and implementation of proprietary or vendor-
supplied products, for sediment control. Products should be
evaluated for project-specific implementation and used if
determined to be appropriate by the SWPPP Preparer.
Suitable Applications
MLSCs are generally used in areas as a substitute for fiber rolls
and silt fences in sediment control applications to slow down
runoff water, divert drainage or contain fines and sediment.
MLSCs are a linear control and application suitability varies
based on the specific product type. They may be suitable:
On paved surfaces for perimeter protection.
As check structures in channels.
Along the perimeter of disturbed sites in lieu of silt fence.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Roll
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
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At operational storm drains as a form of inlet protection.
Around temporary stockpiles or material/equipment storage areas.
At the interface between graveled driveways and pavement.
Along the toe of exposed and erodible slopes.
Limitations
Limitations vary by product. Product manufacturer’s printed product use instructions
should be reviewed by the SWPPP Preparer to determine the project-specific applicability of
MLSCs.
Implementation
General
When appropriately placed, MLSCs intercept and slow sheet flow runoff, causing temporary
ponding. The temporary ponding provides quiescent conditions allowing sediment to settle. The
device is porous, which allows the ponded runoff to flow slowly through the device, releasing the
runoff as sheet flows. Generally, MLSCs should be used in conjunction with temporary soil
stabilization controls up-slope to provide an effective combination of erosion and sediment
control.
Design and Layout
MLSCs used on soil should be trenched or attached to the ground per manufacturer
specifications in a manner that precludes runoff or ponded water from flowing around or
under the device.
MLSCs designed for use on asphalt or concrete may be attached using a variety of methods,
including nailing the device to the pavement, or using a high strength adhesive.
Follow manufacturer written specifications when installing MLSCs.
Allow sufficient space up-slope from the silt dike to allow ponding, and to provide room for
sediment storage.
For installation near the toe of the slope, MLSCs should be set back 3 feet from the slope toe
to facilitate cleaning. Where site conditions do not allow set back, the sediment control may
be constructed on the toe of the slope. To prevent flows behind the barrier, sand or gravel
bags can be placed perpendicular and between the sediment control and slope to serve as a
barrier to parallel flow.
Drainage area should not exceed 5 acres.
Materials
Several manufactured products are available. The following search terms or combination of
terms can be used with an internet search engine to find manufactured linear sediment
controls:
Manufactured Linear Sediment Controls
(MLSC) SE-12
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- “silt barrier”
- “reusable silt fence”
- “silt fence alternative” or
- “perimeter sediment control”
Costs
Manufacturers should be contacted directly for current pricing.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Reshape or replace sections of damaged MLSCs as needed.
Repair washouts or other damage as needed.
Sediment that accumulates behind the BMP should be periodically removed in order to
maintain BMP effectiveness. Sediment should be removed when the sediment accumulation
reaches one-third of the barrier height.
Remove MLSCs when no longer needed. Remove sediment accumulation and clean, re-
grade, and stabilize the area. Removed sediment should be incorporated in the project or
disposed of properly.
References
City of Elko Construction Site Best Management Practices Handbook, December 2005.
Construction Site Best Management Practices Handbook, June 2008 Update, Truckee Meadows
Regional Stormwater Quality Management Program, June 2008.
Complying with the Edwards Aquifer Rules Technical Guidance on Best Management Practices,
Texas Commission on Environmental Quality, Revised July 2005, Addendum Sheet, January26,
2011.
Stormwater Management Manual for Western Washington Volume II, Construction Stormwater
Pollution Prevention, Washington State Department of Ecology, February 2005.
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Description and Purpose
Compost socks and berms act as three-dimensional
biodegradable filtering structures to intercept runoff where
sheet flow occurs and are generally placed at the site perimeter
or at intervals on sloped areas. Compost socks are generally a
mesh sock containing compost and a compost berm is a dike of
compost, trapezoidal in cross section. When employed to
intercept sheet flow, both BMPs are placed perpendicular to the
flow of runoff, allowing filtered runoff to pass through the
compost and retaining sediment (and potentially other
pollutants). A compost sock can be assembled on site by filling
a mesh sock (e.g. with a pneumatic blower). The compost berm
should be constructed using a backhoe or equivalent and/or a
pneumatic delivery (blower) system and should be properly
compacted. Compost socks and berms act as filters, reduce
runoff velocities, and in some cases, aid in establishing
vegetation.
Compost is organic, biodegradable, and renewable. Compost
provides soil structure that allows water to infiltrate the
compost medium which helps prevent rill erosion and the
retained moisture promotes seed germination and vegetation
growth, in addition to providing organic matter and nutrients
important for fostering vegetation. Compost improves soil
quality and productivity, as well as erosion and sediment
control.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-5 Fiber Roll
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-14 Biofilter Bags
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
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The compost of the compost sock or berm can be selected that targets site specific objectives in
capturing sediment and other pollutants, supporting vegetation, or additional erosion control.
Compost is typically derived from combinations of feedstocks, biosolids, leaf and yard
trimmings, manure, wood, or mixed solid waste. Many types of compost are products of
municipal recycle or "Greenwaste" programs. Compost is organic and biodegradable and can be
left onsite. There are many types of compost with a variety of properties with specific functions,
and accordingly compost selection is an important design consideration in the application of
this type of erosion and sediment control.
Suitable Applications
Along the toe, top, face, and at grade breaks of exposed and erodible slopes to shorten slope
length and spread runoff as sheet flow (compost berms should only be used at the top of
slopes or on slopes 4:1 (H:V) or flatter, all other slope applications should use compost
socks)
Along the perimeter of a project
As check dams in unlined ditches (compost socks only)
Down-slope of exposed soil areas
At operational storm drains as a form of inlet protection (compost socks only)
Around temporary stockpiles
Compost socks and berms do not require special trenching or BMP removal compared to other
sediment control methods (e.g. silt fence or fiber rolls). Compost socks and berms can remain in
place after earth disturbing activities are completed or the compost components can be spread
over the site providing nutrients for plant growth and augmenting soil structure. BMPs that
remain in place are particularly advantageous below embankments, especially adjacent streams,
by limiting re-entry and the disturbance to sensitive areas.
Compost can be pre-seeded prior to application (recommended by the EPA for construction site
stormwater runoff control and required for compost socks) or seeded after installation (for
compost berms only). The compost medium can also remove pollutants in stormwater
including heavy metals; oil and grease; and hydrocarbons.
Limitations
Compost can potentially leach nutrients (dissolved phosphorus and nitrogen) into runoff
and potentially impact water quality. Compost should not be used directly upstream from
nutrient impaired waterbodies (Adams et. al, 2008).
Compost may also contain other undesirable constituents that are detrimental to water
quality. Compost should be obtained from a supplier certified by the California Integrated
Waste Management Board or compost should otherwise meet the environmental health
standards of Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 7.
Carefully consider the qualifications and experience of any compost producer/supplier.
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Application by hand is more time intensive and potentially costly. Using a pneumatic blower
truck is the recommended cost effective method of assembly.
Compost socks and berms should not be employed at the base of slopes greater than 2:1
(H:V). They can be employed with other erosion control methods for steeper slopes.
Difficult to move once saturated.
Compost berms should not be applied in areas of concentrated flows.
Compost socks and berms are easy to fix; however, they are susceptible to damage by
frequent traffic. Compost socks can be used around heavy machinery, but regular
disturbance decreases sock performance.
Implementation
Compost Materials
California Compost Regulations (Title 14, California Code of Regulations, Division 7,
Chapter 3.1, Article 7, Section 17868.3) define and require a quality of compost for
application. Compost should comply with all physical and chemical requirements. Specific
requirements are provided in Table 1, taken from Caltrans Standard Special Provision 10-1
(SSP 10-1), Erosion Control (Compost Blanket).
The compost producer should be fully permitted as specified under the California Integrated
Waste Management Board, Local Enforcement Agencies and any other State and Local
Agencies that regulate Solid Waste Facilities. If exempt from State permitting requirements,
the composting facility should certify that it follows guidelines and procedures for
production of compost meeting the environmental health standards of Title 14, California
Code of Regulations, Division 7, Chapter 3.1, Article 7.
The compost producer should be a participant in United States Composting Council's Seal of
Testing Assurance program.
Compost medium parameter specifications for compost socks and berms have been
developed to assist in compost selection, such as those provided by the American
Association of State Highway Transportation Officials (AASHTO).
Particle size is important parameter for selecting compost. Well consolidated coarser grades
of compost (e.g. small and large pieces) perform better for filtration objectives, while finer
grades better support vegetation. Particle size of the compost should be selected based on
site conditions, such as expected precipitation, and filtration goals and / or long term plant
nutrients.
Compost moisture should be considered for composition quality and application purposes.
A range of 30-50% is typical. Compost that is too dry is hard to apply and compost that is
too wet is more difficult (and more expensive) to transport. For arid or semi-arid areas, or
for application during the dry season, use compost with greater moisture content than areas
with wetter climates. For wetter or more humid climates or for application during the wet
season, drier composts can be used as the compost will absorb moisture from the ambient
air.
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If vegetation establishment is a desired function of the compost, a compost sample should be
inspected by a qualified individual. Vegetation has different nutrient and moisture needs.
Organic content of the compost is also important and should range from 30 to 65%
depending on site conditions.
Compost should not be derived from mixed municipal solid waste and should be reasonably
free of visible contaminates.
Compost should not contain paint, petroleum products, pesticides or any other chemical
residues harmful to animal life or plant growth. Metal concentrations in compost should not
exceed the maximum metal concentrations listed under Title 14, California Code of
Regulations, Division 7, Chapter 3.1, Section 17868.2.
Compost should not possess objectionable odors.
Compost should be weed free.
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Table 1. Physical/Chemical Requirements of Compost
Reference - Caltrans SSP-10 Erosion Control Blanket (Compost)
Property Test Method Requirement
pH
*TMECC 04.11-A
Elastometric pH 1:5 Slurry Method
pH Units
6.0–8.0
Soluble Salts
TMECC 04.10-A
Electrical Conductivity 1:5 Slurry Method
dS/m (mmhos/cm)
0-10.0
Moisture Content
TMECC 03.09-A
Total Solids & Moisture at 70+/- 5 deg C
% Wet Weight Basis
30-60
Organic Matter
Content
TMECC 05.07-A
Loss-On-Ignition Organic Matter Method (LOI)
% Dry Weight Basis
30–65
Maturity
TMECC 05.05-A
Germination and Vigor
Seed Emergence
Seedling Vigor
% Relative to Positive Control
80 or Above
80 or Above
Stability
TMECC 05.08-B
Carbon Dioxide Evolution Rate
mg CO2-C/g OM per day
8 or below
Particle Size
TMECC 02.02-B
Sample Sieving for Aggregate Size Classification
% Dry Weight Basis
100% Passing, 3 inch
90-100% Passing, 1 inch
65-100% Passing, 3/4 inch
0 - 75% Passing, 1/4 inch
Maximum length 6 inches
Pathogen
TMECC 07.01-B
Fecal Coliform Bacteria
< 1000 MPN/gram dry wt.
Pass
Pathogen
TMECC 07.01-B
Salmonella
< 3 MPN/4 grams dry wt.
Pass
Physical Contaminants
TMECC 02.02-C
Man Made Inert Removal and Classification:
Plastic, Glass and Metal
% > 4mm fraction
Combined Total:
< 1.0
Physical Contaminants
TMECC 02.02-C
Man Made Inert Removal and Classification:
Sharps (Sewing needles, straight pins and hypodermic
needles)
% > 4mm fraction
None Detected
*TMECC refers to "Test Methods for the Examination of Composting and Compost," published by the United States
Department of Agriculture and the United States Compost Council (USCC).
Installation
Prior to application, prepare locations for socks and berms by removing brush and thick
vegetation. The compost of the sock and/or berm should be allowed to come in full contact
with the ground surface.
Select method to apply the compost sock or berm. A pneumatic blower is most cost effective
and most adaptive in applying compost to steep, rough terrain, and hard to reach locations.
The compost of the berm should be distributed evenly to the surface, compacted, and shaped
trapezoidal in cross section. Berm design is generally consists of a base two times the height.
AASHTO specification MP 9-03 provides compost berm dimensions based on anticipated
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site precipitation (AASHTO, 2003 and USEPA, 2009). State agencies, such as Oregon
Department of Environmental Quality (ODEQ) have developed berm dimension based on
slope steepness and length (ODEQ, 2004).
Compost socks can be assembled on site by filling mesh socks with the selected compost.
Mesh socks can be tied at one end, filled, and then tied at the other end. The ends of socks
can be interlocked until the desired length is achieved. The sock diameter is a function of
slope steepness and length. Again, ASSHTO provides specifications for various parameters.
Compost socks range from 8” to 18”, but are typically 12” to 18” in diameter.
Compost socks are typically placed in contours perpendicular to sheet flow. They can also be
placed in V formation on a slope. Compost socks need to be anchored, typically stakes,
through the center of the sock. To prevent water flowing around them, the ends of compost
socks should be placed upslope.
Locate compost socks and berms on level contours spaced as follows:
Slope inclination of 4:1 (H:V) or flatter: Socks and/or berms should be placed at a
maximum interval of 20 ft.
Slope inclination between 4:1 and 2:1 (H:V): Socks should be placed at a maximum
interval of 15 ft. (a closer spacing is more effective).
Slope inclination 2:1 (H:V) or greater: Socks should be placed at a maximum interval of
10 ft. (a closer spacing is more effective).
Place perimeter socks and berms using a j-hook installation. Use of vegetation will also
provide additional anchoring.
Compost socks and berms can be placed around the perimeter of an affected area, like a silt
fence, if the area is flat or on a contour. Do not place these socks and berms where ponded
water could become an issue.
If used at the toe of slopes, the compost sock or berm should at a minimum of 5 to 10 feet
away.
Use additional anchoring and erosion control BMPs in conjunction of the compost socks and
berms as needed.
Consider using compost berms or socks as necessary at the top and/or bottom of the slope
for additional erosion control performance.
Compost socks and berms can also be effective over rocky and frozen ground if installed
properly.
It is recommended that the drainage areas of these compost BMPs do not exceed 0.25 acre
per 100 feet placement interval and runoff does not exceed 1 cubic foot per second.
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Costs
Recently obtained vendor costs indicated $3.50 per linear foot for compost berm application
and $2.00 per linear foot for 8” socks and $2.50 per linear foot for 12”socks. Costs do not
include final compost sock or berm functions at the end of construction activities, including
spreading or removal, if required. ODEQ estimates that compost berms cost 30 percent less
than silt fences to install.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Once damage is identified, mend or reapply the sock or berm as needed. Washed out areas
should be replaced. If the sock or berm height is breached during a storm, an additional
sock can be stacked to increase the sock height and similarly the berm dimensions can be
increased, as applicable. An additional sock or berm may be installed upslope, as needed. It
may be necessary to apply an additional type of stormwater BMP, such as a compost blanket.
Sediment contained by the sock or berm should be removed prior reaching 1/3 of the
exposed height of the BMP. The sediment can be stabilized with the compost sock or berm
with vegetation at the end of construction activities.
Care should be exercised to minimize the damage to protected areas while making repairs, as
any area damaged will require reapplication of BMPs.
Limit traffic to minimize damage to BMPs or impede vegetation establishment.
References
An analysis of Composting as an Environmental Remediation Technology, U.S. Environmental
Protection Agency (USEPA), Solid Waste and Emergency Response (5305W), EPA530-R-8-008,
1998.
Characteristics of Compost: Moisture Holding and Water Quality Improvement, Center for
Research in Water Resources, Kirchoff, C., Malina, J., and Barrett, M., 2003.
Compost Utilization for Erosion Control, The University of Georgia College of Agricultural and
Environmental Sciences, pubs.caes.uga.edu/caespubs/pubcd/B1200.htm, Faucette, B. and
Risse, M., 2001.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Standard Special Provision 10-1, Erosion Control (Compost Blanket), State of California
Department of Transportation (Caltrans). 2007 Update.
