city of marina california american water temporary slant test well project 11-06-13

8/14/2019 CITY of MARINA California American Water Temporary Slant Test Well Project 11-06-13

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November 1, 2013 Item No. 8g(3)

Honorable Mayor and Members City Council Meetingof the Marina City Council of November 6, 2013

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013 - ,APPROVING AMENDMENT #1 TO A CONTRACT BETWEEN THE

CITY OF MARINA AND SWCA ENVIRONMENTAL CONSULTANTS

OF SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL

PLANNING SERVICES RELATED TO THE CALIFORNIA AMERICAN

WATER TEMPORARY SLANT TEST WELL PROJECT; AND

AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT

AMENDMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL

REVIEW AND APPROVAL BY THE CITY ATTORNEY

REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 2013- , approving Amendment #1 to a contractbetween the City of Marina and SWCA Environmental Consultants of San LuisObispo California, for environmental planning services related to the CaliforniaAmerican Water Temporary Slant Test Well project, and;

2. Authorize City Manager to execute the contract amendment on behalf of the City,subject to final review and approval by the City Attorney.

BACKGROUND:

On October 19, 2012, California American Water (Cal Am) submitted an incomplete applicationfor a Coastal Development Permit for a temporary slant test well for the Monterey PeninsulaWater Supply Project (MPWSP). The data from the test well will be used to design the MPWSPsystem.

On November 7, 2012, the City Council adopted Resolution 2012-168, approving a FeeAgreement between the City of Marina and California American Water for provision of planningand attorney services related to review and processing of a slant test well project located at thenorth-west corner of the Lonestar California, Inc. site, Marina (APNS 203-011-019 & 203-011-001); authorizing the Finance Director to make the appropriate accounting and budgetary entries,and; authorizing the City Manager to execute the Fee Agreement on behalf of City subject tofinal review and approval by the City Attorney. The Fee Agreement was fully executed onDecember 14, 2012.

On March 12, 2013 California American Water submitted a revised but still incompleteapplication for the project, and on July 2, 2013 California American Water submitted a furtherrevised and complete application for a new, preferred location for the temporary slant test wellwithin the operational area of the CEMEX Inc. property located in the northwest Marina (APN203-011-019).

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On July 31, 2013, pursuant to Resolution No. 2013-16 which sets the City Manager purchasingand contract authority without prior City Council approval for amounts up to $25,000, aPurchase Order in the amount of $20,189 for preparation of an Initial Study for the project wasexecuted.

SWCA Consultants Finance Director also requested that a Contract for Services be prepared, inaddition to the Purchase Order. The contract, allowing for services up to $24,999 (EXHIBITA) was reviewed by the City Attorney and on October 11, 2013 was fully executed.

A second Purchase Order in the amount of $3,047 was executed on October 16, 2013 to allowfor a second site visit by the consultants to the CEMEX site.

Thus, authorized expenditures under the Contract for Services and Purchase Orders total$23,236. The authorized work, preparation of an Initial Study for the Cal Am Slant Test WellProject, is complete.

ANALYSIS:

The next steps are to prepare additional technical studies identified through the agency referral

process during preparation of the Initial Study, and prepare the environmental document. TheCity is currently consulting with the Sierra Club pursuant to a 1986 Settlement Agreement forprojects within the Coastal Zone and has not yet determined what environmental document willbe required (Environmental Impact Report or Mitigated Negative Declaration). The ExecutiveCommittee of the Ventana Chapter of the Sierra Club meet on November 6, 2013 and may ormay not make a recommendation to the City on that day. As such, it is not yet known what theScope of Services, including Schedule and Budget for the environmental document will be.

On November 29, 2013 staff met with Cal Ams Project Manager and determined that in order tokeep the project moving forward two amendments to the contract with SWCA would berequested of City Council. Amendment #1 (attached to EXHIBIT A) will allow for the

technical studies to be prepared. It is anticipated that Amendment #2, which will address theenvironmental document, will be presented for review and consideration at a future Councilmeeting. Due to the tight timeframe for preparation of the Scope of Services (two days) forAmendment #1, the costs are based on very conservative assumptions and represent a maximumbillable amount in order to allow the work to proceed.

This work will be completed by SWCA Consultants, Inc. and reviewed by staff and the Citys

professional advisors on a cost recovery basis under the existing Fee Agreement.

An additional deposit by California American Water in the amount of $20,000 is anticipated tobe made to FY 2013-14 General Fund Deposit Account No. 11.161.56310.4004 this week to

ensure that adequate funding is contained in the FY 2013-14 General Fund Expenditure AccountNo. 11.161.65890.4004. A financial reconciliation is scheduled within the next two weeks toguarantee that the account remains in good standing.

CONCLUSION:This request is submitted for City Council consideration and possible action.

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Respectfully submitted,

____________________________Theresa Szymanis, AICPPlanning Services ManagerCity of Marina

REVIEW AND CONCUR:

_____________________________Christine di Iorio, AICPCommunity Development DirectorCity of Marina

_____________________________

Layne P. LongCity ManagerCity of Marina

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RESOLUTION NO. 2013-

A RESOLUTION OF THE CITY OF MARINA CITY COUNCIL APPROVINGAMENDMENT #1 TO A CONTRACT BETWEEN THE CITY OF MARINA AND

SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS OBISPO, CALIFORNIA,FOR ENVIRONMENTAL PLANNING SERVICES RELATED TO THE CALIFORNIA

AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT; ANDAUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT ONBEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE

CITY ATTORNEY

WHEREAS, on October 19, 2012, California American Water (Cal Am) submitted anincomplete application for a Coastal Development Permit for a temporary slant test well for theMonterey Peninsula Water Supply Project (MPWSP), and;

WHEREAS, on November 7, 2012, the City Council adopted Resolution 2012-168, approving aFee Agreement between the City of Marina and California American Water for provision of

planning and attorney services related to review and processing of a slant test well projectlocated at the north-west corner of the Lonestar California, Inc. site, Marina (APNS 203-011-019 & 203-011-001), and;

WHEREAS, on March 12, 2013 California American Water submitted a revised but stillincomplete application for the project, and

WHEREAS, on July 2, 2013 California American Water submitted a further revised andcomplete application for a new, preferred location for the temporary slant test well within theoperational area of the CEMEX, Inc. property located in northwest Marina (APN 203-011-019),and;

WHEREAS, on July 31, 2013, pursuant to Resolution No. 2013-16, a Purchase Order in theamount of $20,189 for preparation of an Initial Study for the project was executed, and;

WHEREAS, a Contract for Services was also prepared allowing for services up to $24,999 andon October 11, 2013 was fully executed, and;

WHEREAS, a second Purchase Order in the amount of $3,047 was executed on October 16,2013, and;

WHEREAS, authorized expenditures under the Contract for Services and Purchase Orders total

$23,236, and

WHEREAS, the authorized work, preparation of an Initial Study for the Cal Am Slant Test WellProject, is complete, and;

WHEREAS, Amendment #1 (attached to EXHIBIT A) to the Contract for Services will allowfor the technical studies to be prepared, and;

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Resolution No. 2013-Page Two

WHEREAS, an additional deposit by California American Water in the amount of $20,000 isanticipated to be made to FY 2013-14 General Fund Deposit Account No. 11.161.56310.4004this week to ensure that adequate funding is contained in the FY 2013-14 General FundExpenditure Account No. 11.161.65890.4004.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina doeshereby:

3. Approve Amendment #1 to a contract between the City of Marina and SWCA EnvironmentalConsultants of San Luis Obispo California, for environmental planning services related to theCalifornia American Water Temporary Slant Test Well project, and;

4. Authorize City Manager to execute the contract Amendment on behalf of the City, subject tofinal review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting dulyheld on November 6, 2013 by the following vote:

AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

________________________Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Acting Deputy City Clerk

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CITY OF MARINAAGREEMENT FOR PLANNING CONSULTING SERVICES RELATED TOPREPARATION O AN INITIAL STUDY FOR THE CAL AM SLANT TESTWELL PROJECT

TI S AGREEMENT is made and entered into on October 11 2013, by andbetween the City of Marina, a California charter city, hereinafter referred to as the City,and SWCA Environmental Consultants, a California corporation hereinafter referred to asthe Contractor. City and Contractor are sometimes individually referred to as partyand collectively as parties in this Agreement.Recitals

A. City desires to retain Contractor to prepare an Initial Study for the CaliforniaAmerican Water Temporary Slant Test Well Project, hereinafter referred to asthe Project.

