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HomeMy WebLinkAboutC-4334 C;-tvk clerits �.�..LC AMENDMENT NO. 1 TO THE AGREEMENT FOR THE PREPARATION OF THE W - MULTI-BENEFIT STORMWATER PROJECT CONCEPT REPORTS FOR THE RIO HONDO/SAN GABRIEL RIVER WATER QUALITY GROUP BY AND BETWEEN THE CITY OF ARCADIA AND ARC: )IA CRAFT WATER ENGINEERING, INC. This Amendment No. 1 ("Amendment No. 1") is hereby entered into this day of o. , 2021 by and between the City of Arcadia, a municipal corporation of the State of California, and California Watershed Engineering, a California Corporation, with respect to that certain Agreement between the parties dated July 10, 2020 ("Agreement). The Parties agree as follows: 1. Section 1 of the Agreement, Exhibit "A" Scope of Services, is amended to replace Phase 3 Tasks 14-17, 19 and Optional Task 19 Landscape Renderings with Tasks 0, 1, 2.1 and 2.2 as outlined in the amended Scope of Services attached hereto and incorporated herein by reference. 2. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA CRAFT WATER ENGIN,' RING, INC. By: _`` By: #' Dominic Lazzarett --, mat City Manager Title: M!!i�,• - Dated: ' ..k�. 21 , ?.t>2-\ Dated: '2- � By: �.�/ _ tI ATTES Title: �mmus PA'/%1:41:)414y Dated: `�`2f 2-4City Clerk APPROVED AS TO FORM: CONCUR: Stephen p p om Tait City Attorney Public Works Services Director • EXHIBIT A Scope of Services for the Preparation of the Multi-Benefit Stormwater Project Concept Reports for the Rio Hondo/San Gabriel River Water Quality Group shall be amended to replace Phase 3 Tasks 14-17, 19 and Optional Task 19 with the following Tasks 0, 1, 2.1 and 2.2. Task 0. Project Management & Coordination The Craftwater Engineering Project Manager will conduct Project Coordination Meetings with the RH/ SGR WQ Group on a monthly basis to discuss progress on the individual tasks, review project status, and ensure that the objectives and milestones are being achieved. To supplement these meetings, the Craftwater team will maintain ongoing communication with the RH/SGR WQ Group. A detailed schedule, action item list, and decision log will be developed, maintained, and updated for control of the project. Craftwater will prepare and agenda and meeting minutes for all formal project meetings. Task 1. Alternative Project Opportunity Identification Craftwater Engineering will evaluate the Rio Hondo drainage area under the Group's jurisdiction to identify possible alternative project opportunities. The initial possible project concepts identified during previous discussion with the Group include the Arcadia County Park, Santa Anita Golf Course, and the Santa Anita Park parking lot. In addition to these identified possible locations, the watershed will be re-screened for additional project alternatives. Alternatives will include opportunities to further utilize the Rio Hondo Ecosystem Restoration Project (and the other rWMP identified projects), new Regional Projects, and new Green Streets. Initial project concepts including treatment types, footprints, and volumes will be developed for the possible alternative locations that will be evaluated in Task 2. Identified project alternatives will be presented to the RH/SGR WQ Group to begin interagency coordination where necessary and gain group acceptance prior to the start of Task 2. Task 1 Deliverable • Alternative Project Location List Task 2. Compliance Pathway Evaluation, Sensitivity Analysis, & Outreach Task 2.1: Craftwater will develop models representative of the alternative projects identified, and agreed upon by the RH/SGR WQ Group, from Task 1. This will include updating existing models where the alternatives identify enhancements to the current rWMP projects, such as the Rio Hondo Ecosystem Restoration Project or Green Street opportunities. Initial project concepts from Task 1 may be adjusted based on a more cost- effective configuration identified through the modeling. Project performance of the selected alternatives will be evaluated based on the same compliance metrics established in the rWMP, i.e., zinc load reduction achieved over the critical water year. • Task 2.2: Project performance will be evaluated at the watershed-scale, considering the upstream/downstream dynamics of the suite of projects identified, including those already established in the rWMP. Craftwater will present the recommended combination of alternative projects to possibly replace the Arboretum, which still satisfy the rWMP goals and numeric targets. This will include a similar analysis to the RAA validation, ensuring the updated program satisfies the TMDL-established water quality objectives, i.e., daily wet weather concentrations in the receiving waters. cn h pr D O c 3 D N nD:N m j : -0 - r k) Po.0 r 1 N ¢ 3 r N O a . 1 . ai mqE w 1 3 0w Z.oO % 0 n < m 9. arm narogomx co 3 ' _ O d o : g y D o^ OO v o na ad 3doStirgow3 r °^ m .. D.o m $• m3� o D 3 3 d o ¢ y d W m aw. 4 a 0 �'0 n s g. c v m c m a ❑ 0 0 FP — 13gm �m a co co o �' S y, O m a c a re B m N a < Q m o N °i 7 y ag m m m o v 7.' 6. 3 m 3 a. i;°'° o. -n _•O 3 O '< m m w z g. m d n 3 v v `D D D WE; O Do a XI -. m = President g 9, 2, •7 m D QA/QC Manager c� 3 a o' m O c m 'o m 3 8 3 Prinicipal H D Engineer c 8 0°1111111111 0 PM/BMP Design i .<7., n. V .. .. .. Lead 3.. m I Senior Water G).Resource m D_ Specialist m c a: - .. .. (Regulatory) y oo. illiol WQ Analysis a, 2 plig Lead(Modeling) o m n Junior Engineer/ o w WQ Analysis d gJunior Engineer/ m :40 c S►o Drafting 8 t O O o v lo N N (O TOTAL EFFORT N N A CD :Co -I ( NaV . (O ; m a 8 8 O O O 8 m 0 8 W CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF THE MULTI-BENEFIT STORMWATER PROJECT CONCEPT REPORTS FOR THE RIO HONDO/SAN GABRIEL RIVER WATER QUALITY GROUP This Agreement is made and entered into as of •JU1 , 2020 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 ("City"), and Craft Water Engineering, Inc., a California Corporation, with its principal place of business at 10711 Oakbend Drive, San Diego, CA 92131 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Preparation of the Multi-Benefit Stormwater Project Concept Reports for the Rio Hondo/San Gabriel River Water Quality Group (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. D. A Memorandum of Agreement ("MOA") was made and entered into by and between the County of Los Angeles, the City, and the Cities of Bradbury, Duarte, Monrovia and Sierra Madre (collectively referred to herein as "MOA Participating Agencies" or individually as "MOA Participating Agency") on regarding the administration and cost sharing for the preparation of the Multi-Benefit Stormwater Project Concept Reports for the Rio Hondo/San Gabriel River Water Quality Group. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of ONE MILLION, SIX HUNDRED TWENTY- Revised 04/13 1 THREE THOUSAND, FORTY-ONE DOLLARS AND NO CENTS ($1,623,041.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be for two years from the date of execution, as set forth in Exhibit "C", unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. Revised 04/13 2 b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: Revised 04/13 3 (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. Revised 04/13 4 (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance Revised 04/13 5 required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Revised 04/13 6 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. Revised 04/13 7 b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant's obligations to defend, indemnify, and/or hold harmless arise out of Consultant's performance of "design professional services" (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant's obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. Revised 04/13 8 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Oliver Galang as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. Revised 04/13 9 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: CONSULTANT: City of Arcadia Craft Water Engineering, Inc. 240 W. Huntington Drive 10711 Oakbend Drive Arcadia, CA 91007 San Diego, CA 92131 Attn: Vanessa Hevener, Attn: Chad Helmle Environmental Services Manager President and CEO and shall be effective upon receipt thereof. 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, Revised 04/13 10 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] Revised 04/13 11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND CRAFT WATER ENGINEERING, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA CRAFT V1/,!T - E 'NEERING, INC. BY ,-- '' BY )110 E p Dominic Lazzaretto J9 S Wife City Manager Date: -75-,;L-\ 7c, 2L It, CU Ptik) f9 _ Print Name and Title ATTEST: Date: 6 l � 3-6 --: ti ' �/- al r 4111 Y itClerk f Si a ure APPROVED AS TO FORM: CU.() al '"' Print Name and Title grizue4, 1? 43,54.4 Date: / Stephen P. Deitsch City Attorney CONCUR: e Tait Public Works Services Department Revised 04/13 12 EXHIBIT A Scope of Services for the Preparation of the Multi-Benefit Stormwater Project Concept Reports for the Rio Hondo/San Gabriel River Water Quality Group shall include, but not limited, to the attached "Scope of Work". 13 24347.00006\30493020.2 FEE PROPOSAL.OPTIONAL 0113 ITEMS FOR.RH/SGR WQG Multi-Benefit Stortnater Project Concept Reports craft s •• r •' Conoco ,FIred Price by Deliverable Develop Feasldllty Study and Project Concept Reports(vrah 30%Designs)for the Rio Hondo San Gabrml River Submitted to:City of Arcadia(Ann:Vanessa Hevener) Water Quality Group rWMP CRAFTWATER ENGINEERING INC CDC. TOTAL COST f ° ' - Task Description - £v u° -_ _- iota(aM1Total Labor _ -Gc m _~a i- Hu �R E. c°m V ar' F O m - 2 > s. y v r ours Effort � a 2- 0245.00 235.00 245.00 085.00 /40.00 130.00 � IMIIIIIIIIIIOIIIIIIIIMIIIIIIIIIIIIMIIIIMMMMIIIIIIMIIIMIIIIIIIINII PHASE 1 FEASIBILITY STUDY(FY 19-20) 1.975 - 82.383 - - - 82.383 84.358 Task 1GeotechnkalInvestigation " G Sire tEp9 Dalton and Eaton Wash � F Field Pr paration 2 430 IIII 12.452 j I _ I 12.452 12682 Field Work 185 32556 _35 741 Traffic Control 1 105 .. 