Evaluation of Environmental Benefits and Impacts of Compost and Industry Standard Erosion
and Sediment Controls Measures Used in Construction Activities, Dissertation, Institute of
Ecology, University of Georgia, Faucette, B., 2004.
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National Pollutant Discharge Elimination System (NPDES), Compost Blankets, U.S.
Environmental Protection Agency (USEPA).
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm?action=factsheet_results&vie
w=specific&bmp=118, 2009.
Standard Specifications for Transportation Materials and Methods of Sampling and Testing,
Designation MP-9, Compost for Erosion/Sediment Control (Filter Berms), Provisional,
American Association of State Highway Transportation Officials (AASHTO), 2003.
Stormwater Best Management Practices (BMPs) Field Trials of Erosion Control Compost in
Reclamation of Rock Quarry Operations, Nonpoint Source Protection Program CWA §319(h),
Texas Commission on Environmental Quality, Adams, T., McFarland, A., Hauck, L., Barrett, M.,
and Eck, B., 2008.
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Description and Purpose
Biofilter bags, or bio-bags, are a multi-purpose sediment
control BMP consisting of a plastic mesh bag filled with 100%
recycled wood product waste. Biofilter bags come in a variety
of sizes (30” x 18” and 30” x 9” being common) and generally
have between 1-2 cubic yards of recycled wood waste (or wood
chips). Biofilter bags work by detaining flow and allowing a
slow rate of discharge through the wood media. This action
removes suspended sediment through gravity settling of the
detained water and filtration within the bag.
Suitable Applications
Biofilter bags are a short-term BMP that can be rapidly
deployed, maintained, and replaced. Biofilter bags can be an
effective short-term solution to place in developed rills to
prevent further erosion until permanent measures can be
established. Suitable short-term applications include:
As a linear sediment control measure:
- Below the toe of slopes and erodible slopes
- Below other small cleared areas
- Along the perimeter of a site (with low-expected flow)
- Down slope of exposed soil areas
- Around temporary stockpiles and spoil areas
- Parallel to a roadway to keep sediment off paved areas
Categories
EC Erosion Control
SE Sediment Control
TR Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
SE-1 Silt Fence
SE-4 Check Dams
SE-5 Fiber Roll
SE-6 Gravel Bag Berm
SE-8 Sandbag Barrier
SE-10 Storm Drain Inlet Protection
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- Along streams and channels
As linear erosion control measure:
- Along the face and at grade breaks of exposed and erodible slopes to shorten slope length
and spread runoff as sheet flow
- At the top of slopes to divert runoff away from disturbed slopes
- As check dams across mildly sloped construction roads
Inlet Protection (See SE-10)
Supplement to silt fences or other sediment control devices
Limitations
Short life-span (maximum usefulness of 2-3 months and should be replaced more frequently
if needed); regular maintenance and replacement required to ensure effectiveness. Bags will
rapidly fill with sediment and reduce permeability.
Easily damaged by construction vehicles.
If not properly staked, will fail on slope applications.
If improperly installed can allow undercutting or side-cutting flow.
Not effective where water velocities or volumes are high.
Potentially buoyant and easily displaced if not properly installed.
Implementation
General
Biofilter bags are a relatively low cost temporary BMP that are easily deployed and have a simple
installation that can be performed by hand. Without proper installation, however, biofilter bags
can fail due to their light weight, potential displacement, and multiple joint locations. One of
the benefits of utilizing biofilter bags is that the media (wood-product) can be recycled or used
onsite when no longer needed (where acceptable).
Design and Layout – Linear control
Locate biofilter bags on level contours.
- Slopes between 20:1 and 4:1 (H:V): Biofilter bags should be placed at a maximum
interval of 20 ft, with the first row near the slope toe.
- Slopes between 4:1 and 2:1 (H:V): Biofilter bags should be placed at a maximum interval
of 15 ft, with the first row near the slope toe.
- Slopes 2:1 (H:V) or steeper: Biofilter bags should be placed at a maximum interval of 10
ft., with the first row placed the slope toe.
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Turn the ends of the biofilter bag barriers up slope to prevent runoff from going around the
berm.
Allow sufficient space up slope from the biofilter bag berm to allow ponding, and to provide
room for sediment storage.
Stake biofilter bags into a 1 to 2 in. deep trench with a width equal to the bag.
- Drive one stake at each end of the bag.
- Use wood stakes with a nominal classification of 0.75 by 0.75 in. and minimum length of
24 in.
Biofilter bags should be overlapped (6 in.), not abutted.
Costs
Pre-filled biofilter bags cost approximately $2.50-$3.50 per bag, dependent upon size.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Biofilter bags exposed to sunlight will need to be replaced every two to three months due to
degrading of the bags.
Reshape or replace biofilter bags as needed.
Repair washouts or other damage as needed.
Sediment that is retained by the BMP should be periodically removed in order to maintain
BMP effectiveness. Sediment should be removed when the sediment accumulation reaches
one-third of the barrier height.
Remove biofilter bag berms when no longer needed. Remove sediment accumulation and
clean, re-grade, and stabilize the area. Biofilter media may be used on-site, if allowed.
References
Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Volume 2,
Section 7, BMP 34 – Biofilter Bags, Idaho Department of Environmental Quality, 2005.
Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February
2005.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stabilized Construction Entrance/Exit TC-1
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Description and Purpose
A stabilized construction access is defined by a point of
entrance/exit to a construction site that is stabilized to reduce
the tracking of mud and dirt onto public roads by construction
vehicles.
Suitable Applications
Use at construction sites:
Where dirt or mud can be tracked onto public roads.
Adjacent to water bodies.
Where poor soils are encountered.
Where dust is a problem during dry weather conditions.
Limitations
Entrances and exits require periodic top dressing with
additional stones.
This BMP should be used in conjunction with street
sweeping on adjacent public right of way.
Entrances and exits should be constructed on level ground
only.
Stabilized construction entrances are rather expensive to
construct and when a wash rack is included, a sediment trap
of some kind must also be provided to collect wash water
runoff.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Implementation
General
A stabilized construction entrance is a pad of aggregate underlain with filter cloth located at any
point where traffic will be entering or leaving a construction site to or from a public right of way,
street, alley, sidewalk, or parking area. The purpose of a stabilized construction entrance is to
reduce or eliminate the tracking of sediment onto public rights of way or streets. Reducing
tracking of sediments and other pollutants onto paved roads helps prevent deposition of
sediments into local storm drains and production of airborne dust.
Where traffic will be entering or leaving the construction site, a stabilized construction entrance
should be used. NPDES permits require that appropriate measures be implemented to prevent
tracking of sediments onto paved roadways, where a significant source of sediments is derived
from mud and dirt carried out from unpaved roads and construction sites.
Stabilized construction entrances are moderately effective in removing sediment from
equipment leaving a construction site. The entrance should be built on level ground.
Advantages of the Stabilized Construction Entrance/Exit is that it does remove some sediment
from equipment and serves to channel construction traffic in and out of the site at specified
locations. Efficiency is greatly increased when a washing rack is included as part of a stabilized
construction entrance/exit.
Design and Layout
Construct on level ground where possible.
Select 3 to 6 in. diameter stones.
Use minimum depth of stones of 12 in. or as recommended by soils engineer.
Construct length of 50 ft or maximum site will allow, and 10 ft minimum width or to
accommodate traffic.
Rumble racks constructed of steel panels with ridges and installed in the stabilized
entrance/exit will help remove additional sediment and to keep adjacent streets clean.
Provide ample turning radii as part of the entrance.
Limit the points of entrance/exit to the construction site.
Limit speed of vehicles to control dust.
Properly grade each construction entrance/exit to prevent runoff from leaving the
construction site.
Route runoff from stabilized entrances/exits through a sediment trapping device before
discharge.
Design stabilized entrance/exit to support heaviest vehicles and equipment that will use it.
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Select construction access stabilization (aggregate, asphaltic concrete, concrete) based on
longevity, required performance, and site conditions. Do not use asphalt concrete (AC)
grindings for stabilized construction access/roadway.
If aggregate is selected, place crushed aggregate over geotextile fabric to at least 12 in. depth,
or place aggregate to a depth recommended by a geotechnical engineer. A crushed aggregate
greater than 3 in. but smaller than 6 in. should be used.
Designate combination or single purpose entrances and exits to the construction site.
Require that all employees, subcontractors, and suppliers utilize the stabilized construction
access.
Implement SE-7, Street Sweeping and Vacuuming, as needed.
All exit locations intended to be used for more than a two-week period should have stabilized
construction entrance/exit BMPs.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMPs are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect local roads adjacent to the site daily. Sweep or vacuum to remove visible
accumulated sediment.
Remove aggregate, separate and dispose of sediment if construction entrance/exit is clogged
with sediment.
Keep all temporary roadway ditches clear.
Check for damage and repair as needed.
Replace gravel material when surface voids are visible.
Remove all sediment deposited on paved roadways within 24 hours.
Remove gravel and filter fabric at completion of construction
Costs
Average annual cost for installation and maintenance may vary from $1,200 to $4,800 each,
averaging $2,400 per entrance. Costs will increase with addition of washing rack, and sediment
trap. With wash rack, costs range from $1,200 - $6,000 each, averaging $3,600 per entrance.
References
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Stabilized Construction Entrance/Exit TC-1
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National Management Measures to Control Nonpoint Source Pollution from Urban Areas,
USEPA Agency, 2002.
Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters, Work Group Working Paper, USEPA, April 1992.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Virginia Erosion and Sedimentation Control Handbook, Virginia Department of Conservation
and Recreation, Division of Soil and Water Conservation, 1991.
Guidance Specifying Management Measures for Nonpoint Pollution in Coastal Waters, EPA
840-B-9-002, USEPA, Office of Water, Washington, DC, 1993.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Stabilized Construction Entrance/Exit TC-1
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50’ Typical (1) Length should be extended to 12 times the diameter of
the largest construction vehicle tire.
(2) On small sites length should be the maximum allowed by site.
Stabilized Construction Entrance/Exit TC-1
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50’ Typical
(1) Length should be extended to 12 times the diameter of the largest construction vehicle tire.
(2 ) On small sites length should be the maximum allowed by site .
Stabilized Construction Roadway TC-2
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Description and Purpose
Access roads, subdivision roads, parking areas, and other onsite
vehicle transportation routes should be stabilized immediately
after grading, and frequently maintained to prevent erosion and
control dust.
Suitable Applications
This BMP should be applied for the following conditions:
Temporary Construction Traffic:
Phased construction projects and offsite road access
Construction during wet weather
Construction roadways and detour roads:
Where mud tracking is a problem during wet weather
Where dust is a problem during dry weather
Adjacent to water bodies
Where poor soils are encountered
Limitations
The roadway must be removed or paved when construction
is complete.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
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Certain chemical stabilization methods may cause stormwater or soil pollution and should
not be used. See WE-1, Wind Erosion Control.
Management of construction traffic is subject to air quality control measures. Contact the
local air quality management agency.
Materials will likely need to be removed prior to final project grading and stabilization.
Use of this BMP may not be applicable to very short duration projects.
Implementation
General
Areas that are graded for construction vehicle transport and parking purposes are especially
susceptible to erosion and dust. The exposed soil surface is continually disturbed, leaving no
opportunity for vegetative stabilization. Such areas also tend to collect and transport runoff
waters along their surfaces. During wet weather, they often become muddy quagmires that
generate significant quantities of sediment that may pollute nearby streams or be transported
offsite on the wheels of construction vehicles. Dirt roads can become so unstable during wet
weather that they are virtually unusable.
Efficient construction road stabilization not only reduces onsite erosion but also can
significantly speed onsite work, avoid instances of immobilized machinery and delivery vehicles,
and generally improve site efficiency and working conditions during adverse weather
Installation/Application Criteria
Permanent roads and parking areas should be paved as soon as possible after grading. As an
alternative where construction will be phased, the early application of gravel or chemical
stabilization may solve potential erosion and stability problems. Temporary gravel roadway
should be considered during the rainy season and on slopes greater than 5%.
Temporary roads should follow the contour of the natural terrain to the maximum extent
possible. Slope should not exceed 15%. Roadways should be carefully graded to drain
transversely. Provide drainage swales on each side of the roadway in the case of a crowned
section or one side in the case of a super elevated section. Simple gravel berms without a trench
can also be used.
Installed inlets should be protected to prevent sediment laden water from entering the storm
sewer system (SE-10, Storm Drain Inlet Protection). In addition, the following criteria should
be considered.
Road should follow topographic contours to reduce erosion of the roadway.
The roadway slope should not exceed 15%.
Chemical stabilizers or water are usually required on gravel or dirt roads to prevent dust
(WE-1, Wind Erosion Control).
Properly grade roadway to prevent runoff from leaving the construction site.
Design stabilized access to support heaviest vehicles and equipment that will use it.
Stabilized Construction Roadway TC-2
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Stabilize roadway using aggregate, asphalt concrete, or concrete based on longevity, required
performance, and site conditions. The use of cold mix asphalt or asphalt concrete (AC)
grindings for stabilized construction roadway is not allowed.
Coordinate materials with those used for stabilized construction entrance/exit points.
If aggregate is selected, place crushed aggregate over geotextile fabric to at least 12 in. depth.
A crushed aggregate greater than 3 in. but smaller than 6 in. should be used.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Keep all temporary roadway ditches clear.
When no longer required, remove stabilized construction roadway and re-grade and repair
slopes.
Periodically apply additional aggregate on gravel roads.
Active dirt construction roads are commonly watered three or more times per day during the
dry season.
Costs
Gravel construction roads are moderately expensive, but cost is often balanced by reductions in
construction delay. No additional costs for dust control on construction roads should be
required above that needed to meet local air quality requirements.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program; Program Development and Approval Guidance,
Working Group, Working Paper; USEPA, April 1992.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75,
Washington State Department of Ecology, February 1992.
Stabilized Construction Roadway TC-2
January 2011 California Stormwater BMP Handbook 4 of 4
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Virginia Erosion and Sedimentation Control Handbook, Virginia Department of Conservation
and Recreation, Division of Soil and Water Conservation, 1991.
Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of
Management Practices, Tahoe Regional Planning Agency, November 1988.
Entrance/Outlet Tire Wash TC-3
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Description and Purpose
A tire wash is an area located at stabilized construction access
points to remove sediment from tires and under carriages and
to prevent sediment from being transported onto public
roadways.
Suitable Applications
Tire washes may be used on construction sites where dirt and
mud tracking onto public roads by construction vehicles may
occur.
Limitations
The tire wash requires a supply of wash water.
A turnout or doublewide exit is required to avoid having
entering vehicles drive through the wash area.
Do not use where wet tire trucks leaving the site leave the
road dangerously slick.
Implementation
Incorporate with a stabilized construction entrance/exit.
See TC-1, Stabilized Construction Entrance/Exit.
Construct on level ground when possible, on a pad of coarse
aggregate greater than 3 in. but smaller than 6 in. A
geotextile fabric should be placed below the aggregate.
Wash rack should be designed and
constructed/manufactured for anticipated traffic loads.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
TC-1 Stabilized Construction
Entrance/Exit
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Entrance/Outlet Tire Wash TC-3
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Provide a drainage ditch that will convey the runoff from the wash area to a sediment
trapping device. The drainage ditch should be of sufficient grade, width, and depth to carry
the wash runoff.
Use hoses with automatic shutoff nozzles to prevent hoses from being left on.
Require that all employees, subcontractors, and others that leave the site with mud caked
tires and undercarriages to use the wash facility.
Implement SC-7, Street Sweeping and Vacuuming, as needed.
Costs
Costs are low for installation of wash rack.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Remove accumulated sediment in wash rack and/or sediment trap to maintain system
performance.