B. Contractor represents and warrants that it has the qualifications, experienceand personnel necessary to properly perform the services as set forth herein.C. City desires to retain Contractor to provide such services.

Terms and ConditionsFor of good and valuable consideration, the receipt and sufficiency of which ishereby acknowledged and in consideration of the mutual promises contained herein, Cityand Contractor agree to the following terms and conditions:

1 Scope of Work(a) Contractor is hereby hired and retained by the City to work in a cooperativemanner with the City to fully and adequately perform those services set forth in Exhibit

A attached hereto ( Scope of Work ) and by this reference made a part hereof. Withprior written notice to Contractor, City may elect to delete certain tasks of the Scope ofWork at its sole discretion.(b) Contractor shall perform all such work with skill and diligence and pursuant togenerally accepted standards of practice in effect at the time of performance. Contractorshall provide corrective services without charge to the City for work which fails to meetthese standards and which is reported to Contractor in writing within sixty days ofdiscovery. Should Contractor fail or refuse to perform promptly its obligations under this


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Agreement, the City may render or undertake the performance thereof and the Contractorshall be liable for any expenses thereby incurred.(c) If services under this Agreement are to be perfonned by a design professional,as that term is defined in California Civil Code 2782.8(b)(2), design professional

certifies that all design professional services shall be provided by a person or personsduly licensed by the State of California to provide the type of services described inSection l(a). y delivery of completed work, design professional certifies that the workconforms to the requirements of this Agreement and all applicable federal, state and locallaws, and the professional standard of care in California.(d) Contractor is responsible for making an independent evaluation and judgment

of all relevant conditions affecting performance of the work, including without limitationsite conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic,climatic conditions, applicable federal, state and local laws and regulations and all othercontingencies or considerations.(e) City shall cooperate with Contractor and will furnish all information data,records and reports existing and available to City to enable Contractor to carry out workoutlined in Exhibit A. Contractor shall be entitled to reasonably rely on information,data, records and reports furnished by the City, however, the City makes no warranty sto the accuracy or completeness of any such information, data, records or reports

available to it and provided to Contractor which were furnished to the City by a thirdparty. Contractor shall have a duty to bring to the City's attention any deficiency or errorit may discover in any information provided to the Contractor by the City or a third party.2 Term o Agreement Commencement o Work

(a) Unless otherwise provided, the term of this Agreement shall begin on the dateof execution of the Purchase Order for Services and shall continue until completion of theproject or upon 30-days prior written notice to terminate is given by either party or theAgreement is terminated earlier s provide herein. The date of full execution is definedas the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by theboard, officer or employee authorized to give such approval, and;(ii) The office of the City Attorney has indicated in writing its approval ofthis Agreement s to form, and;(iii) This Agreement has been signed on behalf of Contractor by theperson or persons authorized to bind the Contractor hereto, and;(iv) This Agreement has been signed on behalf of the City by the persondesignated to so sign by the City's Council or by the officer or employee authorized toenter into this Contract and is attested to by the Marina City Clerk.


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(b) Contractor shall commence work on the Project on or by July 31, 2013. ThisAgreement may be extended upon written agreement o both parties. Contractor may berequired to prepare a written schedule for the work to be performed, which schedule shallbe approved by the City and made a part o Exhibit A, and to perform the work inaccordance with the approved schedule.3. Compensation

(a) City liability for compensation (including but not limited to compensation forservices, extra work, or anything else that might require additional monies) to Contractorunder this Agreement shall only be to the extent o the present appropriation to fund thisAgreement (to the extent o the appropriation by Cal m to fund all costs o City'sprocessing o the Cal Am Slant Test Well Application). For services to be providedunder this Agreement City shall compensate Contractor in an amount not to exceedTwenty Four Thousand Nine Hundred Ninety Nine Dollars ($24,999.00) in accordancewith the provisions o this Section and the Fee Schedule attached hereto (Section B oExhibit A and incorporated herein by this reference.

(b) Invoice(s) in a format and on a schedule acceptable to the City shall besubmitted to and be reviewed and verified by the Project Administrator (see Section 5(a))and forwarded to the City's Finance Department for payment. City shall notifyContractor o exceptions or disputed items and their dollar value within fifteen days oreceipt. Payment o the undisputed amount o the invoice will typically be madeapproximately thirty days after the invoice is submitted to the Finance Department.(c) Contractor will maintain clearly identifiable, complete and accurate records

with respect to all costs incurred under this Agreement on an industry recognizedaccounting basis. Contractor shall make available to the representative o City all suchbooks and records related to this Agreement, and the right to examine, copy and audit thesame during regular business hours upon 24-hour's notice for a period o four years fromthe date o fmal payment under this Agreement.(d) Contractor shall not receive any compensation for Extra Work without theprior written authorization o City. As used herein, Extra Work means any work that isdetermined by the City to be necessary for the proper completion o the Project but which

is not included within the Scope o Work and which the parties did not reasonablyanticipate would be necessary at the execution o this Agreement. Compensation for anyauthorized Extra Work shall be paid in accordance with Exhibit A

(e) Expenses not otherwise addressed in the Scope o Services or the FeeSchedule incurred by Contractor in performing services under this Agreement shall bereviewed and approved in advance by the Project Administrator (Section 5(a)), becharged at cost and reimbursed to Contractor.


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f) There shall be no charge for transportation within Monterey, Santa Crnz andSan Benito Counties required for the performance of the services under this Agreement;travel to other locations must be approved in writing and in advance by the City, mileagewill be charged at the then current standard rate for business travel as set by the U.S.Internal Revenue Service for such approved travel.4 Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by eitherparty in the event of a substantial failure by the other party to fulfill its obligations underthis Agreement through no fault of the terminating party, provided that no terminationmay be effected unless the other party is given (1) not less than ten days written notice ofintent to terminate, and (2) provided an opportunity for consultation with the terminatingparty prior to termination.(b) f termination for default is effected by the City, an equitable adjustment in the

price provided for in this Agreement shall be made, but (1) no amount shall be allowedfor anticipated profit on unperformed services or other work, and 2) any payment duethe Contractor at the time of termination may be adjusted to cover any additional costs tothe City because of the Contractor s default. f after the termination for failure ofContractor to fulfill its contractual obligations, it is determined that the Contractor hadnot failed to fulfill contractual obligations, the termination shall be deemed to have beenfor the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for itsconvenience upon not less than thirty days prior written notice to Contractor. Not laterthan the effective date of such termination or suspension, Contractor shall discontinue allaffected work and deliver all work product and other documents, whether completed or inprogress, to the City.

(d) f termination for default is effected by the Contractor or if termination forconvenience is effected by the City, the equitable adjustment shall include a reasonableprofit for services or other work performed. The equitable adjustment for terminationshall provide for payment to the Contractor for services rendered and expenses incurredprior to the termination, in addition to termination settlement costs reasonably incurredby Contractor relating to written commitments that were executed prior to thetermination.5 Project Administrator, Project Manager Key Personnel.

(a) City designates s its Project Administrator, Theresa Szymanis, PlarmingServices Manager, who shall have the authority to act for the City under this Agreement.The Project Administrator or his/her authorized representative shall represent the City inall matters pertaining to the work to be performed pursuant to this Agreement.


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(b) Contractor designates Emily Creel s its Project Manager who shallcoordinate all phases of the Project. The Project Manager shall be available to City at allreasonable times during the Agreement term.(c) Contractor warrants that it will continuously furnish the necessary personnel tocomplete the Project on a timely basis as contemplated by this Agreement. Contractor, tthe sole discretion of City, shall remove from the Project any of its personnel assigned tothe performance of services upon written request of City. Contractor has represented toCity that certain key personnel will perform and coordinate the work under thisAgreement. Should one or more of such personnel become unavailable, Contractor maysubstitute other personnel of at least equal competence upon written approval of the City.In the event that City and Contractor cannot agree as to the substitution ofkey personnel,City shall be entitled to terminate this Agreement for cause.6 Delegation o Work

(a) f Contractor utilizes any subcontractors, consultants, persons, employees orfirms having applicable expertise to assist Contractor in performing the services underthis Agreement, Contractor shall obtain City s prior written approval to such employment.Contractor s contract with any subcontractor shall contain a provision making thesubcontract subject to all provisions of this Agreement. Contractor will be fullyresponsible and liable for the administration, completion, presentation and quality of llwork performed. f such persons are utilized, they shall be charged at cost. City reservesits right to employ other contractors in connection with this Project.

