3. Sources of Funding for Permittees and Potential Impacts to Funding Sources Due to COVID-19 and Recovery Efforts
Permittees are required to secure the resources necessary to meet the requirements of the Order, including those necessary to achieve the receiving water limitations and WQBELs. As discussed elsewhere in the Fact Sheet, these permit provisions are required by federal regulations. That said, the Los Angeles Water Board recognizes that in light of the recession caused by the COVID-19 pandemic, local governments around the country are facing significant challenges in financing and constructing stormwater management infrastructure required by the CWA and federal NPDES regulations. However, as of May 2021, the number of vaccinations completed continues to rise both in the region and around the country, and the Biden administration has proposed trillions in new infrastructure spending on top of the $1.9 trillion dollar American Rescue Plan effective in March 2021, all of which improve the outlook for stormwater funding.
The pandemic brought extraordinary hardship, and it hit society unequally. The unemployment rates in Los Angeles and Ventura Counties in the spring of 2020 hit highs of 18.8% and 14.5%, respectively.405 Low-income residents experienced 403 Parrish, Janet. 2018. Off-Site Stormwater Crediting: Lessons from Wetland Mitigation. U.S. EPA. https://www.epa.gov/sites/production/files/2018-10/documents/offsite_stormwater_crediting_lessons_from_wetland_mitigation-2018-04.pdf 404 Clean Water Partnership. 2020, December 11. Community-Based Public Private Partnerships (CBP3s) for Delivering Sustainability, Environmental Justice and Community Health and Resilience. Presentation. https://thecleanwaterpartnership.com/sustainability-seminar-series-community-based-public-privatepartnerships-cbp3s/ 405 FRED. 2021. Unemployment Rate in Los Angeles County, CA. https://fred.stlouisfed.org/series/CALOSA7URN; FRED. 2021. Unemployment Rate in Ventura County, CA. https://fred.stlouisfed.org/series/CAVENT2URN
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higher rates of unemployment than middle- and high-income residents, many of whom were able to work remotely and more easily avoid becoming infected by COVID-19.406 Jobs disappeared in leisure, hospitality, and entertainment, on which Los Angeles County relies heavily. The agricultural industry in Ventura County was also hit hard, and on average received less federal aid compared to growers in other parts of the country.407 Due to systemic inequities, COVID-19 has disproportionately hit African Americans and Latinos nationwide.408 This has occurred in Los Angeles as well, in addition to disproportionate impacts on the local Pacific Islander population.409 Before the pandemic, Permittee municipalities where these underserved communities comprise a significant portion of their populations already had constrained opportunities for revenue generation due to lower average incomes and tax bases.410 Existing disadvantages in resources have been exacerbated by the pandemic because underserved communities bear a heavier burden in healthcare costs and deaths. In Los Angeles, areas with high poverty had almost four times the death rate on average than areas with low poverty.411 Furthermore, African Americans and Latinos were more likely to be laid off or furloughed because of the pandemic.412
Despite the real hardships, at the macro level economic suffering was not as bad as feared in early predictions. As of May 2021, during the course of the pandemic, the federal government has put more than $5 trillion into the economy.413 Congress passed the American Rescue Plan, which extended unemployment benefits, sent stimulus checks to the public, and sent $350 billion to state and local governments, with stormwater infrastructure being one of the many intended uses of this funding.414 President Biden has also ordered that 40% of benefits from federal climate action go to underserved communities as part of the Justice40 initiative.415 406 Chetty, Raj, John N. Friedman, Michael Stepner. 2021. Who Spent Their Last Stimulus Checks? New York Times. https://www.nytimes.com/interactive/2021/02/08/opinion/stimulus-checks-economy.html 407 Smith, Aaron. COVID-19 Relief Programs Have Kept U.S. Farm Income High but Shortchanged California Producers. Giannini Foundation of Agricultural Economics, University of California. https://s.giannini.ucop.edu/uploads/pub/2021/02/18/v24n3_2.pdf 408 Centers for Disease Control and Prevention. 2020, June 25. COVID-19 in Racial and Ethnic Minority Groups. https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/racial-ethnicminorities.html 409 Lin, Rong-Gong, II. 2020, June 9. “Racism and inequity fuel coronavirus-related death toll among L.A.
County minorities, officials say”. Los Angeles Times. https://www.latimes.com/california/story/2020-06- 09/coronavirus-deaths-racism-blacks-latinos-pacific-islanders-inequity 410 De La Cruz-Viesca, Melany, Zhenxiang Chen, Paul M. Ong, Darrick Hamilton, and William A. Darity Jr. 2016. The Color of Wealth. Duke University, The New School, UCLA, Insight Center for Community Economic Development. http://www.aasc.ucla.edu/besol/Color_of_Wealth_Report.pdf 411 Lin, Rong-Gong, II. 2020, June 9. “Racism and inequity fuel coronavirus-related death toll among L.A.
County minorities, officials say”. Los Angeles Times. https://www.latimes.com/california/story/2020-06- 09/coronavirus-deaths-racism-blacks-latinos-pacific-islanders-inequity 412 Jan, Tracy and Scott Clement. 2020, May 6. “Hispanics are almost twice as likely as whites to have lost their jobs amid pandemic, poll finds.” Washington Post. https://www.washingtonpost.com/business/2020/05/06/layoffs-race-poll-coronavirus/ 413 Casselman, Ben. 2021. America is on a Road to a Better Economy. But Better for Whom?. New York Times. https://www.nytimes.com/2021/05/18/magazine/stimulus-us-economy.html 414 U.S. Department of the Treasury. 2021. Coronavirus State and Local Fiscal Recovery Funds. 415 White House. 2021. Fact Sheet: President Biden Takes Executive Actions to Tackle the Climate Crisis at Home and Abroad, Create Jobs, and Restore Scientific Integrity Across Federal Government. https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/27/fact-sheet-president-biden- Tuesday, November 05, 2024 Reg CC MTG, Page *777
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As of May 2021, predictions are that the California 2021-2022 budget will have a surplus of $38B-$75B.416 Economists in 2021 have consistently revised their outlooks to be more optimistic, expecting unemployment to return to pre-pandemic levels in 2022.417 As of March 2021, the unemployment rates in Los Angeles and Ventura Counties were 10.9% and 6.4%, respectively.418 While this is a significant improvement compared to the early months of the pandemic, there is still a ways to go to full recovery. At the local level, Los Angeles property tax revenues from the past year were higher than expected, and it is likely that funding for Measure W will remain largely intact.419 Los Angeles County is set to receive $1.9 billion, and the city of Los Angeles is set to receive $1.4 billion from the American Rescue Plan.420 These amounts are greater than LA County and the city of Los Angeles’s previously projected budget deficits of $935 million and $750 million, respectively.421 While the specific magnitude of the effect on municipal revenues is unclear as of May 2021, there will be continued or increased funding of state and federal grants that can be used towards stormwater projects. There has been increased spending by the general public as more people have received vaccinations and the economy has continued to reopen, which will increase local tax revenues.
The pandemic’s economic impacts largely affect general funds, which present a limited and less reliable source of revenue. Permittees are compelled more than before to identify alternative sources such as fees, assessments, grants, and loans.
In the past, municipalities throughout the State have been successful in securing alternative funding for stormwater services through fees, assessments, or special taxes, as well as through developer fees, and gas taxes.422 Many Permittees have takes-executive-actions-to-tackle-the-climate-crisis-at-home-and-abroad-create-jobs-and-restorescientific-integrity-across-federal-government/ 416 Walters, Dan. 2021. Newsom budget surplus gets reality check. CalMatters. https://calmatters.org/commentary/2021/05/newsom-budget-surplus-lao/ 417 Casselman, Ben. 2021. America is on a Road to a Better Economy. But Better for Whom?. New York Times. https://www.nytimes.com/2021/05/18/magazine/stimulus-us-economy.html 418 FRED. 2021. Unemployment Rate in Los Angeles County, CA. https://fred.stlouisfed.org/series/CALOSA7URN; FRED. 2021. Unemployment Rate in Ventura County, CA. https://fred.stlouisfed.org/series/CAVENT2URN
419 LA Controller. Revenue Forecast Report for Fiscal Years 2020-2021. https://lacontroller.org/financialreports/revenue-forecast-report-fy21/ 420 U.S. Department of the Treasury. 2021. Coronavirus State and Local Fiscal Recovery Funds. 421 Denkmann, Libby. 2020. LA County Supervisors Approve Downsized Budget: No Department is Spared From Cuts and Layoffs. LAist. https://laist.com/news/la-county-supervisors-budget-cuts-layoffspandemic; Zahniser, David, Dakota Smith, and Julia Wick. 2021. L.A. expects to receive $1.35 billion from the relief bill. Garcetti is ‘ecstatic’. Los Angeles Times. https://www.latimes.com/california/story/2021-03-10/federal-relief-cities-states-could-end-los-angelescity-budget-crisis 422 Generally, there is a willingness to pay for improvements in water quality. For example, U.S. EPA estimated household willingness to pay for improvements in freshwater quality to support fishing and boating to be $182 to $242 per year (adjusted for inflation using Bureau of Labor Statistics on-line CPI Inflation Calculator). (National Pollutant Discharge Elimination System – Regulations for Revision of the Water Pollution Control Program Addressing Storm Water Discharges, Final Rule. Federal Register 64 (8 December 1999): p. 68793. Web. 20 June 2019.) This estimate can be considered conservative, since it does not include important considerations such as the benefits to marine waters, wildlife, or flood control. California State University - Sacramento’s 2005 study corroborates U.S. EPA’s estimates, reporting annual household willingness to pay for statewide clean water to be $240 (adjusted for inflation using Bureau of Labor Statistics on-line CPI Inflation Calculator). (State Water Board, 2005. Currier, Brian Tuesday, November 05, 2024 Reg CC MTG, Page *778
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also taken steps to establish a stable funding source, which will help fund stormwater projects despite the current economic downturn. The following Parts XIII.D.3.a-e provide examples of these efforts. Part XIII.D.3.f of this Fact Sheet provides examples of state and federal grants and loans. a. Los Angeles County Safe, Clean Water Program
In November 2018 Los Angeles County gained voter approval of Measure W, a special parcel tax of 2.5 cents per square foot of impermeable surface that will raise up to $285 million annually to capture and clean up stormwater.
