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HomeMy WebLinkAbout12/06/2005, C4 - FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D CONSTRUCTION MANAGEMENT FUNDING council De216, 2005 j acjenba nEpont CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Director of Public Works Prepared By- Barbara Lynch City Engineer&, SUBJECT: FOOTHILL BRIDGE REPLACEMENT PROJECT, SPECIFICATION NO. 90197D CONSTRUCTION MANAGEMENT FUNDING CAO RECOMMENDATION 1. Authorize the transfer of $17,000 from the Capital Improvement Plan (CIP) Completed Projects account and appropriate $68,000 in Federal Highway Bridge Replacement and Rehabilitation (HBRR) grant revenue to the project budget for additional Construction Management and Environmental Monitoring. 2. Approve the agreement with the Morro Group to complete follow up monitoring and regulatory mandated reporting for up to five years. DISCUSSION The replacement of the Foothill Bridge is nearly complete after-a year and a half of construction. From the beginning, the project has required consultant services for construction. Inspection and environmental monitoring are required on a full time basis and since the City does not have a bridge inspector or a biologist to dedicate full-time,to the project, this service has been provided by the designers Martin Rivett and Olson and The Morro Group. The project budget included funding for these needs at the time of award. However, as the project nears completion, it appears that funds may be inadequate to provide the remaining inspection and monitoring services required. The key reason for this is that the project construction timeline changed from that originally envisioned. This occurred primarily for two reasons, each of which added over a month .to the project. The first was the conversion of the project to allow the bridge to be built over the existing culverts. This extended the duration of the project but allowed the bridge to be completely open to traffic several months sooner. The second was the discovery of contaminated water and extended unstable backfill in the excavation. These conditions were unknown to the City at the time of award and also caused delays to the construction timeline. As a condition of regulatory permits, once the project is complete, the City must enter a 5-year establishment, maintenance and reporting period. Originally, oversight for the establishment and maintenance period was to be accomplished by the City's full time biologist, a position that was not filled due to budgetary constraints. Although some work is being completed with our contract biologist, staff is recommending establishing an agreement for services with the current monitors of the construction phase for the following reasons: 1. The Morro Group obtained the permits for the project and completed the monitoring work during construction. As a result, they are thoroughly familiar with the project and project Foothill Bridge Construction.Inspection &Monitoring Funding Page 2 requirements. Continuing their services is more efficient than bringing the Natural Resource Manager or the City's contract biologist up to speed on this aspect of the project. 2. The Morro Group can provide reporting consistency (as required by the regulatory agencies) over the full five year reporting period, something a contract employee may not be able to do. If the City biologist position is ultimately refilled, the agreement could be reassessed and possibly terminated. 3. Since the federal government is picking up 80% of the cost of monitoring over the next two years, it makes sense to continue to use the Morro Group, so the Natural Resource Manager and the City Biologist's time can be spent on other City projects. ]FISCAL IMPACT Although staff believes there may be adequate funds available in the construction budget to cover the management costs, final costs for construction are not yet known. Staff knows there are outstanding bills for work yet to come and does not want to deplete the construction budget and have to request money after the fact to cover costs. if construction funds are remaining at the completion of the project, they will be returned to the CIP completed projects account for other uses. This project is funded by the FMRR program. The program pays for 80% of the costs associated with the project. Current Budget Additional Request Construction: Inspection &Monitoring $576,000 Contingencies $10,000 .