(b) f the work hereunder is performed by a design professional, designprofessional shall be directly involved with performing the work or shall work throughhis, her or its employees. The design professional s responsibilities under this Agreementshall not be delegated. The design professional shall be responsible to the City for acts,errors or omissions of his, her or its subcontractors. Negligence of subcontractors oragents retained by the design professional is conclusively deemed to be the negligence ofthe design professional if not adequately corrected by the design professional. Use of theterm subcontractor in any other provision of this Agreement shall not be construed, toimply authorization for a design professional to use subcontractors for performance ofany professional service under this Agreement.

(c) The City is au intended beneficiary of any work performed by a subcontractorfor purposes of establishing a duty of care between the subcontractor and the City.

7. Skill o Employees Contractor shall ensure that any employees or agentsproviding services under this Agreement possess the requisite skill, training andexpelience to properly perform such services.8 Confidential and Proprietarv Information In the course of performingservices under this Agreement Contractor may obtain, receive, and review confidential orproprietary documents, information or materials that are and shall remain the exclusiveproperty of the City. Should Contractor undertake the work on behalf of other agencies,


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entities, firms or persons relating to the matters described in the Scope o Work, it isexpressly agreed by Contractor that any such confidential or proprietary information ormaterials shall not be provided or disclosed in any manner to any o Contractor s otherclients, or to any other third party, without the City s prior express written consent.9 Ownership o Data. Unless otherwise provided for herein, all documents,material, data, drawings, plans, specifications, computer data files, basis for designcalculations, engineering notes, and reports originated and prepared by Contractor, or anysubcontractor o any tier, under this Agreement shall be and remain the property o theCity for its use in any manner it deems appropriate. Contractor agrees that all copyrightswhich arise from creation o the work pursuant to this Agreement shall be vested in theCity and waives and relinquishes all claims to copyright or intellectual property rights infavor o the City. Contractor shall provide two (2) sets o reproducible o the above-citeditems, except for the computer data files which shall consist o one (1) set. Contractorshall use all reasonable efforts to ensure that any electronic files provided to the City willbe compatible with the City s computer hardware and software. Contractor makes norepresentation s to long-term compatibility, usability or readability o the formatresulting frorn the use o software application packages operating systems or computerhardware differing from those in use by the City t the commencement o thisAgreement. Contractor shall be permitted to maintain copies o all such data for its files.City acknowledges that its use o the work product is limited to the purposescontemplated by the Scope o Work and, should City use these products or data inconnection with additions to the work required under this Agreement or for new workwithout consultation with and without additional compensation to Contractor, Contractormalces no representation as to the suitability o the work product for use in or applicationto circumstances not contemplated by the Scope o Work and shall have no liability orresponsibility whatsoever in connection with such use which shall be at the City s solerisk. Any and all liability arising out o changes made by the City to Contractor sdeliverables is waived against Contractor unless City has given Contractor prior writtennotice o the changes and has received Contractor s written consent to such changes.10. Conflict oflnterest.

(a) Contractor covenants that neither it, nor any officer or principal o its frrm hasor shall acquire any interest, directly or indirectly, which would conflict in any mannerwith the interests o the City or which would in any way hinder Contractor s performanceo services under this Agreement. Contractor further covenants that in the performanceo this Agreement, no person having any such interest shall be employed by it as anofficer, employee, agent or subcontractor without the express written consent o the CityManager. Contractor agrees to at all times avoid conflicts o interest or the appearance oany conflicts o interest with the interests o the City in the performance o thisAgreement. Contractor shall represent the interest o the City in any discussion ornegotiation with business owners, citizen s groups, workshop participants or the generalpublic, and as such, may not accept compensation, commission or payment o any typefrom any such party or such party s agent.


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(b) City understands and acknowledges that Contractor may be, s of the date ofcommencement of services under this Agreement, independently involved in theperformance of non-related services for other governmental agencies and private parties.Contractor is unaware of any stated position of the City relative to such projects. Anyfuture position of the City on such projects may result in a conflict of interest forpurposes of this section.

(c) No official or employee of the City who is authorized in such capacity onbehalf of the City to negotiate, make, accept, or approve, or take part in negotiating,making accepting or approving this Agreement, during the term of his or her tenure orservice with City and for one year thereafter, shall have any interest, direct or indirect, inthis Agreement or the proceeds thereof or obtain any present or anticipated materialbenefit arising therefrom.11. Disclosure. Contractor may be subject to the appropriate disclosure requirementsof the California Fair Political Practices Act, as determined by the City Manager.12. Non Discrimination.

(a) During the performance of this Agreement the Contractor shall comply withthe applicable nondiscrimination and affirmative action provisions of the laws of theUnited States of America, the State of California and the City. n performing thisAgreement, Contractor shall not discriminate, harass, or allow harassment, against anyemployee or applicant for employment because of sex, race, color, ancestry, religiouscreed, national origin, physical disability (including HIV and AIDS), medical condition(including cancer), age, marital status, denial of family and medical care leave and denialof pregnancy disability leave. Contractor shall give written notice of its obligations underthis clause to labor organizations with which it has a collective bargaining or otheragreement.

(b) Contractor shall include the nondiscrimination and compliance provisions ofthis Section in all subcontracts.13. Indemnification Hold Harmless.

(a) Other than in the perfornmnce of professional services by a designprofessional, which shall be solely s addressed by subsection (b) below, and to the fullextent permitted by law, Contractor shall indemnify, defend (with independent counselreasonably acceptable to the City) and hold harmless City, its Council, boards,commissions, employees, officials and agents ( Indemnified Parties or in the singularIndemnified Party ) from and against any claims, losses, damages, penalties, fines andjudgments, associated investigation and administrative expenses, and defense costsincluding but not limited to reasonable attorneys fees, court costs, expert witness feesand costs of alternate dispute resolution (collectively Liabilities ), where same arise outof the performance of this Agreement by Contractor, its officers, employees, agents and


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sub-contractors, excepting only that resulting from the sole negligence, active negligenceor willful misconduct ofCity, its employees, officials, or agents.(b) To the fullest extent permitted by law (including without limitation CaliforniaCivil Code Sections 2782.8), when the services to be provided under this Agreement are

design professional services to be performed by a design professional, as that term isdefined under said section 2782.8, Contractor shall indemnify, protect, defend (withindependent counsel reasonably acceptable to the City) and hold harmless City and anyIndemnified Party for all Liabilities regardless of nature or type that arise out of, pertainto, or relate to the negligence, recklessness, or willful misconduct of Contractor, or theacts or omissions of an officer, employee, agent or subcontractor of the Contractor,excepting only liability arising from the sole negligence, active negligence or willfulmisconduct of City.(c) All obligations under this section are to be paid by Contractor as incurred byCity. The provisions of this Section are not limited by the provisions of sections relating

to insurance including provisions of any worker's compensation act or similar act.Contractor expressly \Vaives its statutory L l ~ r n u n i t y under such statues or laws to Cityits employees and officials. Contractor agrees to obtain executed indemnity agreementswith provisions identical to those set forth here in this section from each and everysubcontractor, sub tier contractor or any other person or entity involved by, for, with oron behalf of Contractor in the performance or subject matter of this Agreement. In theevent Contractor fails to obtain such indemnity obligations from others s required here,Contractor agrees to be fully responsible according to the terms of this section. Failure ofCity to monitor compliance with these requirements imposes no additional obligations onCity and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Party by reasonof any of the matters against which the Contractor has agreed to defend the IndemnifiedParty, as provided above, Contractor, upon notice from the City, shall defend anyIndemnified Party at Contractor's expense by counsel reasonably acceptable to the City.An Indemnified Party need not have first paid for any of the matters to which it is entitledto indemnification in order to be so defended.(e) This obligation to indemnify and defend City, as set forth herein, is binding onthe successors, assigns, or heirs of Contractor and shall survive the termination of thisAgreement or this Section.

14 Insurance(a) As a condition precedent to the effectiveness of this Agreement and withoutlimiting Contractor's indemnification of the City, Contractor agrees to obtain andmaintain in full force and effect at its own expense the insurance policies set forth inExhibit C Insurance attached hereto and made a part hereof. Contractor shall furnish

the City with original certificates of insurance, manually autographed in ink by a personauthorized by that insurer to bind coverage on its behalf, along with copies of all required


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endorsements. All certificates and endorsements must be received and approved by tbeCity before any work commences. All insurance policies shall be subject to approval bythe City Attorney and Risk Manager as to form and content. Specifically, such insuranceshall: (1) protect City as an additional insured for commercial general and business autoliability; 2) provide City at least thirty days written notice of cancellation, materialreduction in coverage or reduction in limits and ten days written notice for non-paymentof premium; and (3) be primary witb respect to City s insurance program. Contractor sinsurance is not expected to respond to claims that may arise from tbe acts or omissionsoftbe City.