Measure W required approval by a two-thirds majority to pass. The tax will help cities across Los Angeles County comply with the Order. It will also help make the region more water resilient in the face of drought and climate change, particularly in underserved communities that are often hit harder by environmental and public health stresses.423
Of the annual revenue, forty percent will be returned to the municipality of origin to create new local projects and programs and fund operation and maintenance. Table F-40 provides the estimated “local return” revenues that will be allocated to Los Angeles County Permittees based on the estimated annual revenue of $285M. It is anticipated that a total of $112.6M will go directly to municipalities through the local return.
K., et al. NPDES Storm Water Cost Survey Final Report. Office of Water Programs, California State University, Sacramento, January 2005. p. iv.)
423 “L.A. County stormwater tax officially passes.” Los Angeles Times, November 30, 2018.
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Table F-40. Estimated Annual Safe, Clean Water Program Municipal Program Funds, by Permittee424
Fifty percent of the annual revenue will be spread across nine watershed areas to develop Stormwater Investment Plans and implement regional projects and programs, including a Technical Resources Program (TRP) that will provide technical assistance to underserved communities in developing feasibility studies, which are required before a project is considered for funding, and facilitating community and stakeholder engagement. Anticipated annual revenues available to each watershed area are provided in Table F-41. 424 https://safecleanwaterla.org/wp-content/uploads/2020/09/SCW-Local-Return-Funds-by-Municipality20200809.pdf Tuesday, November 05, 2024 Reg CC MTG, Page *780
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Table F-41. Estimated Annual Safe, Clean Water Program Regional Program Funds by Watershed Area
Watershed Area Estimated Annual
Revenue (millions)
Central Santa Monica Bay $ 17.42
Lower Los Angeles River $ 12.72
Lower San Gabriel River $ 16.56
North Santa Monica Bay $ 1.83
Rio Hondo $ 11.49
Santa Clara River $ 5.87
South Santa Monica Bay $ 17.58
Upper Los Angeles River $ 38.44
Upper San Gabriel River $ 18.78
REGIONAL TOTAL $ 140.6
Source: County of Los Angeles Safe, Clean Water
Program (https://safecleanwaterla.org/wpcontent/uploads/2020/09/SCW-Regional-ReturnFunds-by-Watershed-Area-20200809.pdf) Figure F-2 shows the overlap between the nine watershed areas and the Watershed Management Program and Enhanced Watershed Management Program areas.
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Figure F-2. Map of Watershed Areas, Watershed Management Program Areas, and Enhanced Watershed Management Program Areas
The remaining ten percent of the annual revenues would be allocated to the Los Angeles County Flood Control District for administration of the program and other district water quality projects and programs.
The Los Angeles County Department of Public Works has evaluated the planning-level projected costs for full implementation of some of the Watershed Management Programs and Enhanced Watershed Management Programs, and the anticipated revenue from the Safe, Clean Water Program for corresponding watershed areas relative to the WMP/EWMP milestones.
The preliminary working draft of their analysis suggests that, without any additional sources of funding and assuming the accuracy of the projected costs, significant additional time will be needed to meet most milestones.
However, the projected costs used by the Los Angeles County Department of Public Works were higher than values from the Board staff analysis, presented above, and in many cases Permittees have succeeded in significantly lowering these projected costs at both a program scale and project scale.
Additionally, as discussed below, Permittees have, and can continue to, leverage additional funds through partnerships with other entities and securing grants and/or low-interest loans.
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In summary, the passage of Measure W, with nearly 70% of the vote in LA County, suggests strong support for improved water quality. The revenue generated will go toward funding the Permittees’ WMPs and EWMPs, thereby significantly assisting in compliance with the Order.
b. Los Angeles County’s Measure A
Los Angeles County voters in November 2016 approved Measure A, the Safe, Clean Neighborhood Parks and Beaches Measure, to support local parks, beaches, open space, and water resources with an annual parcel tax of 1.5 cents per square foot. The measure received overwhelming support, with the approval of 75% of voters. The county’s Regional Park and Open Space District disburses the funding through grant programs, divided over multiple categories of projects. Category 3, the Protecting Open Space, Beaches, and Watersheds Program, has about $7.4M annually for competitive grants. The program considers projects that capture stormwater and protect drinking water and waterbodies, as well as projects that provide multiple benefits, such as increasing recreational opportunities, protecting habitats, and improving public health.425
c. Culver City’s Measure CW
During the November 8, 2016 Special Municipal Election, over two thirds of Culver City residents voted in favor of Measure CW, the Clean Water, Clean Beach Parcel Tax. Single family residential parcels are taxed $99 annually, while each multi-family residential dwelling unit is taxed $69 annually. Each parcel owner of a non-residential property is taxed $1,096 per acre of land (or portion thereof) annually. The $1,096 is pro-rated for non-residential parcels less than one acre. Charges first appeared on the tax statements in fall 2017. Funds raised by Measure CW will be used for improvements in water quality in Ballona Creek, Marina del Rey, and Santa Monica Bay. Measure CW is expected to generate about $2 million per year, beginning in fall 2017. All Measure CW money will be used in Culver City to improve water quality through measures such as low-flow diversions, multi-benefit stormwater capture projects, green streets, and trash controls, among others.
Measure CW was directly designed to pay for Culver City’s cost of compliance with the Order, including Culver City’s responsibilities in implementing programs and projects in the Ballona Creek and Marina del Rey EWMPs in which it is participating.426
d. Ventura County’s Benefit Assessment Program
The Ventura County Watershed Protection District Benefit Assessment (BA) Program, which levies property fees, is authorized by the Ventura County Watershed Protection District Act, as amended by Chapter 438, Statutes of 1987 and Chapter 365, Statutes of 1988. The FY2019 Benefit Assessment for Watershed Protection is based on the rates established for Fiscal Year 1997.
Those same rates were approved for Fiscal Years 1998-1999 through 2017- 2018.
425 Los Angeles County Regional Park and Open Space District. 2017. Measure A Implementation – Park Funding 102 (Fall 2017). https://rposd.lacounty.gov/2017/09/19/park-funding-102/ 426 https://www.culvercity.org/city-hall/information/election-information/ballot-measure-information/cleanculver-city.
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The Board of Supervisors approved the same rates in compliance with Proposition 218 on June 12, 2018 for fiscal year 2018-2019. Based on these assessment rates, the annual revenue generated for MS4 permit compliance is provided in Table F-42. The total annual revenue available for MS4 permit compliance for FY 2018-2019 is $3.1 M. An increase of the Benefit Assessment rates requires a vote.
Table F-42. Fiscal Year 2018/2019 Benefit Assessment Program Revenue for NPDES Compliance
Permittee Zone 1 Zone 2 Zone 3 Zone 4 Total
Ojai $34,115 -- -- -- $34,115
San
Buenaventura $58,907 $195,448 -- -- $254,355
Fillmore -- $17,685 -- -- $17,685
Oxnard -- $592,311 -- -- $592,311
Santa Paula -- $65,191 -- -- $65,191
Port Hueneme -- $14,925 -- -- $14,925
Camarillo -- $1,117 $155,023 -- $155,140
Moorpark -- -- -- -- --
Thousand
Oaks -- -- $254,540 $47,387 $301,927
Simi Valley -- -- $187,303 -- $187,303
Unincorporated
County $20,495 $35,545 -- -- $56,040
Watershed
Protection
District
$118,788 $539,544 $716,353 $66,075 $1,440,760
Total $232,306 $1,461,768 $1,313,220 $113,462 $3,120,756 Source: Ventura County Watershed Protection District. Report on Benefit Assessment Program, Fiscal Year 2018/2019.
e. Other Los Angeles County Municipalities
In addition to Los Angeles County, Culver City and Ventura County, other municipalities within the Los Angeles region have secured funding that supports projects to improve water quality through the adoption of stormwater fees. Table F-43 identifies several of them.
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Table F-43. Other Existing Municipal Stormwater Fees in the Los Angeles Region Permittee Status
Monthly Unit
Rate
(Residential)
Funding
Mechanism Source
Beverly Hills NI $35.12 (R-1),
$14.52 (R-4) NI OWP
Los Angeles
(City) Successful $2.33
Special Tax
– G.O.
Bond
SCI
Monrovia Successful $1.68 base +
$1.25/dwelling Balloted OWP
Rancho Palos
Verdes NI $7.17 NI WKU
Rancho Palos
Verdes
Successful,
then recalled
and reduced
$16.67 Balloted SCI
Santa Clarita NA $2.00 NI WKU
Santa Clarita Successful $1.75 Balloted SCI
Santa Monica NA NI NI WKU
Santa Monica Successful $7.25 Special Tax SCI
NI – Not Identified
NA – Not Available
OWP - Toolkit to Support Financial Planning for Municipal Stormwater Programs, U.S. EPA Region 9 Environmental Finance Center at Sacramento State, Office of Water Programs, 2018.
SCI - as tracked by SCI staff since 2002
WKU - Western Kentucky University Stormwater Utility Survey 2018 Note: Results are standardized to the best extent possible in combining the multiple sources, but not adjusted for inflation. Reported rates are for majority of residential customers for rate structures with multiple tiers and are shown as reported at time of passage or enactment (SCI or OWP sourced entries) or current year (WKU sourced).
Source: CASQA Stormwater Finance Web Portal, Survey of Existing Stormwater Fees in California, September 3, 2019.
f. State and Federal Funding Sources
Public agencies, both federal and state, recognize the importance of stormwater improvement projects. This section describes some sources of funding from grants and loans that have been provided in the past and will be provided in the future to help offset the costs of stormwater management and leverage ongoing funding sources such as those described above. The variety of grant programs that can support stormwater projects highlights the opportunities for creativity in incorporating stormwater BMPs into other infrastructure and community development projects, which will not only help achieve stormwater goals, but also open more avenues of funding.
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Permittees in the Los Angeles Region have been receiving significant State funding through grant programs and interagency agreements with the California Department of Transportation, and so far there is no official indication that they will not continue doing so as several State-wide stormwater grant programs are expected to proceed in coming years. All Permittees have completed a Stormwater Resource Plan (SRP) or equivalent and have obtained concurrence on the SRP or equivalent from the State Water Board, making all Permittees eligible to compete for State funds to support additional stormwater projects identified in the SRP or equivalent.