Inspect routinely for damage and repair as needed.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program; Program Development and Approval Guidance,
Working Group, Working Paper; USEPA, April 1992.
Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area
Governments, May 1995.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities, Developing Pollution Prevention Plans
and Best Management Practices, EPA 832-R-92005; USEPA, April 1992.
Entrance/Outlet Tire Wash TC-3
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Wind Erosion Control WE-1
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Description and Purpose
Wind erosion or dust control consists of applying water or other
chemical dust suppressants as necessary to prevent or alleviate
dust nuisance generated by construction activities. Covering
small stockpiles or areas is an alternative to applying water or
other dust palliatives.
California’s Mediterranean climate, with a short “wet” season
and a typically long, hot “dry” season, allows the soils to
thoroughly dry out. During the dry season, construction
activities are at their peak, and disturbed and exposed areas are
increasingly subject to wind erosion, sediment tracking and
dust generated by construction equipment. Site conditions and
climate can make dust control more of an erosion problem than
water based erosion. Additionally, many local agencies,
including Air Quality Management Districts, require dust
control and/or dust control permits in order to comply with
local nuisance laws, opacity laws (visibility impairment) and the
requirements of the Clean Air Act. Wind erosion control is
required to be implemented at all construction sites greater
than 1 acre by the General Permit.
Suitable Applications
Most BMPs that provide protection against water-based erosion
will also protect against wind-based erosion and dust control
requirements required by other agencies will generally meet
wind erosion control requirements for water quality protection.
Wind erosion control BMPs are suitable during the following
construction activities:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
EC-5 Soil Binders
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Construction vehicle traffic on unpaved roads
Drilling and blasting activities
Soils and debris storage piles
Batch drop from front-end loaders
Areas with unstabilized soil
Final grading/site stabilization
Limitations
Watering prevents dust only for a short period (generally less than a few hours) and should
be applied daily (or more often) to be effective.
Over watering may cause erosion and track-out.
Oil or oil-treated subgrade should not be used for dust control because the oil may migrate
into drainageways and/or seep into the soil.
Chemical dust suppression agents may have potential environmental impacts. Selected
chemical dust control agents should be environmentally benign.
Effectiveness of controls depends on soil, temperature, humidity, wind velocity and traffic.
Chemical dust suppression agents should not be used within 100 feet of wetlands or water
bodies.
Chemically treated subgrades may make the soil water repellant, interfering with long-term
infiltration and the vegetation/re-vegetation of the site. Some chemical dust suppressants
may be subject to freezing and may contain solvents and should be handled properly.
In compacted areas, watering and other liquid dust control measures may wash sediment or
other constituents into the drainage system.
If the soil surface has minimal natural moisture, the affected area may need to be pre-wetted
so that chemical dust control agents can uniformly penetrate the soil surface.
Implementation
Dust Control Practices
Dust control BMPs generally stabilize exposed surfaces and minimize activities that suspend or
track dust particles. The following table presents dust control practices that can be applied to
varying site conditions that could potentially cause dust. For heavily traveled and disturbed
areas, wet suppression (watering), chemical dust suppression, gravel asphalt surfacing,
temporary gravel construction entrances, equipment wash-out areas, and haul truck covers can
be employed as dust control applications. Permanent or temporary vegetation and mulching
can be employed for areas of occasional or no construction traffic. Preventive measures include
minimizing surface areas to be disturbed, limiting onsite vehicle traffic to 15 mph or less, and
controlling the number and activity of vehicles on a site at any given time.
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Chemical dust suppressants include: mulch and fiber based dust palliatives (e.g. paper mulch
with gypsum binder), salts and brines (e.g. calcium chloride, magnesium chloride), non-
petroleum based organics (e.g. vegetable oil, lignosulfonate), petroleum based organics (e.g.
asphalt emulsion, dust oils, petroleum resins), synthetic polymers (e.g. polyvinyl acetate, vinyls,
acrylic), clay additives (e.g. bentonite, montimorillonite) and electrochemical products (e.g.
enzymes, ionic products).
Site
Condition
Dust Control Practices
Permanent
Vegetation Mulching
Wet
Suppression
(Watering)
Chemical
Dust
Suppression
Gravel
or
Asphalt
Temporary Gravel
Construction
Entrances/Equipment
Wash Down
Synthetic
Covers
Minimize
Extent of
Disturbed
Area
Disturbed
Areas not
Subject to
Traffic
X X X X X X
Disturbed
Areas
Subject to
Traffic
X X X X X
Material
Stockpiles X X X X X
Demolition X X X
Clearing/
Excavation X X X
Truck
Traffic on
Unpaved
Roads
X X X X X
Tracking X X
Additional preventive measures include:
Schedule construction activities to minimize exposed area (see EC-1, Scheduling).
Quickly treat exposed soils using water, mulching, chemical dust suppressants, or
stone/gravel layering.
Identify and stabilize key access points prior to commencement of construction.
Minimize the impact of dust by anticipating the direction of prevailing winds.
Restrict construction traffic to stabilized roadways within the project site, as practicable.
Water should be applied by means of pressure-type distributors or pipelines equipped with a
spray system or hoses and nozzles that will ensure even distribution.
All distribution equipment should be equipped with a positive means of shutoff.
Unless water is applied by means of pipelines, at least one mobile unit should be available at
all times to apply water or dust palliative to the project.
If reclaimed waste water is used, the sources and discharge must meet California
Department of Health Services water reclamation criteria and the Regional Water Quality
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Control Board (RWQCB) requirements. Non-potable water should not be conveyed in tanks
or drain pipes that will be used to convey potable water and there should be no connection
between potable and non-potable supplies. Non-potable tanks, pipes, and other
conveyances should be marked, “NON-POTABLE WATER - DO NOT DRINK.”
Pave or chemically stabilize access points where unpaved traffic surfaces adjoin paved roads.
Provide covers for haul trucks transporting materials that contribute to dust.
Provide for rapid clean up of sediments deposited on paved roads. Furnish stabilized
construction road entrances and wheel wash areas.
Stabilize inactive areas of construction sites using temporary vegetation or chemical
stabilization methods.
For chemical stabilization, there are many products available for chemically stabilizing gravel
roadways and stockpiles. If chemical stabilization is used, the chemicals should not create any
adverse effects on stormwater, plant life, or groundwater and should meet all applicable
regulatory requirements.
Costs
Installation costs for water and chemical dust suppression vary based on the method used and
the length of effectiveness. Annual costs may be high since some of these measures are effective
for only a few hours to a few days.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Check areas protected to ensure coverage.
Most water-based dust control measures require frequent application, often daily or even
multiple times per day. Obtain vendor or independent information on longevity of chemical
dust suppressants.
References
Best Management Practices and Erosion Control Manual for Construction Sites, Flood Control
District of Maricopa County, Arizona, September 1992.
California Air Pollution Control Laws, California Air Resources Board, updated annually.
Construction Manual, Chapter 4, Section 10, “Dust Control”; Section 17, “Watering”; and Section
18, “Dust Palliative”, California Department of Transportation (Caltrans), July 2001.
Wind Erosion Control WE-1
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Prospects for Attaining the State Ambient Air Quality Standards for Suspended Particulate
Matter (PM10), Visibility Reducing Particles, Sulfates, Lead, and Hydrogen Sulfide, California
Air Resources Board, April 1991.
Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Material Delivery and Storage WM-1
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Description and Purpose
Prevent, reduce, or eliminate the discharge of pollutants from
material delivery and storage to the stormwater system or
watercourses by minimizing the storage of hazardous materials
onsite, storing materials in watertight containers and/or a
completely enclosed designated area, installing secondary
containment, conducting regular inspections, and training
employees and subcontractors.
This best management practice covers only material delivery
and storage. For other information on materials, see WM-2,
Material Use, or WM-4, Spill Prevention and Control. For
information on wastes, see the waste management BMPs in this
section.
Suitable Applications
These procedures are suitable for use at all construction sites
with delivery and storage of the following materials:
Soil stabilizers and binders
Pesticides and herbicides
Fertilizers
Detergents
Plaster
Petroleum products such as fuel, oil, and grease
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Material Delivery and Storage WM-1
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Asphalt and concrete components
Hazardous chemicals such as acids, lime, glues, adhesives, paints, solvents, and curing
compounds
Concrete compounds
Other materials that may be detrimental if released to the environment
Limitations
Space limitation may preclude indoor storage.
Storage sheds often must meet building and fire code requirements.
Implementation
The following steps should be taken to minimize risk:
Chemicals must be stored in water tight containers with appropriate secondary containment
or in a storage shed.
When a material storage area is located on bare soil, the area should be lined and bermed.
Use containment pallets or other practical and available solutions, such as storing materials
within newly constructed buildings or garages, to meet material storage requirements.
Stack erodible landscape material on pallets and cover when not in use.
Contain all fertilizers and other landscape materials when not in use.
Temporary storage areas should be located away from vehicular traffic.
Material Safety Data Sheets (MSDS) should be available on-site for all materials stored that
have the potential to effect water quality.
Construction site areas should be designated for material delivery and storage.
Material delivery and storage areas should be located away from waterways, if possible.
Avoid transport near drainage paths or waterways.
Surround with earth berms or other appropriate containment BMP. See EC-9, Earth
Dikes and Drainage Swales.
Place in an area that will be paved.
Storage of reactive, ignitable, or flammable liquids must comply with the fire codes of your
area. Contact the local Fire Marshal to review site materials, quantities, and proposed
storage area to determine specific requirements. See the Flammable and Combustible
Liquid Code, NFPA30.
An up to date inventory of materials delivered and stored onsite should be kept.
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Hazardous materials storage onsite should be minimized.
Hazardous materials should be handled as infrequently as possible.
Keep ample spill cleanup supplies appropriate for the materials being stored. Ensure that
cleanup supplies are in a conspicuous, labeled area.
Employees and subcontractors should be trained on the proper material delivery and storage
practices.
Employees trained in emergency spill cleanup procedures must be present when dangerous
materials or liquid chemicals are unloaded.
If significant residual materials remain on the ground after construction is complete,
properly remove and dispose of materials and any contaminated soil. See WM-7,
Contaminated Soil Management. If the area is to be paved, pave as soon as materials are
removed to stabilize the soil.
Material Storage Areas and Practices
Liquids, petroleum products, and substances listed in 40 CFR Parts 110, 117, or 302 should
be stored in approved containers and drums and should not be overfilled. Containers and
drums should be placed in temporary containment facilities for storage.
A temporary containment facility should provide for a spill containment volume able to
contain precipitation from a 25 year storm event, plus the greater of 10% of the aggregate
volume of all containers or 100% of the capacity of the largest container within its boundary,
whichever is greater.
A temporary containment facility should be impervious to the materials stored therein for a
minimum contact time of 72 hours.
A temporary containment facility should be maintained free of accumulated rainwater and
spills. In the event of spills or leaks, accumulated rainwater and spills should be collected
and placed into drums. These liquids should be handled as a hazardous waste unless testing
determines them to be non-hazardous. All collected liquids or non-hazardous liquids should
be sent to an approved disposal site.
Sufficient separation should be provided between stored containers to allow for spill cleanup
and emergency response access.
Incompatible materials, such as chlorine and ammonia, should not be stored in the same
temporary containment facility.
Materials should be covered prior to, and during rain events.
Materials should be stored in their original containers and the original product labels should
be maintained in place in a legible condition. Damaged or otherwise illegible labels should
be replaced immediately.
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Bagged and boxed materials should be stored on pallets and should not be allowed to
accumulate on the ground. To provide protection from wind and rain throughout the rainy
season, bagged and boxed materials should be covered during non-working days and prior to
and during rain events.
Stockpiles should be protected in accordance with WM-3, Stockpile Management.
Materials should be stored indoors within existing structures or completely enclosed storage
sheds when available.
Proper storage instructions should be posted at all times in an open and conspicuous
location.
An ample supply of appropriate spill clean up material should be kept near storage areas.
Also see WM-6, Hazardous Waste Management, for storing of hazardous wastes.
Material Delivery Practices
Keep an accurate, up-to-date inventory of material delivered and stored onsite.
Arrange for employees trained in emergency spill cleanup procedures to be present when
dangerous materials or liquid chemicals are unloaded.
Spill Cleanup
Contain and clean up any spill immediately.
Properly remove and dispose of any hazardous materials or contaminated soil if significant
residual materials remain on the ground after construction is complete. See WM-7,
Contaminated Soil Management.
See WM-4, Spill Prevention and Control, for spills of chemicals and/or hazardous materials.
If spills or leaks of materials occur that are not contained and could discharge to surface
waters, non-visible sampling of site discharge may be required. Refer to the General Permit
or to your project specific Construction Site Monitoring Plan to determine if and where
sampling is required.
Cost
The largest cost of implementation may be in the construction of a materials storage area
that is covered and provides secondary containment.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Keep storage areas clean and well organized, including a current list of all materials onsite.
Inspect labels on containers for legibility and accuracy.
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Repair or replace perimeter controls, containment structures, covers, and liners as needed to
maintain proper function.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance,
Working Group Working Paper; USEPA, April 1992.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Material Use WM-2
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Description and Purpose
Prevent or reduce the discharge of pollutants to the storm drain
system or watercourses from material use by using alternative
products, minimizing hazardous material use onsite, and
training employees and subcontractors.
Suitable Applications
This BMP is suitable for use at all construction projects. These
procedures apply when the following materials are used or
prepared onsite:
Pesticides and herbicides
Fertilizers
Detergents
Petroleum products such as fuel, oil, and grease
Asphalt and other concrete components
Other hazardous chemicals such as acids, lime, glues,
adhesives, paints, solvents, and curing compounds
Other materials that may be detrimental if released to the
environment
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Material Use WM-2
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Limitations
Safer alternative building and construction products may not be available or suitable in every
instance.
Implementation
The following steps should be taken to minimize risk:
Minimize use of hazardous materials onsite.
Follow manufacturer instructions regarding uses, protective equipment, ventilation,
flammability, and mixing of chemicals.
Train personnel who use pesticides. The California Department of Pesticide Regulation and
county agricultural commissioners license pesticide dealers, certify pesticide applicators,
and conduct onsite inspections.
The preferred method of termiticide application is soil injection near the existing or
proposed structure foundation/slab; however, if not feasible, soil drench application of
termiticides should follow EPA label guidelines and the following recommendations (most
of which are applicable to most pesticide applications):
Do not treat soil that is water-saturated or frozen.
Application shall not commence within 24-hours of a predicted precipitation event with
a 40% or greater probability. Weather tracking must be performed on a daily basis prior
to termiticide application and during the period of termiticide application.
Do not allow treatment chemicals to runoff from the target area. Apply proper quantity
to prevent excess runoff. Provide containment for and divert stormwater from
application areas using berms or diversion ditches during application.
Dry season: Do not apply within 10 feet of storm drains. Do not apply within 25 feet of
aquatic habitats (such as, but not limited to, lakes; reservoirs; rivers; permanent
streams; marshes or ponds; estuaries; and commercial fish farm ponds).
Wet season: Do not apply within 50 feet of storm drains or aquatic habitats (such as, but
not limited to, lakes; reservoirs; rivers; permanent streams; marshes or ponds; estuaries;
and commercial fish farm ponds) unless a vegetative buffer is present (if so, refer to dry
season requirements).
Do not make on-grade applications when sustained wind speeds are above 10 mph (at
application site) at nozzle end height.
Cover treatment site prior to a rain event in order to prevent run-off of the pesticide into
non-target areas. The treated area should be limited to a size that can be backfilled
and/or covered by the end of the work shift. Backfilling or covering of the treated area
shall be done by the end of the same work shift in which the application is made.
The applicator must either cover the soil him/herself or provide written notification of
the above requirement to the contractor on site and to the person commissioning the
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application (if different than the contractor). If notice is provided to the contractor or the
person commissioning the application, then they are responsible under the Federal
Insecticide Fungicide, and Rodenticide Act (FIFRA) to ensure that: 1) if the concrete slab
cannot be poured over the treated soil within 24 hours of application, the treated soil is
covered with a waterproof covering (such as polyethylene sheeting), and 2) the treated
soil is covered if precipitation is predicted to occur before the concrete slab is scheduled
to be poured.