(b) City reserves the right at any time during tbe term oftbis Agreement to changetbe amounts and types of insurance required herein by giving Contractor ninety daysadvance written notice of such change. f such change should result in substantialadditional cost of tbe Contractor, City agrees to negotiate additional compensationproportional to the increased benefit to City.

(c) All required insurance must be submitted and approved the City Attorney andRisk Manager prior to tbe inception of any operations by Contractor.(d) The required coverage and limits are subject to availability on the open marketat reasonable cost as determined by the City. Non availability or non affordability mustbe documented by a letter from Contractor s insurance broker or agency indicating a goodfaith effort to place the required insurance and showing as a minimum tbe names of theinsurance carriers and the declinations or quotations received from each. Within tbeforegoing constraints, Contractor s failure to procure or maintain required insuranceduring the entire term of this Agreement shall constitute a material breach of thisAgreement under which City may immediately suspend or terminate this Agreement or,

at its discretion, procure or renew such insurance to protect City s interests and pay anyand all premium in connection tberewith and recover all monies so paid from Contractor.(e) By signing this Agreement, Contractor hereby certifies tbat it is aware of theprovisions of Section 3700 et seq. of the Labor Code which require every employer to beinsured against liability for Workers Compensation or to undertake self-insurance inaccordance with tbe provision of that Code, and that it will comply witb such provisions

at all such times as they may apply during tbe performance of the work pursuant to thisContract. Unless otberwise agreed, a waiver of subrogation in favor of the City isrequired.

15 Independent Contractor The parties agree that Contractor, its officers,employees and agents, if any, shall be independent contractors with regard to theproviding of services under this Agreement, and that Contractor s employees or agentsshall not be considered to be employees or agents of the City for any purpose and will notbe entitled to any of the benefits City provides for its employees. City shall make nodeductions for payroll taxes or Social Security from amounts due Contractor for work orservices provided under this Agreement.


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16. Claims for Labor and Materials. Contractor shall promptly pay when due allamounts payable for labor and materials furnished in the performance of this Agreement,so as to prevent any lien or other claim under any provision of law from arising againstany City property (including reports, documents, and other tangible matter produced bythe Contractor hereunder), against the Contractor's rights to payments hereunder, oragainst the City, and shall pay all amounts due under the Unemployment Insurance Actwith respect to such labor.17. Discounts. Contractor agrees to offer the City any discount terms that are offeredto its best customers for the goods and services to be provided herein, and apply suchdiscounts to payment made under this Agreement, which meet the discount terms.18. Cooperation; Further Acts. The Parties shall fully cooperate with one another,and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement.19. Dispute Resolution. f any dispute arises between the parties as to properinterpretation or application o this greement the parties shall first meet and con fer in agood faith attempt to resolve the matter between themselves. f the dispute is notresolved by meeting and conferring, the matter shall be submitted for formal mediation toa mediator selected mutually by the parties. The expenses of such mediation shall beshared equally between the parties. f the dispute is not or cannot be resolved bymediation, the parties may mutually agree (but only as to those issues of the matter notresolved by mediation) to submit their dispute to arbitration. Before commencement ofthe arbitration, the parties may elect to have the arbitration proceed on an informal basis;however, if the parties are unable so to agree, then the arbitration shall be conducted inaccordance with the rules of the American Arbitration Association. he decision of thearbitrator shall be binding, unless within thirty days after issuance of the arbitrator'swritten decision, any party files an action in court. Venue and jurisdiction for any suchaction between the parties shall lie in the Superior Court for the County of Monterey.20. Compliance With Laws.

(a) Each party's performance hereunder shall comply with all applicable laws ofthe United States of America, the State of California and the City including but notlimited to laws regarding health and safety, labor and employment, wage and hours andlicensing laws which affect employees. This Agreement shall be governed by, enforcedand interpreted under the laws of the State of California. Contractor shall comply withnew, amended or revised laws, regulations or procedures that apply to the performance ofthis Agreement.

(b) f the Project is a public work, or prevailing wages are otherwise required,Contractor shall comply with all provision of California Labor Code section 1720 et seq.as applicable, and laws dealing with prevailing wages, apprentices and hours of work.


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(c) Contractor represents that it has obtained and presently holds all permits andlicenses necessary for performance hereunder, including a Business License required bythe City's Business License Ordinance. For the term covered by this Agreement, theContractor shall maintain or obtain as necessary, such permits and licenses and shall notallow them to lapse, be revoked or suspended.21. Assignment or Transfer. This Agreement or any interest herein may not beassigned, hypothecated or transferred, either directly or by operation of law, without theprior written consent of the City. Any attempt to do so shall be null and void, and anyassignees, hypothecates or transferees shall acquire no right or interest by reason of suchattempted assignment, hypothecation or transfer.22. Notices. All notices required or permitted to be given under this Agreement shalle in writing and shall be personally delivered, sent by facsimile ( fax ) or certified mail,postage prepaid with return receipt requested, addressed as follows:

To City:

To Contractor:

City ManagerCity ofMarina City Hall2 Hillcrest AvenueMarina, California 93933Fax: (831) 384-9148Bill HenryOffice DirectorSWCA Environmental Consultants1422 Monterey Street, Suite C200San Luis Obispo, CA 93401Fax (805) 543-2367

Notice shall be deemed effective on the date personally delivered or transmitted byfacsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service.A copy of any notice sent as provided herein shall also be delivered to the ProjectAdministrator and Project Manager.23. Amendments Changes or Modifications. This Agreement is not subject toamendment, ch


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the party s willful or negligent acts or omissions, and to the extent that they are beyondthe party s reasonable control.25. Attorney s Fees. n the event o any controversy, claim or dispute relating to thisAgreement, or the breach thereof, the prevailing party shall be entitled to recover fromthe losing party reasonable expenses, attorney s fees and costs.26. Successors and Assigns. All o the terms, conditions and provisions o thisAgreement shall apply to and bind the respective heirs, executors, administrators,successors, and assigns o the parties. Nothing in this paragraph is intended to affect thelimitation on assigrnnent.27. Authority to Enter Agreement. Contractor has all requisite power and authorityto conduct its business and to execute, deliver and perform the Agreement. Each partywarrants that the individuals. who have signed this Agreement have the legal power, rightand authority to make this Agreement and bind each respective party.28. \Vaiver. A ~ v a i v e r o a default o a qy term o this ,Agreement shall not heconstrued as a waiver o any succeeding default or s a waiver o the provision itself.party s performance after the other party s default shall not be construed as a waiver othat default.29. Severability. Should any portion o this Agreement be determined to be void orunenforceable, such shall be severed from the whole and the Agreement will continue smodified.30. Construction, References, Captions. Since the parties or their agents haveparticipated fully in the preparation o this Agreement, the language o this Agreementshall be construed simply, according to its fair meaning, and not strictly for or against anyparty. Any term referencing time, days or period for performance shall be deemedcalendar days and not workdays. The captions o the various sections are for convenienceand ease o reference only, and do not define, limit, augment or describe the scope,content or intent o this Agreement.31. Advice o Counsel. The parties agree that they are aware that they have the rightto be advised by counsel with respect to the negotiations, terms and conditions o thisAgreement, and that the decision o whether or not to seek the advice o counsel withrespect to this Agreement is a decision which is the sole responsibility o each o theparties hereto. This Agreement shall not be construed in favor or against either party byreason o the extent to which each party participated in the drafting o this Agreement.32. Counterparts. This Agreement may be signed in counterparts, each o whichshall constitute an original.33. Time. Time is o the essence in this contract.


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34. Entire Agreement. This Agreement contains the entire agreement of the partieswith respect to the matters as set forth in this Agreement, and no other agreement,statement or promise made by or to any party or by or to any employee, officer or agentof any party, which is not contained in this Agreement shall be binding or valid.

IN WITNESS WHEREOF Contractor and the City by their duly authorizedrepresentatives, have executed this Agreement, on the date first set forth above, atMarina, California.