The table below (Table F-44) summarizes the funds that had been allocated to stormwater management in Los Angeles County up to 2012.
Table F-44. Funds Allocated to Stormwater Management in Los Angeles County Up To 2012
Source of Money Dollars
% of total costs funded
by State (only for those
projects which included
State funding)
Only State Board-awarded funding
(Propositions 12, 13, 40, 50, and 84;
and federal money, 319h, 205j,
ARRA)
$49,143,132
47%
Only State money from any State
agency (propositions only, no
federal); includes State Board, DWR,
Coastal Conservancy, Fish & Game
$67,461,699 58%
Prop A $4,981,772 N/A
Prop O $508,678,258 N/A
Measure V $9,107,959 N/A
Total Public Funds (federal, State,
local bonds and measures) expended
on stormwater control projects
$645,389,932
N/A (information not
available for projects
funded by local bonds and
measures)
Source: Los Angeles County MS4 Permit Fact Sheet 2012
Since 2012, Permittees have received $186.1M in state funding for 42 projects that will support Permittees’ compliance with the Order. Specifically, between 2012 and 2015, Los Angeles County and Ventura County Permittees have received $25.5M from Proposition 84 and the Drought Response Outreach Program for Schools (DROPS) for 18 projects. This funding covered over 70% of the total cost of the 18 projects. In 2016, Permittees received $51M of Proposition 1 grant funding during Round 1 for 13 projects. The Proposition 1 grant funding is covering over 50% of the total cost of the 13 projects. In February 2021, $18.6M was awarded to Permittees for five projects from Prop 1 Round 2 funding. Since 2012, Los Angeles County Permittees have also received over $91M in funding from the State through Cooperative Implementation Agreements with the California Department of Transportation for 6 projects.
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Permittees have also been awarded Prop 68 funding and may continue to compete for additional grant funding. According to the California Department of Fish and Wildlife, grants will not be canceled, and unspent funds will not be taken back by the state during the COVID-19 pandemic.427 In March 2020, the California Department of Parks and Recreation awarded about $54 million from Proposition 68’s Statewide Park Program to Los Angeles County jurisdictions to develop new parks, multi-use paths, and improve existing facilities.428 In addition, in 2020 the California Natural Resources Agency awarded $18.5 million for multi-benefit green infrastructure investments in or benefiting disadvantaged or severely disadvantaged communities through Proposition 68’s Green Infrastructure Grant Program.
Potential sources of future grant funding from state and federal programs are shown in Table F-45. In addition to Proposition 68 programs, a number of federal grant programs can be used to build stormwater infrastructure while also promoting economic development, resilience to climate change-induced hazards, green transportation alternatives, and urban greening.429 This highlights the increased funding opportunities that could come with projects that creatively incorporate stormwater BMPs. Some programs explicitly address the longstanding problem of underserved communities having greater need for green infrastructure but having fewer resources by explicitly prioritizing underserved communities, such as Proposition 68’s Statewide Park Program, the USDA Forest Service Urban and Community Forestry Program, and Economic Development Administration’s Public Works and Economic Adjustment Assistance programs
Table F-45. Potential Future State and Federal Grant Sources Grant Program Source Description
Prop 68
Statewide Park
Program
CA Department of
Parks and
Recreation
• $395.3M was available for FY20/21
• For creating new parks and recreation
opportunities in underserved communities
Prop 68
Regional Park
Program
CA Department of
Parks and
Recreation
• $23.1M was available for FY20/21
• Eligible projects: Acquisition for new or
enhanced public access and use; development to
create or renovate; trails, with preference given to
multiuse trails over single-use trails; regional
sports complexes; visitor and interpretive facilities;
other types of recreation and support facilities in
regional parks
427 California Department of Fish and Wildlife. 2020, April 15. Frequently Asked Questions Grant Administration during COVID-19. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=178465&inline 428 Sharp, Steven. 2020, March 2. $54 Million in State Funding Awarded for L.A. County Park Projects.
Urbanize Los Angeles. https://urbanize.la/post/54-million-state-funding-awarded-la-county-park-projects 429 U.S. EPA. 2017. Federal and State Funding Programs – Stormwater & Green Infrastructure Projects. https://www.epa.gov/sites/production/files/2017-05/documents/federal-and-california-sw-fundingprograms_0.pdf Tuesday, November 05, 2024 Reg CC MTG, Page *787
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Grant Program Source Description
Community
Development
Block Grants
(CDBG)
U.S Department of
Housing and
Urban
Development
• Annual grants to cities and counties on a formula
basis
• Eligible to fund stormwater and green
infrastructure because these projects can create
jobs and economic activity
• Detroit, MI and Chicago, IL have used CDBG
funds for stormwater infrastructure
Building
Resilient
Infrastructure
and
Communities
(BRIC)
Federal
Emergency
Management
Agency
• Funding for projects that reduce risks from
disasters and natural hazards; green
infrastructure and restoration projects can be used
to address stormwater pollution and mitigate flood
risk from climate change and sea-level rise
Surface
Transportation
Block Grant -
Transportation
Alternatives SetAside
Federal Highway
Administration
• Annual grants to states on a formula basis
• Provides funding for “transportation alternatives,”
including “offroad trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation” and "environmental mitigation
related to stormwater and habitat connectivity."
Funding could be used to pay for green
infrastructure components of trails and sidewalks
such as permeable pavements
• The Southeast Michigan Council of
Governments used funding in 2015 from the state
of Michigan to fund the Detroit – Inner Circle
Greenway Railroad Acquisition, which included 1)
installation of green infrastructure such as green
streets and bioretention and 2) repurposing of 8.3
miles of abandoned railway near Detroit
USDA Forest
Service Urban &
Community
Forestry
Program
U.S. Forest
Service
• One of the goals is to plant trees in
environmental justice communities, "where
suitable tree installations can provide equitable
access to shade, reduce heat exposure, improve
air quality, and reduce storm water flooding,
solutions should bring together community
members, planners, local and state government
officials, urban foresters and resilience and
sustainability professionals.
Public Works
and Economic
Adjustment
Assistance
programs
U.S. Economic
Development
Administration
• Funding to support development in economically
distressed areas by fostering job creation and
attracting private investment
• Funding has previously been used for
stormwater infrastructure
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Grant Program Source Description
Sewer Overflow
and Stormwater
Reuse Municipal
Grants Program
U.S. EPA
x $225M allotted (funds available in 2022)
x Funding to support planning, design, and
construction of facilities to intercept, transport,
control, treat, or reuse municipal stormwater,
and any other measures to manage, reduce,
treat, or recapture stormwater
Moreover, loan options with below-market interest rates are available for stormwater projects, as shown in Table F-46. The Clean Water State Revolving Fund can finance a wide variety of stormwater projects, with repayment beginning one year after completion of construction and a maximum repayment period of 30 years. In November 2020, U.S. EPA invited California to apply for $500 million in Water Infrastructure Finance and Innovation Act (WIFIA) loans through the new state infrastructure financing authority WIFIA (SWIFIA) program.430 This would provide additional funds to the State Revolving Fund upon approval. The California Infrastructure and Economic Development Bank, or IBank, offers loans for a wide variety of infrastructure projects under its Infrastructure State Revolving Fund, including water projects, parks, streets, and many other types of infrastructure that can incorporate stormwater BMPs. IBank also supports water conservation and infrastructure projects through its Statewide Energy Efficiency Program.
Furthermore, IBank offers subsidies to borrowers in communities with high unemployment and/or low median household income. Municipalities are also eligible for loans under the U.S. Department of Housing and Urban Development’s Section 108 Loan Authority. Amounts are available in amounts up to five times a municipality’s Community Development Block Grant, and funded projects can incorporate stormwater infrastructure.
Table F-46. Potential Future State and Federal Loan Sources Loan Program Source Description
Clean Water
State Revolving
Fund Program
State Water
Resources Control
Board
• Capable of financing projects from <$1 million
to >$100 million
• No upper limit for eligible project
• Repayment begins 1 year after construction
completion
• Maximum financing term: 30 years
Infrastructure
State Revolving
Fund (ISRF)
California
Infrastructure and
Economic
Development Bank
(IBank)
• Financing available in amounts $50,000-
$25,000,000 with loan terms for useful life of
project up to maximum of 30 years
• Subsidies eligible based on unemployment
rate and median household income
• No matching fund requirement
• Funds wide variety of public infrastructure and
economic expansion projects
430 U.S. EPA. 2020, November 18. EPA invites California, Iowa, Rhode Island to Apply for $695 Million in Water Infrastructure Loans. https://www.epa.gov/newsreleases/epa-invites-california-iowa-rhode-islandapply-695-million-water-infrastructure-loans Tuesday, November 05, 2024 Reg CC MTG, Page *789
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Loan Program Source Description
Statewide
Energy
Efficiency
Program
(SWEEP)
California
Infrastructure and
Economic
Development Bank
(IBank)
• Financing available in amounts $500,000-
$30,000,000
• Funds projects to help meet CA's goals for
greenhouse gas reduction, water conservation,
and environmental preservation
Section 108
Loan Authority
U.S Department of
Housing and Urban
Development
• Amounts available to municipalities in
amounts 5 times the municipalities' allocated
Community Development Block Grant
• For three types of development: economic
development, public facilities, and housing
rehabilitation
• Projects can incorporate green infrastructure
in design and construction. Milwaukee, WI
installed green infrastructure in its
redevelopment of Milwaukee Road Railroad
Shops to manage stormwater on site.
In conclusion, the Los Angeles Water Board recognizes that the costs of compliance with the Order are significant and that many Permittees have limited resources to implement actions to address their MS4 discharges.
However, there are also a number of funding options that Permittees can pursue to assist with compliance. Based on a consideration of the cost of compliance, as discussed above, the Board has structured the permit as flexibly as possible to give Permittees the opportunity to sequence actions to address the highest water quality priorities; options to demonstrate compliance; the ability to customize their control measures; sufficient time to comply (in many cases decades from the time the TMDL was established); opportunities to request time extensions based on economic factors among others; and the ability to collaborate and pool their resources to implement programs and projects to achieve compliance and to also collaborate and pool their resources to monitor their compliance.
