Item No. 4.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: JUNE 9, 2026
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CWE CORPORATION FOR SUBJECT: DESIGN OF APOLLO PARK STORMWATER CAPTURE AND INFILTRATION IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-23
EXECUTIVE SUMMARY
The City Council will consider awarding a professional services agreement to CWE Corporation in the amount of $1,610,752 for the design of Apollo Park Stormwater Capture and Infiltration Improvements, CIP No. 23-23. The proposed stormwater improvements would collect and infiltrate stormwater and dry weather runoff from approximately 268 acres adjacent to Apollo Park. The improvements are necessary to help the City achieve compliance with its stormwater permit, assist with drought resilience, restore and rehabilitate desired park facilities, and install enhanced nature -based areas such as native and drought -tolerant gardens.
RECOMMENDATION
That the City Council:
1. Approve a professional services agreement with CWE Corporation for a term of three years at an amount not to exceed $1,610,752 for design of Apollo Park Stormwater Capture and Infiltration Improvements, CIP No. 23-23;
2. Authorize the Mayor to execute the agreement; and,
3. Authorize the City Manager to execute any and all amendments to the agreement as deemed necessary within the approved project budget.
BACKGROUND
The California Regional Water Quality Control Board, Los Angeles Region, has issued a Municipal Separate Storm Sewer System (MS4) Permit to the City of Downey and all other cities within Los Angeles County. The MS4 Permit requires the City to reduce the level of pollutants entering the Lower Los Angeles River (LLAR) watershed through the implementation of programs and projects such as costly regional treatment facilities. The MS4 Permit also established deadlines for the implementation of such measures. The City, along with its partners in the LLAR Watershed Management Group (WMG) developed a Watershed Management Program (WMP) identifying potential locations for regional facilities to capture, treat, and reuse stormwater runoff. One of the locations identified in the WMP is Apollo Park.
Apollo Park is located near the downstream end of major Los Angeles County Flood Control District (LACFCD) storm drains along Paramount Boulevard and Imperial Highway. The storm drain lines have been identified as needing dry weather runoff diverted in order to be in compliance with the Metals, Bacteria, and other Total Maximum Daily Load limits as specified by the MS4 Permit. The LLAR WMG funded a 2021 concept/feasibility study, which found that an approximately 9-acre-foot stormwater infiltration structure under Apollo Park would be an optimum design. Under this concept, stormwater would be intercepted from the existing storm drains under Paramount Boulevard and Imperial Highway as well as a proposed storm drain and associated catch basins to the north along Rives Avenue. Runoff during both wet and dry weather conditions will be directed to the proposed underground infiltration structure. More than 107 acre-feet of water would be captured, infiltrated, and stored in the local groundwater aquifers annually to the benefit of the City and the Central Groundwater Basin.
In conjunction with stormwater treatment, the project will also improve the local community's recreational experience by refurbishing and enhancing park facilities that were otherwise not possible with previous funding under Measure S including: replacement of the existing baseball field, installation of baseball field lighting, native landscape and butterfly garden; replacement of unused impervious area with new turf, additional trees, and implementation of nature -based solutions such as biofiltration cells along Quill Drive and the southeast parking lot.
The conceptual design of this project also includes the extension of a recycled water line and retrofit of the park's existing potable water irrigation system to help the City conserve water.
ANALYSIS
To initiate design of the Apollo Park Stormwater Capture and Infiltration Improvements, a Request for Proposals (RFP) for design services was released to three consultants experienced in the design of such projects.
Staff received proposals from the three consulting firms, namely: Craftwater Engineering, Inc., CWE Corporation, and Tetra Tech, Inc. A panel consisting of representatives from the Parks and Recreation and Public Works Departments reviewed and evaluated the proposals. The results of the proposal evaluations found CWE Corporation submitted the most comprehensive scope of services, demonstrated a clear understanding of the project goals and objectives, and proposed the most complete design approach. CWE Corporation demonstrated experience with similar projects completed for the Cities of Baldwin Park, Bell Gardens, Los Angeles, San Fernando, and West Covina. In addition, CWE Corporation possesses the necessary licenses and has met all other requirements for the project.
The scope of CWE Corporation's services includes the following tasks:
• Project management
• Utility search, research, surveying, and geotechnical analysis • Preliminary design including hydrologic and hydraulic study, and water quality analysis • Permitting
• Final design and preparation of engineer's estimate
• California Environmental Quality Act documentation
• Public outreach
• Safe Clean Water Program reporting
• Recycled water line extension design
• Grant funding services
• Bid support services
• Construction support services
• Preparation of As-built/record drawings
Staff is recommending that the City Council approve a professional services agreement with CWE Corporation in the amount of $1,610,752 for the design of the Apollo Park Stormwater Capture and Infiltration Improvements.
Design is anticipated to begin in July 2026 and be completed in the summer of 2027, at which point the City will pursue grant funding for the future construction of such improvements.
CITY COUNCIL PRIORITIES
Quality of Life, Safety and Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of approximately $1,610,752. Sufficient funding is available in current Fiscal Year (FY) 2025-26 and proposed FY 2026-27 ($1,750,000) Stormwater Fund CIP project budget Account No. 50-1-4017 using Measure W Regional Funds.