Do not over-apply fertilizers, herbicides, and pesticides. Prepare only the amount needed.
Follow the recommended usage instructions. Over-application is expensive and
environmentally harmful. Unless on steep slopes, till fertilizers into the soil rather than
hydraulic application. Apply surface dressings in several smaller applications, as opposed to
one large application, to allow time for infiltration and to avoid excess material being carried
offsite by runoff. Do not apply these chemicals before predicted rainfall.
Train employees and subcontractors in proper material use.
Supply Material Safety Data Sheets (MSDS) for all materials.
Dispose of latex paint and paint cans, used brushes, rags, absorbent materials, and drop
cloths, when thoroughly dry and are no longer hazardous, with other construction debris.
Do not remove the original product label; it contains important safety and disposal
information. Use the entire product before disposing of the container.
Mix paint indoors or in a containment area. Never clean paintbrushes or rinse paint
containers into a street, gutter, storm drain, or watercourse. Dispose of any paint thinners,
residue, and sludge(s) that cannot be recycled, as hazardous waste.
For water-based paint, clean brushes to the extent practicable, and rinse to a drain leading to
a sanitary sewer where permitted, or contain for proper disposal off site. For oil-based
paints, clean brushes to the extent practicable, and filter and reuse thinners and solvents.
Use recycled and less hazardous products when practical. Recycle residual paints, solvents,
non-treated lumber, and other materials.
Use materials only where and when needed to complete the construction activity. Use safer
alternative materials as much as possible. Reduce or eliminate use of hazardous materials
onsite when practical.
Document the location, time, chemicals applied, and applicator’s name and qualifications.
Keep an ample supply of spill clean up material near use areas. Train employees in spill
clean up procedures.
Avoid exposing applied materials to rainfall and runoff unless sufficient time has been
allowed for them to dry.
Discontinue use of erodible landscape material within 2 days prior to a forecasted rain event
and materials should be covered and/or bermed.
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Provide containment for material use areas such as masons’ areas or paint
mixing/preparation areas to prevent materials/pollutants from entering stormwater.
Costs
All of the above are low cost measures.
Inspection and Maintenance
Inspect and verify that activity-based BMPs are in place prior to the commencement of
associated activities.
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Ensure employees and subcontractors throughout the job are using appropriate practices.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance,
Working Group Working Paper; USEPA, April 1992.
Comments on Risk Assessments Risk Reduction Options for Cypermethrin: Docket No. OPP–
2005–0293; California Stormwater Quality Association (CASQA) letter to USEPA,
2006.Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor
Products, EPA-HQ-OPP-2008-0331-0021; USEPA, 2008.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Stockpile Management WM-3
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Description and Purpose
Stockpile management procedures and practices are designed
to reduce or eliminate air and stormwater pollution from
stockpiles of soil, soil amendments, sand, paving materials such
as portland cement concrete (PCC) rubble, asphalt concrete
(AC), asphalt concrete rubble, aggregate base, aggregate sub
base or pre-mixed aggregate, asphalt minder (so called “cold
mix” asphalt), and pressure treated wood.
Suitable Applications
Implement in all projects that stockpile soil and other loose
materials.
Limitations
Plastic sheeting as a stockpile protection is temporary and
hard to manage in windy conditions. Where plastic is used,
consider use of plastic tarps with nylon reinforcement
which may be more durable than standard sheeting.
Plastic sheeting can increase runoff volume due to lack of
infiltration and potentially cause perimeter control failure.
Plastic sheeting breaks down faster in sunlight.
The use of Plastic materials and photodegradable plastics
should be avoided.
Implementation
Protection of stockpiles is a year-round requirement. To
properly manage stockpiles:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Stockpile Management WM-3
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On larger sites, a minimum of 50 ft separation from concentrated flows of stormwater,
drainage courses, and inlets is recommended.
After 14 days of inactivity, a stockpile is non-active and requires further protection described
below. All stockpiles are required to be protected as non-active stockpiles immediately if
they are not scheduled to be used within 14 days.
Protect all stockpiles from stormwater runon using temporary perimeter sediment barriers
such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE-5), silt fences
(SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14). Refer to the individual
fact sheet for each of these controls for installation information.
Implement wind erosion control practices as appropriate on all stockpiled material. For
specific information, see WE-1, Wind Erosion Control.
Manage stockpiles of contaminated soil in accordance with WM-7, Contaminated Soil
Management.
Place bagged materials on pallets and under cover.
Ensure that stockpile coverings are installed securely to protect from wind and rain.
Some plastic covers withstand weather and sunlight better than others. Select cover
materials or methods based on anticipated duration of use.
Protection of Non-Active Stockpiles
A stockpile is considered non-active if it either is not used for 14 days or if it is scheduled not to
be used for 14 days or more. Stockpiles need to be protected immediately if they are not
scheduled to be used within 14 days. Non-active stockpiles of the identified materials should be
protected as follows:
Soil stockpiles
Soil stockpiles should be covered or protected with soil stabilization measures and a
temporary perimeter sediment barrier at all times.
Temporary vegetation should be considered for topsoil piles that will be stockpiled for
extended periods.
Stockpiles of Portland cement concrete rubble, asphalt concrete, asphalt concrete rubble,
aggregate base, or aggregate sub base
Stockpiles should be covered and protected with a temporary perimeter sediment barrier at
all times.
Stockpiles of “cold mix”
Cold mix stockpiles should be placed on and covered with plastic sheeting or comparable
material at all times and surrounded by a berm.
Stockpiles of fly ash, stucco, hydrated lime
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Stockpiles of materials that may raise the pH of runoff (i.e., basic materials) should be
covered with plastic and surrounded by a berm.
Stockpiles/Storage of wood (Pressure treated with chromated copper arsenate or ammoniacal
copper zinc arsenate
Treated wood should be covered with plastic sheeting or comparable material at all times
and surrounded by a berm.
Protection of Active Stockpiles
A stockpile is active when it is being used or is scheduled to be used within 14 days of the
previous use. Active stockpiles of the identified materials should be protected as follows:
All stockpiles should be covered and protected with a temporary linear sediment barrier
prior to the onset of precipitation.
Stockpiles of “cold mix” and treated wood, and basic materials should be placed on and
covered with plastic sheeting or comparable material and surrounded by a berm prior to the
onset of precipitation.
The downstream perimeter of an active stockpile should be protected with a linear sediment
barrier or berm and runoff should be diverted around or away from the stockpile on the
upstream perimeter.
Costs
For cost information associated with stockpile protection refer to the individual erosion or
sediment control BMP fact sheet considered for implementation (For example, refer to SE-1 Silt
Fence for installation of silt fence around the perimeter of a stockpile.)
Inspection and Maintenance
Stockpiles must be inspected in accordance with General Permit requirements for the
associated project type and risk level. It is recommended that at a minimum, BMPs be
inspected weekly, prior to forecasted rain events, daily during extended rain events, and
after the conclusion of rain events.
It may be necessary to inspect stockpiles covered with plastic sheeting more frequently
during certain conditions (for example, high winds or extreme heat).
Repair and/or replace perimeter controls and covers as needed to keep them functioning
properly.
Sediment shall be removed when it reaches one-third of the barrier height.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
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Description and Purpose
Prevent or reduce the discharge of pollutants to drainage
systems or watercourses from leaks and spills by reducing the
chance for spills, stopping the source of spills, containing and
cleaning up spills, properly disposing of spill materials, and
training employees.
This best management practice covers only spill prevention and
control. However, WM-1, Materials Delivery and Storage, and
WM-2, Material Use, also contain useful information,
particularly on spill prevention. For information on wastes, see
the waste management BMPs in this section.
Suitable Applications
This BMP is suitable for all construction projects. Spill control
procedures are implemented anytime chemicals or hazardous
substances are stored on the construction site, including the
following materials:
Soil stabilizers/binders
Dust palliatives
Herbicides
Growth inhibitors
Fertilizers
Deicing/anti-icing chemicals
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Spill Prevention and Control WM-4
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Fuels
Lubricants
Other petroleum distillates
Limitations
In some cases it may be necessary to use a private spill cleanup company.
This BMP applies to spills caused by the contractor and subcontractors.
Procedures and practices presented in this BMP are general. Contractor should identify
appropriate practices for the specific materials used or stored onsite
Implementation
The following steps will help reduce the stormwater impacts of leaks and spills:
Education
Be aware that different materials pollute in different amounts. Make sure that each
employee knows what a “significant spill” is for each material they use, and what is the
appropriate response for “significant” and “insignificant” spills.
Educate employees and subcontractors on potential dangers to humans and the
environment from spills and leaks.
Hold regular meetings to discuss and reinforce appropriate disposal procedures (incorporate
into regular safety meetings).
Establish a continuing education program to indoctrinate new employees.
Have contractor’s superintendent or representative oversee and enforce proper spill
prevention and control measures.
General Measures
To the extent that the work can be accomplished safely, spills of oil, petroleum products,
substances listed under 40 CFR parts 110,117, and 302, and sanitary and septic wastes
should be contained and cleaned up immediately.
Store hazardous materials and wastes in covered containers and protect from vandalism.
Place a stockpile of spill cleanup materials where it will be readily accessible.
Train employees in spill prevention and cleanup.
Designate responsible individuals to oversee and enforce control measures.
Spills should be covered and protected from stormwater runon during rainfall to the extent
that it doesn’t compromise clean up activities.
Do not bury or wash spills with water.
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Store and dispose of used clean up materials, contaminated materials, and recovered spill
material that is no longer suitable for the intended purpose in conformance with the
provisions in applicable BMPs.
Do not allow water used for cleaning and decontamination to enter storm drains or
watercourses. Collect and dispose of contaminated water in accordance with WM-10, Liquid
Waste Management.
Contain water overflow or minor water spillage and do not allow it to discharge into
drainage facilities or watercourses.
Place proper storage, cleanup, and spill reporting instructions for hazardous materials
stored or used on the project site in an open, conspicuous, and accessible location.
Keep waste storage areas clean, well organized, and equipped with ample cleanup supplies
as appropriate for the materials being stored. Perimeter controls, containment structures,
covers, and liners should be repaired or replaced as needed to maintain proper function.
Cleanup
Clean up leaks and spills immediately.
Use a rag for small spills on paved surfaces, a damp mop for general cleanup, and absorbent
material for larger spills. If the spilled material is hazardous, then the used cleanup
materials are also hazardous and must be sent to either a certified laundry (rags) or disposed
of as hazardous waste.
Never hose down or bury dry material spills. Clean up as much of the material as possible
and dispose of properly. See the waste management BMPs in this section for specific
information.
Minor Spills
Minor spills typically involve small quantities of oil, gasoline, paint, etc. which can be
controlled by the first responder at the discovery of the spill.
Use absorbent materials on small spills rather than hosing down or burying the spill.
Absorbent materials should be promptly removed and disposed of properly.
Follow the practice below for a minor spill:
Contain the spread of the spill.
Recover spilled materials.
Clean the contaminated area and properly dispose of contaminated materials.
Semi-Significant Spills
Semi-significant spills still can be controlled by the first responder along with the aid of
other personnel such as laborers and the foreman, etc. This response may require the
cessation of all other activities.
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Spills should be cleaned up immediately:
Contain spread of the spill.
Notify the project foreman immediately.
If the spill occurs on paved or impermeable surfaces, clean up using "dry" methods
(absorbent materials, cat litter and/or rags). Contain the spill by encircling with
absorbent materials and do not let the spill spread widely.
If the spill occurs in dirt areas, immediately contain the spill by constructing an earthen
dike. Dig up and properly dispose of contaminated soil.
If the spill occurs during rain, cover spill with tarps or other material to prevent
contaminating runoff.
Significant/Hazardous Spills
For significant or hazardous spills that cannot be controlled by personnel in the immediate
vicinity, the following steps should be taken:
Notify the local emergency response by dialing 911. In addition to 911, the contractor will
notify the proper county officials. It is the contractor's responsibility to have all
emergency phone numbers at the construction site.
Notify the Governor's Office of Emergency Services Warning Center, (916) 845-8911.
For spills of federal reportable quantities, in conformance with the requirements in 40
CFR parts 110,119, and 302, the contractor should notify the National Response Center
at (800) 424-8802.
Notification should first be made by telephone and followed up with a written report.
The services of a spills contractor or a Haz-Mat team should be obtained immediately.
Construction personnel should not attempt to clean up until the appropriate and
qualified staffs have arrived at the job site.
Other agencies which may need to be consulted include, but are not limited to, the Fire
Department, the Public Works Department, the Coast Guard, the Highway Patrol, the
City/County Police Department, Department of Toxic Substances, California Division of
Oil and Gas, Cal/OSHA, etc.
Reporting
Report significant spills to local agencies, such as the Fire Department; they can assist in
cleanup.
Federal regulations require that any significant oil spill into a water body or onto an
adjoining shoreline be reported to the National Response Center (NRC) at 800-424-8802
(24 hours).
Use the following measures related to specific activities:
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Vehicle and Equipment Maintenance
If maintenance must occur onsite, use a designated area and a secondary containment,
located away from drainage courses, to prevent the runon of stormwater and the runoff of
spills.
Regularly inspect onsite vehicles and equipment for leaks and repair immediately
Check incoming vehicles and equipment (including delivery trucks, and employee and
subcontractor vehicles) for leaking oil and fluids. Do not allow leaking vehicles or
equipment onsite.
Always use secondary containment, such as a drain pan or drop cloth, to catch spills or leaks
when removing or changing fluids.
Place drip pans or absorbent materials under paving equipment when not in use.
Use absorbent materials on small spills rather than hosing down or burying the spill.
Remove the absorbent materials promptly and dispose of properly.
Promptly transfer used fluids to the proper waste or recycling drums. Don’t leave full drip
pans or other open containers lying around
Oil filters disposed of in trashcans or dumpsters can leak oil and pollute stormwater. Place
the oil filter in a funnel over a waste oil-recycling drum to drain excess oil before disposal.
Oil filters can also be recycled. Ask the oil supplier or recycler about recycling oil filters.
Store cracked batteries in a non-leaking secondary container. Do this with all cracked
batteries even if you think all the acid has drained out. If you drop a battery, treat it as if it is
cracked. Put it into the containment area until you are sure it is not leaking.
Vehicle and Equipment Fueling
If fueling must occur onsite, use designate areas, located away from drainage courses, to
prevent the runon of stormwater and the runoff of spills.
Discourage “topping off” of fuel tanks.
Always use secondary containment, such as a drain pan, when fueling to catch spills/ leaks.
Costs
Prevention of leaks and spills is inexpensive. Treatment and/ or disposal of contaminated soil
or water can be quite expensive.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
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Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Keep ample supplies of spill control and cleanup materials onsite, near storage, unloading,
and maintenance areas.
Update your spill prevention and control plan and stock cleanup materials as changes occur
in the types of chemicals onsite.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Solid Waste Management WM-5
January 2011 California Stormwater BMP Handbook 1 of 4
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www.casqa.org
Description and Purpose
Solid waste management procedures and practices are designed
to prevent or reduce the discharge of pollutants to stormwater
from solid or construction waste by providing designated waste
collection areas and containers, arranging for regular disposal,
and training employees and subcontractors.