4. Environmental and Societal Costs of Not Controlling MS4 Discharges Economic considerations of stormwater and urban runoff management programs tend to focus on costs incurred by municipalities in developing and implementing the programs. This is appropriate, since as discussed above, these costs are significant and present a challenge for Permittees. However, as far back as 2000, the Water Boards recognized that it is also important to consider the costs of water quality impairment; that is, the negative impact of pollution on the economy and the positive impact of improved water quality (see, for example, Order WQ 2000- 11). So, while it is important to consider the cost of compliance, it is also important to consider the costs that would be incurred by not fully regulating or controlling MS4 discharges to receiving waters. Southern California’s local economy thrives on a healthy environment, as does the health of its population. Failure to regulate discharges from the Los Angeles Region’s MS4 will result in greater pollution of the rivers, streams, lakes, reservoirs, bays, harbors, estuaries, coastal shorelines Tuesday, November 05, 2024 Reg CC MTG, Page *790
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and wetlands, which makes implementation of the Order vital for the protection of the region’s waterbodies and public health.
By way of example, Southern California’s travel industry and ocean economy plays a vital role in the region’s local economy. In 2016, “47.3 million visitors to L.A.
County spent an all-time high of $21.9 billion in the region.”431 Many of those tourists visit the beaches and on average, over 129 million beach visits occur each year in Southern California.432 A study that looked at beach attendance and bathing rates in Southern California approximated that, depending on the season, 26% to 54% (on average 45%) of the beach attendees have physical contact with the coastal waters.433 Urban runoff in southern California has been found to cause illness in people swimming near storm drains.434, 435 One study of recreational exposures in marine water impacted by MS4 discharges following storm events in San Diego County estimated gastrointestinal illness risks at 1.2 illnesses (based on epidemiological study) and 1.5 illnesses (based on quantitative microbial risk assessment) per 1000 wet weather recreation events (surfing).436 Another study of south Huntington Beach and north Newport Beach found that an illness rate of about 0.8 percent among bathers at those beaches resulted in about $3 million each year in health-related expenses.437 Extrapolation of such numbers to the beaches and other water contact recreation in the region could result in significant expenses to the public and to public health, while improvements in coastal water quality could result in a reduction of gastrointestinal illness locally and a concurrent savings in expenditures on related health care costs.
Likewise, stormwater runoff from MS4 discharges can significantly impact ocean water quality – and this, in turn, affects public health and the economy. The County of Los Angeles Public Health recommends “beach users … avoid contact with ocean water for a period of 3 days after significant rainfall, especially near flowing storm drains, creek and rivers”.438 Rain advisories can have a significant impact on the region’s coastal economy. According to an estimate by Pendleton and Kildow (2006), the non-market value of a beach day is worth between $15-$50, or about $19-63 in 2019 dollars, to the average beach visitor in California.439 These values 431 Easter, Makeda. “California Tourism Industry Grows for the 7th Straight Year, Report Says.” Los Angeles Times, 9 May 2017, https://www.latimes.com/business/la-fi-ca-economic-impact-20170504- story.html
432 Dwight, Ryan H., et al. “Beach Attendance and Bathing Rates for Southern California Beaches.” Ocean & Coastal Management, Elsevier, 27 Apr. 2007,
http://coastalwaterresearch.com/documents/Dwight_2007_Beach_Attendance.pdf 433 Ibid.
434 Haile, R.W., et al. An Epidemiological Study of Possible Adverse Health Effects of Swimming in Santa Monica Bay. Santa Monica Bay Restoration Project. 1996. 435 Soller, J.A., et al. Incidence of gastrointestinal illness following wet weather recreational exposures:
Harmonization of quantitative microbial risk assessment with an epidemiologic investigation of surfers.
Water Research, 2017 Sep 15; 121: p. 280.
436 Ibid.
437 Dwight, Ryan H., et al. “Estimating the economic burden from illnesses associated with recreational coastal water pollution—a case study in Orange County, California.” Journal of Environmental Management. 76.2 (2005): 95-103. 24 August 2011. Web. 20 June 2019. 438 LA County Department of Public Health,
http://publichealth.lacounty.gov/phcommon/public/eh/water_quality/beach_grades.cfm 439 Pendleton, Linwood and Kildow, Judith. “The Non-Market Value of Beach Recreation in California.” Shore & Beach. 74.2 (2006): 34-37. Spring 2006. Web. 27 April 2020.
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represent how much someone is willing to pay just for enjoying a day at the beach, not including travel and parking costs. Considering the popularity of Southern California beaches, the economic impact of each beach posting/closure day could be significant. Atiyah, et al. (2013) found that beaches in Santa Monica Bay and Malibu that installed storm drain diversions had an average increase in beach attendance of 610,324 visits per year compared to beaches without storm drain diversions, holding all other factors constant.440 As an illustrative example of the potential increase in monetized benefits to beach visitors resulting from installing storm drain diversions, multiplying the value of an average California beach day by the change in attendance yields annual benefits ranging between $11.6 and $38.5 million at the average beach in 2019 dollars. Changes in water quality not only affect benefits for beachgoers, but also for local businesses that depend on sales from beachgoers, as well as municipalities that rely on sales tax revenues.
The average visitor to the beach spent about $30 for each day visit in 2001, or about $43 in 2019 dollars, at local businesses (excluding gas and auto expenditures).441 This would mean that for the average beach with storm drain diversions, nearby businesses receive about $26.2 million in additional annual revenue from beach visitors compared to beaches without storm drain diversions, holding all other factors constant. In addition, beach postings negatively affect local home values, potentially as far as several kilometers away.442 Failure to regulate MS4 discharges will therefore result in great costs and foregone benefits to the regional economy.
5. Benefits of Stormwater Capture and Management
As set forth above, California Water Code section 13241 requires a consideration of economics; it does not require a “cost benefit analysis.” While a rigorous quantitative “cost benefit analysis” is not required and may not be possible, the costs of not controlling MS4 discharges – and the benefits that result from controlling MS4 discharges – are both relevant to the ultimate cost of compliance.
This is because the costs of compliance may be offset by the benefits of stormwater and urban dry weather runoff management, which broadly include improvements in water quality, augmentation of local water supplies, increased economic benefits, enhancement of beneficial uses, and increased employment and income.
Accordingly, a discussion of some of the additional benefits from controlling MS4 discharges is included here.
As an initial matter, it should be noted that there are significant economic benefits (some of which are quantifiable, and some which are not) from stormwater management. A 2004 study conducted by USC/UCLA that assessed the costs and benefits of implementing various approaches for achieving compliance with MS4 permits in the Los Angeles Region found that non-structural systems would provide $7.42B in benefit, adjusted to 2019 dollars. If structural systems were determined to be needed, after adjusting to 2019 dollars, the study found that total benefits 440 Atiyah, Perla, Linwood Pendleton, Ryan Vaughn, and Neil Lessem. “Measuring the effects of stormwater mitigation on beach attendance.” Marine Pollution Bulletin. 72.1 (2013): 87-93. 15 July 2013. Web. 27 April 2020.
441 California Division of Boating and Waterways, January 2002. California Beach Restoration Study. Page 3-7.
442 Kung, Megan, Dennis Guignet, and Patrick Walsh. 2021. “Comparing Pollution Where You Live and Play.” Marine Resource Economics, forthcoming.
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could reach $23.9B.443 Monetized benefits in this study accounted for a number of benefits – reduced need for flood control, increases in property values, additional groundwater supplies, public willingness to pay for avoided stormwater pollution, cleaner streets, improved beach tourism, preservation of ecosystem services in the marine coastal zone, and cost savings from reduction of sedimentation in local harbors. However, recreational and public health uses were not quantified in this study, and much has changed in the Los Angeles Region since 2004, including an increase in population. Therefore, the benefits value is likely higher than $23.9B. a. Recreational and Public Health Benefits
As an example of a portion of recreational and public health benefits that can accrue from implementing the MS4 permit, we can examine the Los Angeles River, on which multiple entities have conducted research as part of revitalization efforts. Improving water quality at the river is crucial in transforming the river into an amenity that would attract residents and visitors, and the Upper LA River EWMP has stated that certain revitalization projects are key candidates for future integration with the EWMP process. Currently only portions of the river are being utilized for recreation. If the entire river could have the same amenities as a park in terms of being a location where people could walk, exercise, enjoy the outdoors, view wildlife, and engage in water recreation, the potential benefits would be significant. There are about 728,000 working adults who live or work within one mile of the Los Angeles River.444 The Trust for Public Land found that about 43% of adults in Los Angeles visited parks, trails, and recreation centers between 2015 and 2016, and that the average frequency of these visits was 1.13 times per week, or 59 times per year. Their analysis found that the average value for each visit was $3.04, adjusted to 2019 dollars.445 Assuming that the same proportion of adults living and working near the river would go to a newly revitalized Los Angeles River for recreation, this would yield annual recreational benefits of $55.9M. Furthermore, the public health benefits would be substantial. The difference in average annual medical care costs between active (those who do moderate to vigorous exercise) and inactive adults ages 18-64 is $1,242 in 2019 dollars446, and 24% of LA residents use parks as their primary place for exercise.447 Although this percentage could potentially increase with the addition of more park space and a revitalized LA River, applying this percentage to the number of adults living and working nearby the LA River 443 Devinny, Joseph S., Sheldon Kamieniecki, and Michael Stenstrom. “Appendix H: Alternative Approaches to Stormwater Control.” NPDES Storm Water Cost Survey Final Report. University of Southern California; University of California at Los Angeles, 2004. Web. 20 June 2019. 444 Henson, Jessica, Mark Hanna, Andrew Dobshinsky, Michael Miller, and Rick Jacobus. 2018, December
3. Memorandum. Los Angeles River Master Plan Update: Demographics, Health, and Social Equity. http://www.larivermasterplan.org/demographics_public_health_and_social_equity 445 The Trust for Public Land. 2017, May. The Economic Benefits of the Public Park and Recreation System in the City of Los Angeles, California.
https://trails.lacounty.gov/Files/Documents/125/CA_LA%20Economic%20Benefits%20Report_LowRes. pdf
446 Ibid.
447 Cohen, Deborah, Bing Han, and Kathryn Pitkin Derose. 2014, March. How Much Do Neighborhood Parks Contribute to Local Residents MVPA in the City of Los Angeles? A Meta-Analysis. Presentation.