Attachments
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CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH CWE CORPORATION FOR CIVIL ENGINEERING SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this 9th day of June, 2026 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and CWE Corporation, a California corporation, with its principal place of business at 1561 Orangethorpe Avenue, Suite 240, Fullerton, CA 92831 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional civil engineering services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing civil engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the CIP No. 23-23 Apollo Park Stormwater Capture and Infiltration Improvements ("Project") as set forth in this Agreement.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional civil engineering services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A", Consultant's Proposal for CIP No. 23-23 Apollo Park Stormwater Capture and Infiltration Improvements attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be effective on the date of issuance of the City's written notice to proceed and shall continue in effect until June 30, 2029, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and
ATTACHMENT A
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 deadlines. The term of this Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Consultant's performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
Pa
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3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative. The City hereby designates City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Jason Pereira, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant's violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non -owned); and (3) Workers' Compensation : Workers' Compensation insurance as 4 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 required by the State of California with Statutory Limits; and (4) Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation:
Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer's Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.3 Professional Liability (Errors & Omissions). Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(B) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Consultant's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Consultant's obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Six Hundred Ten Thousand Seven Hundred Fifty -Two Dollars ($1,610,752.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in Exhibit "A" attached to this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects, shall apply to the Project.
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. If applicable, Consultant shall be registered at all times with the Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; • Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; • Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; • Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
9 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 Consultant:
City:
CWE Corporation
1561 East Orangethorpe Avenue, Suite 240
Fullerton, CA 92831
Phone: (714) 526-7500
Attn: Jason Pereira, P.E., Principal
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 904-7296
Attn: Matt Baumgardner, P.E.,
Director of Public Works/City Engineer
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any 10 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 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.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The Consultant's duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and 11 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City's officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant's duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City's officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
12 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure 14 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY,
a California municipal corporation
and charter city
By:
Claudia M. Frometa, Mayor
Attest:
CWE Corporation
a California Corporation
DocuSigned by:
By:
Lc+:14l�rNJas on Ee""ir e"' i ra
Its: Principal
Attest:
Maria Alicia Duarte, CIVIC City Clerk
Approved as to Form:
E.._..signed
by:
41"
OE28854FB,,
John Funk, City Attorney
0119.123859
Approved as to Form:
ES' d by:
(N4
470030461
John Wood, Legal Counsel
15 Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE, AND COMPENSATION
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Fullerton, California e2an1
cwecom.com
City of Downey —Public Works Department
11111 Brookshire Avenue
Downey, California 90241
law
Qoousign Envelope I DFF07813 946B-8549-8393-9 CCF8282CF3 Meet Your Projecf Manager
Organizational
This organization chart illustrates the chain of command between the City of Downey (City), CWE's Project Manager, our staff, and s,ubconsultants. Resumes highlighting the experience of the team's Principal Personnel and subconsultant lead personnel can be found AppendixA.
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 Apollo Park Project Concept.
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The Geotechnical Report included in the Preliminary Design and Feasibility Study indicates that the infiltration rate measured onsite at 35-feet deep (around where the infiltration system invert is proposed) is 13 inches per hour. The Feasibility Study includes discussion of the Los Angeles County recommended reduction factors, such that the infiltration rate used to perform sizing calculations was 1.53 inches per hour. The approach recommended in the feasibility study is extremely conservative and ends up costing the City a lot of extra money when compared to the methodology being used throughout the County. While the Los Angeles County Guidance (GS 200.2) includes recommendations for a high reduction factor, Los Angeles County is not using those reduction factors.
We recommend using a factor of safety of two when sizing the infiltration system, which would result in an infiltration rate around 6.5 inches per hour. This will allow the City to reduce the storage volume of the infiltration system, while still demonstrating the same volume of runoff can be captured and infiltrated. As part of the hydrologic analysis, we will model tributary runoff and route runoff through the infiltration system to determine the volume of storage needed to facate infiltration up to the design storm event (targeting the 85 Ih percentile, 24-hour storm event or 9 acre-feet).
0 200 400 600 800 1000 1200 1400 1600 1800
Time (minutes)
_Flow Hydmgraph ,Infiltradon (1.53 itVhr) —Infiltabon (6. 5 lnfhr) We performed a preliminary analysis looking at the anticipated 85t' percentile hydrograph. We simulated the proposed infiltration system layout and assumptions (footprint of 1.5 acres and infiltration rate of 1.53 inches per hour) along with an alternative scenario using the same footprint and an infiltration rate of 6.5 inches per hour. The graph hereon shows the reduction in the storage volume required (required storage would be 30% of the original storage volume proposed if the footprint remained the same). We will optimize the system configuration,
considering footprint, storage depth, and infiltration rate, resulting in a cost-effective system. We are also proposing two additional infiltration tests at the proposed infiltration system invert, as there is currently only one data point available at that depth. This will help us refine assumptions.
Crealing ci Beffer Tornorrow, Todayfl',I
000usignEnvelope ID: orrOr813-940 r8282Cr3
We will prepare a detailed hydrologic analysis, as shown under Task 7.1. We will determine the flow rates from each diversion based on the design storm, which is around the 85 1h percentile, 24-hour storm event (or total runoff volume of 9 acre-feet), The Feasibility Study identified the following.
