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HomeMy WebLinkAboutSMB Environmental, Inc. 2018-04-11 (2)COU No. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this I i day of ?kZtL- , 2018 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and SMB Environmental, a Corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to Conduct Environmental Construction Inspection and Monitoring Services for the City of Ukiah's Recycled Water Project. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment 'W'. 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete such services within a reasonable time as the project progresses from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement. Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $$55,000. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Sid ProlSw&Agr ent-November20,2-'-8 PAGE 1OF - COU No. Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not -to - exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Chances. Should changes in compensation be required because of changes to the Scope -of -Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope -of -Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub -consultants shall be included within guaranteed not -to -exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty {30} days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Sid PM1SvcSASmtM"l- N, rcmbcr_'l: PAGE 2 OF 7 COU No. Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. if the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile LiaL&: $1,000,000 combined single limit per accident for bodily injury and property damage. Std - PmlSvcsAgreement• '4osember I I PAGE 3 OF 7 COU No. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope -of -protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Sid — ProlSv aAgreemenr•Norembe 20 ?,_$ PAGE 4 OF 7 COU No. 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from March, 2018 to March, 2020. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub -consultant. All coverage for sub -contractors or sub -consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful Std PtofSraAsreement• NovembeT N. NOR PAG£40FI COU No. misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be fled in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub -contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or Sid - ProtSvaAgr imm• November 20, 2008 PAGE 60F7 COU No. abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off -set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPT. OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482-5400 9.0 SIGNATURES SMB ENVIRONMENTAL ATTN: STEVE BROWN PO BOX 381 ROSEVILLE, CA 95661 IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT PRINT NAME: Steve Brown 27-4411017 IRS IDN Number CITY O UKIAH BY:+ SAGE SANGIACOMO �+ CITY MANAGER ATTEST ZIVY CLERK Sid - Prol$vcSALrccmcnl• %*,tmbcr -N. 20M PAGE 7OF7 March 21, 2018 Date Date L141.1 Date SMB ENVIRONMENTAL December 4, 2017 Mr. Jarod Thiele City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attachment A SUBJECT: Proposal to Conduct Environmental Construction Inspection and Monitoring Services for the City of Ukiah's Recycled Water Project Dear Mr. Thiele: Per your request, please accept this letter proposal outlining professional services to be provided by SMB Environmental, Inc. (SMB) to conduct environmental construction Inspection and monitoring services for the City of Ukiah's (City) Recycled Water Project (Project). The following scope of work was developed to meet the requirements specified in the June 2013 Mitigation Monitoring and Reporting Program (MMRP) for the Project and as amended/updated through the May 2015 and May 2017 Addendums pursuant to the California Environmental Quality Act (CEQA) as well as the CEQA-Plus requirements from the State Water Resources Control Board (State Board) as part of the State Revolving Fund (SRF) Grant and Low Interest Loan Program, SCOPE OF WORK TASK 1: PRE -CONSTRUCTION BIOLOGICAL SURVEY Upon receipt of the final pipeline alignment design and within 10 -days of the initiation of Project construction, SMB will conduct a pre -construction biological survey of the proposed approximately 5 -mile pipeline alignment (Phases I-3) to ensure that there are no special status plant and wildlife species that would be affected by the construction activities. Due to the fact that the proposed pipeline alignment would be located entirely within existing agricultural service roads, the pre -construction survey(s) will be conducted by a qualified biologist to do a windshield survey to screen the entire project for the likelihood of special status plant and wildlife species. Special emphasis will be on the Project areas near the Russian River, creek/drainage crossings and areas where there are large mature trees, which could support habitat for avian species. It is assumed that the conclusion of this task will be a letter report that confirms or denies the presence of special status plant or wildlife species in the area that would be adversely affected by the construction activities. In the unlikely event that if any special status plant and/or wildlife species (or supporting habitat) are observed, SMB will consult with he California Department of Fish and Wildlife (CDFW) and/or the U.S. Fish and Wildlife Service (USFWS) to develop the appropriate avoidance and/or mitigation measures. Compliance with CDFW and/or USFWS protocols for any special status plant or non -avian (bird) wildlife species would likely