Active Living Research Annual Conference. https://www.activelivingresearch.org/how-much-doneighborhood-parks-contribute-local-residents-mvpa-city-los-angeles-meta-analysis Tuesday, November 05, 2024 Reg CC MTG, Page *793
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yields annual health benefits of $217M. These benefits values represent only a portion of potential total benefits, as the population value only comprises working adults and not children, seniors, or unemployed adults. Further research that includes seniors would likely result in substantial additional public health benefits, as the average annual medical care cost difference between an active and inactive person 65 and over is about $2,490 in 2019 dollars, double the value for adults under 65.448
Installing green infrastructure would also deliver public health benefits by mitigating urban heat island effects, with greater returns on investment for installations located in inland areas lacking tree canopies and green spaces, which also tend to be lower-income and often non-white.449 In urban areas, buildings and pavement retain heat, making them hotter than surrounding non-urban areas, known as the urban heat island effect. Climate change will continue to exacerbate urban heat island effects, but they can be mitigated by pursuing urban greening practices. Nature-based solutions that incorporate trees and vegetation can decrease local temperatures, particularly if they are distributed throughout an area. Reduced temperatures during hot weather not only makes it more comfortable for people to recreate outside, but it can also save lives during extreme heat waves. De Guzman et al. (2020) found that relative to the average mortality rate, during an average five-day heat wave in Los Angeles County there are 4.1% more deaths on the first day and 11.9% more deaths on the fifth day.450 Using these results, they found that if Los Angeles County had tree coverage at 40%, as opposed to the baseline of 16%, during a September 2010 dry Santa Ana event there would have been a 29% reduction in mortality, equivalent to saving 23 lives. While the study only modeled mortality, it can reasonably be expected that hospitalizations and health conditions brought on by heat stress would be reduced with lower extreme temperatures as well. In addition to trees, other green infrastructure such as bioswales, rain gardens, and green roofs can also reduce temperatures.451 In metropolitan areas nationwide, neighborhoods with lower median household incomes are associated with less urban tree cover.452 In areas where the federal government historically redlined, current average 448 The Trust for Public Land. 2017, May. The Economic Benefits of the Public Park and Recreation System in the City of Los Angeles, California.
https://trails.lacounty.gov/Files/Documents/125/CA_LA%20Economic%20Benefits%20Report_LowRes. pdf
449 United States Census Bureau. 2019. QuickFacts, Los Angeles County, California. https://www.census.gov/quickfacts/fact/map/losangelescountycalifornia/PST045219 450 De Guzman, Edith, Laurence S. Kalkstein, David Sailor, David Eisenman, Scott Sheridan, Kimberly Kirner, Regan Maas, Kurt Shickman, David Fink, Jonathan Parfrey, Yujuan Chen. 2020. Rx for Hot Cities:
Climate Resilience Through Urban Greening and Cooling in Los Angeles. Tree People. https://www.treepeople.org/wp-content/uploads/2020/09/RX-for-hot-cities-report.pdf 451 Georgetown Climate Center. N.D. Green Infrastructure Strategies and Techniques. https://www.georgetownclimate.org/adaptation/toolkits/green-infrastructure-toolkit/green-infrastructurestrategies-and-techniques.html 452 Schwarz, Kirsten, Michail Fragkias, Christopher G. Boone, Weiqi Zhou, Melissa McHale, J. Morgan Grove, Jarlath O’Neil-Dunne, Joseph P. McFadden, Geoffrey L. Buckley, Dan Childers, Laura Ogden, Stephanie Pincetl, Diane Pataki, Ali Whitmer, Mary L. Cadenasso. 2015. Trees Grow On Money: Urban Tree Canopy Cover and Environmental Justice. PLoS ONE 10(4): e0122051. https://doi.org/10.1371/journal.pone.0122051
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incomes tend to be lower and temperatures tend to be hotter because of historic disinvestment in these neighborhoods.453
b. Water Supply Cost Savings and Co-Benefits
Stormwater capture is an effective way for Permittees to achieve the goals of the CWA and the requirements of this permit by preventing the stormwater and associated pollutants from reaching receiving waters. Stormwater capture has also become the focus of intense interest in the wake of California’s most recent 2012-2019 drought. The Water Boards have recognized the importance of treating stormwater as a valuable resource where capture and use can result in water supply cost savings, as well as multiple other benefits within a watershed. Among other efforts, the State Water Board’s Strategy to Optimize Resource Management of Stormwater (STORMS) seeks to promote stormwater capture and use. STORMS’ recent 2018 report Enhancing Urban Runoff Capture and Use points out that among a variety of benefits, “stormwater capture can also reduce reliance on imported water from distant sources, which reduces inter-basin (or inter-region) transfers and polluted runoff. Stormwater supports the fit-for-purpose water supply concept by satisfying less sensitive water demands, such as certain household, landscaping, and commercial needs, with mildly polluted water. Runoff from roads and driveways can be captured and harvested locally using distributed hybrid systems (for example, bioretention with an underdrain that feeds a cistern used for irrigation) configured to provide non-potable water for human use.” 454
The Order supports investment towards infrastructure for groundwater recharge to create a resilient local water supply. The potential for water usage from stormwater is significant, with Diringer et al. (2020) from Pacific Institute estimating that stormwater capture from paved surfaces and rooftops in urbanized Southern California and the Bay Area could add 420,000-630,000 acre-feet in average annual water supply, or about 6-10% of annual water usage in those areas in 2014.455 According to Porse et al. (2018), Los Angeles County “receives 55-60% of its annual water supplies from imported sources, which include northern California through the Sacramento-San Joaquin Delta, the Colorado River Basin, and the higher-altitude Owens Valley.”456 The authors found that even after accounting for full-cycle costs, which include costs for all stages from the capture to end-use of water, stormwater capture can still be cheaper than importing water. Imported water costs around $1,476-$1,790 per acre foot, whereas the cost for existing large stormwater capture is $995 per acre foot. As for proposed new large stormwater capture 453 Hoffman, Jeremy S., Vivek Shandas and Nicholas Pendleton. 2020. The Effects of Historical Housing Policies on Resident Exposure to Intra-Urban Heat: A Study of 108 US Urban Areas. Climate. https://www.mdpi.com/2225-1154/8/1/12/htm 454 State Water Board, April 10, 2018. Strategy to Optimize Resource Management of Stormwater: Projects 1a Promote Stormwater Capture and Use and 1b Identify and Eliminate Barriers to Stormwater Capture and Use. Product 1– California State University, Sacramento, Final Report: Enhancing Urban Runoff Capture and Use (pp. 18-19).
455 Diringer et al. “Economic evaluation of stormwater capture and its multiple benefits in California.” PLoS ONE 15(3): e0230549. 24 March 2020. Web. 15 May 2020.
456 Porse, Erik, et al. “The Economic Value of Local Water Supplies in Los Angeles.” Nature Sustainability, Vol. 1, June 2018.
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projects, including converting flood control infrastructure for multipurpose use, agencies in Los Angeles estimated total costs per acre foot ranging from $1,110-$2,727.457 The Southern California Water Coalition examined costs for 32 stormwater projects implemented across Southern California and found an even wider cost per acre foot range of $59 to more than $250,000 per acre foot, with a median of $1,070. They found that projects that can annually capture larger amounts of stormwater have a lower cost per acre-foot, and costs differ by project type. Median costs for distributed projects were $25,000 per acre foot, new centralized projects were $6,900 per acre foot, and retrofit projects were $600 per acre foot.458 Cost ranges from these studies ($59- $250,000/acre foot) are both lower and higher than the imported water cost range ($1,476-$1,790/acre foot), indicating that while stormwater projects costs can be more expensive, in many cases they may not need to be, particularly when agencies can think of creative stormwater solutions.
The Order gives Permittees the flexibility to develop multi-benefit stormwater management projects that will improve water quality while also providing benefits such as recharging of groundwater basins for local water supply and implementation of Low Impact Development (LID) policies and green streets policies. Regulating MS4 discharges would not only lead to water supply cost savings for residents, but also environmental, public health, and recreational benefits resulting from reduced stormwater pollution. Shimabuku et al. (2018) from Pacific Institute emphasizes that effective urban stormwater capture provides an opportunity for addressing multiple benefits including flood control, water quality impairments, improving water supply reliability, providing habitat, reducing urban temperatures, reducing energy use, creating community recreation spaces, and increasing property values.459 Diringer et al. (2020) conducted an analysis of stormwater capture project costs and benefits as they affect the cost of an acre-foot of water. They found that failing to consider the effects of co-benefits results in inflated net project costs. They gathered data from rounds 1 and 2 of Prop 1E and Prop 84 project proposals. Of a total of fifty projects, or 26 addressed urban runoff and 24 dealt with non-urban runoff. Most of the urban runoff projects the researchers considered were in Southern California. The authors found that after accounting for the projects’ benefits, the net levelized cost for urban stormwater capture projects decreased from $1,030 per acre foot to $150 per acre foot, with some projects even yielding net benefits. Monetized benefits considered in their calculation include flood damage reduction, water quality, energy savings, community recreations, public use, property values, habitat value, CO2 equivalents, and avoided costs. Because many projects reported limited benefits categories, the overall net cost per acre foot would likely be even lower than $150 when other co-benefits are considered.
There are a number of projects under development to recharge the region’s basins. One such project was recently completed, the Piru Groundwater Basin 457 Ibid.
458 Southern California Water Coalition. Stormwater Capture: Enhancing Recharge and Direct Use Through Data Collection. April 2018. http://www.socalwater.org/wp-content/uploads/scwc-2018-stormwaterwhitepaper_75220.pdf 459 “Stormwater Capture in California: Innovative Policies and Funding Opportunities,” Morgan Shimabuku, Sarah Diringer, Heather Cooley; Pacific Institute; June 2018; p. 2.