As shown in the table, the proposed diversion rates are much higher than the 8511 percentile flow rate even though the target capture volume is associated with the 8511 percentile storm event. This is not recommended. CWE recently reviewed an implemented stormwater project designed by others to try to support the client in figuring out why the system was inundated with trash, even though it has a pretreatment system. It was found that one of the reasons is that the diversion pipes allowed in a higher flow rate than what the storage system was sized to handle. This caused the pretreatment system to get inundated with runoff, which filled the system and allowed trash to float and then be transported downstream into the storage system. The diversion pipes should be sized based on a flow rate that corresponds with the volume capture proposed. We will define the design diversion rate through the hydroloci analysis and size the diversion pipes accordingly. The pipes may be smaller under our optimized design, which will save the City The Preliminary Design shows one actuated valve on the diversion lines after the diversion line from Rives Avenue and Paramount Boulevard (BI 3102 Line A) connect. The actuated valve will be used to close the system off for maintenance or when it is full, which will help prevent the pretreatment system from being inundated, which can result in trash floating and being transported downstream in the system. We propose adding another actuated valve and moving the valves to be on each diversion line before they connect.
The proposed storm drain on Rives Avenue will ultimately connect to the Hollydale Drain, which outlets into the Los Angeles River at Hollydale Park. The area tributary to the new storm drain on Rives Avenue currently follows this same flow path. The storm drain on Paramount Boulevard (BI 3102 Line A) currently drains to a Caltrans storm drain along the 105 freeway that outlets into the Los Angeles River near the freeway crossing. If only one actuated valve is included, as currently shown in the Preliminary Design, then flows from th-.
BI 3102 storm drain will be able to discharge into the Rives Avenue storm drain, as it is proposed to be at a slightly lower elevation. Two actuated valves will prevent runoff from changing watersheds, which could impact hydraulics downstream, as each storm drain is designed based on a specific tributary area.
downstream system design event). We will then propose pipe sizes in accordance with the tributary flow rate. We feel a 54-inch storm drain is not needed for the full segment from Imperial Highway to Melva. Reducing the pipe size in the upstream sections will help reduce construction costs.
Additional Design Considerations
The table below summarizes additional opportunities and/or considerations we feel are important as the Project moves into the final design phase.
� We will talk with the O&M team at the City to design around available equipment, staff experience, preferences, etc.
Operation and Manholes at infiltration system will be buried for safety (do not want them to be hidden in Maintenance (O&M) grass areas and pose tripping hazards) Location of pretreatment systems will be discussed, as it needs to be accessible by large | | trucks - will locate in oarkina lot so that it can easilv be accessed durina maintenance |
000usignEnvelope ID: orrOr813-940 r8282Cr3
Pervious pavement was proposed in the Feasibility Study, while we understand the City prefers to evaluate an alternative solution to capture stormwater from the parking lot We will work with the City to confirm preferred approach (pervious concrete vs. bioretention or landscape improvements, etc.)
Parking lot stormwater capture
Parking lot can be regraded to a vegetated area that can provide stormwater capture and can be used as a demonstration area
We will design Americans with Disabilities Act (ADA) spaces and access based on current codes
Electric Vehicle (EV) chargers may be required based on the Green Building Code (will discuss further with the City)
Bioretention areas will be designed with curbing around them to maximize storage volume (as compared to having side slopes)
We recommend protecting trees (avoiding excavation within dripline) Utilities will be avoided (power poles)
Bloretention areas on Quill Drive
Curb cuts will be used to capture street runoff
Concrete step -out strips will be included along the curb, such that people can safely exit their vehicles without stepping into the bioretention area
We recommend upgrading curb ramps along the south side of Quill Drive to meet ADA requirements (one was observed to need upgrades)
We understand the concept plan included a note about the recycled water system being extended to service the park
Central Basin manages the recycled water system in this area and there is a nearby service Recycled water line extension
to the Los Amigos Golf Club
(Optional)
We will coordinate with Central Basin to extend the recycled water service line to Apollo Park The onsite irrigation system will be designed to comply with recycled water requirements if the park will switch service to recycled water
We assume the extension could be up to 5,000 linear feet (LF) long We will work with the City to design a stormwater control system, such that the proposed valves can close automatically based on level sensors that will be included in the infiltration system
It is important to be able to close the system, especially since capture is proposed from more Stormwater controls system
than one diversion system, which would allow runoff to be moved from one drain to another through the infiltration system (as described in additional detail above) If the City has an existing Supervisory Control and Data Acquisition (SCADA) system for stormwater components, then we can integrate this Project with the existing system If the City does not have an existing SCADA system, then we can help specify a new system for the site, such that the City can review and control the system from offsite Baseball field and other areas impacted bvconstruction nfthe subsurface infiltration system will beimproved through replacementOfturf, fencing, adjacent walkways, and irrigation systems; new sports lighting will also bHinstalled
)+
A3described above, vveanticipate the infiltration system can bereduced iOsize, S0w9 will prioritize areas for improvement within the park in partnership with the City (infiltration system will be sited inthose areas)
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Surface improvements
K�inOrsite |i0hbngi[np0vemeniSmay b8inCOrpD��din conjunction with new sports lighting in areas affected by the proposed improvements; the impacted baseball fields currently do not have existing sports lighting
)�
A bird and butterfly garden will be designed for the corner of Rives Avenue and Imperial Highway — specific plants will beused tDattract birds and butterflies )-
1.5-inch grind and overlay will be included on Quill Drive in the asphalt concrete portion |
adjacent to the park and on half of Rives where the storm drain alignment is proposed Cnaaf|ng (),BetferTomorrow^Todayrm 8
000usignEnvelope ID: orrOr813-940 r8282Cr3
The Project received funding through the SCWP Infrastructure Program for design, as indicated in the Stormwater Investment Program (SIP) developed by the LLAR Watershed Area Steering Committee (WASC) during the FY22-23 call for projects. CWE has prepared 15 SCWP applications and is working on the implementation of 18 projects that received funding during prior rounds. We are supporting the documentation and reporting for most of those projects. We understand the requirements of the SCWP, including the specific requirements detailed in the Infrastructure Program Transfer Agreement. We will assist the City in meeting outreach, monitoring, O&M, and reporting requirements, streamlining the implementation process.