18.250 " 19.435 GeoteoFeccal and Seismic Memo �� 7 1 1.175- 15125MI l 16.300 PHASE 2.FEASIBILITY STUDY(FY 1920) 57 940 57.940 41.1111111111111....../.111111111.11111.1=11111. 1.111111111.1 • MUM ""'um nk : 14.485 eatoralion 14465 Encanto Park - 1 I 214.485 Basin 36 et SFSG 1 2... : r 60 ..._ 14.485 PHASE 3.PROJECT CONCEPTS 331 30°b DESIGN(FY 20-21) - - 33.730 82 060 - 112 770 194.830 228.560 Task 18.MonfeafeS Plan i Mondori Plan - ro Arcadia cHondooelun, Restoration1.i._� 44®� � 6,765 6,765 10570 Jot IS 6,76. 6,766 10.870 Encanto Park 1 4 - ®... 29 4.1 C6 6.765... 6.766 10.870 Bann 3E H SF8G - - 6.766 10.870 Monitoring Implementation 3E tmion 1{. 4 i. ®. 291 4.105 6 785 W :---- -_1 4 281 4,105 27,50025 I 105 11.1111111.1111.EK3 27,500 31.806 Task 19.Final Deliverable - 1 27500 -..31.805 -__ Landscape Renderings rys 1 Arcadia Arboretum 2 d l 2 � 8 C 1.631. 1 16.110,...16.110 17.930 Rio Hondo Ecosystem Restoration 2 4 2 8 f 1.620- 322201 ...32.720 34,040 __- Encamo Park2 16.110 1 15110 17,930 Basin 3E at SFSG 29 4 2 8 4. 25 841,820 . -..1_83116.1101 .. 16,110 17.830 Green Streets(Bi•Dalton antl Eato Wash) �_- --- 2 4 2- -------Y --8 1.820'. 1111. 32220 I 32710 31,040 GRAND TOTAL _ 44 103 260 i 624 I 637 93 645 1 -- FEE PROPOSAL FOR:RH/SGR WQG Meltl-Beene7N Stormweter Project Concept Reports craft Water Contract Type.Fled Pope by Deli.erabl Develop Feasibility Study end Project Concept Reports(with 30%Designs)for the Rio Hondo Sen Gabriel Muer Submitted to:City of Arcadia(Attu:Vanessa Hevener) Water Quality Group iWMP Task Descr�p[ion __ £ u _ _- Total Labor Toth Labor - __ _ _ ¢` _ _= Hours Effort i.m°r. , a , B101egRatee 255.00 . 285.00 24500 . 08500 , 14000 I 130.00 _ _ .,._ Task 0.Project Management,Coordination,and MMings _I Project Schedule - 9 9 - 18 3870 - 38701 Project Coordination tel 36 36 36 - 1261 28.710 - - - _ - i-___Meelings(KokeR,MoMM_�Stakeholdersj_.__ �_El }_- - I 28.710 __� _ _ _�_ 3- - - _ - _ _ - - Kick-Off Meeting. 4 4 - - 16' 3721 - - - - - 3720 .Monthlt P pct Te Meetink(16 m nth) 38 36 - 72 18480 - - - - - - 18480 SUBTOTAL Task 0.P oj_eet ManepaneMCoordlnatlon and Meetlnge 84_, 08 - _ pay 61,780 - - - _- 67,750♦Task 1.Geotechnical E IationArcadia Arboretum - Field Preparation 1 1 - 2 430 2,000 4,384 4,384 6,814 Fieltl Work - 1 - - 1 185 8223 8223 8.406 Sols Laboratory - 1 - - 1 185 2.490 2.490 1, 2,675 Geotechnical and Seismic Memo __ 1 2 4 - 7 1,175 8,930 6,930 8.105 Hondo m Rio Hllo Es-lest Restaaiion �._. - - _ Field Prevatim _. -.._. • 1 1 - - 2 430 .2000 4,054. 4051 8484 Field Work - - 1 - - 1 185 10,960 10,980 11,145 Sills Laboratory -.. - 1 - 1 785 3.643 3.643 8828 Geotechnical and Seismic Memo - - 1 2 4 - 7 1,175 6,9008,930 8,105 Fnwdo Perk -. -Field Pre•.ration -.... -- 7 1 2 430 5,297 1 5,297 5,727 Fisk'Work -""- "-� - 7 - 1 185 91121 9.112 9,297 Sods Laboratory . 1 - . 1 185 2,490 2490 2,675 OepleeMieal end Seismic Memo • - 1 2 4 - ( 7 1175 6,930 . 8930 8,105 Basin 3E at SFSG Field Preparation__ - -. 1.... 1 - - 2 430 2,000 5,297 5,297 7,727 Field Work - 1 - 1 185 9,112 9,112 9.297 Sob Laboratory_ - - 1 - 1 18.5 2,490 2490 2.675 G0MWriice end Seismic Memo _ 1 2 4 - 7 1,175 6.930 8930 8,705 Green Streets(OPTIONAL-SEE OPTIONAL BID ITEMS) - - SUBTOTAL Task 1.GadMk eOal Evaluation - - 8 30 18 44 7,900 8,600 85271�.. - - - 86,271 108171 Ta2 Prellml� nvironm sk Environmental Site Screen (Phase I ESA) I - Arcadia Arboretum______._ 1 1 2 4 760 -.. 