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recharge project, which will capture stormwater from 123 acres in the Ventura County unincorporated area of Piru. This project will result in approximately 25 AFY recharge to the basin.460 The Tujunga Spreading Grounds Enhancement Project is a collaborative project between the Los Angeles Department of Water and Power and the Los Angeles Flood Control District that will enhance the 150-acre Tujunga spreading grounds. This project will double the facility’s recharge capacity and deliver 4 billion gallons of recharge to the groundwater basin and result in an increase in groundwater recharge to the San Fernando Groundwater Basin, increasing local water supply.461 Furthermore, green street projects provide an opportunity for stormwater management to serve multiple benefits such as flood control, groundwater replenishment, pollutant removal, and create aesthetic green spaces for the local community. In the City of Los Angeles, Avalon Green Alley, a green street project, creates “1.8 acres of improved art and alleys and green alleys in a 35 acre neighborhood”.462 The green street project provides “stormwater retrofits in two alley segments including permeable pavers, dry wells and infiltration trenches that harvest rainwater flowing from a 6.04-acre subtributary to the Los Angeles River” and “is designed capture and infiltrate 1,381,608 gallons of stormwater into underground aquifers annually”.463 Similar green street projects have been implemented in Ventura County such as in the Government Center’s parking lot by means of pervious concrete gutters. Continuing such improvements under the MS4 permit would provide benefits from flood control, improved water quality, and cost savings from reduced imported water.
c. Ecosystem Services Benefits
In addition to the foregoing, Permittees and their residents will accrue various other environmental benefits resulting from the Order. For example, the 2018 STORMS report describes a range of benefits of capture and use, suggesting that “designing stormwater infrastructure to directly support ecosystems broadens the traditional approach to stormwater management. In this broader sense, retained stormwater can be put into soil where soil biota, macrophytes, and stream interflow systems improve water quality and ecosystems supported by baseflow or high groundwater. Ecosystem benefits include habitat improvement, increased food sources, carbon sequestration, pollutant uptake, reduced ozone (Nowak 2006), and reduced heat-island effects from plant growth. Improved baseflow results in decreased water temperatures and prolonged dry weather flows, and increased amounts and types of soil biota will aid in carbon sequestration and pollutant uptake (Klaus 2015). Local stormwater capture can also lead to energy-saving schemes that (1) capture water before it becomes contaminated with the pollutants on streets and in sewers; (2) rely on energy efficient processes for removing contaminants; (3) treat water only to the extent necessary for intended use (fit-for-purpose 460 Ventura County Storm Water Capture for Groundwater Recharge - Construction Project, http://bondaccountability.resources.ca.gov/Project.aspx?ProjectPK=19812&PropositionPK=48 461 Stormwater Engineering Division: Tujunga Spreading Grounds Enhancement Project, https://dpw.lacounty.gov/wrd/Projects/TujungaSG/index.cfm 462 “Avalon Green Alley Network Project.” Parkology,
https://www.parkology.org/ParkViewParkStory?cas=a0w46000000RyejAAC&showHeader=true 463 Ibid.
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water); and (4) obviate the need for diversion and large, centralized, energyintensive treatment and distribution approaches.” 464 d. Other Benefit Considerations
The Pacific Institute and the University of Santa Barbara’s Bren School of Environmental Science and Management elsewhere framed the topic of moving towards multiple benefit approaches for water management. The organizations plan to develop a systematic framework for identifying and incorporating the costs and benefits of water management strategies into decision making. They find a broader consideration of benefits associated with water management decisions will achieve broader project support, avoid unintended consequences, optimize resources, and cost sharing, and increase transparency. 465
Such a framework would support a more robust consideration of potential economic benefits of stormwater management projects not considered in the Board’s economic analysis, such as:
x Reduced frequency, area, and impact of flooding - Stormwater capture BMPs that reduce runoff volumes and consequently flood volumes. The decrease in potential damage due to flooding provides economic benefit. x Reduced cost of public infrastructure - On-site volume control with stormwater BMPs can downsize or eliminate stormwater conveyance infrastructure and provide public cost savings.
x Reduced pollution and water treatment costs and improved water quality - The reduction in runoff volume reduces erosion and pollutant delivery, thereby reducing the downstream costs of water treatment. The resulting improvements in water quality, stream channel stabilization, and aesthetics can also increase the value of riparian properties and increase utility of recreational visitors. The increased infiltration gained from stormwater BMPs can improve and sustain stream base flow conditions in some areas to better maintain downstream habitat. 466
x Increased property values where green infrastructure and LID projects are implemented.
Other studies, too, have described the importance of co-benefits derived from proper stormwater management. For example, analysis for the San Diego Region Bacteria TMDLs found the contribution of co-benefits (non-bacteria water quality benefits) such as property value, riparian habitat and treatment of other water pollutants provide more than half of the total economic benefits.467 In a series of studies listed in a report created by the U.S. EPA in 2013, the benefit-to-cost ratios of four LID/GI projects in Sun Valley were listed. All four projects showed a benefit-to-cost ratio of greater than 1 464 State Water Resources Control Board, Division of Water Quality, “Enhancing Urban Runoff Capture and Use,” STORMS Projects 1a and 1b, April 10, 2017.
465 “Executive Summary: Moving Toward a Multi-Benefit Approach for Water Management,” Pacific Institute; and Bren School of Environmental Science and Management, University of California, Santa Barbara, April 2019, pp. II-III.
466 WERF, 2010. Using Rainwater to Grow Livable Communities. Web. 20 June 2019. 467 Cost Benefit Analysis Steering Committee. Cost-Benefit Analysis San Diego Region Bacteria Total Maximum Daily Loads. October 2017, p. 6. Web. 20 June 2019.
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indicating that, over the 50-year evaluation period, the benefits of these projects are higher than their cost.468
The Los Angeles Water Board assumes many of the benefits described in this section accrue to Permittees and their communities as a result of implementing their stormwater programs. The Board expects further program improvements, resulting from implementation of actions required by the Order, to increase benefits over time.
For example, the Order promotes:
x Employment and stimulus in the local economy, which are especially crucial during this recession caused by COVID-19. Economic Roundtable conducted a study in 2011 that found that job stimulus for every $1 million invested in water efficiency projects was greater than traditional Los Angeles industries such as motion picture production and new home construction. The study found that 12.6 to 16.6 annualized jobs in recycled water, groundwater, stormwater, graywater systems, and water conservation projects were created for every $1 million invested in these types of projects. The study also showed that approximately 74% of money invested in stormwater projects at the time of the study was spent locally, on businesses located within Los Angeles County. Furthermore, every million dollars invested in stormwater projects in Los Angeles stimulated an estimated $1.99 million in total local sales due to multiplier effects of investing in the local economy. For example, cities pay people to work on stormwater projects, who then spend their incomes on housing, goods, and services.469 Building on the findings by Economic Roundtable, Los Angeles Alliance for a New Economy estimated that over 30 years, the Safe, Clean Water Program (Measure W) will create about 6,530 construction jobs and 1,347 O&M jobs, as well as about 1,559 annual indirect and induced jobs. This would yield about $14B in overall regional economic benefits from $9B in investment. Furthermore, many of these jobs created would be good-paying jobs that do not require an advanced degree, accessible to those in disadvantaged communities.470 Sustained increases in these occupations depend on Los Angeles’ continued investment in water use efficiency projects.
x Use of nature-based solutions to mitigate and treat stormwater (e.g. implementation LID and GI regional projects). This technique alleviates the load on the existing stormwater conveyance infrastructure and reduces potential maintenance costs, while reducing localized flooding issues. x Utilization of stormwater as a valuable resource to replenish our groundwater basins or for direct reuse. Imported water makes up approximately 70 to 75% of Southern California region’s water supply, with local groundwater, local surface water, and reclaimed water making up the remaining 25 to 30%. The State of California Department of Finance projects that from 2020 to 2025, the population of Los Angeles County and 468 U.S. EPA, Case Studies Analyzing the Economic Benefits of Low Impact Development and Green Infrastructure Programs, EPA 841-R-13-004, August 2013. 469 Burns, Patrick and Flaming, Daniel. Water Use Efficiency and Jobs. Economic Roundtable. December 2011.
470 Los Angeles Alliance for a New Economy (LAANE). Liquid Assets. How Stormwater Infrastructure Builds Resilience, Health, Jobs, and Equity. March 2018.
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Ventura County will increase by 2% and 2.6%, respectively. This population increase will be accompanied by an increase in water consumption. This increase will require larger volumes of imported water, which will be associated with higher costs. With stormwater used as a resource to replenish local groundwater basins, local reliance on imported water can be reduced, thereby controlling the costs incurred from importing water. A report prepared by the City of Signal Hill and Richard Watson & Associates states that the Metropolitan Water District forecasts water rates (Tier 1 rates for fully treated water) to increase from $794/acrefoot ($/AF) in 2012 to $910/AF in 2015 and $1,115 in 2020.
6. Conclusions
The Los Angeles Water Board has considered economics in issuing the Order and the specific requirements therein.
This consideration includes estimates of the possible range of costs of compliance with the Order, including the WQBELs, considering the likely and proposed means of compliance. It also includes the costs to the environment and society of not controlling MS4 discharges as well as the economic benefits of controlling MS4 discharges, including through stormwater capture. The range of costs of compliance as presented in Part XIII.D.2, Table F-38 and Table F-39 is $21.3B to $31.4B over 20 years. Even considering the highest cost in this range, the Board finds that the requirements in the Order are necessary to ensure the reasonable protection of beneficial uses. This is because these cost estimates are associated with implementation of permit requirements to achieve water quality objectives that were set at the levels necessary to provide reasonable protection of beneficial uses. These water quality objectives were either established by the U.S. EPA or approved by the U.S. EPA pursuant to CWA section 303(c). In most cases, the water quality objectives are those necessary to protect aquatic life and public health-related beneficial uses. The fundamental objective of the federal CWA, as set forth in section 101(a)(2), is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters” and to achieve water quality that provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water. The NPDES Program, including the MS4 NPDES Program, is one of the principal regulatory tools for achieving this objective. The requirements in the Order also consider the magnitude and uncertainty in projected costs and include provisions to help defray these costs (e.g., allowances for time extensions).