Suitable Applications
This BMP is suitable for construction sites where the following
wastes are generated or stored:
Solid waste generated from trees and shrubs removed
during land clearing, demolition of existing structures
(rubble), and building construction
Packaging materials including wood, paper, and plastic
Scrap or surplus building materials including scrap metals,
rubber, plastic, glass pieces, and masonry products
Domestic wastes including food containers such as beverage
cans, coffee cups, paper bags, plastic wrappers, and
cigarettes
Construction wastes including brick, mortar, timber, steel
and metal scraps, pipe and electrical cuttings, non-
hazardous equipment parts, styrofoam and other materials
used to transport and package construction materials
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Solid Waste Management WM-5
January 2011 California Stormwater BMP Handbook 2 of 4
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Highway planting wastes, including vegetative material, plant containers, and packaging
materials
Limitations
Temporary stockpiling of certain construction wastes may not necessitate stringent drainage
related controls during the non-rainy season or in desert areas with low rainfall.
Implementation
The following steps will help keep a clean site and reduce stormwater pollution:
Select designated waste collection areas onsite.
Inform trash-hauling contractors that you will accept only watertight dumpsters for onsite
use. Inspect dumpsters for leaks and repair any dumpster that is not watertight.
Locate containers in a covered area or in a secondary containment.
Provide an adequate number of containers with lids or covers that can be placed over the
container to keep rain out or to prevent loss of wastes when it is windy.
Cover waste containers at the end of each work day and when it is raining.
Plan for additional containers and more frequent pickup during the demolition phase of
construction.
Collect site trash daily, especially during rainy and windy conditions.
Remove this solid waste promptly since erosion and sediment control devices tend to collect
litter.
Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids,
pesticides, additives, curing compounds) are not disposed of in dumpsters designated for
construction debris.
Do not hose out dumpsters on the construction site. Leave dumpster cleaning to the trash
hauling contractor.
Arrange for regular waste collection before containers overflow.
Clean up immediately if a container does spill.
Make sure that construction waste is collected, removed, and disposed of only at authorized
disposal areas.
Education
Have the contractor’s superintendent or representative oversee and enforce proper solid
waste management procedures and practices.
Instruct employees and subcontractors on identification of solid waste and hazardous waste.
Educate employees and subcontractors on solid waste storage and disposal procedures.
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Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular
safety meetings).
Require that employees and subcontractors follow solid waste handling and storage
procedures.
Prohibit littering by employees, subcontractors, and visitors.
Minimize production of solid waste materials wherever possible.
Collection, Storage, and Disposal
Littering on the project site should be prohibited.
To prevent clogging of the storm drainage system, litter and debris removal from drainage
grates, trash racks, and ditch lines should be a priority.
Trash receptacles should be provided in the contractor’s yard, field trailer areas, and at
locations where workers congregate for lunch and break periods.
Litter from work areas within the construction limits of the project site should be collected
and placed in watertight dumpsters at least weekly, regardless of whether the litter was
generated by the contractor, the public, or others. Collected litter and debris should not be
placed in or next to drain inlets, stormwater drainage systems, or watercourses.
Dumpsters of sufficient size and number should be provided to contain the solid waste
generated by the project.
Full dumpsters should be removed from the project site and the contents should be disposed
of by the trash hauling contractor.
Construction debris and waste should be removed from the site biweekly or more frequently
as needed.
Construction material visible to the public should be stored or stacked in an orderly manner.
Stormwater runon should be prevented from contacting stored solid waste through the use
of berms, dikes, or other temporary diversion structures or through the use of measures to
elevate waste from site surfaces.
Solid waste storage areas should be located at least 50 ft from drainage facilities and
watercourses and should not be located in areas prone to flooding or ponding.
Except during fair weather, construction and highway planting waste not stored in
watertight dumpsters should be securely covered from wind and rain by covering the waste
with tarps or plastic.
Segregate potentially hazardous waste from non-hazardous construction site waste.
Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids,
pesticides, additives, curing compounds) are not disposed of in dumpsters designated for
construction debris.
Solid Waste Management WM-5
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For disposal of hazardous waste, see WM-6, Hazardous Waste Management. Have
hazardous waste hauled to an appropriate disposal and/or recycling facility.
Salvage or recycle useful vegetation debris, packaging and surplus building materials when
practical. For example, trees and shrubs from land clearing can be used as a brush barrier,
or converted into wood chips, then used as mulch on graded areas. Wood pallets, cardboard
boxes, and construction scraps can also be recycled.
Costs
All of the above are low cost measures.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur
Inspect construction waste area regularly.
Arrange for regular waste collection.
References
Processes, Procedures and Methods to Control Pollution Resulting from All Construction
Activity, 430/9-73-007, USEPA, 1973.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Hazardous Waste Management WM-6
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Description and Purpose
Prevent or reduce the discharge of pollutants to stormwater from
hazardous waste through proper material use, waste disposal,
and training of employees and subcontractors.
Suitable Applications
This best management practice (BMP) applies to all construction
projects. Hazardous waste management practices are
implemented on construction projects that generate waste from
the use of:
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Petroleum Products Asphalt Products
Concrete Curing Compounds Pesticides
Palliatives Acids
Septic Wastes Paints
Stains Solvents
Wood Preservatives Roofing Tar
Any materials deemed a hazardous waste in California,
Title 22 Division 4.5, or listed in 40 CFR Parts 110, 117,
261, or 302
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In addition, sites with existing structures may contain wastes, which must be disposed of in
accordance with federal, state, and local regulations. These wastes include:
Sandblasting grit mixed with lead-, cadmium-, or chromium-based paints
Asbestos
PCBs (particularly in older transformers)
Limitations
Hazardous waste that cannot be reused or recycled must be disposed of by a licensed
hazardous waste hauler.
Nothing in this BMP relieves the contractor from responsibility for compliance with federal,
state, and local laws regarding storage, handling, transportation, and disposal of hazardous
wastes.
This BMP does not cover aerially deposited lead (ADL) soils. For ADL soils refer to WM-7,
Contaminated Soil Management.
Implementation
The following steps will help reduce stormwater pollution from hazardous wastes:
Material Use
Wastes should be stored in sealed containers constructed of a suitable material and should
be labeled as required by Title 22 CCR, Division 4.5 and 49 CFR Parts 172, 173, 178, and 179.
All hazardous waste should be stored, transported, and disposed as required in Title 22 CCR,
Division 4.5 and 49 CFR 261-263.
Waste containers should be stored in temporary containment facilities that should comply
with the following requirements:
Temporary containment facility should provide for a spill containment volume equal to
1.5 times the volume of all containers able to contain precipitation from a 25 year storm
event, plus the greater of 10% of the aggregate volume of all containers or 100% of the
capacity of the largest tank within its boundary, whichever is greater.
Temporary containment facility should be impervious to the materials stored there for a
minimum contact time of 72 hours.
Temporary containment facilities should be maintained free of accumulated rainwater
and spills. In the event of spills or leaks, accumulated rainwater and spills should be
placed into drums after each rainfall. These liquids should be handled as a hazardous
waste unless testing determines them to be non-hazardous. Non-hazardous liquids
should be sent to an approved disposal site.
Sufficient separation should be provided between stored containers to allow for spill
cleanup and emergency response access.
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Incompatible materials, such as chlorine and ammonia, should not be stored in the same
temporary containment facility.
Throughout the rainy season, temporary containment facilities should be covered during
non-working days, and prior to rain events. Covered facilities may include use of plastic
tarps for small facilities or constructed roofs with overhangs.
Drums should not be overfilled and wastes should not be mixed.
Unless watertight, containers of dry waste should be stored on pallets.
Do not over-apply herbicides and pesticides. Prepare only the amount needed. Follow the
recommended usage instructions. Over application is expensive and environmentally
harmful. Apply surface dressings in several smaller applications, as opposed to one large
application. Allow time for infiltration and avoid excess material being carried offsite by
runoff. Do not apply these chemicals just before it rains. People applying pesticides must be
certified in accordance with federal and state regulations.
Paint brushes and equipment for water and oil based paints should be cleaned within a
contained area and should not be allowed to contaminate site soils, watercourses, or
drainage systems. Waste paints, thinners, solvents, residues, and sludges that cannot be
recycled or reused should be disposed of as hazardous waste. When thoroughly dry, latex
paint and paint cans, used brushes, rags, absorbent materials, and drop cloths should be
disposed of as solid waste.
Do not clean out brushes or rinse paint containers into the dirt, street, gutter, storm drain,
or stream. “Paint out” brushes as much as possible. Rinse water-based paints to the
sanitary sewer. Filter and reuse thinners and solvents. Dispose of excess oil-based paints
and sludge as hazardous waste.
The following actions should be taken with respect to temporary contaminant:
Ensure that adequate hazardous waste storage volume is available.
Ensure that hazardous waste collection containers are conveniently located.
Designate hazardous waste storage areas onsite away from storm drains or watercourses
and away from moving vehicles and equipment to prevent accidental spills.
Minimize production or generation of hazardous materials and hazardous waste on the
job site.
Use containment berms in fueling and maintenance areas and where the potential for
spills is high.
Segregate potentially hazardous waste from non-hazardous construction site debris.
Keep liquid or semi-liquid hazardous waste in appropriate containers (closed drums or
similar) and under cover.
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Clearly label all hazardous waste containers with the waste being stored and the date of
accumulation.
Place hazardous waste containers in secondary containment.
Do not allow potentially hazardous waste materials to accumulate on the ground.
Do not mix wastes.
Use all of the product before disposing of the container.
Do not remove the original product label; it contains important safety and disposal
information.
Waste Recycling Disposal
Select designated hazardous waste collection areas onsite.
Hazardous materials and wastes should be stored in covered containers and protected from
vandalism.
Place hazardous waste containers in secondary containment.
Do not mix wastes, this can cause chemical reactions, making recycling impossible and
complicating disposal.
Recycle any useful materials such as used oil or water-based paint.
Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids,
pesticides, additives, curing compounds) are not disposed of in dumpsters designated for
construction debris.
Arrange for regular waste collection before containers overflow.
Make sure that hazardous waste (e.g., excess oil-based paint and sludge) is collected,
removed, and disposed of only at authorized disposal areas.
Disposal Procedures
Waste should be disposed of by a licensed hazardous waste transporter at an authorized and
licensed disposal facility or recycling facility utilizing properly completed Uniform
Hazardous Waste Manifest forms.
A Department of Health Services certified laboratory should sample waste to determine the
appropriate disposal facility.
Properly dispose of rainwater in secondary containment that may have mixed with
hazardous waste.
Attention is directed to "Hazardous Material", "Contaminated Material", and "Aerially
Deposited Lead" of the contract documents regarding the handling and disposal of
hazardous materials.
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Education
Educate employees and subcontractors on hazardous waste storage and disposal procedures.
Educate employees and subcontractors on potential dangers to humans and the
environment from hazardous wastes.
Instruct employees and subcontractors on safety procedures for common construction site
hazardous wastes.
Instruct employees and subcontractors in identification of hazardous and solid waste.
Hold regular meetings to discuss and reinforce hazardous waste management procedures
(incorporate into regular safety meetings).
The contractor’s superintendent or representative should oversee and enforce proper
hazardous waste management procedures and practices.
Make sure that hazardous waste is collected, removed, and disposed of only at authorized
disposal areas.
Warning signs should be placed in areas recently treated with chemicals.
Place a stockpile of spill cleanup materials where it will be readily accessible.
If a container does spill, clean up immediately.
Costs
All of the above are low cost measures.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events..
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur
Hazardous waste should be regularly collected.
A foreman or construction supervisor should monitor onsite hazardous waste storage and
disposal procedures.
Waste storage areas should be kept clean, well organized, and equipped with ample cleanup
supplies as appropriate for the materials being stored.
Perimeter controls, containment structures, covers, and liners should be repaired or
replaced as needed to maintain proper function.
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Hazardous spills should be cleaned up and reported in conformance with the applicable
Material Safety Data Sheet (MSDS) and the instructions posted at the project site.
The National Response Center, at (800) 424-8802, should be notified of spills of federal
reportable quantities in conformance with the requirements in 40 CFR parts 110, 117, and
302. Also notify the Governors Office of Emergency Services Warning Center at (916) 845-
8911.
A copy of the hazardous waste manifests should be provided.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Processes, Procedures and Methods to Control Pollution Resulting from All Construction
Activity, 430/9-73-007, USEPA, 1973.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Contaminated Soil Management WM-7
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Description and Purpose
Prevent or reduce the discharge of pollutants to stormwater
from contaminated soil and highly acidic or alkaline soils by
conducting pre-construction surveys, inspecting excavations
regularly, and remediating contaminated soil promptly.
Suitable Applications
Contaminated soil management is implemented on
construction projects in highly urbanized or industrial areas
where soil contamination may have occurred due to spills, illicit
discharges, aerial deposition, past use and leaks from
underground storage tanks.
Limitations
Contaminated soils that cannot be treated onsite must be
disposed of offsite by a licensed hazardous waste hauler. The
presence of contaminated soil may indicate contaminated water
as well. See NS-2, Dewatering Operations, for more
information.
The procedures and practices presented in this BMP are
general. The contractor should identify appropriate practices
and procedures for the specific contaminants known to exist or
discovered onsite.
Implementation
Most owners and developers conduct pre-construction
environmental assessments as a matter of routine.
Contaminated soils are often identified during project planning
and development with known locations identified in the plans,
specifications and in the SWPPP. The contractor should review
applicable reports and investigate appropriate call-outs in the
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Contaminated Soil Management WM-7
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plans, specifications, and SWPPP. Recent court rulings holding contractors liable for cleanup
costs when they unknowingly move contaminated soil highlight the need for contractors to
confirm a site assessment is completed before earth moving begins.
The following steps will help reduce stormwater pollution from contaminated soil:
Conduct thorough, pre-construction inspections of the site and review documents related to
the site. If inspection or reviews indicated presence of contaminated soils, develop a plan
before starting work.
Look for contaminated soil as evidenced by discoloration, odors, differences in soil
properties, abandoned underground tanks or pipes, or buried debris.
Prevent leaks and spills. Contaminated soil can be expensive to treat and dispose of
properly. However, addressing the problem before construction is much less expensive than
after the structures are in place.
The contractor may further identify contaminated soils by investigating:
Past site uses and activities
Detected or undetected spills and leaks
Acid or alkaline solutions from exposed soil or rock formations high in acid or alkaline
forming elements
Contaminated soil as evidenced by discoloration, odors, differences in soil properties,
abandoned underground tanks or pipes, or buried debris.
Suspected soils should be tested at a certified laboratory.
Education
Have employees and subcontractors complete a safety training program which meets 29
CFR 1910.120 and 8 CCR 5192 covering the potential hazards as identified, prior to
performing any excavation work at the locations containing material classified as hazardous.
Educate employees and subcontractors in identification of contaminated soil and on
contaminated soil handling and disposal procedures.
Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular
safety meetings).
Handling Procedures for Material with Aerially Deposited Lead (ADL)
Materials from areas designated as containing (ADL) may, if allowed by the contract special
provisions, be excavated, transported, and used in the construction of embankments and/or
backfill.
Excavation, transportation, and placement operations should result in no visible dust.
Caution should be exercised to prevent spillage of lead containing material during transport.
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Quality should be monitored during excavation of soils contaminated with lead.
Handling Procedures for Contaminated Soils
Minimize onsite storage. Contaminated soil should be disposed of properly in accordance
with all applicable regulations. All hazardous waste storage will comply with the
requirements in Title 22, CCR, Sections 66265.250 to 66265.260.
Test suspected soils at an approved certified laboratory.
Work with the local regulatory agencies to develop options for treatment or disposal if the
soil is contaminated.
Avoid temporary stockpiling of contaminated soils or hazardous material.
Take the following precautions if temporary stockpiling is necessary:
Cover the stockpile with plastic sheeting or tarps.
Install a berm around the stockpile to prevent runoff from leaving the area.
Do not stockpile in or near storm drains or watercourses.
Remove contaminated material and hazardous material on exteriors of transport vehicles
and place either into the current transport vehicle or into the excavation prior to the vehicle
leaving the exclusion zone.
Monitor the air quality continuously during excavation operations at all locations containing
hazardous material.