The Scope of Work was developed based on the RFP and our vast experience working on similar types of projects. We will meet ths, criteria outlined in the RFP unless otherwise noted. The task descriptions below highlight key elements of each task. We welcome questions, comments, and/or revisions from the City.
Kickoff (pre -design) meeting and monthly meetings (assume 10 virtual) — will prepare agenda and summary for each meeting Kickoff meeting will focus on City preferences, design goals, Project vision, and next steps
Monthly meetings will focus on progress, data needs, comments on submittals, and City input; we like to extend these meeting .
Agendas/summaries
Task 1 — Project Management
invitations to relevant stakeholders as appropriate .
Schedule updates
Monthly schedule updates (as applicable)
)II;,
General project management and communication with City and Project team
Quality Assurance/Quality Control (QA/QC) will be implemented throughout the Project (associated costs are included in applicable tasks)
--:irp
NMI
Review available data and reference documents
Task 2.1 — Data Gathering,
Visit the field to review site conditions, property lines, drainage, J &liv r2 IPA
No direct deliverab s
Review, and Site Visits
and more with the City's Project Manager
(photos will be available
Visit the site following major deliverables to review plans relative upon request)
to field conditions (up to 3 total site visits)
)IIii,
Use our access to DigAlert to identify potential utility owners within the Project area (15 identified)
Perform preliminary, first, and final utility notices
;iii;,
Use City letterhead for utility notices to reduce fees
Preliminary, first,
Maintain record log of contacts, responses, and findings and final notices
Prepare utility base map
Utility contact log
Coordinate for up to two (2) utility relocations (if needed) Assume up to five (5) virtual utility coordination meetings (includes meetings with Central Basin about recycled water line
000usignEnvelope ID: orrOr813-940 r8282Cr3
;+ Licensed Professional Land Surveyor will lead survey )� Surveying areas shown for improvements in concept plan (does not include full park site)
)� Survey will include park space where the infiltration system iS proposed; [ight-Of-w@yareas where diversions are proposed 0O Rives Avenue, Quill Drive, and Paramount Boulevard; right -of- Tash2.3—Thp08n8phic Survey
way along Rives from Melva Street tOQuill Drive for storm drain improvements; and southwest corner Ofsite where bird and butterfly garden iSproposed
)+ Identify and show property lines, easements, surface features, and more
)� 1-foot contours tob8shown
Storm drain and sewer manholes insurvey area will bedipped | tnconfirm elevations
� Perform upto two 0days 0fpotholing (usually can result in about 1O+potholes depending Ondepth)
Potholing anticipated along proposed storm drain extension and diversion pipes(on Rives Avenue, Quill Drive, and Paramount Boulevard) and within the field 81the infiltration system (if Task 2.4—U' -
)
utilities cross)
'
)� VV8will prepare documents 0Jsubmit for 8no fee encroachment p80ni1
Traffic control will b8provided per the Work Area Traffic Control Handbook N\4ACH\'i1iSassumed stamped/signed traffic
control plans will not berequired
| )~ Potholes will be bnCkfi|!ed using hot mix patching )� Geotechnina|exploration (oinclude design recommendations for final infiltration configuration, pipelines, structures, and pavement
Perform uptOfive (5)2O4bO deep soil characterization borings for diversion structures/piping
)� Perform one (1)254oOtdeep soil characterization boring for the pretreatment unit
)� Perform two (2) infiltration tests (3O-fe6kdeep) m1infiltration system with one (1)soil characterization boring (45-fe8 deep) T��h��—��O�ChOiC3|
� ������S�|k�i���O����t��p��
`` `---deep)—
'
Exploration
permeable pavement ~OOd8S�D
)� Perform one (1)10O4bO boring and two Q\504oO bOhOgS
using Cone Penetration Tests (CPT)for the storage system and light poles (the 1OU-f0Oiboring will also b8used for liquefaction analysis)
VVSassume soil cuttings can bedrummed and stored gnthe
Cih/'Ssite temporarily before they are picked upfor disposal )� Assume nnfee encroachment permit
)� Traffic control will beprovided per WATCH
|� Assume hot mix asphalt patching iSnot required
Prepare draft and final Q80[eChniC8|report
DneohngioBetter Tomorrovv'Todaynw 10
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 Assume design .rtures (stormwater and based on
Feasibilityi
Plans will it prepared , i ,,D format, plan)
40-scale (storm drain plan/profile)
Stormor
drain • t • # established based on
existing infrastructure if applicable
Plans include details.i in the s ■
preliminary design plans and cost opinion at 60%
3 — Preliminary
designPrepare