Because of the difficulty in accurately projecting the cost of compliance with the Order as presented in the discussion above, and given that permit requirements extend decades into the future, the Los Angeles Water Board has incorporated provisions for adaptive management of programs as new information is gained as well as provisions that allow Permittees to request extensions for milestones based on technical, operational, and economic factors. The Los Angeles Water Board has also acknowledged that it can consider revisions to TMDLs including their schedules and final deadlines, where it determines it is appropriate, and then reflect those changes in the permit. Finally, the Board has acknowledged the currently available dedicated sources of funding for MS4 permit compliance, including the Benefit Assessment Program in Ventura County and the Safe, Clean Water Program in Los Angeles County, among others, and that it will consider how these Tuesday, November 05, 2024 Reg CC MTG, Page *800
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funds are allocated to priority projects to meet upcoming deadlines when considering any requests for extensions.
The Los Angeles Water Board has also provided the Permittees significant flexibility to choose how to implement the Order. The Order allows the Permittees the flexibility to address critical water quality priorities, namely discharges to waters subject to TMDLs, but aims to do so in a focused and cost-effective manner while maintaining the level of water quality protection mandated by the Clean Water Act.
The Permittees can customize their control measures and choose to implement the least expensive measures that are effective in meeting the requirements of the Order. The Order also does not require the Permittee to fully implement all requirements within a single permit term. Where appropriate, the Board has provided Permittee with additional time outside of the permit term to implement control measures to achieve final WQBELs and Receiving Water Limitations.
Cost savings from customizing programs and shifting resources accordingly are also possible. The Permittees’ affirmative steps to secure funding are noteworthy, and some other potential sources of funding are identified in the Board’s economic considerations. However, the discussion of potential sources of funding is far from exhaustive. There are myriad opportunities to leverage funding; for example, Permittees could pursue low-interest loans through the State Revolving Fund that would allow access to greater sums of money needed in the near term for capital costs and pay these off over time with the ongoing revenues from dedicated funding sources. Additionally, there are a number of interrelated Propositions, including Measures W471, H472, A and M473 (“WHAM”), addressing stormwater/water resiliency, affordable housing, parks, and transportation, respectively, that can be creatively combined to implement multi-benefit stormwater projects. Finally, partnerships beyond the Permittees themselves should be more fully explored.
Some Permittees have effectively tapped into funding or other in-kind resources from the California Department of Transportation, as mentioned above; private entities such as commercial businesses; and schools. However, this opportunity is far from fully utilized.
Stormwater capture is an effective way for Permittees to achieve the goals of the CWA and the requirements of this permit by preventing the stormwater and associated pollutants from reaching receiving waters. As noted above, the specific benefits of stormwater capture have also become the focus of intense interest in the wake of California’s most recent 2012-2019 drought. The Water Boards have recognized the importance of treating stormwater as a valuable resource where capture and use can result in multiple benefits within a watershed. This consideration identifies benefits to the environment, people and the economy and clearly demonstrates the value of effective management of stormwater quality. 471 Measure W led to the passage of the Safe Clean Water Program, described earlier in this section of the Fact Sheet.
472 Measure H History. https://homeless.lacounty.gov/history/. N.D. Web. July 16, 2020. Measure H was expected to generate about $355M (in 2017 dollars) annually for 10 years to provide homeless services, including increasing affordable/homeless housing.
473 Measure M: The Los Angeles County Traffic Improvement Plan Information Guide. August 2016. https://theplan.metro.net/wp-content/uploads/2016/10/factsheet_measurem.pdf. Web. July 13, 2020.
Measure M was expected to generate an estimated $860M annually (in 2017 dollars). It was also anticipated to add 465,690 new jobs across the region. One of the goals of Measure M is to reduce pollution.
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Having considered economics along with the other factors in section 13241, the Los Angeles Water Board has also provided the Permittees with time to implement control measures to achieve interim and final WQBELs and Receiving Water Limitations. This time has been provided in various ways, including through compliance schedules that are consistent with the schedules of implementation established in TMDLs pursuant to California Water Code section 13242, compliance schedules proposed by Permittees and approved by the Los Angeles Water Board through Watershed Management Programs and Enhanced Watershed Management Programs for pollutants not addressed by TMDLs, and time schedule orders, where justified, for WQBELs and Receiving Water Limitations with final compliance deadlines that have passed. The Los Angeles Water Board is committed to continue to evaluate the costs of compliance as permit requirements are implemented and, as noted above, has included provisions that allow Permittees to request extension of deadlines, where warranted.
E. The Need for Developing Housing Within the Region
According to the U.S. Census, between April 1, 2010 to July 1, 2018, Los Angeles County and Ventura County experienced an estimated population increase of 2.9% and
3.3%, respectively.474 An increase in population creates a demand for more housing.
Based on data from the California Department of Finance, both Los Angeles and Ventura counties have been experiencing an increase in population and housing units since 2010.475 An increase in population creates a higher demand for water, exacerbates usage of natural resources, and increases generation of waste and pollution. In order to conserve and protect the quantity and quality of our natural resources, development must be done systematically. To protect human health and the environment, create economic opportunities, and provide attractive and affordable neighborhoods, U.S. EPA encourages smart growth and low impact development.476 Stormwater management is an essential smart growth strategy. According to U.S. EPA, using smart growth and low impact development strategies, communities and developers can reduce runoff quantity, protect water quality, and conserve water by developing compactly, preserving ecologically critical open space, and using green infrastructure strategies.477
Improved stormwater management may also help reduce the region’s historic reliance on imported water to meet population needs. For over 100 years, this region has relied on imported water to meet many of our water resource needs. Imported water makes up approximately 70 to 75% of the Southern California region’s water supply, with local ground water, local surface water, and reclaimed water making up the remaining 25 to 474 United States Census Bureau. QuickFacts.
https://www.census.gov/quickfacts/fact/table/venturacountycalifornia,losangelescountycalifornia/PST04 5218
475 State of California Department of Finance. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2011-2019 with 2010 Census Benchmark. May 1, 2019. http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ 476 According to U.S. EPA, “‘[s]mart growth’ covers a range of development and conservation strategies that help protect our health and natural environment and make our communities more attractive, economically stronger, and more socially diverse.” Principles of smart growth include, but are not limited to, use of compact building design, creating a range of housing opportunities and choices, and preserving open space and critical environmental areas. United States Environmental Protection Agency. About Smart Growth. https://www.epa.gov/smartgrowth/about-smart-growth. Accessed on June 23, 2020. 477 United States Environmental Protection Agency. Smart Growth and Water. https://www.epa.gov/smartgrowth/smart-growth-and-water
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30%.478 The Los Angeles Region imports approximately 50% of its water supply.
Untreated MS4 discharges collect and transport pollution to our waterbodies and detrimentally affect their beneficial uses. However, when properly managed, MS4 discharges can be used as a resource.
The Order also helps address the water needs associated with the need for housing by controlling the quality and quantity of MS4 discharges and using it as a water resource for recycling and re-use. The low impact development (LID) requirements of the Order emphasize the necessity to balance growth with the protection of water quality. LID emphasizes cost effective, lot-level strategies that replicate the natural hydrology of the site and reduce the negative impacts of development. By avoiding the installation of more costly conventional stormwater management strategies and harnessing runoff at the source, LID practices enhance the environment while providing cost savings to both developers and local governments.
The Order also supports an integrated water resources approach that manages water resources by integrating wastewater, non-stormwater, stormwater, recycled water, and potable water planning through the capture and beneficial use of MS4 discharges on a regional scale. An integrated approach can preserve and augment local groundwater resources thereby reducing imported water needs and increasing local water resiliency.
Local water resiliency increases the region’s capacity to support increases in population and the accompanying need for housing.
F. The Need to Develop and Use Recycled Water
During the terms of the 2012 Los Angeles County, 2014 City of Long Beach, and 2010 Ventura County MS4 permits, California experienced a severe drought which lasted 376 weeks, starting from the year 2011 to 2019. The U.S. Drought Monitor characterizes the drought based on specific criteria where D4 is defined as exceptional drought, in which widespread crop and pasture losses and shortages of water create water emergencies.
Per the U.S. Drought Monitor, “[t]he most intense period of drought occurred the week of July 29, 2014 where D4 affected 58.1% of California land.” 479 Along with the drought, Los Angeles and Ventura counties experienced wildfires, floods, extreme heat and more, which strained the region’s resources and highlighted infrastructure inefficiencies.
In contrast to the drought, the 2019 water year had above average rainfalls and in some cases even breaking daily rainfall records.480 Due to climate change, the region will only continue to experience more extreme weather events.
Furthermore, as mentioned in Part XIII.E above, which considers the need for developing housing within the region, according to the U.S. Census, between April 1, 2010 to July 1, 2018, the populations in Los Angeles County and Ventura County rose by 2.9% and 3.3%, respectively. This increase in population leads to an increase demand for water supply to meet the needs of the residents. Most of the water supplied to Los Angeles County is imported from the State Water Project, Colorado River, and 478 Southern California Association of Governments. The State of the Region 2007 Measuring Regional Progress (Housing, Environment). December 6, 2007. http://www.scag.ca.gov/publications/index.htm. 479 “Drought in California.” California | Drought.gov, 20 Sept. 2019, www.drought.gov/drought/states/california. 480 Fry, Hannah, and Gary Robbins. “Parts of Southern California Haven't Seen This Much Rain in Decades.
And More Is on the Way.” Los Angeles Times, Los Angeles Times, 15 Feb. 2019, https://www.latimes.com/local/lanow/la-me-rain-explainer-california-storms%2020190215-story.html.
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the Los Angeles Aqueduct.481 Ventura County relies on local groundwater as well as imported water.482 The interconnected effects of water quality and the health of our communities is also becoming increasingly apparent. Water shortages and the pumping of groundwater at a rate that depletes groundwater supply further demonstrates the need to develop a robust strategy that incorporates recycled water to build resiliency to the region’s most pressing issues, while being protective of public health and the environment.