CITY OF MARINABy:Name:

CONTRACTORBy: h:Name:m

Its: Its: Office DirectorDate: Date: < 2..7- \:;,Attest: Pursuant t Resolution No. 2013-16

By:

fit CityAtt


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WCAENVIRONMENTAL CONSULTANTS

Sound Science. Creative Solutions.

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- ~ ~ \ . ,sWCANViRO.NMfNTAL CONSULTANTSs S ~ d S c i e n c r d ~ a t i v e S o l ~ t i o n s

July 23 2013

2 5 6

Sal ) Luis Qbi;;po Oflft-e1422 MontenyStreef, Suite C200Son Luis Obispo, C 93401Tel 005.543.7095 Fox 805.5.43-.2367

Theresa Szymanis, AICP, Planning Services ManagerCommunity Development DepartmentCity of Marina209 Cypress AvenueMarina CA 93933Emailed to: [email protected]. usSUBJECT: Revised Proposal to Prepare an Initial tudy for the alifornia American Water Temporary

Slant Test Well Project SWCA No. P26292Dear Ms. Szymanis:Please find attached our revised proposal to prepare an Initial Study {JS for the California American WaterTemporory Slant Test Well Project. We have revised our scope of work and cost estimate based on ourphone conversation on Friday[ July 19 2013 and our understanding of the level of agency/organizationcoordination that will be required for the proiect.We look forward to working with the City in preparing this IS. If you have any questions regarding therevised scope of work or cost estimate[ please feel free to contact me at (805) 543-7095[ extension 6804or via email at [email protected]. Alternatively, you can contact Emily Creel at extension 6814 [email protected]. We are always willing to work with you regarding the scope of work and cost estimate.Sincerely,

Bill Henry AICPOffice Director


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Proposal to Prepare anInitial Study for the

: :_

C LIFORNI MERIC N W TERTEMPOR RYSL NTTESTWELL PROJECT

Prepared for:Theresa Szymanis AICPPlanning Services ManagerCommunity Development DepartmentCity of Marina209 Cypress AvenueMarina California 93933

Prepared by:SWCA Environmental Consultants1422 Monterey Street Suite C200San luis Obispo California 93401

July 23 2013


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SWCfNVIRbHMENTAL CONSULTANTS Sound Science Creative Solutions;"'

SECTION A. INTRODUCTION 11 lntroduclion to the ProiedTeam ............................................................... 1

a. SWCA Environmental Consultants .... ........................................... 1b. Sea Engineering, lnc. .................................................................... 2SECTION B PROJECT APPROACH AND TEAM MEMBERS 3

1 roiedApproach ...................................................................................... 3a. Preparation of Proiect Description ............................................... 4b. Preliminary Agency Consultation ..................................... ........... .4c. Peer Review of the Applicant-Prepared Technical Studies ........... .4d. Site Visit and Proiec Team Meeting ............................................ .4e. Preparation of Initial Study ........................................................... 5

2. ProiedTeam ............................................................................................ 6a. SWCA ........................................................................................... 6b. Sea Engineering, lnc ..................................................................... 9

SECTION C. COST ESTIMATE.. 10SECTION D. PROJECT SCHEDULE 11SECTION E PROJECT EXPERIENCE 12

1 SWCA Relevant Proieds ......................................................................... 12a. Grover Beach Lodge and Conference Center EIR ...................... 12b. Grover Beach Land Use ElementandMasterEIR. ..................... 13c. Fiscalini Ranch Preserve Master EIR............................................ 14d. Morro Bay to Cayucos Connector Path EIR ................................ 15e. Monterey Peninsula Airport Proiects ........................................... 16f Santa Cruz County Regional Transportation CommissionProieds .......................................................................................17g. US 101/San Juan Road Interchange Proied BiologicalMonitoring ..................................................................................18h. North Fort Bragg Coastal Trail EIR/EA ....................................... 191. City of Soledad Downtown Specific Plan EIR.............................. 20I State Route 156 West Corridor Proiect Biological

Mapping and Least Bell's Vireo Survey ..................... .................21k Whitehead-Miller Property Wetland Delineation ........................ 21I Vandenberg Air Force Base Bird/Wildlife Aircraft Strike

Hazard Program Assistance .......................................................22m. County of San Luis Obispo Environmental and ResourceManagement Division On-Call Contract ................................... 22n. County of San Luis Obispo Department of Public WorksOn-Call Contract. ...................................................................... 23

2. Sea Engineering Inc . ..............................................................................23

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a Moss Landing and Elkhorn Slough Wetland Multi-Discipline Engineering and Consulting ...................................... 23b. Tsunami Structural Damage Evaluation and Design ................. 24

c. Shoreline Structural Damage Evaluation and Design ............... . 24d Prediction of Optical Variability in Dynamic Nearshore

Environments ............................................................................. 25e San Francisco Scour and Sediment Mobilization Risk

Assessment ................................................................................ 26f Loch Lomond Reservoir Marine Geophysical Survey ............... .. 26g Santa Cruz Scour and Sediment Mobilization Risk

Assessment .............................................................................. . 26h. Honolulu ity Beach and Parks Erosion Study ......................... .. 27SECTION F REFERENCES 8

Table 1 . SWCA Client References .. ............... .............. ............... ............... ........... 2 8

Attachment 1. Proiect Team Resumes

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Sound Science. Creative Solutions. '

SWCA Environmental Consultants (SWCA) IS pleased to submit the followingqualifications, project approach cost estimate, and project schedule to the City oMarina {City) in response to the request for a quote for preparation o an Initial Studylor the California American Water Temporary Slant Test Well Proied (proiect).SWCA is confident that our extensive experience providing environmental planningservices to public entities throughout the Central Coast and Monterey Bay qualifies ourfirm lor the services requested by the Ciiy. SWCA would be proud to provide the Ciiywith responsive, quality, and cost-effective environmental services. Our staff is wellrecognized by past clients, resource agencies, and local public agency staff in providingsound decision-making and maintaining clear and effective communication during allprojects with which we are involved. We are committed to providing the highest qualityof s r v i ~ to the City.1. Introduction to the Proiect Teama. SWCA Environmental ConsultantsSWCA is an employee-owned company, specializing rn environmental planning (i.e., California Environmental Qualiiy Act [CEQA] and National 'Environmental Policy Act [NEPA] services), regulatory compliance naturaland cultural resources, and geographic information services. Since 1981SWCA has grown into a large business with more than 750 employeesand 27 offices throughout the United States and Guam including three offices inCalifornia. SWCA maintains a fully-staffed office in San Luis Obispo, consisting of anoffice director, four environmental planners, eight biologists, two archaeologists, ageographic information systems GIS) specialist, a technical editor, and anadministrative assistant.Established in 1984 SWCA's San Luis Obispooffice has provided environmental planningservices for local, state and private projects foralmost 30 years, with a primary expertise inproviding a lull range of CEQA and NEPAservices. SWCA excels at preparing objective,technically sound legally defensible, and clearlywritten environmental documents to enable agencyapproval and speedy implementation of projects.Our staff has extensive experience with CEQAreview and the permitting process, and understands the unique circumstances andinterests that can affect an agency's approach to environmental review. SWCA hascompleted hundreds of documents in support of every phase of the CEQA process,including project application packages, seeping and public outreach materials, InitialStudies ISs), Categorical Exemptions, Negative Declarations (NDs), Mitigated NegativeDeclarations (MNDs), Environmental Impact Reports EIRs), technical reporis andassessments, required noiicing documents, Mitigation Monitoring and ReportingPrograms, CEQA findings, public hearing materials, and permitting applicaTionpackages.SWCA professionals have managed wriften, and produced CEQA documentation forprojects of all sizes and types, including multi-iurisdictional projects within sensitivecoastal zone areas (original and appealable). Recent successful coastal zone CEQAPROPOSAL TO PREPARE /',N INITIAL STUDY FOR THECITY OF MARINA SLANT TEST WELL

O N S U L T ~ N _ T _ S


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proiects include the Fiscalini Ranch Preserve Master EIR, Grover Beach Lodge andConference Center EIR and Morro Bay to Cayucos Connector Path EIR in San LuisObispo County, and the North Fort Bragg Coastal Trail EIR/Environmental Assessmentin Mendocino Couniy. These proiects included substantial coordination with multiplelocal, state and federal agencies and extensive review of coastal policies and LocalCoastal Plan standards. SWCA s San Luis Obispo staff is also capable ofcomprehensively administering the environmental review process for agencies needingadditional staff resources, including conducting seeping and completing noticing, staffreports, findings, and resolutions.The quality of SWCA's environmental documents has been recognized by the industryover the years through four Association of Environmental Professionals OutstandingEnvironmental Document awards. The San Luis Obispo office was awarded theCertificate for an Outstanding Environmental Document for the Area 9 (Los Osos)Wastewater Treatment Facilities Draft EIR in 1987. ln 2002, SWCA received the awardfor Outstanding Environmental Analysis Document for the MFS GlobenetCorp/WorldCom Network Services Fiber Optic Cable Project Final EIR. Most recently,SWCA won the 2009 award for Outstanding Environmental Analysis Document -50,000 or Less Population for the Halcyon Rood Proiects Moster EIR, and a Merit Awardfor Outstanding Environment Document for the Grover Beach Land Use Element Updateand I::IR in : 0 I 0.b. Sea Engineering, Inc.