$50,000 Follow up: Monitoring&Repotting $0 _ $35,000 Total: $586,000 $85,000 $671,000 Grant Funding (80%) $468,800 $68,000.0 City Funding (20%) $117,200 $17,000.0 Total Funding $586,000 $85,000.0 $671,000.0 The BBRR grant program specifically allows for environmental follow up for two years. Funding for additional years of follow up can be granted with State approval. Staff will request the additional funding now, but at this time cannot say for certain that the funding will be granted. If it is not granted, the City share of the Monitoring and Reporting costs will increase by$13,100 from the amount shown in the above table. Currently, there is $45,742 available in the Completed Projects account. ATTACHMENTS Attachment 1 - Agreement for Monitoring and Reporting Attachment 2 - Proposal for Monitoring and Reporting Attachment 1 - 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this_day of 2005, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and The Morro Group, hereinafter referred to as Consultant. WITNESSETH: WHEREAS, the City requested a proposal for post construction monitoring and regulatory agency reporting for the Foothill Bridge Replacement project in the City of San Luis Obispo per project permit requirements. 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. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of.said services. The Consultant is authorized to begin work upon receipt of the signed agreement. No payment will be made for any work performed prior to approval of this contract. 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. 3. AGREEMENT PARTIES. City: Consultant: Barbara Lynch Mary Reents City of San Luis Obispo The Morro Group 955 Morro Street 1422 Monterey Street, Suite 200 San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 4. WORK TO BE PERFORMED. Consultant shall complete the mitigation area monitoring and complete the documentation and reporting required by the regulatory agency permits obtained for the construction of the Foothill Bridge. The Consultant project manager shall provide updates the City as appropriate identifying any difficulties or deficiencies encountered. 5. REQUIRED DELIVERABLE PRODUCTS. The Consultant will be required to provide 1 hard copy of agency reports to the City and all regulatory agencies requiring reporting or copies of reports per the permits and agreements. An electronic copy may be submitted to the City in lieu of the hard copy. 6. OWNERSHIP OF MATERIALS. All original drawings,plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 7. 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. Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 1 of 6 Attachment 1 - 2 8. 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. 9. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation in a total sum not to exceed $. Progress payments shall be made as invoiced by Consultant for hours worked, not to exceed the amounts identified in the proposal without prior approval. Consultant shall be reimbursed for hours worked. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, Consultant shall be reimbursed for direct costs other than salary and vehicle costs that have been identified-in the proposal. Federal Acquistion Regulation in Title 48, CFR, Chapter 1, Part 31 shall be used to determine the allowability of the individual items of cost. The Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to the Consultant, which are determined by subsequent audit to be unallowable under Title 48, CFR; Chapter 1, Part 31 are subject to repayment by the Consultant to the City of San Luis Obispo, the State and the Federal Government. 10. PAYMENT TERMS. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant(Net 30). 11. PERMIT AND FILING FEES. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary as they pertain to the completion of the Consultants work. The City will pay all application fees for permits required for the construction of the bridge and any recording fees for right of way. The City requires an 8 day notice to issue a check. 12. 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 federal, state, county, city, and special district laws, ordinances, and regulations. 13. DISADVANTAGED BUSINESSES. If DBE participation is obtained, the Contractor shall maintain records of all sub-consultant agreements entered into with DBE sub-consultants and records of materials purchased from DBE suppliers. Such records shall show each sub-consultant's and vendor's name and address and the. actual dollars paid to each. Upon completion of the contract, a summary of these records shall be prepared, certified correct and submitted on the form "FINAL PERORT—UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (bBE), FIRST TIER SUB-CONTRACTORS," or equivalent, by the Consultant or his authorized representative to the City of San Luis Obispo's Contract Manager showing total dollars paid to each DBE sub-consultant and supplier. DBE's must be certified by the California Department of Transportation. Any DBE firm working as a sub-consultant under this contract must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. 14. CONTRACT ASSIGNMENT. The Consultant shall not subcontract, 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. 15. SUBCONTRACT PROVISIONS. For any subcontract for services in excess of$25,000,,the subcontract shall contain all required provisions of this agreement. Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 2 of 6 /1-1// Attachment 1 - 3 16. RECORD RETENTION AND AUDIT. The Consultant shall maintain all books, documents, papers, accounting records and other information pertaining to costs incurred for a period of four years after the final payment of the contract. Documents may be microfilmed. Authorized representatives of the.City, State or Federal agency shall have the option of inspection and/or auditing all records and other written material used by the consultant in preparing its invoices to the City either before or after any payment to the Consultant. 17. 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. 18. LAWS TO BE OBSERVED. 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. 19. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 20. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 21. 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. 22. 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. 23. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all subconsultants 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. 24. COMPLIANCE WITH LAWS AND WAGE RATES. The Consultant is required to comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California.Labor Code, Section 1775. 25. CONSULTANT NON-DISCRIMINATION. In the performance of this work,the Consultant agrees that it will not engage in, nor permit such subconsultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 26. INTERESTS OF CONSULTANT. 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 subconsultant 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. Itis 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. 27. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,commission , percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 3 of 6 �y� Attachment 1 - 4 warranty,the Local Agency shall have the right to annul this agreement without liability, or at is discretion to deduct from the agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Consultant is required to sign the attached certification. 28. HOLD HARMLESS AND INDEMNIFICATION. The Consultant agrees to defend, indemnify,protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or-property, including injury to the Consultant's employees,agents or officers that arise from or are connected with or are caused or claimed to be caused by the negligent acts,errors or omissions of the Consultant,and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however,that the Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established negligence or willful misconduct of the City, its agents,officers or employees. 29. INSURANCE REQUIREMENTS. The Consultant shall provide proof of insurance and required certificates in the form, coverages and amounts specified in the attachment within 10 (ten) calendar days after notice of contract award as a precondition to contract execution and shall maintain the insurance coverage for the duration of the contract. 30. RESOLUTION OF DISPUTES. It is the intention of this contract that differences between the parties arising under and by virtue of the contract be brought to the attention of the City at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Consultant hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act,failure to act, event, thing or occurrence for which no written final claim is filed. In the event that claims arise under this contract that have not been resolved at the time of the Consultant's Final Submittal, the Consultant shall submit a final written claim with the Final Submittal. The final written claim shall be in sufficient detail to enable the City to ascertain the basis and amount of said claims. The City shall issue a final written determination of the claim within 30 days of receipt of the claim. These Contract Claims procedures prescribed herein shall be separate from and in addition to the claim procedure under the California Tort Claim Act(Government Code Section 900, et seq.). The Consultant's receipt of the City's Final Determination shall constitute the accrual of the cause of action under the California Tort Claims Act. Before filing any claim pursuant to these contract provisions,the Consultant should review the California False Claims Act(Government Code Sections 12650-12655) Neither the pendency of a dispute nor its consideration by the City will excuse the Consultant from full and timely performance in accordance with this agreement. 31. TERMINATION. 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 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. Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 4 of 6 Attachment 1 5 The City reserves theright 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. The City also reserves the right to terminate the contract for its convenience. The Consultant shall be entitled to the reasonable value of its services performed from the beginning date of the contract up to the day it received the City's Notice of Termination. 