Procure all permits and licenses, pay all charges and fees, and give all notices necessary and
incident to the due and lawful prosecution of the work, including registration for
transporting vehicles carrying the contaminated material and the hazardous material.
Collect water from decontamination procedures and treat or dispose of it at an appropriate
disposal site.
Collect non-reusable protective equipment, once used by any personnel, and dispose of at an
appropriate disposal site.
Install temporary security fence to surround and secure the exclusion zone. Remove fencing
when no longer needed.
Excavate, transport, and dispose of contaminated material and hazardous material in
accordance with the rules and regulations of the following agencies (the specifications of
these agencies supersede the procedures outlined in this BMP):
United States Department of Transportation (USDOT)
United States Environmental Protection Agency (USEPA)
California Environmental Protection Agency (CAL-EPA)
Contaminated Soil Management WM-7
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California Division of Occupation Safety and Health Administration (CAL-OSHA)
Local regulatory agencies
Procedures for Underground Storage Tank Removals
Prior to commencing tank removal operations, obtain the required underground storage
tank removal permits and approval from the federal, state, and local agencies that have
jurisdiction over such work.
To determine if it contains hazardous substances, arrange to have tested, any liquid or
sludge found in the underground tank prior to its removal.
Following the tank removal, take soil samples beneath the excavated tank and perform
analysis as required by the local agency representative(s).
The underground storage tank, any liquid or sludge found within the tank, and all
contaminated substances and hazardous substances removed during the tank removal and
transported to disposal facilities permitted to accept such waste.
Water Control
All necessary precautions and preventive measures should be taken to prevent the flow of
water, including ground water, from mixing with hazardous substances or underground
storage tank excavations. Such preventative measures may consist of, but are not limited to,
berms, cofferdams, grout curtains, freeze walls, and seal course concrete or any combination
thereof.
If water does enter an excavation and becomes contaminated, such water, when necessary to
proceed with the work, should be discharged to clean, closed top, watertight transportable
holding tanks, treated, and disposed of in accordance with federal, state, and local laws.
Costs
Prevention of leaks and spills is inexpensive. Treatment or disposal of contaminated soil can be
quite expensive.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect BMPs
in accordance with General Permit requirements for the associated project type and risk
level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted
rain events, daily during extended rain events, and after the conclusion of rain events.
Arrange for contractor’s Water Pollution Control Manager, foreman, and/or construction
supervisor to monitor onsite contaminated soil storage and disposal procedures.
Monitor air quality continuously during excavation operations at all locations containing
hazardous material.
Coordinate contaminated soils and hazardous substances/waste management with the
appropriate federal, state, and local agencies.
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Implement WM-4, Spill Prevention and Control, to prevent leaks and spills as much as
possible.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Processes, Procedures and Methods to Control Pollution Resulting from All Construction
Activity, 430/9-73-007, USEPA, 1973.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Concrete Waste Management WM-8
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Description and Purpose
Prevent the discharge of pollutants to stormwater from
concrete waste by conducting washout onsite or offsite in a
designated area, and by employee and subcontractor training.
The General Permit incorporates Numeric Action Levels (NAL)
for pH (see Section 2 of this handbook to determine your
project’s risk level and if you are subject to these requirements).
Many types of construction materials, including mortar,
concrete, stucco, cement and block and their associated wastes
have basic chemical properties that can raise pH levels outside
of the permitted range. Additional care should be taken when
managing these materials to prevent them from coming into
contact with stormwater flows and raising pH to levels outside
the accepted range.
Suitable Applications
Concrete waste management procedures and practices are
implemented on construction projects where:
Concrete is used as a construction material or where
concrete dust and debris result from demolition activities.
Slurries containing portland cement concrete (PCC) are
generated, such as from saw cutting, coring, grinding,
grooving, and hydro-concrete demolition.
Concrete trucks and other concrete-coated equipment are
washed onsite.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Concrete Waste Management WM-8
July 2012 California Stormwater BMP Handbook 2 of 7
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Mortar-mixing stations exist.
Stucco mixing and spraying.
See also NS-8, Vehicle and Equipment Cleaning.
Limitations
Offsite washout of concrete wastes may not always be possible.
Multiple washouts may be needed to assure adequate capacity and to allow for evaporation.
Implementation
The following steps will help reduce stormwater pollution from concrete wastes:
Incorporate requirements for concrete waste management into material supplier and
subcontractor agreements.
Store dry and wet materials under cover, away from drainage areas. Refer to WM-1, Material
Delivery and Storage for more information.
Avoid mixing excess amounts of concrete.
Perform washout of concrete trucks in designated areas only, where washout will not reach
stormwater.
Do not wash out concrete trucks into storm drains, open ditches, streets, streams or onto the
ground. Trucks should always be washed out into designated facilities.
Do not allow excess concrete to be dumped onsite, except in designated areas.
For onsite washout:
On larger sites, it is recommended to locate washout areas at least 50 feet from storm
drains, open ditches, or water bodies. Do not allow runoff from this area by constructing
a temporary pit or bermed area large enough for liquid and solid waste.
Washout wastes into the temporary washout where the concrete can set, be broken up,
and then disposed properly.
Washouts shall be implemented in a manner that prevents leaching to underlying soils.
Washout containers must be water tight and washouts on or in the ground must be lined
with a suitable impervious liner, typically a plastic type material.
Do not wash sweepings from exposed aggregate concrete into the street or storm drain.
Collect and return sweepings to aggregate base stockpile or dispose in the trash.
See typical concrete washout installation details at the end of this fact sheet.
Education
Educate employees, subcontractors, and suppliers on the concrete waste management
techniques described herein.
Concrete Waste Management WM-8
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Arrange for contractor’s superintendent or representative to oversee and enforce concrete
waste management procedures.
Discuss the concrete management techniques described in this BMP (such as handling of
concrete waste and washout) with the ready-mix concrete supplier before any deliveries are
made.
Concrete Demolition Wastes
Stockpile concrete demolition waste in accordance with BMP WM-3, Stockpile Management.
Dispose of or recycle hardened concrete waste in accordance with applicable federal, state or
local regulations.
Concrete Slurry Wastes
PCC and AC waste should not be allowed to enter storm drains or watercourses.
PCC and AC waste should be collected and disposed of or placed in a temporary concrete
washout facility (as described in Onsite Temporary Concrete Washout Facility, Concrete
Transit Truck Washout Procedures, below).
A foreman or construction supervisor should monitor onsite concrete working tasks, such as
saw cutting, coring, grinding and grooving to ensure proper methods are implemented.
Saw-cut concrete slurry should not be allowed to enter storm drains or watercourses.
Residue from grinding operations should be picked up by means of a vacuum attachment to
the grinding machine or by sweeping. Saw cutting residue should not be allowed to flow
across the pavement and should not be left on the surface of the pavement. See also NS-3,
Paving and Grinding Operations; and WM-10, Liquid Waste Management.
Concrete slurry residue should be disposed in a temporary washout facility (as described in
Onsite Temporary Concrete Washout Facility, Concrete Transit Truck Washout Procedures,
below) and allowed to dry. Dispose of dry slurry residue in accordance with WM-5, Solid
Waste Management.
Onsite Temporary Concrete Washout Facility, Transit Truck Washout
Procedures
Temporary concrete washout facilities should be located a minimum of 50 ft from storm
drain inlets, open drainage facilities, and watercourses. Each facility should be located away
from construction traffic or access areas to prevent disturbance or tracking.
A sign should be installed adjacent to each washout facility to inform concrete equipment
operators to utilize the proper facilities.
Temporary concrete washout facilities should be constructed above grade or below grade at
the option of the contractor. Temporary concrete washout facilities should be constructed
and maintained in sufficient quantity and size to contain all liquid and concrete waste
generated by washout operations.
Concrete Waste Management WM-8
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Temporary washout facilities should have a temporary pit or bermed areas of sufficient
volume to completely contain all liquid and waste concrete materials generated during
washout procedures.
Temporary washout facilities should be lined to prevent discharge to the underlying ground
or surrounding area.
Washout of concrete trucks should be performed in designated areas only.
Only concrete from mixer truck chutes should be washed into concrete wash out.
Concrete washout from concrete pumper bins can be washed into concrete pumper trucks
and discharged into designated washout area or properly disposed of or recycled offsite.
Once concrete wastes are washed into the designated area and allowed to harden, the
concrete should be broken up, removed, and disposed of per WM-5, Solid Waste
Management. Dispose of or recycle hardened concrete on a regular basis.
Temporary Concrete Washout Facility (Type Above Grade)
Temporary concrete washout facility (type above grade) should be constructed as shown
on the details at the end of this BMP, with a recommended minimum length and
minimum width of 10 ft; however, smaller sites or jobs may only need a smaller washout
facility. With any washout, always maintain a sufficient quantity and volume to contain
all liquid and concrete waste generated by washout operations.
Materials used to construct the washout area should conform to the provisions detailed
in their respective BMPs (e.g., SE-8 Sandbag Barrier).
Plastic lining material should be a minimum of 10 mil in polyethylene sheeting and
should be free of holes, tears, or other defects that compromise the impermeability of the
material.
Alternatively, portable removable containers can be used as above grade concrete
washouts. Also called a “roll-off”; this concrete washout facility should be properly
sealed to prevent leakage, and should be removed from the site and replaced when the
container reaches 75% capacity.
Temporary Concrete Washout Facility (Type Below Grade)
Temporary concrete washout facilities (type below grade) should be constructed as
shown on the details at the end of this BMP, with a recommended minimum length and
minimum width of 10 ft. The quantity and volume should be sufficient to contain all
liquid and concrete waste generated by washout operations.
Lath and flagging should be commercial type.
Plastic lining material should be a minimum of 10 mil polyethylene sheeting and should
be free of holes, tears, or other defects that compromise the impermeability of the
material.
Concrete Waste Management WM-8
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The base of a washout facility should be free of rock or debris that may damage a plastic
liner.
Removal of Temporary Concrete Washout Facilities
When temporary concrete washout facilities are no longer required for the work, the
hardened concrete should be removed and properly disposed or recycled in accordance with
federal, state or local regulations. Materials used to construct temporary concrete washout
facilities should be removed from the site of the work and properly disposed or recycled in
accordance with federal, state or local regulations..
Holes, depressions or other ground disturbance caused by the removal of the temporary
concrete washout facilities should be backfilled and repaired.
Costs
All of the above are low cost measures. Roll-0ff concrete washout facilities can be more costly
than other measures due to removal and replacement; however, provide a cleaner alternative to
traditional washouts. The type of washout facility, size, and availability of materials will
determine the cost of the washout.
Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Temporary concrete washout facilities should be maintained to provide adequate holding
capacity with a minimum freeboard of 4 in. for above grade facilities and 12 in. for below
grade facilities. Maintaining temporary concrete washout facilities should include removing
and disposing of hardened concrete and returning the facilities to a functional condition.
Hardened concrete materials should be removed and properly disposed or recycled in
accordance with federal, state or local regulations.
Washout facilities must be cleaned, or new facilities must be constructed and ready for use
once the washout is 75% full.
Inspect washout facilities for damage (e.g. torn liner, evidence of leaks, signage, etc.). Repair
all identified damage.
References
Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from
Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program,
1995.
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000, Updated March
2003.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Concrete Waste Management WM-8
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Concrete Waste Management WM-8
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Sanitary/Septic Waste Management WM-9
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Description and Purpose
Proper sanitary and septic waste management prevent the
discharge of pollutants to stormwater from sanitary and septic
waste by providing convenient, well-maintained facilities, and
arranging for regular service and disposal.
Suitable Applications
Sanitary septic waste management practices are suitable for use
at all construction sites that use temporary or portable sanitary
and septic waste systems.
Limitations
None identified.
Implementation
Sanitary or septic wastes should be treated or disposed of in
accordance with state and local requirements. In many cases,
one contract with a local facility supplier will be all that it takes
to make sure sanitary wastes are properly disposed.
Storage and Disposal Procedures
Temporary sanitary facilities should be located away from
drainage facilities, watercourses, and from traffic
circulation. If site conditions allow, place portable facilities
a minimum of 50 feet from drainage conveyances and
traffic areas. When subjected to high winds or risk of high
winds, temporary sanitary facilities should be secured to
prevent overturning.
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Category
Secondary Category
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Sanitary/Septic Waste Management WM-9
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Temporary sanitary facilities must be equipped with containment to prevent discharge of
pollutants to the stormwater drainage system of the receiving water.
Consider safety as well as environmental implications before placing temporary sanitary
facilities.
Wastewater should not be discharged or buried within the project site.
Sanitary and septic systems that discharge directly into sanitary sewer systems, where
permissible, should comply with the local health agency, city, county, and sewer district
requirements.
Only reputable, licensed sanitary and septic waste haulers should be used.
Sanitary facilities should be located in a convenient location.
Temporary septic systems should treat wastes to appropriate levels before discharging.
If using an onsite disposal system (OSDS), such as a septic system, local health agency
requirements must be followed.
Temporary sanitary facilities that discharge to the sanitary sewer system should be properly
connected to avoid illicit discharges.
Sanitary and septic facilities should be maintained in good working order by a licensed
service.
Regular waste collection by a licensed hauler should be arranged before facilities overflow.
If a spill does occur from a temporary sanitary facility, follow federal, state and local
regulations for containment and clean-up.
Education
Educate employees, subcontractors, and suppliers on sanitary and septic waste storage and
disposal procedures.
Educate employees, subcontractors, and suppliers of potential dangers to humans and the
environment from sanitary and septic wastes.
Instruct employees, subcontractors, and suppliers in identification of sanitary and septic
waste.
Hold regular meetings to discuss and reinforce the use of sanitary facilities (incorporate into
regular safety meetings).
Establish a continuing education program to indoctrinate new employees.
Costs
All of the above are low cost measures.
Sanitary/Septic Waste Management WM-9
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Inspection and Maintenance
BMPs must be inspected in accordance with General Permit requirements for the associated
project type and risk level. It is recommended that at a minimum, BMPs be inspected
weekly, prior to forecasted rain events, daily during extended rain events, and after the
conclusion of rain events.
Arrange for regular waste collection.
If high winds are expected, portable sanitary facilities must be secured with spikes or
weighed down to prevent over turning.
If spills or leaks from sanitary or septic facilities occur that are not contained and discharge
from the site, non-visible sampling of site discharge may be required. Refer to the General
Permit or to your project specific Construction Site Monitoring Plan to determine if and
where sampling is required.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), March 2003.
Stormwater Management for Construction Activities; Developing Pollution Prevention Plans
and Best Management Practice, EPA 832-R-92005; USEPA, April 1992.
Liquid Waste Management WM-10
November 2009 California Stormwater BMP Handbook 1 of 4
Construction
www.casqa.org
Description and Purpose
Liquid waste management includes procedures and practices to
prevent discharge of pollutants to the storm drain system or to
watercourses as a result of the creation, collection, and disposal
of non-hazardous liquid wastes.
Suitable Applications
Liquid waste management is applicable to construction projects
that generate any of the following non-hazardous by-products,
residuals, or wastes:
Drilling slurries and drilling fluids
Grease-free and oil-free wastewater and rinse water
Dredgings
Other non-stormwater liquid discharges not permitted by
separate permits
Limitations
Disposal of some liquid wastes may be subject to specific
laws and regulations or to requirements of other permits
secured for the construction project (e.g., NPDES permits,
Army Corps permits, Coastal Commission permits, etc.).
Liquid waste management does not apply to dewatering
operations (NS-2 Dewatering Operations), solid waste
management (WM-5, Solid Waste Management), hazardous
wastes (WM-6, Hazardous Waste Management), or
Categories
EC Erosion Control
SE Sediment Control
TC Tracking Control
WE Wind Erosion Control
NS Non-Stormwater
Management Control
WM Waste Management and
Materials Pollution Control
Legend:
Primary Objective
Secondary Objective
Targeted Constituents
Sediment
Nutrients
Trash
Metals
Bacteria
Oil and Grease
Organics
Potential Alternatives
None
If User/Subscriber modifies this fact
sheet in any way, the CASQA
name/logo and footer below must be
removed from each page and not
appear on the modified version.