3,854 3,854 4.614 Rio Hondo E ism Resloraton - 1 1 - 2 - 4 760 4237 8237 8997 _ _#, EmaMO Pork 1 1 2 - 4 760 3.008.... 3.088 3,819 Basin 3E at SFBG -.. 1 1 -.. 2 - 4 760 3,089- , 3,089 3,849 SUBTOTAL Task 2.PralIMuaryEnviromreMalBb SceMw inq Phone - 4 4 -t - 16 3,010 14281, - - • - 1/269 i 11,309 Task 3.Seismic Analysts(Geote/rnleal) - '----4_ - I `^ ,Geotechnical Seismic Analysis Report - 1 1 2 2 • 6 1,138 - - 1,130 .. SUBTOTAL T sic 3.Seismic Analysis(Geotechnical) - 1 1 2 2 6 1,130 - - i - _ _ - 1,130 Task 4.Utility Search t Utility Search --__� - - 2 8 32 - 42'- 6,450 .4237 - 4,237 10.687 Incorporate Info CAD - - 2 5 64 64 138 19,250 3,089 L - - - 3.069 22339 8U8TOTAL Task 1.Utility Search __...._ _ - - 4 IS 90 M 108 26,700° 7,228 - - - • 7,328 33018 Taft Ta15.Environmental Evaluationl000000eMetlon - - - Environmental Evaluation end Permf Requirements 1 2 8 32 120 - 163 25,415 - - • 25,415 m SUBTOTAL Task 5.Environmental EvaluatlonlDocuentatlon 1 2 8 32 120 - 163 268,416 _ - , - - - - - ( 28116 '® Task Doscr,l.. -_ £ £T. a J _ -7 Total Labor Total Labor -m _ _ Q - +e _ _` a _ _ E So,, Effort 3 0 e i ,j a o c 0a a a - a - •tTaskB Reid Work � � ) _�� Site VWt(Drainage Area and existing storm drains/channels) - - • Arcadia Arboretum j - - - 1,790 • Rio Hondo Ecosystem Restoration e _ - - 1.790 Encant Park 2 4 - 10 I 1,790 _�_a - - - 1390 - Bas 3E at SFSG 2 4 - 10 1.790 1 1.790 Gr Streets(Big Dalton and Eaton Wash 4 --- 8 - 1 20 3,580 - - - - 3.580 SUBTOTAL Task 6.Field Work 10,740 - - - 10,740 Took?lopog p.Ie and Seismic Survey _ 1 T•µ,ra."c Suave surface.and faults Arcadia Arboretum -- 615 13.420 13,420 14.0E Rio Hallo Ecosystem Restoration 615 - 39,755 39,765. 40,380 Encanto Park ._ 615 - 9,027 9,020 9,6E Basin 3E at SFSG 615 - 16dM0 16.940 17,555 Green Streets(Big Darton and Eaton Wash) < 4,185+ - - - 4,185 AutoCAD Bate .v - ArcadiaArboretum _-- 61 - 10,870 10,670 11,285 Rio HondoEcosystem R t t n2 615 It • 5,3E 5.3E 5,950 Enc t Pak __ 2 - - 3 615i - 5.280 5.280 5.895 Grein 3Ee1 SFSG �� 2 3 505' • 7;150 7,150 7,76550 Ba Streets(Bi Dalton and Eaton Wash) 4 :n 93 12505 - - 12,515 g SUBTOTAL Task 7.Traphlc and Seismic Survey K 146 21,610 - 107,580 107,880 139,190 !Task B.Hydrology ..,,,,,,Study(85th Percentde and SW Capture Potential)--� - - -- - Arcadia Arboretum 2 12 32 47 7,425 7,425 Rio Hondo Ecosystem Restoration 2 12 47 7,425 7,425 Enc t Park 2. 8 35 5.566 5,5E Ba 3E at SF SG 2# 8 35 5,5E - 5,586 Gr Streets(Big Dakon and Eaton Wash1 2 12 67 10225 - - 10,225 SUBTOTAL task B.Hydrology _.._._ 10 52 231 36,205 - - - - 36,200 Task 9.Commonly and StakeholderOutreach OutreachStrategy . 4I 4 12 2,280 9,075 9.075. 11,355 a- ____ AN ed d Outreach A t lies OPTIONAL.4 Events 16 16� 16 64 14,880 - - 16,880 LACFCD Permit•Conceptual Renew 8 fff 8 28 5.120 5,120 SUBTOTAL Task 9.Community and Stakeholder Outmeach 16® 261....... 2t�®®®��®.�®®� Task 10.StormwaterG pt and WaterQuality Analysis f BMP Optima[ Anal yis(WMMS and SUSTAIN) t Arcadia Arboretum 1 2 8• 32 103 17,015 17,015 RioHondoEcosystem Restoration 1 2 8 32 'e 103 17,015 - - 17,015 Enc t P k 1 2 8 32 :r111 103 17.015 - - 17,015 Bas 3E t SFSG _ 1 2 8 32 s 103 17,015 - - 17.015 Green Streets(9rg_Bielton and Eaton Wash) 1 2 8 32 .. 