32. 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 of the City of San Luis Obispo. 33. 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. 34. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail to the project manager. 35. 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. The agreement shall not be executed and in effect until the Consultant has submitted the necessary insurance documents and obtained a business tax certificate. IN WITNESS WHEREOF, the.parties hereto have caused this instrument to be executed the day and year first above Written; ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: - Audrey Hooper, City Clerk David F. Romero,Mayor APPROVED AS TO FORM: CONSULTANT By: Jo ath . Lowell; City Attorney The Morro Group Attachments: Certification of Consultant Certification of Local Agency Insurance Requirements Consultant Proposal Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 5 of 6 �y 7 Attachment 1 - 6 CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of The Morro Group whose address is 1422 Monterey Street; Suite 0200, San Luis Obispo, CA and that, except as hereby expressly stated, neither I nor the above firm that I represent have' a. employed or retained for a.commission, percentage, brokerage, contingent fee, or other consideration any firm or person (other than a bona fide employee working solely forrn me o_r the above consultant)to solicit or secure this agreement; nor b. agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out the agreement; nor c. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working for me or the above consultant) any fee, contribution,donation or consideration of any kind for, or in connection with , procuring or carrying out this agreement. I acknowledge that this certificate is to be made available to the California Department of Transportation in connection with this agreement involving participation of Federal Aid Highway funds and is subject to applicable State and Federal laws, both criminal and civil. Date Name&Title CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the City Engineer employed by the City of San Luis Obispo and that the consulting firm of The Morro Group or its representative, has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: a. employ, retain, agree to employ or retain, any firm or person; or b. pay or agree to pay,to any firm,person or organization, any fee, contribution, donation or consideration of any kind. I acknowledge that this certificate is to be made available to the California Department of Transportation in connection with this agreement involving participation of Federal Aid Highway funds and is;subject to applicable State and Federal laws, both criminal and civil. Date Signature Foothill @ Stenner Creek. Mitigation Monitoring and Reporting Services Agreement Page 6 of 6 �` Attachment 1 7 INSURANCE REQUIREMENTS 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 0001). 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: $1,000,000 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. Errors and Omissions Liability: $1,000,000 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. 4. Each insurance policy required by this, clause shall be endorsed 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL 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. Foothill @ Stenner Creek Mitigation Monitoring and Reporting Services Agreement Page 7 of 6 �y-9 ATTACHMENT 2-1 II . r i i N�� 1 0 2005d3 November 10, 2005 l mono i VgIR i GROUP,INC Barbara Lynch Environmental Services City of San Luis Obispo 955 Morro Street San Luis Obispo,CA 93401 SUBJECT: Proposal to Provide Revegetation Monitoring and Reporting Services for the Stenner CreeklFooihill Boulevard Bridge Replacement Project Dear Ms. Lynch: Thank you for your interest in having Morro Group, Inc. provide you with a proposal to provide monitoring and reporting services for the revegetation efforts for the Stenner Creek/Foothill Boulevard Bridge.Replacement Project (Project). It is our understanding that Karleskint-Crum, Inc. (KCI, sub-contractor to Whittaker Contractors, Inc.) will be implementing the revegetation requirements per the Final Habitat Mitigation and Monitoring Plan that was prepared for the project and approved by the Army Corps of Engineers (ACOE). Morro Group would conduct the monitoring of the revegetation activities and prepare a revegetation completion report of the documenting the work conducted by KCI. This will start the five-year monitoring program. We anticipate that KCI will complete the revegetation by the end of February 2006. The tnonitoring of the revegetation could begin immediately consistent with the HMMP monitoring schedule, and monitoring would occur quarterly thereafter. We will assume that 2006 would be the first year of monitoring. Costs for the five-year monitoring program are given in Table 