Anticipate at least 70 sheets in final plan set, including and cost opinion in
(60%) Design
demolition, improvement, diversion plan/profile, storm drain electronicTask
'!format
extensionplan/profile,landscape, irrigation,details,
t more
control and shoring plans are assumed to be prepared by selectedTraffic
the Contractor
assumedWe have two for
Enclosed schedule illustrates our assumed timeline for the ■ j design phase
City comments be maintained in an inventoryand responded i which will support
MOM
Plans be advanced from the previous submittalbased on
additional ` `i`i r • comments receivedCost
opinion will be updated based on plan modifications
Specifications will be prepared based on the Greenbook (City to 90% design plans,
provide • t
specifications, i
4 — 90% Plan and
Assume a new electrical service will be required, which we will cost opinion in
Engineer's Estimate Submittal
coordinate with Southern California Edison (SCE) (included electronic (PDF)
(includesTask
Specifications)under
Taskformat
i•f.. .i
Design 1` , performance -based design for. new
digital fil` also
SCADA system and a Process Logic Controller (PLC) control be made available)
system (Piping and Instrumentation Diagram i D' not
included)
We have `• two for City review
it
l
Plans will be advanced i previous i based on
additional detail needed and comments.i
00% design • .
Specifications and cost will be updated based on plan
specifications, and
Engineer'st
(includes#` . t
Supporting calculations (as applicable) will be made available i P
# (georeferenced
Electronic (CAD) files will be georeferenced so that information digitalfiles will also
can integrate t Geographic Information
be de
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 Task 6 — As-Built/Record, Drawings
➢
As-built/record drawings will be prepared based on markups Task 6 — As -Built/
provided by the City/Contractor following construction
As-built/record
Record Drawings
completion
drawings (mylar, PDF,
Electronic (CAD) files will be georeferenced so that information and AutoCAD)
can integrate into the City's GIS system
Task 7 — Permitting
Prepare hydrologic analysis using Watershed Modeling
Software (WMS) to better understand flow conditions (as noted above)
➢
Perform system sizing and optimization calculations to refine infiltration configuration and approach based on geotechnical Task 7.1 — Hydrologic and
findings
Hydrologic and Hydraulic
Hydraulic Analysis
➢
Perform hydrologic analysis to optimize storm drain extension Analysis Report
sizing/configuration
➢
Perform hydraulic analysis for existing storm drains to demonstrate no impacts (use to support permitting)
➢
Perform hydraulic calculations to size proposed components, such as diversion structures and various piping
➢
LACFCD connection permit for diversion (BI 3102 Line A on Paramount Boulevard)
➢
Conceptual review, engineering review, and Use and
Maintenance (UMA) coordination
➢
Submittals will be made through the Electronic Permitting and Inspections for the County of Los Angeles (EPIC LA) Permitting - Application, plans,
platform (we can link a City account)
exhibits, draft O&M plan,
Task 7.2 — Los Angeles
➢
Meetings and coordination with permitting agencies
and reference documents
County Flood Control District
➢
Assume City will pay associated permitting fees directly . Up to 2 revisions
(LACFCD) Connection Permit
➢
O&M plan will be prepared to meet LACFCD permitting/UMA . Agenda/summary
requirements
➢
Will identify components, maintenance requirements, frequency of inspection/maintenance, and more
➢
Draft O&M will be prepared near the end of the design phase and will support LIMA process
➢
O&M to be finalized during construction with actual components used (not part of Scope)
Task 8 — California Environmental Quality Act (CEQA)
➢
Studies to support CEQA requirements and documents
➢
Assembly Bill (AB) 52 consultation support (prepare letters and . AB 52 letters
attend consultations)
. CRA
Task 8.1 — Environmental
➢
We assume the City will provide tribal contacts if available . Remaining studies to
Studies
(typically through the Planning Department)
be incorporated into
➢
Cultural Resources Assessment (CRA), including
MND (Task 4.2)
paleontological review
➢
Air Quality Technical Evaluation
➢
Noise and Vibration Technical Evaluation
Creatinq (,,i BeHfer Tonnorrow, TodayThl 12
Docusign Envelope ID: DFF07813-946B-8549-8393-93CCF8282CF3 ➢
Utilize City templates (if available) and studies detailed above under Task 8.1
Mitigated Negative Declaration (MND) to satisfy CEQA
Prepare Project description to assess impacts
➢
Prepare/review Initial Study checklist and describe associated mitigation measures .
Draft and Final MND
Task 8.2 — Mitigated
➢
Submit draft MND for City and LACFCD review before public .
MMRP
Negative Declaration
➢
review .