Liquid Waste Management WM-10
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concrete slurry residue (WM-8, Concrete Waste Management).
Typical permitted non-stormwater discharges can include: water line flushing; landscape
irrigation; diverted stream flows; rising ground waters; uncontaminated pumped ground
water; discharges from potable water sources; foundation drains; irrigation water; springs;
water from crawl space pumps; footing drains; lawn watering; flows from riparian habitats
and wetlands; and discharges or flows from emergency fire fighting activities.
Implementation
General Practices
Instruct employees and subcontractors how to safely differentiate between non-hazardous
liquid waste and potential or known hazardous liquid waste.
Instruct employees, subcontractors, and suppliers that it is unacceptable for any liquid waste
to enter any storm drainage device, waterway, or receiving water.
Educate employees and subcontractors on liquid waste generating activities and liquid waste
storage and disposal procedures.
Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular
safety meetings).
Verify which non-stormwater discharges are permitted by the statewide NPDES permit;
different regions might have different requirements not outlined in this permit.
Apply NS-8, Vehicle and Equipment Cleaning for managing wash water and rinse water
from vehicle and equipment cleaning operations.
Containing Liquid Wastes
Drilling residue and drilling fluids should not be allowed to enter storm drains and
watercourses and should be disposed of.
If an appropriate location is available, drilling residue and drilling fluids that are exempt
under Title 23, CCR § 2511(g) may be dried by infiltration and evaporation in a containment
facility constructed in conformance with the provisions concerning the Temporary Concrete
Washout Facilities detailed in WM-8, Concrete Waste Management.
Liquid wastes generated as part of an operational procedure, such as water-laden dredged
material and drilling mud, should be contained and not allowed to flow into drainage
channels or receiving waters prior to treatment.
Liquid wastes should be contained in a controlled area such as a holding pit, sediment basin,
roll-off bin, or portable tank.
Containment devices must be structurally sound and leak free.
Containment devices must be of sufficient quantity or volume to completely contain the
liquid wastes generated.
Liquid Waste Management WM-10
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Precautions should be taken to avoid spills or accidental releases of contained liquid wastes.
Apply the education measures and spill response procedures outlined in WM-4, Spill
Prevention and Control.
Containment areas or devices should not be located where accidental release of the
contained liquid can threaten health or safety or discharge to water bodies, channels, or
storm drains.
Capturing Liquid Wastes
Capture all liquid wastes that have the potential to affect the storm drainage system (such as
wash water and rinse water from cleaning walls or pavement), before they run off a surface.
Do not allow liquid wastes to flow or discharge uncontrolled. Use temporary dikes or berms
to intercept flows and direct them to a containment area or device for capture.
Use a sediment trap (SE-3, Sediment Trap) for capturing and treating sediment laden liquid
waste or capture in a containment device and allow sediment to settle.
Disposing of Liquid Wastes
A typical method to handle liquid waste is to dewater the contained liquid waste, using
procedures such as described in NS-2, Dewatering Operations, and SE-2, Sediment Basin,
and dispose of resulting solids per WM-5, Solid Waste Management.
Methods of disposal for some liquid wastes may be prescribed in Water Quality Reports,
NPDES permits, Environmental Impact Reports, 401 or 404 permits, and local agency
discharge permits, etc. Review the SWPPP to see if disposal methods are identified.
Liquid wastes, such as from dredged material, may require testing and certification whether
it is hazardous or not before a disposal method can be determined.
For disposal of hazardous waste, see WM-6, Hazardous Waste Management.
If necessary, further treat liquid wastes prior to disposal. Treatment may include, though is
not limited to, sedimentation, filtration, and chemical neutralization.
Costs
Prevention costs for liquid waste management are minimal. Costs increase if cleanup or fines
are involved.
Inspection and Maintenance
Inspect and verify that activity–based BMPs are in place prior to the commencement of
associated activities. While activities associated with the BMP are under way, inspect weekly
during the rainy season and of two-week intervals in the non-rainy season to verify
continued BMP implementation.
Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges
occur.
Liquid Waste Management WM-10
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Remove deposited solids in containment areas and capturing devices as needed and at the
completion of the task. Dispose of any solids as described in WM-5, Solid Waste
Management.
Inspect containment areas and capturing devices and repair as needed.
References
Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual,
State of California Department of Transportation (Caltrans), November 2000.
SWPPP – Campus Dining Facility June 2016
Prepared By: Rick Engineering Company
Appendix I: BMP Inspection Form
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Construction Activities and Associated Pollutants
Phase Activity Associated Materials or
Pollutants Pollutant Category(1) Grading and Land Development Vehicle and equipment use · Equipment operation
· Equipment maintenance
· Equipment washing
· Equipment fueling
Oil and Grease
Soil preparation/amendments · Use of soil
additives/amendments
Nutrients
Demolition Phase Removal of existing structures · Demolition of asphalt,
concrete, masonry, framing,
roofing, metal structures.
Metals, Oil and Grease,
Synthetic Organics
Solid waste · Litter, trash and debris
· Vegetation
Gross Pollutants
Landscaping and Site Stabilization Phase Planting / Vegetation
Management
· Vegetation control
(pesticides/herbicides)
· Planting
· Plant maintenance
· Vegetation removal
Nutrients, Metals, Synthetic
Organics
(1) Categories per CASQA BMP Handbook (i.e., Sediment, Nutrients, Bacteria and Viruses, Oil and
Grease, Metals, Synthetic Organics, Pesticides, Gross Pollutants, and Vector Production)
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX D
SWPPP CONTRACTOR/SUBCONTRACTOR
AGREEMENTS
Agreements will be provided at a later date.
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APPENDIX E
CONTRACTOR/SUBCONTRACTOR INFORMATION
Contractor(s) and subcontractor(s) will be named later.
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APPENDIX F
SWPPP TRAINING LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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43
Trained Contractor Personnel Log
Stormwater Management Training Log and Documentation
Project Name:
WDID #: 3 40C399332
Stormwater Management Topic: (check as appropriate)
Erosion Control
Wind Erosion Control
Non-Stormwater Management Stormwater Sampling
Sediment Control Tracking Control
Waste Management and Materials Pollution Control
Objective:
Location:
Date:
Instructor:
Telephone
Course Length
Attendee Roster (Attach additional forms if necessary)
Name Company Phone
As needed, add proof of external training (e.g., course completion certificates, credentials for
QSP, QSD).
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX G
SITE MAP
EROSION CONTROL PLAN
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX H
RISK LEVEL CALCULATIONS
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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46
A B C
1 Sediment Risk Factor Worksheet Entry
2 A) R Factor
3
Analyses of data indicated that when factors other than rainfall are held constant, soil loss is directly proportional to a rainfall
factor composed of total storm kinetic energy (E) times the maximum 30-min intensity (I30) (Wischmeier and Smith, 1958). The
numerical value of R is the average annual sum of EI30 for storm events during a rainfall record of at least 22 years. "Isoerodent"
maps were developed based on R values calculated for more than 1000 locations in the Western U.S. Refer to the link below to
determine the R factor for the project site.
4 http://cfpub.epa.gov/npdes/stormwater/LEW/lewCalculator.cfm
5
R Factor Value 3.3
6 B) K Factor (weighted average, by area, for all site soils)
7
The soil-erodibility factor K represents: (1) susceptibility of soil or surface material to erosion, (2) transportability of the
sediment, and (3) the amount and rate of runoff given a particular rainfall input, as measured under a standard condition. Fine-
textured soils that are high in clay have low K values (about 0.05 to 0.15) because the particles are resistant to detachment.
Coarse-textured soils, such as sandy soils, also have low K values (about 0.05 to 0.2) because of high infiltration resulting in low
runoff even though these particles are easily detached. Medium-textured soils, such as a silt loam, have moderate K values (about
0.25 to 0.45) because they are moderately susceptible to particle detachment and they produce runoff at moderate rates. Soils
having a high silt content are especially susceptible to erosion and have high K values, which can exceed 0.45 and can be as large
as 0.65. Silt-size particles are easily detached and tend to crust, producing high rates and large volumes of runoff. Use Site-
specific data must be submitted.
8 Site-specific K factor guidance
9
K Factor Value 0.24
10 C) LS Factor (weighted average, by area, for all slopes)
11
The effect of topography on erosion is accounted for by the LS factor, which combines the effects of a hillslope-length factor, L,
and a hillslope-gradient factor, S. Generally speaking, as hillslope length and/or hillslope gradient increase, soil loss increases. As
hillslope length increases, total soil loss and soil loss per unit area increase due to the progressive accumulation of runoff in the
downslope direction. As the hillslope gradient increases, the velocity and erosivity of runoff increases. Use the LS table located in
separate tab of this spreadsheet to determine LS factors.
Estimate the weighted LS for the site prior to construction.
12
LS Table
13
LS Factor Value 1.25
14
15 Watershed Erosion Estimate (=RxKxLS) in tons/acre 0.99
16 Site Sediment Risk Factor
LOW
17 Low Sediment Risk: < 15 tons/acre
18 Medium Sediment Risk: >=15 and <75 tons/acre
19 High Sediment Risk: >= 75 tons/acre
20
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Receiving Water (RW) Risk Factor Worksheet Entry Score
A. Watershed Characteristics
yes/no
A.1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed
waterbody impaired by sediment (For help with impaired waterbodies please visit the link below)
or has a USEPA approved TMDL implementation plan for sediment?:
NO
LOW
http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml
OR
A.2. Does the disturbed area discharge to a waterbody with designated beneficial uses of
SPAWN & COLD & MIGRATORY? (For help please review the appropriate Regional Board Basin
Plan)
http://www.waterboards.ca.gov/waterboards_map.shtml
Region 1 Basin Plan
Region 2 Basin Plan
Region 3 Basin Plan
Region 4 Basin Plan
Region 5 Basin Plan
Region 6 Basin Plan
Region 7 Basin Plan
Region 8 Basin Plan
Region 9 Basin Plan
Receiving Water Risk Sediment Risk
Low Medium High
Low Level 1 Level 2
High Level 2 Level 3
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APPENDIX I
CHAIN-OF-CUSTODY (COC) FORM
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering DESTINATION LAB: ATTN: ADDRESS: Office Phone: Cell Phone: REQUESTED ANALYSIS Notes: SAMPLED BY: Contact: Facility Name Client Sample ID Sample Date Sample Time Sample Matrix Container # Type Pres. SENDER COMMENTS: RELINQUISHED BY Signature: Print: Company: Date: TIME: LABORATORY COMMENTS: RECEIVED BY Signature: Print: Company: Date: TIME:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX J
SWPPP AMENDMENT(S) & LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Amendment Log
Facility Name:
Waste Discharge Identification (WDID):
Amendment
No.
Date Page and
Section
No.
Requested
By
Brief Description of Amendment;
include reason for change, site location,
and BMP modifications.
Prepared
and
Approved
By
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX K
CORRECTIVE ACTION LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering EXAMPLE Corrective Action Log Project Name: ______________________________________________ NPDES ID Number: __________________________________________ Section A – Individual Completing this Log Name: Title: Company Name: Email: Address: Phone Number: Section B – Details of the Problem (CGP Part 5.4.1.a) Complete this section within 24 hours of discovering the condition that triggered corrective action. Date problem was first identified: Time problem was first identified: What site conditions triggered this corrective action? (Check the box that applies. See instructions for a description of each triggering condition (1 thru 6).) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ 5a ☐ 5b ☐ 6 Specific location where problem identified: Provide a description of the specific condition that triggered the need for corrective action and the cause (if identifiable): Section C – Corrective Action Completion (CGP Part 5.4.1.b) Complete this section within 24 hours after completing the corrective action. For site condition # 1, 2, 3, 4, or 6 (those not related to a dewatering discharge) confirm that you met the following deadlines (CGP Part 5.2.1): ☐ Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events. AND ☐ Completed corrective action by the close of the next business day, unless a new or replacement control, or significant repair, was required. OR ☐ Completed corrective action within seven (7) calendar days from the time of discovery because a new or replacement control, or significant repair, was necessary to complete the installation of the new or modified control or complete the repair. OR ☐ It was infeasible to complete the installation or repair within 7 calendar days from the time of discovery. Provide the following additional information: Explain why 7 calendar days was infeasible to complete the installation or repair:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering Provide your schedule for installing the stormwater control and making it operational as soon as feasible after the 7 calendar days: For site condition # 5a, 5b, or 6 (those related to a dewatering discharge), confirm that you met the following deadlines: ☐ Immediately took all reasonable steps to minimize or prevent the discharge of pollutants until a solution could be implemented, including shutting off the dewatering discharge as soon as possible depending on the severity of the condition taking safety considerations into account. ☐ Determined whether the dewatering controls were operating effectively and whether they were causing the conditions. ☐ Made any necessary adjustments, repairs, or replacements to the dewatering controls to lower the turbidity levels below the benchmark or remove the visible plume or sheen. Describe any modification(s) made as part of corrective action: (Insert additional rows below if applicable) Date of completion: SWPPP update necessary? If yes, date SWPPP was updated: 1. ☐ Yes ☐ No 2. ☐ Yes ☐ No Section D - Signature and Certification (CGP Part 5.4.2) “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” MANDATORY: Signature of Operator or “Duly Authorized Representative:” Signature: Date: Printed Name: Affiliation: OPTIONAL: Signature of Contractor or Subcontractor Signature: Date: Printed Name: Affiliation:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering General Instructions This Corrective Action Log Template is provided to assist you creating a corrective action log that complies with the minimum reporting requirements of Part 5.4 of the EPA’s Construction General Permit (CGP). For each triggering condition on your site, you will need to fill out a separate corrective action log. The entire form must be completed to be compliant with the requirements of the permit. (Note: In Section C, if you do not need the number of rows provided in the corrective action log, you may delete these or cross them off. Alternatively, if you need more space to describe any modifications, you may insert additional rows in the electronic version of this form or use the bottom of the page in the field version of this form.) If you are covered under a State CGP, this template may be helpful in developing a log that can be used for that permit; however, you will likely need to modify this form to meet the specific requirements of any State-issued permit. If your permitting authority requires you to use a specific corrective action log, you should not use this template. Instructions for Section A Individual completing this form Enter the name of the person completing this log. Include the person’s contact information (title, affiliated company name, address, email, and phone number). Instructions for Section B You must complete Section B within 24 hours of discovering the condition that triggered corrective action. (CGP Part 5.4) When was the problem first discovered? Specify the date and time when the triggering condition was first discovered. What site conditions triggered this corrective action? (CGP Parts 5.1 and 5.3) Check the box corresponding to the numbered triggering condition below that applies to your site. 1. A stormwater control needs a significant repair or a new or replacement control is needed, or, in accordance with Part Error! Reference source not found., you find it necessary to repeatedly (i.e., 3 or more times) conduct the same routine maintenance fix to the same control at the same location (unless you document in your inspection report under Part Error! Reference source not found. that the specific reoccurrence of this same problem should still be addressed as a routine maintenance fix under Part Error! Reference source not found.); 2. A stormwater control necessary to comply with the requirements of this permit was never installed, or was installed incorrectly; 3. Your discharges are not meeting applicable water quality standards; 4. A prohibited discharge has occurred (see Part 1.3); 5. During discharge from site dewatering activities: a. The weekly average of your turbidity monitoring results exceeds the 50 NTU benchmark (or alternate benchmark if approved by EPA pursuant to Part Error! Reference source not found.); or b. You observe or you are informed by EPA, State, or local authorities of the presence of any of the following at the point of discharge to a receiving water flowing through or immediately adjacent to your site and/or to constructed or natural site drainage features or storm drain inlets: · sediment plume · suspended solids · unusual color · presence of odor
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering · decreased clarity · presence of foam · visible sheen on the water surface or visible oily deposits on the bottom or shoreline of the receiving water 6. EPA requires corrective action as a result of permit violations found during an inspection carried out under Part 4.8. Provide a description of the problem (CGP Part 5.4.1.a) Provide a summary description of the condition you found that triggered corrective action, the cause of the problem (if identifiable), and the specific location where it was found. Be as specific as possible about the location; it is recommended that you refer to a precise point on your site map. Instructions for Section C You must complete Section C within 24 hours after completing the correction action. (CGP Part 5.4) Deadlines for completing corrective action for condition # 1, 2, 3, 4, or 6 (if not relating to a dewatering discharge) (CGP Part 5.2.1) Check the box to confirm that you met the deadlines that apply to each triggering condition. You are always required to check the first box (i.e., Immediately took all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events.). Only one of the next three boxes should be checked depending on the situation that applies to this corrective action. Check the second box if the corrective action for this particular triggering condition does not require a new or replacement control, or a significant repair. These actions must be completed by the close of the next business day from the time of discovery of the condition. Check the third box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair. These actions must be completed by no later than seven calendar days from the time of discover of the condition. Check the fourth box if the corrective action for this particular triggering condition requires a new or replacement control, or a significant repair, and if it is infeasible to complete the work within seven calendar days. Additionally, you will need to fill out the table below the checkbox that requires: 1. An explanation as to why it was infeasible to complete the installation or repair within seven calendar days of discovering the condition. 2. Provide the schedule you will adhere to for installing the stormwater control and making it operational as soon as feasible after the seventh day following discovery. Note: Per Part 5.2.1.c, where these actions result in changes to any of the stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within seven calendar days of completing this work. Deadlines for completing corrective action for condition # 5a, 5b, or 6 related to a dewatering discharge (CGP Part 5.2.2) These deadlines apply to conditions relating to construction dewatering activities. Check the box to confirm that you met the deadlines that apply to each triggering condition. You are required to check all of the boxes in this section to indicate your compliance with the corrective action deadlines. List of modification(s) to correct problem Provide a list of modifications you completed to correct the problem. Date of completion Enter the date you completed the modification. The work must be completed by the deadline you indicated above.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering SWPPP update necessary? Check “Yes” or “No” to indicate if a SWPPP update is necessary consistent with Part 7.4.1.a in order to reflect changes implemented at your site. If “Yes,” then enter the date you updated your SWPPP. The SWPPP updates must be made within seven calendar days of completing a corrective action. (CGP Part 5.2.1.c) Instructions for Section D Each corrective action log entry must be signed and certified following completion of Section D to be considered complete. (CGP Part 5.4.2) Operator or “Duly Authorized Representative” – MANDATORY (CGP Appendix G Part G.11.2 and CGP Appendix H Section X) At a minimum, the corrective action log must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply: If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: · For a corporation: By a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. · For a partnership or sole proprietorship: By a general partner or the proprietor, respectively. · For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a Federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: · The authorization is made in writing by the person who signed the NOI (see above); · The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and · The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. Sign, date and print your name and affiliation.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep Prepared by Hive Engineering Contractor or Subcontractor - OPTIONAL Where you rely on a contractor or subcontractor to complete this log and the associated corrective action, you should consider requiring the individual(s) to sign and certify each log entry. Note that this does not relieve you, the permitted operator, of the requirement to sign and certify the log as well. If applicable, sign, date, and print your name and affiliation. Recordkeeping Logs must be retained for at least 3 years from the date your permit coverage expires or is terminated. (CGP Part 5.4.4) Keep copies of your signed corrective action log entries at the site or at an easily accessible location so that it can be made immediately available at the time of an on-site inspection or upon request by EPA. (CGP Part 5.4.3) Include a copy of the corrective action log in your SWPPP. (CGP Part 7.2.7.e) Note While EPA has made every effort to ensure the accuracy of all instructions contained in this template, it is the permit, not this template, that determines the actual obligations of regulated construction stormwater discharges. In the event of a conflict between this template and any corresponding provision of the CGP, you must abide by the requirements in the permit. EPA welcomes comments on this Corrective Action Log Template at any time and will consider those comments in any future revision. You may contact EPA for CGP-related inquiries at cgp@epa.gov
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX L
SAMPLING LOG
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Visual Observation Log - Monthly
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Current Weather:
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source:
Outdoor Industrial Equipment and Storage Area Observations
Complete Monthly BMP
Inspection Report
Yes □ No □
Drainage Area 1:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 2:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
Drainage Area 3:
Were any deficiencies or any other potential
source of industrial pollutants observed?