Sea Engineering, Inc. (SEl) was founded in Hawaii in 1973 and providesenvironmental, ocean and coastal engineering, and marine constructionconsulting services to private and government clients throughout theUnited States and worldwide. SE offices ore located in Santa Cruz andSanta Barbaro, California; in Honolulu and Waimanalo, Hawaii; and inPortland, Oregon. Stoff is comprised of Ph.D. and M.S. level engineersand scientists with expert knowledge in oceanographic studies involving

the measurement and analysis of beach morphology, wave mechanics, river and oceancurrents, sediment characteristics (contaminant fate and transport, shear strength,erosion rate, particle size analysis), and water quality properties (turbidity, temperature,salinity); numerical modeling of waves, currents, circulation, analysis of ocean andcoastal water optical properties; marine hydrographic and geophysical surveys (seafloorsurface and sub-bottom surveys); and sediment transport analysis and coastal shorelineprotection evaluation, engineering and design.SEI personnel are familiar with many aspects of laboratory and field data collection,including acoustic, optical, mechanical/ and electromagnetic methods. SEI's coastalengineering expertise includes structural damage and performance evaluation e.g.,jetties and breakwaters)r structural analysis and design, beach nourishment projects,and shoreline protection (revetment and dune restoration) and rehabilitation projects.Our engineers have decades of experience analyzing nearshore and estuarineprocesses and correlating them to sediment and shoreline morphology. SEJ's sedimenttransport capabilities ore comprised of a staff with over 40 years combined experiencein state-of-the-science instrumentation, analysis, and modeling techniques and includesa full suite of in-house instrumentation and personnel to conduct all aspects of field andmodeling studies. Furthermore, our familiarity with hydrographic and geophysicalsurveying data collection, techniques, and results provides us with the unique capabilityof offering comprehensive in-house project completion ability (start to finish). The SEIkey personnel included in the project team hove been successfully completing proiects ofthe same nature for over three decades.

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Sound Science; Creative Soluiions}'SEI personnel have completed projects in all environmenis from deep-water openocean sites to near-shore and inshore locations. In addition, SEI personnel havecontributed technical studies and expertise that have been used in the preparation ofCEQA documenis such as MNDs and EIRs. Past proiecis include coastal shorelineprotection and erosion control projects (e.g., jetties, revetments, beach nourishment,dune rehabilitation) evaluation and design, sediment and contaminant transportmeasurement and modeling investigations 1 dredging monitoring and support;oceanographic measurements and analyses; coastal processes investigations;hydrographic and geophysical surveys for structural analysis, to monitor morphologyand identify hazards; and planning and design for harbors and port facilities. Inaddition to support many of these projects, SEI employs commercial divers and diverengineers PE-divers) for routine underwater construction and inspection.Personnel at SEI also remain active in the scientific and engineering community bydonating time to academic research and assisting in the development of innovative toolsand techniques in ocean and environmental engineering. Currently, research activitiesare underway with the U.S. Army Corps of Engineers (USACE), U.S. MineralsManagement Service, Universiiy of California, Santa Barbara, and Sandia NationalLaboratories. The continued research and development helps to ensure SEI continues tooffer clients specialized expertise in all aquatic arenas.

1. Project ApproachSWCA's typical approach to the CEQA process is based on the following guidingprinciple: preparing a legally defensible, abiective, and clearly written document thatmeets the requirements of CEQA and the specific needs of the lead responsible, andtrustee agencies. SWCA staff implements this approach by maintaining an up-to-dateunderstanding of the latest interpretaiions of CEQA and the CEQA Guidelines byattending workshops and conferences, teaching workshops and- dasses and reviewingthe latest case law. SWCA's knowledge of the most recent guidance relevant to thepreparation of CEQA documents (whether a Categorical Exempiion [CE], ND, MND, orEIR , and familiarity with the different circumstances that arise during the CEQA process(including timing, budget, public controversy, multi-agency coordination, politicalinterests, etc.) allows SWCA to easily conceptualize the different interests at play duringa particular project, and develop the best strategy for proceeding in consultation withthe lead agency.SWCA's proiect manager will work with City staff to develop a plan for ensuringdevelopment and maintenance of a proper administrative record and transparentadministrative process. We wi l respond to emails and phone calls within the same dayreceived, and are always available for meetings and teleconferences. Although we havea structured and systematic approach to implementing CEQA, we recognize that there isa great need to be flexible as each proiect has its own unique circumstances that canaffect the necessary approach to the CEQA process.

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ENVIRONMENT L CONSULT NT S

a. Preparation of Project DescriptionThe first task in preparing an Initial Study for the project is development of a detailed,comprehensive project description. SWCA recognizes that the project applicant hasprovided a substantial amount of information in their application package, including adetailed project description. SWCA, with assistance from Sea Engineering, Inc., willreview the existing project description for completeness and accuracy, and will confirma necessary project components are included to ensure a thorough assessment ofpotential project-related environmental impacts.b. Preliminary Agency ConsultationSWCA will prepare agency referral packages, including a brief project description andproject location map, and make a written request for preliminary agencycomments/conditions to be incorporated into the Initial Study analysis. SWCA will workwith the Cily of Morino and the proiect applicant to develop a list of potentiallyinterested agencies, to which the referral packages will be delivered. SWCA will followup with interested agencies to facilitate information gathering and will be available torespond to questions, respond to requests for additional information, and participate inmeetings, if requested by any agency or organization.c. Peer Review of the Applicant-Prepared Technical StudiesSWCA will conduct an independent review of the technical studies provided by theapplicant in support of their application package, including the:

Biological Assessment Technica Memorandum support ing the Biological Resources Assessment Cultural Resources Assessment

Each of these studies will be reviewed by a technical expert who is familiar withpreparing similar reports and incorporating them into environmental documents. t isour understanding that the City of Marina s biological consultant has already conducteda comprehens ive independent review of the biological reports. Therefore, our processwill be limited to a cursory-level secondary review of the reports and the comments andrecommendations previously made by the City. The findings of the reports and theCity's review will be confirmed, and the information will be incorporated into the InitialStudy.The revised Cultural Resource Report will be comprehensively reviewed for adequacyand correctness by SWCA archaeologist , Leroy Laurie. A memorandum-style PeerReview Report will be prepared detailing the findings of the review, and recommendingrevisions or corrections to the report , as necessary. SWCA will work with the City andthe proied applicant to make any necessary corrections to" or clarifications in theCultural Resources Assessment. Once deemed adequate, the findings of the CulturalResources Assessment will be summarized and incorporated into the Initial Study.d. Site Visit and Project Team MeetingOur proposed scope of work includes one site visit, which we assume will be arrangedby the Cily and/or proiect applicant. Our proiect team will also be available for oneproiect team meeting, via conference call, with the City, proiect applicant and theapplicant's consultants (as appropriate) to discuss the proiect's history and planning and

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Sound Science, Creative Solutions/'"consulting activities that have occurred to. date . SWCA assumes that the applicant, or itsagent, w ll prepare a meeting itinerary and any other necessary materials. e. Preparation of Initial StudySWCA will complete an S checklist pursuant to CEQA Guidelines Section 15063, usingthe City's preferred template. The purpose of the IS will be to determine if .the projectmay have a significant effect on the environment and provide the City with informationto use as the basis for deciding whether to issue a Categorical Exemption, prepare a(M)ND, or prepare an EIR for the project.Pursuant to Section 15063 d) and f) of the CEQA Guidelines and our conversationswith the City, the Initial Study will include:

A descript ion of the project, including the location of the project.An identification of the environmental setting.An identification of environmental effects by use of a checklist. SWCA will utilizethe checklist provided in Appendix G of the CEQA Guidel ines and modify it, asnecessary, to meet the City's needs. The entries on the checklist will beadequately explained to show the evidence relied on to make the entry.A summary of the findings of the technical studies provided by the applicant, aswell as an independent assessment of potentia biological and cultural impacts.An analysis of any relevant topics identified through preliminary consultationwith potential local and responsible agencies regarding their initial evaluationsof the proposed project.A discussion of the ways to minimize the significant effects identified, if any. TheS will include a generalized narrative of miTigation options. No specificmitigation measures would be formulated, and no quantification of the resultingminimization of effects would be performed.An examination of whether the proiect would be. consistent with existing zoning,plans, and other applicable land use controls, including the Monterey ayNational marine Sanctuary's Guidelines for Desalination Plants in the MontereyBay Notional orine Sanctuary This analysis would be included within eachresource. area section of the checklist, as appropriate.