Prepare Mitigation Monitoring and Reporting Plan (MMRP) NOD
Address comments, complete Notice of Determination (NOD), and file with County Clerk
We assume the City will pay filing fees
➢
CWE can attend the City Council meeting where the CEQA
document is adopted, upon City request, to help answer
questions that may arise
Task 9 — u lii utreaoh
➢
Stakeholder and community outreach to meet SCWP
requirements and in accordance with the Community Outreach Plan included in the Feasibility Study
➢
Coordinate with Community Based Organizations (CBOs),
Non -Profit Organizations (NGOs), stakeholders, and LILAR watershed coordinator (SGA) .
Outreach materials
➢
Develop postcards (invitations to events), fact sheet, website .
Website content
Task 9 — Public Outreach
content, presentation, up to three (3) posters, and up to three (3) . 3 social media posts
social media posts
➢
.
Factsheet and key information can be translated to Spanish Agenda/summary
➢
Assume up to three (3) in -person events (townhall, pop-up at the park, and/or workshops)
Assume up to three (3) virtual meetings with stakeholders with meeting agendas/summaries
➢
It is assumed that the City will print and mail postcards and CWE will print the boards
Task 10 — SCWP Reporting
➢
Up to two (2) Exhibit A's (Scope of Work), six (6) semi-annual progress reports, and two (2) Annual Reports
Draft Monitoring Plan (does not include a Quality Assurance Project Plan [QAPP])
➢
O&M Plan prepared under Task 7.2 will be submitted to meet Task 10 — SCWP Reporting
SCWP requirements
See description
➢
Complete the Metric and Target Module
Vector Minimization Plan
Assume Community Outreach Plan included in the Feasibility Study will meet outreach plan requirements
➢
Attend up to four (4) WASC meetings
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Task 11 — Optional Tasks
Assume up to 5,000 LF of recycled water line will be required to bring a new service to the park
➢
Topographic survey (consistent with the approach included under Task 2.3)
➢
Two additional days of potholing (consistent with the approach Task 11.1 — Extend
included under Task 2.4)
PS&Es to be included in
Recycled Water Line
➢
Extended utility search and coordination (consistent with the submittals documented
approach included under Task 2.2)
in the tasks above
➢
Prepare plan and profile for recycled water line extension Prepare cost opinion and specifications
➢
Design irrigation system to align with recycled water
requirements
➢
Coordination with the City and West Basin
➢
We have helped agencies obtain $100s of millions for
infrastructure projects and we currently manage 11 on -call grant contracts, allowing us to keep up-to-date on ongoing funding opportunities
Track grant program opportunities
➢
Prepare up to six (6) funding applications and related
Task 11.2 — Funding
coordination (presentations, reference documents, etc.) Up to six (6) grant
Identification
➢
This can include preparation of SCWP Infrastructure Program application(s)
application(s) for construction, along with associated WASC presentations
➢
Anticipate other funding programs may include Caltrans
Cooperative Implementation Agreement (CIA) or other programs from the State
➢
We have included budget to do the pollutant load reduction analysis required by Caltrans for CIA funding
➢
Prepare a SWPPP, as the Project will disturb more than one (1) Task 11.3 — Stormwater
acre
Pollution Prevention
➢
Will utilize the latest Construction General Permit (CGP) .
SWPPP
Plan (SWPPP)
➢
Contractor would finalize the SWPPP during construction and can use the Erosion Control Plans we prepare
➢
Respond to bidder questions (addenda preparation)
Task 11.4 — Bid Support
Attend pre -bid meeting .
Addenda
➢
Scope/fee can be updated once the City has secured
construction funding
➢
Attend pre -construction meeting
➢
Respond to up to 24 submittals
Task 11.5 —Construction
➢
Respond to up to 12 Requests for Information (RFIs)
Submittal and RFI
Engineering Support
Scope/fee can be updated once the City has secured
responses
construction funding
➢
Fee does not include construction meeting attendance or site visits
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The proposed team members are available and have the workload capacity to provide the requested services. TT' understand how important it is to be proactive and responsive to project needs. Our team will conduct the work from our Fullerton location, which is located about 20 miles from Apollo Park. We are easily accessible for your needs. The percentage of the current workload of staff is noted on the organizational chart on page 2.
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Hector Vargas
For this contract, we propose Hector Vargas as Vice President of Project Management.
He has over 17 years of experience in the construction industry, 10 of which he has dedicated to the utility locating industry. He has worked as a sales representative, a project manager, and a lead supervisor. These different roles have given him a well-rounded knowledge of the industry from project inception to project completion. Hector can step in and help our lead surveyor and field manager with daily requests and large project needs. He oversees the coordination of all office and field efforts within the project limits to ensure the highest standards for utility location accuracy.
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Metro Division 20 Utility l-cicatingand Mapping Investigation, Los Angeles, CA As Project Manager, Hector coordinated access With the site, client, and technicians, oversaw the badging and safety training required, coordinated with the client on scheduling limitations, communicated with Operations and the client if issues arose, and made sure the project stay on time and within budget.