require additional scope, budget, and possibly a permit. In addition, this task does not assume the need for a wetlands delineation study(s). If a wetlands delineation study(s) is deemed required by the U.S. Army Corps of Engineers (USACE) or other agency, then additional scope and budget will be necessary. If there are active mature trees that could support breeding Mr. Thiele Page 2 December 4, 2017 and nesting of special status bird species such as raptors then additional pre -construction breeding and nesting surveys should be implemented for each identified area as described in Task 2, below. This task assumes a not -to -exceed fee budget of $7,500 and will be billed on a time -and -materials basis pursuant to SMB's 2018 Schedule of Fees. If additional, scope and budget is required, the City shall provide further authorization in writing. TASK 2: PRE -CONSTRUCTION BREEDING AND NESTING BIRD SURVEY Based upon the results of Task I above and if construction activities are to occur between February I and August 31, SMB will come back and conduct a breeding and nesting bird survey within 700 -feet of each identified "hot -spot" area from Task I above. Surveys will be completed no more than 10 days prior to the scheduled construction activities. Surveys will be conducted by a qualified biologist. All active, non - status passerine nests identified at that time shall be protected by a 50 -foot radius minimum exclusion zone or a wide enough buffer to prevent nest abandonment. Active raptor or special -status species nests shall be protected by a buffer with a minimum radius of 500 -feet. The following considerations apply: • Survey results are valid for 14 days from the survey date. Should ground disturbance commence later than 14 days from the survey date, surveys should be repeated. If no breeding birds are encountered, then work may proceed as planned. Exclusion zone sizes may vary, depending on habitat characteristics and species, and are generally larger for raptors and colonial nesting birds. Each exclusion zone would remain in place until the nest is abandoned or all young have fledged. • The non -breeding season is defined as September I to January 31. During this period, breeding is not occurring and surveys are not required. However, if nesting birds are encountered during work activities in the non -breeding season, disturbance activities within a minimum of 50 -feet (or wide enough prevent nest abandonment) of the nest should be postponed until the nest is abandoned or young birds have fledged. Because the incubation period and time required for young to fledge varies by species, the cost estimate was developed for FIVE (5) active bird nest locations. Fewer or additional visits may be necessary depending on the results of Task 1 and will be billed on a time and materials basis as directed by the City. Following completion of this task, SMB will prepare a letter report. This letter report will include a summary of survey methods and results, and active nest monitoring results, and associated datasheets (if required). This task assumes a not -to -exceed fee budget of $25,000 and will be billed on a time -and -materials basis pursuant to SMB's 2018 Schedule of Fees. If additional, scope and budget is required, the City shall provide further authorization in writing. TASK 3: ARCHEOLOGICAL, CULTURAL, AND TRIBAL RESOURCES MONITORING In 2015, SMB completed an archeological, cultural, and tribal resources investigation, which included a pedestrian survey of the Project's entire pipeline alignment and storage area and concluded that there are three known archeological resources (i.e. P-23-004814, P-23-004815, and P-23-003663) that could be affected by the construction of the Project. Specifically, the State Board required the City conduct an Extended Phase 1 Archeological Survey of P-23-004815 to determine whether or not cultural deposits would extend within the Project's alignment. Although it was determined that P-23-004814, P -23- P O. Box 381 Roseville, CA 95661 wSviv,smbenviromental-cunl 916-517-2189Y Mr. Thiele Page 3 December 4, 2017 004815, and P-23-003663 would not be affected by the construction and/or operation of the Project, the State Board requires the monitoring of the three (3) areas by a professional archeologist. As a result, SMB will provide archaeological monitoring at the three locations within the project area (i.e. P-23- 004814, P-23-004815, and P-23-003663). The Archaeological Monitor will meet the Secretary of the Interior's Standards for prehistoric archaeology. The budget estimate below assumes that pipeline installation will proceed at a rate of 500 -feet per day, requiring two (2) days of monitoring at each location. The monitor will complete a daily monitoring log discussing the day's activities and findings. In the event that any prehistoric and/or historic deposits are encountered during such monitoring, it will be the responsibility of the archaeological monitor to stop work within 100 -feet of the discovery until the resource can be evaluated in accordance to the requirements of state and federal law. If an historic or prehistoric resource is determined eligible for either the National Register or the California Register, a research plan for mitigation of effect will be submitted to the City of Ukiah for approval of additional scope and budget before work is allowed to recommence in areas of archaeological sensitivity as defined by the project archaeologist. Mitigation may take the form of data retrieval through additional