103 17.015 - __EPS. 17,015 Stoemwater Capture 0050513 Options Report -1 ��. Arcadia Arboretum 1 2 4 I 20 32 - 59 9,895 - - - 9,895 1 Rio Hondo E__y_stem Reetoraem 1 2 4) 20 32 - SB 8.885 - - 9,895 ErcaMo Park 1 2 4 20 32 - 59 9,�5 - - - 9395, ' Basin 3E at SFSG - 1 2 4 20 32 - 59 9.eH5 - S - - 9,8%f Green Streets(Big Dalton and Eaton Wash) 1 2 4 20 32 59 9,895 1 9,895 SUBTOTAL Task 10.Stormwatw Capture and Water6ua$lyAnalyW 10 20 50 280 460 - 810 134,060 - - - - - 134,660 !Task 11.GIS Maps - f GISMapsof Peds I _ - Arcadia lvboreturn 1 4 8 12 16 41 6,455 6,455 8. Task DescriP[ion _ s - £u ` __ _-- __ total Labor Totnl lnbor _ _ c c a- _ _5 Hours Effort m _o;,---n 3 5-, - f f JA m_ 2" i- j E 3 d _ oo 3 f - - Cr', > a Rio Hallo Ecosystem Restoration 1 4 S t_._. 12 16, 41 6,4E6 J _ »_.}_____- 6.455 Encanto Park - 1 4 8 e 12 16 41 6.455 1 _ __ r__ 6455; -.,___ - - Basks 3E at SPSG _.�. - 1 4. 8 12 16 41 6456 _ - - - 6,4551 Green Struts(Big Dalton and Eaton Wash) -� 4 4 8 12 16 44 7,160 . - - 7.160 SUBTOTAL Task 11.018 FLss__..., -..... - 9 20 40 80 98 I 206 32,980 - - - - - • 32,980 Task 12.Water Conservation - Water Conservation Potential Analysis j Arcadia Arboretum - 1 2 4 161 - 23 3,705 - - - 3,705 __- I Rb Hondo Ecosystem Restoration _ - 1 2 4 16 - 1 23 3,715 - - - 3,705 Encanlo Park - 1 2 4 16 - 23 3,705 - - 3,705 Basin 3E at SPSG - 1 2 4 16 - 23 3.705 - - 3,795 Green Streets(&g Dalton and Eaton Wash) - 1 2 _ 4 16 - 231 3,705 - - - 3,705 Stormweter Harvesting BRewe Design(OPTIONAL-SEEOPTIONAL BID ITEMS) _ SUBTOTAL Task 12.Water Conservation - 0 10 20 601 • 1164 19,520 - - Y. - 18,525 !Task 13.Feasibility Repod - I_ _ _ I Draft Feasibility Report - 8 40' 120 2801 - 448 i 73,053 - - 75080 8DBTOTAL Task 13.FYSIMII�Report 9 40 120 2W 1 - 986 j 73,OW - 73,980 ,Task 14.Permits .�_ - - f ; _Regulatory Requirements Report -, ) ..ArIdia Arboretum 1 4 8 32 - 451 7,175 I - 7,175 H Rio_ ystem Restoration - 1 4 8 32 - 45 7,175 7,175 i Hand E Encanto Perk 1 4 6 32 - 45 7,175. --- 7,175 i- Basin 3F at SPSG - 1 4 I 8 32 - 45 7,175 - t - :7;175 SUBTOTAL Task 14.Permits 4 10 32 128 - 160 - CostC st d Schedule i - ?J.700 . Project Cost Et t ' ArcadiaArboretum 1' 4 131 2.105 2.105 Rio Hondo Ecosystem Restoration - 1 4 - 13 2,106 - 2,106 Enoanto Park 1 4 13 2,105 - - 2,105 __. .. ..�_>... Basin 30 atSFSG - 1 4 - 13 2,105 - 2,105 Green Streets(Big Dalton and Eaton Wash) 1 4 - 13 2105 - 2,105 Projea Implementation Schedule - Arcadia Arboretum - 1 2 4a 15 2585 - 2.585 Rio Hondo Ecosystem Reetaation 1 2 4 i - 15 I 2.585 - 2.595 Ercanto Park - 1 2 4 - 15j 2585 - 2595 Ba 3E at SFSG - - 1 2 4 - 15L 2586 - 28851 -_ Green Streets(Big Dalton and Eaton Wash) . 1 2 4 - 151 25E6 - 2,585 i SUBTOTAL Task 15.Project Cost and Schedule - 6 18' 40 60 - 140 23,460 - - -- - - - - 23,400 Task 16.Safe Clean Water Program(SCWP)Scoring Cdisda - _ • _ - - - SCWP Scoring and Recommendations - 4 4 18 40 - 64 10.480 - 10,480 SUBTOTAL Task 16.Sale Clean Water Program(SCWP)Scoring Criteria_ - 1 4 10 40 04 18,410 __ all-- - - 10,460 Task 17 anon and Maintenance - r Drat 08MTable - t - ( _ - - Arcadia Arboretum 1 2 i B 16 - 271- 4,445 - - 4,415 Rio Hondo E_yd Restoration - 1 2. 8 16 - 27 4,445 - - 4,445 Encanto Park - 1 2 8 16 - 27 4,445 - - 4.445 _,_... .._.._ ._.....