LACPW 1FB 130777 Vacuum Excavation On-Caill, Los Angele,, CA Hector served as Project Manager for an on call agreement with LACPW to furnish services for Vacuum Excavating and Utility Location services including materials, excavation and backfilling, pavement and curb cutting, GPR Video Pipe Inspection and Locator, Electronic Locator, Mappin& Utility Location Report, and Traffic Control in Compliance with the work area Traffic Control Handbook (W.A.T.C.H.).
City of Ontario Potholing linvestigation Grovel Holt, Ontario, (A As Project Manager, Hector was responsible for submitting permits and coordinating with Utility Service Alert (USA) and the field technicians. He managed the project budget and communicated issues with the client.
Strand Main Utility Locating investigation
The purpose of this investigation was to find existing utilities to quality Level B. Specialty equipment that was used in this investigation includes GPR, Electromagnetic Locators, Ram Rods, Robotic Cameras, and other investigative tools. Utility locations along with depth estimates were marked directly on the surface. At the completion of this project the client was provided a comprehensive 2D utility map in CAD and PDF Certerra also performed (173) potholes as indicated in the client provided potholing exhibit. 1-10 Corridor Potholling and Slot TrencNng investigation, Multipie the Ht,qhvvoy, CA As Project Manager, Hector oversaw efforts both in the office and field, was responsible for coordinating the technicians and communicating issues with the client. Hector managed the project budget and advised operations of the progress in the field.
SR-55 Widening Project, Orange Gdf.sny, CA
As Project Manager, Hector oversaw field efforts when performing the 155 potholes. Responsible for coordinating with the client and the technicians. He managed the project budget, pulling permits, and reviewing technician findings.
Lambert Road Potholing ]investigation, whittier, CA -
Hector served as Project Manager, performing 39 potholes and seven slot trenches perthe client's direction. Hector oversaw the permitting and coordination with the field technicians. He managed the project budget and communicated issues to operations and the client.
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PRINCIPAL, DIRECTOR OF LANDSCAPE ARCHITECTURE/
PROJECT MANAGER I K8|G
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in both mediums is a high-level practice of inquiry and exploration. Evan has walked these dual paths since college —applying his creativity on the land and rn'ects that im!Qact !2eo,,!Qle and the environment in ta ible. measurable ways.
From streetscapes and schools to parks and infrastructure, Evan seeks to reveal the stories inherent in the context, history, geology, ecology, and culture of a project site. His films investigate and communicate landscape architecture, narrative. Evan's unique synthesis of disciplines and his incorporation of new technologies enables him to educate and inspire clients and the general public — offering a fresh perspective and unveiling unexpected project possibilities.
With each project, he strives to elevate his craft and his profession— using his exi2erience and eXDertise to create health�, beautiful environments that enQaQe RMOW4�
SELECTED PROJECT EXPERIENCE
» 20mStree and [|ovedie|dBoulevard Pedestrian Improvements, Santa Monica, [A
» Alhambra Main Street Green Street, Alhambra, CA
» Arcadia Transit Plaza, Arcadia, [A
» Arroyo SecmWater Reuse and Natural Stream Restoration, Pasadena, [A » Beverly Hills Burton Way, Beverly Hills, CA
» Broadway Manchester Equity Project, Los Angeles, CA
» Burbank Water and Power Ecn[ampus,Burbank, CA
» Carson Boulevard Streztscape,Hawaiian Gardens, CA
» [SU0Student Sustainabi|ityCenter, Northridge, [A
» Del Rey Crossing, Los Angeles, [A
» Eamin^k8agic^Johnson Park, Willowbrook, [A
» Exposition Park Master Plan, Los Angeles, CA
» Johnny Carson Park Revitalization, Burbank, [A
» Los Angeles City College Central Quad, Los Angeles, CA » Los Angeles Community College District Region 2Master Planning » Metro l^and Central, Los Angeles, [A
o Metro Foothill Gold Line 2B(Stations,Plazas, Parking Lots) » Metro Willowbrook/Rosa Parks Station, Willowbrook, [A » Monrovia Station Square Transit Village, Monrovia, CA ' Playhouse Village Park, Pasadena, [A
» Santa Monica Airport Park, Santa Monica, CA
» Santa Monica Memorial Park Master Plan, Santa Monica, [A » SCVS4Ne||sTreatment Project, Santa Oarita.CA
» S|ausonConnect Recreation Center and Park, Los Angeles, [A » StnnevievvNature Center, Culver City, CA
» USCNative and Climate Adapted Plant Master Plan, Los Angeles, [A » Va|indo6reenwayStreetscape'West Covina, CA
Cnaohng aBetterTomornzvv'Todaynm
000usignEnvelope ID: orrOr813-940 r8282Cr3
YEARS WITH Tsnmxcom
«
Wrerimacon �Iiq
SENIOR STAFF ENGINEER
PROFESSIONAL EXPERIENCE
smriu omta| /s a Senior Staff Engineer mrenamn'sSouthern California office with over five years of experience in preparing geotechnical reports, designing Geo-structures, and conducting geo,econ/ca|field investigations,
She has experience m many projects pertaining toshallow and deep foundations design, pavement design, and oeo/mo/c hazards analysis. she has prepared numerous project proposals and geotechnical engineering reports. In addition, she has comprehensive knowledge moeotec n/caKstruuum|softwaretrors/orestam/xvana|vs/s'deep excavation design, pile design, groundwater flow, and structural analysis and design.