hand excavation inside areas of impact, coupled with recording and/or removal of significant cultural materials and information for future analysis and reporting purposes. In the event that human remains are found, the archaeologist will contact the County Coroner and, if determined to be Native American, the California Native American Heritage Commission (NAHC) will be notified to identify the Most Likely Descendent (MLD), in accordance with state and federal law. The MLD will advise the City of Ukiah in the preferred manner of exhumation, exposure, removal, and reburial of all human remains and associated grave goods. Disposition of the remains will be coordinated between the City of Ukiah, MLD, NAHC, SMB, and the archaeological monitor. After conclusion of construction, SMB will prepare an archaeological monitoring report for submission to he City of Ukiah. The archaeological monitoring report will discuss monitoring methodology, construction techniques, and any cultural materials found. This report would include archaeological, ethnographic andior historic overviews, research design, methodology, analysis of the archaeological finds, and research results. Daily monitoring logs will be reproduced as an appendix to the report. This task assumes a not -to -exceed fee budget of S15,000 and will be billed on a time -and -materials basis pursuant to SMB's 2018 Schedule of Fees. If additional, scope and budget is required, the City shall provide further authorization in writing. TASK 4: CONTRACTOR TRAINING SMB will provide workers awareness training to all construction personnel prior to completing any work activities. Specifically, SMB will conduct a tail -gate training session on the first day of the construction activities which will provide an overview of all of the mitigation measures in the MMRP to ensure the workers are fully aware of the environmental measures to be implemented during construction activities. The training, will include the following: • An overview of the MMRP and the associated reporting protocols, roles, and responsibilities. • An explanation of the function of flagging that designates authorized work areas. • An explanation of the sensitivity of any vegetation communities and special -status plant and bird species within and adjacent to work areas. P.O. Box 381 Roseville, CA 95661 www.smbenviromental.com 916-517-2189 Mr. Thiele December 4, 2017 Page 4 • An explanation of any sensitive wildlife that could be present on site and measures required to minimize impacts (e.g., reduced speed limit and reporting). • An explanation of spill cleanup procedures and measures being implemented to minimize impacts to water quality. • Waste management and the importance of maintaining good housekeeping practices. • The importance for limiting noise during construction activities. • Fire prevention measures and points of contact and steps to be implemented in the event a fire occurs. • Cultural resource sensitivity training and measures to be implemented if cultural resources are accidentally discovered during construction activities. • Communication and reporting protocol(s) as to what needs to be implemented when a sensitive resource may have been impacted during construction activities. This task assumes a not -to -exceed fee budget of $2,500 and will be billed on a time and materials basis pursuant to SMB's 2018 Schedule of Fees. If additional, scope and budget is required, the City shall provide further authorization in writing. TASK 5: CONSTRUCTION MONITORING AND INSPECTION SERVICES In addition to Tasks 1-4, SMB will provide periodic on -sight construction monitoring and inspection services during the construction activities to ensure that the mitigation measures are properly being followed. For budgeting purposes, SMB will plan to be on-site three times during the construction activities. At the conclusion of the construction, SMB will provide a signed checklist of the MMRP. This task assumes a not -to -exceed fee budget of 55,000 and will be billed on a time -and -materials basis pursuant to SMB's 2018 Schedule of Fees. If additional, scope and budget is required, the City shall provide further authorization in writing. FEE PROPOSAL SMB Proposes to complete the above scope of work for a not -to -exceed fee of $55,000. SMB will bill for our services on a time -and -basis pursuant to SMB's 2018 Schedule of Fees. Thank you for the opportunity to propose on this exciting project and I look forward to working with you and the City again. As President of SMB, I have the authority to sign and commit the firm to this contract. I will personally manage this effort and you have my commitment that I will do everything within my power and control to ensure that this project is a success for you and the City. If you have any questions regarding this proposal, please feel free to call me at 916-517-2189 or email me at Steve�a. smbem ironmental.com. Thank you for your consideration. Sincerely, Steve M. Brown President/Principal P-0. Box 381 Roseville, CA 95661 %v%v%v.smbenviroment,.il.com 916-517-2189 SMB ENVIRONMENTAL 11 2018 FEE SCHEDULE Employee Category Principal Senior Project Manager Project Manager Associate III Associate II Associate Field Biologist/Cultural Specialist Graphics Administrative/Word Processing Direct Costs Postage/ Overnight Mail Courier Mileage Copies Other Direct Costs Attachment B Hourly Rate $185 $160 $150 $135 $110 $100 $100 $125 $105 Actual Cost + 15% Actual Cost + 15% $.55 per Mile + 15% Actual Cost + 15% Actual Cost + 15%