The S will include appropriate graphics and technical reports will be included asappendices . This task includes one round of review by the City.One copy of the Administrative Draft S will be delivered electronically via email. Fiv-ecopies of the Final IS will be delivered electronically on a compact disc (CD). Should theCity request additional copies, SWCA can easily prepare these as well.

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ENViRONMENT L CONSULT NTS

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2. Proiect TeamSWCA s team proposed for this project is experienced with CEQA and has specializedexpertise with the various environmental topics that are likely to be significant in theInitial Study analysis. SWCA s project management team will ensure that qualityproducts are produced on time and within budget. Below are the qualifications for theproject team; resumes ore included as Attachment 1.a. SWCAroiect anager

Emily Cree I J D En vi ronm enta IPI an nerEmily Creel will serve as the Project Manager and will be theprimary contact with the City. Ms. Creel is a project managerand environmental planner in SWCA s Son Luis Obispo office.She has a specialized background in environmental, water,land use, and property low and has more than 7 years ofenvironmental law experience. Ms. Creel received herDoctorate of Jurisprudence in 2005 and is well versed in stateond federCJi Rnvironmental laws and regulations, lhe

administrative process, and local county and municipal codes. She is proficient inresearching and analyzing the formulation and interpretation of reliable legalprecedence through common law court decisions and any resulting referencing authorityof such decisions. She has analyzed JRs for compliance with relevant federal, state, andlocal laws and has advised developers and property owners of their legal rights andresponsibilities under the environmental legal framework. Her varied experience andcritical thinking skills have given her the ability to handle complex environmental andlegal issues.roied Director

Bill Henry AI CP M. C.R.P. Office DirectorMr. Henry will provide QNQ and be available an an as-needed basis in an advisory capacity to assist the SWCA projedteam should any uniquely challenging issues arise duringpreparation of the environmental documents. s OfficeDirector, Mr. Henry has been preparing environmentaldocuments in California and San Luis Obispo County since1988. Mr. H ~ n r y retains a diverse workload by working directlyon the preparation and management of a wide array ofenvironmental documents and projects fn addition to

performing management responsibilities that include client liaison, agency liaison,preparation of project budgets, administration and review of contracts, staff and projectplanning, and quality control for projects under his direction. Mr. Henry has managedor prepared several hundred environmental documents throughout the Central Coastregion and all of California. This experience includes preparation, coordination, andprocessing of a wide variety of environmental documents, monitoring plans,revegetation plans, technical reports, resource agency permits, and resource protectionand conservation studies.

C u r r e n ~ y Mr. Henry serves as a project manager on behalf of the County of Son LuisObispo, for the Guadalupe Dunes Remediation proiect, as well as the project manageron behalf of both the City and County of San Luis Obispo, on the Chevron Tank Farm

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Sound Sc;ience, Creative Solutions.Remediation and Development Proiect EJR. Both of these projects are multi-disciplinaryas well as multi-agency efforts which include coordination and interaction with theUnited States Army Corps of Engineers (USACE), U.S. Fish and Wildlife (USFWS),California Deportment of Fish and Wildlife (CDFW), California Deportme nt ofTransportation (Caltrans}, California Department of Toxic Substances Control, RegionalWater Quality Control Boord (RWQCB), Airport Land Use Commissions, NativeAmerican groups, and local advisory committees.enior Environmental Planner

Shawna Scott B.S. Planning Team eadMs. Scott is a Senior Planner and Planning T earn Leader inSWCA's San Luis Obispo office. She specializes inimplementing lead agency responsibilities under CEQA andNEPA managing project teams, and writing environmentaldocuments. Ms. Scott has over 12 years of experience in landuse and environmental planning within the CaliforniaCoastal Zone, and has prepared several types of documentsincluding EIRs MNDs, Expanded ISs preliminaryenvironmental analysis reports, environmental constraintsand opportunities analysis reports, Local Coastal Plan/Coastal Ad policy analysis, staffreports, and findings. ln addition, Ms. Scott's responsibilities include schedule andbudget management, coordination with Lead Agency staff, consultation with federal,state and local agencies, assistance with Lead Agency correspondence to applicants,agencies and interested parties, facilitation and support during in-house and public

meetings, responses to comments, preparation of conditions and findings, andpresentation at public hearings. Ms. Scott's extensive public and private projectexperience includes: general plan and ordinance amendments; urban and rural landdevelopment; restoration projects; recreational facilities; open space management;wineries; energy generation and transmission; telecommunications, and fiber opticfacilities and infrastructure; wastewater treatment, storage, and disposal; and, road andbridge improvements.

iological ResourcesTravis Belt B.S. Senior Biologist

Mr. Belt has 1 0 years of experience with natural resourcesmanagement, in both California and Hawaii. He hassubstantive experience working within coastal areas with knownoccurrences of western snowy plover, and has identifiedsuitable habitat areas for this species, and identified andmitigated potentia project-related impacts to the species andits habitat. Relevant projects include pre-construction andnesting bird surveys and monitoring .of the Oceano SewerRepair Project, which required a detour of beachfront

residential traffic onto the Oceano dune complex, and the Morro Bay to CayucosConnector Path EIR which proposed a 4-mile-long Class I bike/pedestrian path throughcoastal scrub, central coast riparian scrub, coastal and valley freshwater marsh, centralforedunes, and sandy beach habitats, through areas of known occurrences of westernsnowy plover and numerous other sensitive species.He regularly conducts special-status species surveys and habitat mapping, preparesbiological reports, performs compliance monitoring, and prepares Wildlife Hazard

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Assessments (WHAs). Mr. Belt has designed and conducted special-status species surveyprograms that focused on utilizing global positioning technology to map endangeredspecies habitat and population boundaries. Such surveys included detailed mapping ofhabitat boundaries within Iorge survey areas 1 OOO+ocres) and identifying pointlocations of individual protected species. He has produced reports detailing methodsand findings of surveys, and outlining potential impacts and mitigation requirements forproposed projects. Mr. Be t has conducted biological monitoring activities for sensitivespecies research programs and construction-related projects. He has implementedpopulation viability analysis of endangered plant species in conservation areas, andparticipated in the capture and relocation of protected species from construction sites.

ultural ResourcesLeroy Lourie, B.S., Cultural Resources Specialist

Mr. Laurie is an archaeologist with over 12 years of culturalresource project experience throughout California and Nevada.He has conducted work in a variety of cultural and geographicregions, including, but not limited to, the Sierra Nevada, GreatBasin, San Joaquin Valley, Central and Coast Ranges, Mojaveand Sonoran Deserts, San Francisco Bay area, and YosemiteValley. In addit1on to the organization and execution of fieldprojects, he has been the primary or contributing author to

several planning level documents for large- and small-scale projects.Mr. Laurie has worked on a variety of cultural resources studies and has helped manageand implement several Phase I and Extended Phase I archaeological studies. He hasauthored or co-authored numerous technical reports and cultural resources sections forEnvironmental Impact Reports, Environmental Assessments, and Initial Studies. Mr.Laurie has technical experience in archaeological fieldwork, laboratory analyses,archaeological testing plans, and graphics and mapping. He has been the primarypoint of contact for Native American coordination for CEQA and National HistoricPreservation Act Section 106 compliant projects.GIS Data anagementAdriano Neal, M.C.R.P., GIS CADD Specialist

Ms. Neal will provide GIS management and prepare thegraphics for the project deliverab es. Ms. Neal has over 5 yearsof experience working with GIS and CADD in the fields of landuse and natural resources planning. She has managed graphicsand document preparation for a variety of land use andenvironmental planning projects. Ms. Neal s work experiencehas included utilizing a combination of G\Sr CADD, and theAdobe Suite to create attractive, informative graphics rangingfrom technical maps for environmental studies to informationgraphics and data visualization for economic reports. n 2011, Ms. Neal was hired asadiunct faculty by California Polytechnic State University San Luis Obispo. She taught

CRP 512, lntro to Visual Communication, an introductory course on the basics ofCADD GIS and the Adobe Suite.