1. The annual tasks would include photo documentation of the revegetation,.a qualitative comparison of project site with reference site (two quadrat locations for comparison with reference site), plant coverage assessment, function evaluation of the mitigation area within Stenner Creek, and preparation of a quarterly monitoring report (using the form attached to the iIMMP). At the end of each year, the information would be compiled in an annual-monitoring report and submitted to the City for their conveyance to the ACOS. The annual report would document whether the plants have been successfully established, and losses would be estimated. The. annual report would provide recommendations to thc.City for maintenance and replanting, if necessary. At the end of year-three, we will evaluate the revegetation project to determine if it will meet the success criteria given in the HMMP. The year-three report would alert the City to issues that may need addressing if the success criteria are not being met. At this time, if there were issues, we would recommend contacting the ACOE for further direction, 1422 MONTEREY STRUT,Sunt:C200 • SAN Luis OBISPo,CA 93401 • (805)543-7095 • FAX 543-2367 G41-/a ATTACHMENT 2-2 Ms._kp ch,_City of San-f uia Obi vpu....., Revt%etation Monitoring and Repgmng Propuscil Once the five-,year monitoring program is complete (Decemher 2010), a. final monitoring completion report would be prepared, and the ACOS would be contacted fora field visit to the project. sitefor verification of success of the project consistent with the HMMP. The ACOE would provide a letter indicating_ that the conditions of the permit have been met if they concur With the success of the project. Thank you again for your interest in Morro Group conducting the five-year monitoring. Please feel free to contact Mrs. Cry"stahl Taylor (ext. 112), or me (ext. 103), if you have any questions regarding the cost or scope of work for the monitoring. . Sincerely, Mary'B. Reents President Attachment: Table 1 — Cost Estimate for Monitoring and Reporting, Stenner/Foothill Bridge Replacement Project Wpm Group, Inc. --- -- — — -2 ATTACHMENT 2-3 Ms. Lvnch, City of San-Luis Obispo Revegermion Moni(oHne and Reporting prv­--` TABLE 1 Sterner CreekToothill Boulevard Bridge Replacement Project Revegetation Monitoring and Reporting Cost Estimate Task Staff Hours Rate/Hr Total YEAR 1 Task 1: Revegetation Monitoring Belt 40 $75 $3,000.00 Subtotal $3:000.00 Task 2: Revegetation Completion.Report. Revegetation Completion Report Preparation Belt 24 $75 $1,800.00 Subtotal $1,800.00 Task 3: MokoringlReporting Efforts -Monitoring—(8 visits) MGI Staff 32 $75 $2,400.00 Report Preparation MGI Staff 24 $75 $1,800.00. Subtotal $2,400.00 Task 4. Agency Correspondence Taylor 5 $95 $475,00 Subtotal $475.00 Task 5: Project Cooniina6on _ Project Director Reents 5 $135 $675.00 Project Manager Taylor 8 $95 $760.00 Secretanal Jones 6 $50 $300.00 Subtotal $1,735.00 YEAR 1 TOTAL _$9,410.40 YEAR 2 Task 1: MonitoringlReporting Efforts Monitoring(8 visits) MGI Staff 32 $75 $2,400.00 Report Preparation MGI Stall 24 $75 $1,800:00 Subtotal $4,200.00 Task 2: Agency Correspondence. Taylor 5 $95 $475.00 Subtotal $475.00 Task 3: Project Coordination____—__ -Project Director — — Reents 5 $135 $675.00 Project Manager Taylor 8 $95 $760.00 Secretarial Jones 6 $50 $300.00 Subtotal $1,735.00 YEAR 2 TOTAL $6,410.00 Morro Grnup. Inc. 3 ATTACHMENT 2-4 Als...Lynch,ChypJSdn Luis_Ohispy Reregeradon Muniroring amt Repor{ing,Proposal YEAR 3 Task 1: Monitoring/Reporting Efforts _ _ Monitoring(4 visits) MGI Staff 16 $80 $1,280.00 Report Preparation MGI Staff 24 $80 $1;920.00 Subtotal $3,200.00 Task 2: Agency Correspondence Taylor 5 $100 _ $500.00_ Subtotal $500.00 Task 3: Project Coordination_ Project Dircector Reents 5 $145 $725.00 Project Manager Taylor 8 $100 $800.00 Secretarial Jones 6 $55 _$330.00 Subtotal $1,855.00 YEAR 3 TOTAL $5555.00. YEAR 4 Task 1: —Monitoring/Reporting Efforts Monitoring(3 visits) MGI Staff 12 $80 $960.00 Report Preparation MGI Staff 24. $80 $1,920.00 Subtotal - $2,880.00 Task 2: Agency Correspondence Taylor 5 $95 $475.00 Subtotal' — $475:00 Task 3: Project Coord'mation _ Project Director Reents 5 $145 $725.00 Project Manager Taylor 8 $100 $800.00 Secretarial Jones 6' $55 $330.00_ Subtotal $1,855.00 YEAR 4 TOTAL $5;210.00 Morro Group. Inc. 4' ATTACHMENT 2-5 Ms. Lttich, Citi'of Sun Luis Obispo Rerti etg{inn Monitnriiigrind RPprirting irvjiwui- YEAR 5 Task._1:_ _ _Monitorin-/Reporting Efforts Monitoring(3 visits) M61 Staff 12 $85 $1,020.00 Report Preparation MGI Staff 24 $85 $2,040.00_ Subtotal $3,060.00 Task.2:: Agency Correspondence _ . Taylor 5 $10.5 _$525.00 Subtotal $525.00 Task 3:_ _ _.Project Coordination -- Project Director Reents 5 $155 $775.00 Project Manager Taylor 8 $105 $840.00 Secretarial Jones 6 $60 $360.00 Subtotal $1,975.00 YEAR 5 TOTAL $5,560.00 TOTAL YEARS 1 Through 5 $32145.06 Morro Croup,Inc. - - - - 5.