PROJECT EXPERIENCE
soucATom
Master mrScience, c/vn enomeenno.
0 Pavement Assessment mrVarious Streets Monterey Park, cA California State University,
E
Culver City e/oretenuon Culver City, cA
Fullerton, CA
n
Los w/emsGreen Infrastructure Whittier, CA
Bachelor orScience, Civil
0 Santa Ana Green Street Urban Greening Santa Ana, cx
snomeermn'
0 Manhattan Beach Infiltration Manhattan Beach, cA
rnuxuvanUniversity Kathmandu,
mcno|
0 Parkway eMpsfor Dominguez Channel -Harbors Torrance, CA E
Dominguez Channel -Harbors rux/cs-Torrance, cA
N
LAcpwsoum Whittier Green Streets Meyer Site - Whittier, CA 0 wanu" stormwaterzmpmvement- Malibu, CA
0 281^ St. smrmwatermn|tomnn Project - Manhattan Beach, cx 0 Santa Ana a,/sm/ro///vcrorben srccn/no - Santa Ana' CA 0 San Gabriel Levee Ramp Evaluation -Arcama' c»
E
City nrTorrance Storm Drain - Torrance, cA
N
Indian Street Pedestrian e,moe Ontario, CA
0 a Street Water Main Replacement Chino, CA
0 Santa Ana Bristol -Myrtle Urban Greening - Santa Ana, CA 0 Garden Grove Sewer Main xapmcement-oaruon Grove, CA
n
c/t'wmepavementcv,/no - n|ve,yme' CA
E
ransewereep|acement- Garden Grove, cx
0 Garvey Avenue and maxsnn nu - e| Monte, CA
0 Grand Avenue and xuxe|anu Sewer Extension - us/nore'cA n
Acacia Street Sewer Replacement - Garden Grove, cA
E
Garvey Avenue Grade Separation Drainage - e| Monte, cx
0 Citywide Pavement Coring - Riverside, CA
0 ca||esveruesproject-san Fernando, CA
0 Santa Ana Fairview Bridge w0np-Santa Ana, cA
0 xvuose||eStreet Flood Protection pnoject-santaxna' cx E
EvMwo- Grand Avenue and Lnxc|anu Sewer Extension, s/o/nurc' CA Creating aBetter Tomorrow'Todaynw
000usignEnvelope ID: orrOr813-940 r8282Cr3
Sevag AvanessiaM,PE
Electrical Engineer
Mc &vanessian is experienced in various engineering projects including the design of Power systems' |ighdng systems, |ow*n|tage systems' and fire a|arnn systems for new construction and »enanc|mprovementpno1jecoford|enrsineducation,|nstizutionaiandcomnnevcia|seomrs.
YEARS OF EXPERIENCE- 18Yeary
YEARS WITH JCCA: 16 Years
EDUCATION: Bachelor of Science, Dectrical Engineering, 2009, Universiryof[aUfornia. Irvine
LICENSES: Ca|rforniaElectrical PELicense No, E22793
" MesmerLow Flow Diversion, City ofCulver City, CVVE
° StonnWater- 8Urban Run -Off Diversion System, Cu|verCity Public Works Department, CVVE " Wingate ParkVVMP, CVYE
" StormvvazerBMPGamanzaPark, SVVE
° SxormeaterBasin Enhancement, City ofTorrance, CVVE
= Arnie Basin Upgrades, City ofTorrance
= Wilson ParkTrusses. City mfTorrance
= @one||iirrigation Refurbishment, Pumis, Station Renovation, County ofLos Angeles Department of Public Works (LADPYV
° Low Voltage infrastructure, Cliddren and Family Services, County of Los Angeles lrrterna| Services Qepertnnent(LA|SD)
" Closed OncuitTe|eviaion (CCTV) Electrical |nMastruc1ura, Central Juvenile HaU. LA|SD * ADAQ E|ecrrica| infrastructure Study, Walnut Library, LX|SQ ~ Big Blue Bus Lighting Upgrade,City ofSanta Monica
° Bectrima|Upgmdes.Santa Monica Pier, City ofSanta Monica = Overhead Electrical Replacement, Fish Springs Hatchery, DGS * Peer Rev|evvs, Mental Health Crisis Facility, California institution for Men and 0 Donovan Correctional Facility, Cdifornia Department of Corrections and Rehabilitation (CDCR), Vanir = Water, Treatment Plant, Cendne|aState Prison, CDCR
* Standby Generator, West Faci|ity' California Men's Colony, CDCR " ConstructabiUty Reviews, Various 6choo|a, Los Ange|es Un|fied School District (LAUS[) = Replace Ventilation Fans. Building 17, Boeing, Huntington Beach ° increased Secured Bed Capacity, Metropolitan State Hospital, Department of General Services " Upgmde Fire Detection and Alarm Gystem. Federal Corrections institute (FCVSafford, Federal Bureau ofPrisons (F8QP)
* Construction Documents. Upgraded FineA|arm System` FC| DubUn, F130P Cneatinqo8etfcrT(,)morrovv^Todaynw