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Sound Science. Creative Solutions."Technical Editing nd Document ompilationJaimie Jones, Technical Editor

Ms. Jones will conduct the technical review of the Initial Study aswell as document compilation for all de iverables. Ms. Jones has9 years of professional experience in environmental planningwith an emphasis on environmental document coordination andpreparation. As Technical Editor for the San Luis Obispo office,Ms. Jones has overseen document quality control, consistency,and compilation of more than 300 environmental reports,including EIRs MNDs and a variety of natural and culturalresource studies.

b. Sea Engineering, Inc.Craig Jones, Ph.D., Senior Ocean Engineer- Santa Cruz

Mr. Jones is a r.mtional y recognized expert in the fieldmeasurement and analysis of hydrodynamic and sedimenttransport processes in coastal, estuarine, riverine, andlacustrine environments. Over the past 1 5 years, he has workedclosely as project manager and technical lead with federal,sfate, and local regulatory agencies in the analysis ancl solutionof aquatic problems at numerous sites nationwide, with aparticular emphasis on dredging and environmental projects. naddition, he continues to lead development efforts for state-of

the-science hydrodynamic and sediment measurement techniques in aquaticenvironments e.g., SEDFiume). Mr. Jones stays active in the scientific and engineeringcommunities by conTinuing basic research, regularly parlicipating in technical reviews,and teaching in workshops. With his wide range of experience, he has the technicalbackground and management experience to act as senior engineer to provide insightand recommendations to meet the project's objectives.Ken Israel, M.S., Vice President- Santa Cruz

Mr. Israel earned his M.S. degree at Son Jose State Universityand has continued to work in California, and nationwide, forover 15 years. During his time at the university, he managed acoastal geology and sediment transport research program forCaltrans with the goal of assessing two manipulated coastallandslides and evaluating their impacts. Recently, Mr. Israel hasworked in engineering consulting geared towards impacts dueto erosion or deposition of marine sediments. His workexperience includes beach process studies, sediment transport

studies, physical oceanographic studies, dredge dump and aggregate borrow siteanalysis, and coastal landslide geologic studies. His experience in implementinggeophysical surveys (e.g. sub-bottom profiling, seismic reflection, magnetometersurveys, side scan sonar, etc.) provides invaluable expertise when evaluating previouslyconducted geophysical surveys. Mr. Israel is currently managing the mainland U.S.division of SEl, including several marine and environmental engineering and consultingprojects nationwide.

PROPOSAL TO PREPARE AN INITIAL STUDY FOR THECITY OF M RIN SLANT TEST WELL 9


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CAEN.VIfWNME NTAL CONSULTANTS

SWCA proposes a time and materials, not-lo-exceed budget of $20,189 for this projed. A detailed costestimate is included below.

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10

Sound Science; G:r:eative Solutio.ns. '

SWCA proposes the following schedule for completion of the proiect. The proposedschedule includes a 30 day agency referral period and one round of City review of theAdministrative Draft Initial Study. We recognize time is of the essence on this proied,and ore always willing to be flexible with our schedule to meet client needs.

P-roposed Schedule California American Vfote:riempororySiant Test Well Pr oj

Task cc>lor KeySV C.A fnvironmarnal Comu ionfsCitjflv'...-ioo

ColifornlaAfl'o(


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10

SWCAENVIRONMENTAL CONSULTANTS

Project Name: Marina- Cal Am Slant Test Well ISClient: City of MarinaSWCA Project Manager: Emily Creel

SERVICE GREEMENT CHANGE ORDERSan Luis Obispo Office1422 Monterey Street C200San Luis Obispo California 93401Tel 805 543 7095 Fax 805 543 2367Tax I D. Number 860483317

Project Number: 26292Date September 16, 2013

The purpose of this Change Order is to reflect certain modifications to the contract for services ( Agreement ) entered intobetween SWCA, Incorporated ( SWCA ) and the client identified above ( Client ) pursuant to which SWCA agreed toprovide certain services to Client. SWCA and Client agree to the following modifications:Changes in Scope of SWCA Services: The following describes any changes in the scope of services to be provided bySWCA: [describe any additional services, reductions in scope or other modifications]Additional project site visit attended by Emily Creel, Shawna Scott and Travis Belt.

Changes in Fees for SWCA Services: The following describes any changes in the amount of fees payable to SWCA:[describe any additional fees, reductions or other modifications; describe whether additional fees are to be billable asprovided in original contract or on another basis (e.g., fixed fee or time and materials)]Additional fees in the amount of $3,047 payable to SWCA for completion of the scope described above. A detailedbudget is attached. All amounts are to be billed as provided in original Agreement for Planning Consulting Services.Changes in SWCA Cost Reimbursement: The following describes any changes in costs reimbursable to SWCA:[describe any changes in the nature or amount of reimbursable costs]The total additional fee listed above includes additional travel expenses in the amount of $173 incurred completing thescope described above. These amounts are reflected in the attached budget.Changes in Payment Terms: The following describes any changes in payment terms for fees and costs payable toSWCA: [indicate whether payment terms are same as original contract or whether payment terms are being modified]Same as in original contract.

Other Changes: The following describes any other changes in the terms of the Agreement: [describe any othersignificant changes such as changes in estimated completion date]None.

Except as modified by this Change Order, the terms of the Agreement shall remain in full force and effect. This ChangeOrder is hereby incorporated into the Agreement.

f ? Y f : i c ; ; ~ SWC Incorporate , an Arizona corporationBy: l l \;__ signature)Name: Bill HenryTitle: Office DirectorDate: September 16, 2013

Client: City of MarinaByName:Title:Date:

( ignatureLayne P ongCity Manager10 l i /1 -,


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City SlantTest Well Initial StudyPhase 1 Additional Site Visit

Project Start est.): 7 25 2013End

TOTAL THIS PHASE Ch r ~ e sSWCA Labor Total 2,874

Expenses Total 173s bcontradors Total .Total Phase 3,047

Tax Total .Total Including Taxes 3,047

SWCA ~ - ~ ' ' \ < < > ~ '..,._,..,_._.,_,._ '-

Enter Tax Rate0.00

Tax.

Total with Tax3,047


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October 31, 2013

Theresa Szymanis, AICP, Planning Services ManagerCommunity Development DepartmentCity of Marina211 Hillcrest AvenueMarina, CA 93933

Emailed to:[email protected]

SUBJECT: Amendment #1 to Contract for Environmental Planning Services Proposal to Prepare

Recommended Technical Studies for Environmental Review of the Proposed CaliforniaAmerican Water Temporary Slant Test Well Project (SWCA No. P27925)

Dear Ms. Szymanis:

SWCA Environmental Consultants (SWCA) is pleased to submit our proposal to prepare a set ofrecommended technical reports to support the City of Marinas environmental review of the proposedCalifornia American Water (Cal Am) Temporary Slant Test Well Project (project) per the requirements of theCalifornia Environmental Quality Act (CEQA).

The technical reports identified in the following proposed scope of work were identified in the Initial Studyprepared for the project (SWCA October 2013) as necessary to adequately determine the extent ofenvironmental impacts that would occur as a result of the project. The SWCA team will be led by Emily

Creel, a project manager and attorney with 7 years of experience in environmental law and planning.

As we have previously indicated in discussions with the City, there are a number of unknown variables thatcould significantly affect the ultimate scope, cost and/or timeline of the identified technical studies.However, in an effort to proceed as expeditiously as possible, we have prepared the attached scope ofwork and budget that represents what we believe to be the maximum amount necessary for completion ofthe proposed tasks. In completing the proposed scope of work, SWCA will look for feasible ways to reducecosts and condense the project schedule, including utilization of existing studies and materials to the extentapplicable information exists and is made available, and consultation with responsible agencies to identifyand tailor the scope of environmental review.

SWCA looks forward to assisting the City in refining and completing the prop

city of marina california american water temporary slant test well project 11-06-13

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