____ Beam 3E et SFSG - 1 2 8 16 - 27 4.445 - - 1,445 Green Streets(Big Dalton and Eaton Wash) - 1 2 8 16 - 27 4.445 - - 4.445 SUBTOTAL Task 17.Opartition and Maintenance - 5 10 40 80 - 135 22,225 - - - - - - - 22,226 Task 18..Moeftodng,Plan(OPTIONAL-SEE OPTIONAL BID ITEMS) - - Task 16.Final Deliverable ` ! - • Preliminary Concept Report 1 4 ( - - Ng 15' 27I ..x6 oesc,nlmn - _ = — a— _ meal Labor Total Labor _ — ° - ` - = e� -_ _ --_ Hours EHon - 2 E.: a _c a n Arcadia Arboretum i 1 4-+_-... 8 80 120 - 213 34.7% 34.766 H —_ — Poo Hondo Ecosystem Restoration 1.-__-__ 1 4 8 BD 120 213 34,76 - '{ - 3g76 (- Encanto Park 1 4 1 8 80 120 - 213 34,765 j - II _ i - 34,76 Bae 3E et SFSG 1 N 4 1 8 80 120 - 213 34,7 - .34,765 1.- ..__ 1 GreenStreets(&p Dation and Eaton Wash) 1 4 16 180 240 - 421 68.325 - 1_ 68,325 1UBTOTAL Task 19.FMa1 Deliverable(Concept Report) 6 20 t 46 460 720 - 1,273 I 207,305 - - , - - _ 207,366 30%Dea'4^FI ' i.. - - - _Arcadi Arboretum 1 2 13 25 49 9B 188II 28.145 ' Rio Hondo Ecosystem Restoration 1 2 1 28 _ 58 111 773. 421 i @,355 - �... 21,207 I S - 29.207 62682 Encanlo Pork 1 2 14 27 54 107 25 30,630 - - 306:6 - Basin 35 at SFS° I 1 2 11 21 41 61 157 23,56 - S 23,56 Litton Streets 1&9 Dalton and Eaton Wash) 1 2 41 81 162 324 611 1 90,56 16 90,5 SUBTOTAL Task 19.FIna1 Deliverable j30%Design Plans) 6 10 107 210 417 632 1,561• 238,220 - • - 1 - 20,207 • 20,207 265,467 1' _._ LANDSCAPE PLANS(OPTIONAL SEE OPTIONAL BID ITEMS ' GRAND TOTAL .-.., . . __ EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below. The schedule of prices is attached as attachment "A" to this Exhibit "B". Preparation of the Multi-Benefit Stormwater Project - $1,623,041.00 Concept Reports for the Rio Hondo/San Gabriel River Water Quality Group Total Compensation: - $1,623,041.00 The total Compensation shall not exceed the total listed without written authorization in accordance with Section 2(b) of this Agreement. (See Attached fee breakdown). 14 24347.00006\30493020.2 EXHIBIT C All work shall be completed in accordance with the following schedule: - Work to be done for two years from the date of execution. 15 24347.00006\30493020.2 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Thursday, July 16, 2020 3:33 PM To: Rachelle Arellano Subject: RE: City Attorney review - 7/14/2020 Rachelle,the PSA with Craft Water Engineering, Inc., needs to have attached to Exhibit "B" the list of labor rates. Please make sure that happens. With that, I approve the PSA as to form. Please use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com EC3- BB&K eCommunications changed July 1.Subscribe for Legal Alerts,Webinar invitations and more! Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be pi'y; icaiiy closed, Ifective March .17, 2020. Because all staff are working remotely,. all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not r..e ive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best gest& acs io g er LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your mutter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, July 14, 2020 10:08 AM To: Stephen P. Deitsch Cc: City Attorney Subject: City Attorney review - 7/14/2020 CAUTION EXTERNAL SENDEIR Hi Steve, Attached is a folder with the following items for your review: 1. Amendment No. 2 School Crossing Guard 2. Letter regarding DUI — Received by Robert Base 3. Official Parking Enforcement Services — PD 1