Yes □ No □
If yes to any, describe:
Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Visual Observation Log – Sampling Events
Date and Time of Inspection: Report Date:
Facility Name:
Weather
Antecedent Conditions (last 48 hours): Weather:
Precipitation Total: Predicted % chance of rain:
Estimate storm beginning:
(date and time)
Estimate storm
duration:
(hours)
Estimate time
since last storm:
(days or hours)
Rain
gauge
reading:
(inches)
Sampling Event Observations
Observations: If yes identify location and observe drainage area to identify probable cause
Odors Yes □ No □
Floating material Yes □ No □
Suspended Material Yes □ No □
Sheen Yes □ No □
Discolorations Yes □ No □
Turbidity Yes □ No □
NSWD Observations
Were any authorized non-stormwater discharges observed? Yes □ No □
Were any unauthorized non-stormwater discharges observed? Yes □ No □
If yes to either, identify source
Drainage Area Observations
Drainage Area Deficiencies Noted
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Exception Documentation (explanation required if inspection could not be conducted).
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Sampling Log
Facility Name: Date: Time Start:
Sampler Name:
Field Meter Calibration
pH Meter ID No./Description:
Calibration Date/Time:
Field pH Measurements
Discharge Location Identifier pH Time
Samples Collected
Discharge
Location Identifier
Constituent Time
Oil and Grease
Total Suspended Solids
Additional Sampling Notes:
Time End:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX M
ANNUAL FEE STATEMENT AND RECIEPTS
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
FOR INFORMATION ONLY. SEE THE WATERBOARDS.CA.GOV WEBSITE FOR FEES AND
STIPULATONS.
CALIFORNIA CODE OF REGULATIONS
TITLE 23. Division 3. Chapter 9. Waste Discharge Reports and Requirements Article 1. Fees
Section 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the
Water Code shall submit, to the state board, an annual fee in accordance with the following schedules. The
fee shall be submitted for each waste discharge requirement order issued to that person.1 (a) The annual
fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3),
(a)(4), (b), and (c), shall be based on the discharge’s threat to water quality (TTWQ) and complexity (CPLX)
rating according to the following fee schedule, plus applicable surcharge(s).
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Oil and gas produced water storage and disposal facilities regulated by waste discharge requirements are
subject to a surcharge per barrels of waste water discharged in the prior 12 months according to the following
schedule: TTWQ & CPLX Rating No Barrels 1 to 999,999 Barrels 1,000
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
APPENDIX N
CONSTRUCTION SITE MONITORING INSPECTION FORM
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
BMP INSPECTION REPORT
Date and Time of Inspection: Date Report Written:
Inspection Type:
(Circle one)
Weekly
Complete Parts
I,II,III and VII
Pre-Storm
Complete Parts
I,II,III,IV and VII
During Rain Event
Complete Parts I, II,
III, V, and VII
Post-Storm
Complete Parts
I,II,III,VI and VII
Part I. General Information
Site Information
Construction Site Name:
Construction stage and
completed activities:
Approximate area
of site that is exposed:
Photos Taken:
(Circle one) Yes No
Photo Reference IDs:
Weather
Estimate storm beginning:
(date and time)
Estimate storm duration:
(hours)
Estimate time since last storm:
(days or hours)
Rain gauge reading and location:
(in)
Is a “Qualifying Event” predicted or did one occur (i.e., 0.5” rain with 48-hrs or greater between events)? (Y/N) If yes,
summarize forecast:
Exemption Documentation (explanation required if inspection could not be conducted). Visual inspections
are not required outside of business hours or during dangerous weather conditions such as flooding or electrical storms.
Inspector Information
Inspector Name: Inspector Title:
Signature: Date:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part II. BMP Observations. Describe deficiencies in Part III.
Minimum BMPs for Risk Level Sites
Failures or
other short
comings (yes,
no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Construction Materials
Inventory of products (excluding materials designed to be
outdoors)
Stockpiled construction materials not actively in use are
covered and bermed
All chemicals are stored in watertight containers with
appropriate secondary containment, or in a completely
enclosed storage shed
Construction materials are minimally exposed to precipitation
BMPs preventing the off-site tracking of materials are
implemented and properly effective
Good Housekeeping for Waste Management
Wash/rinse water and materials are prevented from being
disposed into the storm drain system
Portable toilets are contained to prevent discharges of waste
Sanitation facilities are clean and with no apparent for leaks and
spills
Equipment is in place to cover waste disposal containers at the
end of business day and during rain events
Discharges from waste disposal containers are prevented from
discharging to the storm drain system / receiving water
Stockpiled waste material is securely protected from wind and rain
if not actively in use
Procedures are in place for addressing hazardous and non-
hazardous spills
Appropriate spill response personnel are assigned and trained
Equipment and materials for cleanup of spills is available
onsite
Washout areas (e.g., concrete) are contained appropriately to
prevent discharge or infiltration into the underlying soil
Good Housekeeping for Vehicle Storage and Maintenance
Measures are in place to prevent oil, grease, or fuel from
leaking into the ground, storm drains, or surface waters
All equipment or vehicles are fueled, maintained, and stored in a
designated area with appropriate BMPs
Vehicle and equipment leaks are cleaned immediately and
disposed of properly
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part II. BMP Observations Continued. Describe deficiencies in Part III.
Minimum BMPs for Risk Level Sites
Adequately
designed,
implemented and
effective
(yes, no, N/A)
Action
Required
(yes/no)
Action
Implemented
(Date)
Good Housekeeping for Landscape Materials
Stockpiled landscape materials such as mulches and topsoil are
contained and covered when not actively in use
Erodible landscape material has not been applied 2 days
before a forecasted rain event or during an event
Erodible landscape materials are applied at quantities and rates
in accordance with manufacturer recommendations
Bagged erodible landscape materials are stored on pallets and
covered
Good Housekeeping for Air Deposition of Site Materials
Good housekeeping measures are implemented onsite to
control the air deposition of site materials and from site
operations
Non-Stormwater Management
Non-Stormwater discharges are properly controlled
Vehicles are washed in a manner to prevent non-stormwater
discharges to surface waters or drainage systems
Streets are cleaned in a manner to prevent unauthorized non-
stormwater discharges to surface waters or drainage systems.
Erosion Controls
Wind erosion controls are effectively implemented
Effective soil cover is provided for disturbed areas inactive (i.e., not
scheduled to be disturbed for 14 days) as well as finished slopes,
open space, utility backfill, and completed lots
The use of plastic materials is limited in cases when a more
sustainable, environmentally friendly alternative exists.
Sediment Controls
Perimeter controls are established and effective at controlling
erosion and sediment discharges from the site
Entrances and exits are stabilized to control erosion and
sediment discharges from the site
Sediment basins are properly maintained
Linear sediment control along toe of slope, face of slope an at grade
breaks (Risk Level 2 & 3 Only)
Limit construction activity to and from site to entrances and exits
that employ effective controls to prevent offsite tracking (Risk
Level 2 & 3 Only)
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Ensure all storm, drain inlets and perimeter controls, runoff
control BMPs and pollutants controls at entrances and exits are
maintained and protected from activities the reduce their
effectiveness (Risk Level 2 & 3 Only)
Inspect all immediate access roads daily (Risk Level 2 & 3
Only)
Run-On and Run-Off Controls
Run-on to the site is effectively managed and directed away from
all disturbed areas.
Other
Are the project SWPPP and BMP plan up to date, available on-site and
being properly implemented?
Part III. Descriptions of BMP Deficiencies
Deficiency
Repairs Implemented:
Note - Repairs must begin within 72 hours of identification and,
complete repairs as soon as possible.
Start Date Action
1.
2.
3.
4.
Part IV. Additional Pre-Storm Observations. Note the presence or absence of floating and suspended
materials, sheen, discoloration, turbidity, odors, and source(s) of pollutants(s).
Yes, No, N/A
Do stormwater storage and containment areas have adequate freeboard? If no, complete Part III.
Are drainage areas free of spills, leaks, or uncontrolled pollutant sources? If no, complete Part VII and
describe below.
Notes:
Are stormwater storage and containment areas free of leaks? If no, complete Parts III and/or VII and describe
below.
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part V. Additional During Storm Observations. If BMPs cannot be inspected during inclement
weather, list the results of visual inspections at all relevant outfalls, discharge points,
and downstream locations. Note odors or visible sheen on the surface of discharges. Complete Part VII
(Corrective Actions) as needed.
Outfall, Discharge Point, or Other Downstream Location
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Location Description
Part VI. Additional Post-Storm Observations. Visually observe (inspect) stormwater discharges at
all discharge locations within two business days (48 hours) after each qualifying rain event, and observe
(inspect) the discharge of stored or contained stormwater that is derived
from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at
the time of discharge. Complete Part VII (Corrective Actions) as needed.
Discharge Location, Storage or
Containment Area
Visual Observation
Notes:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Part VII. Additional Corrective Actions Required. Identify additional corrective actions not included
with BMP Deficiencies (Part III) above. Note if SWPPP change is required.
Required Actions Implementation Date
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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APPENDIX O
RAIN EVENT ACTION PLAN
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
Prepared by Hive Engineering
Rain Event Action Plan (REAP)
Date of REAP WB DID Number:
Date Rain Predicted to Occur: Predicted % chance of rain:
Predicted Rain Event Triggered Actions
Below is a list of suggested actions and items to review for this project. Each active Trade should check all material storage areas,
stockpiles, waste management areas, vehicle and equipment storage and maintenance, areas of active soil disturbance, and areas of active
work to ensure the proper implementation of BMPs. Project-wide BMPs should be checked and cross- referenced to the BMP progress
map.
Trade or Activity Suggested action(s) to perform / item(s) to review prior to rain event
Information & Scheduling Inform trade supervisors of predicted rain
Check scheduled activities and reschedule as needed
Alert erosion/sediment control provider
Alert sample collection contractor (if applicable)
Schedule staff for extended rain inspections
Check Erosion and Sediment Control (ESC) material stock
Review BMP progress map
Other:
Material storage areas Material under cover or in sheds (ex: treated woods and metals)
Perimeter control around stockpiles
Other:
Waste management areas Dumpsters closed
Drain holes plugged
Recycling bins covered
Sanitary stations bermed and protected from tipping
Other:
Trade operations Exterior operations shut down for event (e.g., no concrete pours or paving)
Soil treatments (e.g., fertilizer) ceased within 24 hours of event
Materials and equipment (e.g., tools) properly stored and covered
Waste and debris disposed in covered dumpsters or removed from site
Trenches and excavations protected
Perimeter controls around disturbed areas
Fueling and repair areas covered and bermed
Other:
Site ESC BMPs Adequate capacity in sediment basins and traps
Site perimeter controls in place
Catch basin and drop inlet protection in place and cleaned
Temporary erosion controls deployed
Temporary perimeter controls deployed around disturbed areas and stockpiles
Roads swept; site ingress and egress points stabilized
Other:
Concrete rinse out area Adequate capacity for rain
Wash-out bins covered
Other:
Spill and drips All incident spills and drips, including paint, stucco, fuel, and oil cleaned
Drip pans emptied
Other:
SWPPP SLO Phase 1B Downtown Parking Structure Site Prep
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Other / Discussion /
Diagrams
Attach a printout of the weather forecast from the NOAA website to the REAP.
I certify under penalty of law that this Rain Event Action Plan (REAP) will be performed in accordance with the General Permit by me or
under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Date:
Qualified SWPPP Practitioner (Use ink please)