Initiatives for water resiliency have passed at the state and local levels. At the state level, in April 2015, Governor Brown issued Executive Order B-29-15, which outlined actions needed to respond to the severe drought, including mandated reductions in urban potable water usage by 25% statewide. In April 2019, Governor Newsom issued Executive Order N-10-19, ordering key agencies, including the California Environmental Protection Agency, to prepare a water resilience portfolio that meets the needs of California’s communities, economy, and environment through the 21st century.483 The draft portfolio includes a number of recommendations related to making stormwater capture a growing share of local water supply.484 At the local level, the City of Los Angeles developed L.A.’s Green New Deal, which includes plans to recycle 100% of its wastewater by 2035 as well as source 70% of all water locally by 2035 and capture 150,000 acre-feet per year (AFY) of stormwater.485 In Ventura County, the Integrated Regional Water Management Plan was developed in 2014, in which the Watersheds Coalition of Ventura County is responsible for the implementation and planning at a regional level. Through this planning effort, Ventura County has leveraged its resources through collaborations with local agencies and organizations, and grant funding in order to implement multi-benefit projects.486 Along with government recognizing the water challenges the region is facing, residents also recognize the need to develop recycled water infrastructure and the importance of water resiliency with the passing of Measure W in Los Angeles County, which provides a dedicated funding source for multi-benefit stormwater capture projects through a parcel tax on impermeable areas.487 Historically, stormwater has not been considered a viable component of the regional water portfolio. However, if stormwater is captured and treated, a new resource could be added to local water supply and numerous benefits could be achieved. These include:
x Regional reduction in reliance on imported water;
x Aid in the restoration of area aquifers both from a supply and water quality point of view;
x Reduction in the need for extensive public works projects; and 481 The Future of Integrated Regional Water Management in Los Angeles County. http://www.resources.ca.gov/docs/LA_County.pdf.
482 Watersheds Coalition of Ventura County Integrated Regional Water Management Plan. http://wcvc.ventura.org/IRWMP/2019IRWMP.htm. 483 Executive Department State of California Executive Order N-10-19. https://www.gov.ca.gov/wp-content/uploads/2019/04/4.29.19-EO-N-10-19-Attested.pdf. 484 California Natural Resources Agency, California Environmental Protection Agency, and California Department of Food & Agriculture. 2020 Water Resilience Portfolio. Draft. January 3, 2020. 485 L.A.’s Green New Deal Sustainable Plan 2019.
http://plan.lamayor.org/sites/default/files/pLAn_2019_final.pdf. 486 Watersheds Coalition of Ventura County Integrated Regional Water Management Plan. http://wcvc.ventura.org/IRWMP/2019IRWMP.htm.
487 Safe Clean Water Program. https://safecleanwaterla.org/.
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x Improvement in the quality of impaired water bodies.
Municipalities across the region are now acknowledging the importance of recognizing stormwater as a resource and thus conducting watershed-based planning to implement multi-benefit solutions for stormwater management. Consistent with the Clean Water Act, which supports the implementation of stormwater management at a watershed scale, the 2012 Los Angeles County MS4 Permit and the 2014 City of Long Beach MS4 Permit contained provisions to allow for the abovementioned benefits to be achieved through the implementation of approved Watershed Management Programs. The Order further expands such provisions to Permittees in Ventura County. Watershed Management Programs allow Permittees the flexibility to implement requirements of the Order on a watershed scale through customized strategies, control measures, and BMPs to achieve multi-benefit solutions. Participation in a Watershed Management Program is voluntary and allows the Permittee to address the highest water quality priorities in consideration of particular socio-economic, land use, and geographic characteristics.
In addition, participation in Watershed Management Programs allows Permittees to consider the potential amount of dry weather urban runoff and precipitation and thus the amount of non-stormwater and stormwater available to capture. The exact volume of stormwater available for capture is dependent on the intensity and duration of storm events. Looking at land uses across the region and applying land use-specific runoff coefficients, the Los Angeles and San Gabriel Rivers Watershed Council estimates that, on average, about 601,000 acre-feet/year of runoff are discharged from the Los Angeles Region to the Pacific Ocean.488 The average annual rainfall in Ventura County is about 18 inches and has a total area of 1,843 square miles.489 It is not possible to capture all MS4 discharges; however, a significant portion could be captured and put to beneficial use. Capturing stormwater from a larger portion of the watershed could increase the volume of this “new” water even further.
Larger projects (and the corresponding savings) are also possible. The County of Los Angeles recharges stormwater already. While the scale of these recharge activities is limited compared to the volume of water potentially available to recharge, the value of the process is significant. For example, in 2000 “County conservation efforts captured 220,000 acre-feet of local stormwater runoff that was valued at $80 million dollars.”490 The unknown effects of infiltrating stormwater to recharge groundwater have created some concern that such activities could introduce pollutants to the water supply.
However, these concerns are likely overstated. The U.S. Bureau of Reclamation has found:491
488 Los Angeles and San Gabriel Rivers Watershed Council (2010) Water Augmentation Study: Research, Strategy, and Implementation Report, January 30,
2010.https://www.usbr.gov/lc/socal/reports/LASGwtraugmentation/report.pdf. Accessed on June 23, 2020.
489 Report of Waste Discharge, Ventura Countywide Stormwater Quality Management Program, January 2015.
490 Los Angeles County Department of Regional Planning. 2008. 2008 Draft General Plan-Planning Tomorrow’s Great Places.
491 Los Angeles and San Gabriel River Watershed Council. 2010. Water Augmentation Study: Research, Strategy, and Implementation Report.
https://www.usbr.gov/lc/socal/reports/LASGwtraugmentation/report.pdf. Accessed on June 23, 2020.
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Based on the findings of the WAS research, decentralized stormwater management would provide a local and reliable supply of water that would not negatively impact groundwater quality. A decentralized approach could contribute up to 384,000 acre-feet of additional groundwater recharge annually if the first ¾” of each storm is infiltrated on all parcels, enough to provide water annually to approximately 1.5 million people. The value of this new water supply would be approximately $311 million, using the MWD Tier 2 rate for 2010.
Recent studies in the urbanized area of Los Angeles County have also shown that in the process of infiltration through the soil, many contaminants are removed with no immediate impacts, and no apparent trends to indicate that stormwater infiltration will negatively impact groundwater.492 Moreover, in groundwater basins with elevated concentrations of salts, utilizing recycled stormwater, which has low concentrations of salts, to recharge the aquifers may actually improve water quality. The value of this is difficult to quantify but is an additional benefit.
The Order addresses the need for recycled water by emphasizing stormwater capture for beneficial use as a means to control the discharge of pollutants from the MS4 to surface waters. The Order also supports the diversion of non-stormwater to wastewater reclamation facilities where it can be treated for beneficial reuse. State law and policy advocates greatly expanding the use of recycled water to help meet local demand and reduce the volumes of water that are imported from other regions. Increased utilization of recycled water will require looking beyond the traditional reclaimed wastewater and will require utilizing stormwater and non-stormwater that is wasted by conveyance in the MS4 to the ocean. Stormwater capture and use has not featured as prominently as municipal wastewater in the discussion of water recycling but is increasingly acknowledged as a valuable asset for augmenting local water supply. The use of recycled water can be accomplished in direct (such as irrigation projects) or indirect (such as infiltration) ways. Both direct and indirect methods can be completed on a variety of different scales. To maximize the benefits available from using recycled water, the direct and indirect projects will need to be completed on household, neighborhood, watershed, and regional scales. There is a growing number of projects in the region that can serve as examples of what may be accomplished through the development and implementation of recycled water projects.
Some successful examples of onsite stormwater capture are being demonstrated by TreePeople.493 TreePeople’s demonstration projects range from small scale rainwater harvesting at single family home locations, to large scale watershed projects. At Tuxedo Green in Sun Valley, TreePeople redesigned the intersection with a flood control system that conveys most stormwater under, instead of into, the busy intersection. The water is stored in a 45,000-gallon cistern to be used for irrigating the landscaping at the new pocket park, which is planted with native and drought-tolerant species.
Another state of the art project was implemented by the City of Santa Monica called the Santa Monica Urban Runoff Recycling Facility (SMURRF).494 The project harnesses the urban runoff (primarily during the dry season) and treats it for various pollutants to create a source of high quality water for reuse in landscape irrigation, thus reducing the need 492 Los Angeles and San Gabriel River Watershed Council. 2005. Los Angeles Basin Water Augmentation Study Phase II Final Report.
493 http://www.treepeople.org/. 494http://c0133251.cdn.cloudfiles.rackspacecloud.com/Case%20Study%20%20Santa%20Monica%20Urb an%20Runoff%20Recycling%20Facility%20SMURFF.pdf.
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for potable water. Because the facility captures the dry weather runoff before it reaches the Santa Monica Bay, it decreases a significant amount of pollutants from negatively impacting the Bay and associated beaches. The SMURRF is also open to the public and has several exhibits to raise public awareness of Santa Monica Bay pollution and the role of each individual in the watershed’s health.
The County of Los Angeles Department of Public Works, Watershed Management Division has targeted the Sun Valley Watershed “…to solve the local flooding problem while retaining all stormwater runoff from the watershed, increasing water conservation, recreational opportunities, wildlife habitat, and reducing stormwater pollution.”495 This aggressive plan involves several stakeholders and has implemented a variety of on-site BMPs as well as stormwater infiltration retrofits and diversions.
In Ventura County, the Ventura Countywide Stormwater Quality Management Program has implemented various stormwater quality improvement projects and BMPs. In the City of Moorpark, College View Dog Park diverts all stormwater to infiltration basins and can retain 100% of the water during average rainfall periods. Walnut Acres Park has both on-site and off-site infiltration capability. The City of Ventura implemented downtown parking lot retrofits including curb cuts, bioswales, and permeable pavers and have applied similar features for green street projects.496 A notable green street project was implemented at the Ventura County Government Center. This project implemented an innovative infiltration system through the installation of 4,805 linear feet of pervious concrete gutters to capture stormwater from the Government Center’s parking lot. The captured stormwater is filtered through an infiltration trench that flows into dry wells for groundwater recharge. Furthermore, in the Ventura River Watershed, Happy Valley Bioswale was designed to mimic natural processes to remove pollutants in stormwater runoff. This filtration system includes a baffle box at the entrance which removes trash, sediments, and small particles and is followed by a natural soil and plant filtration system to further treat the stormwater and allows for a thriving habitat.497 With the issuance of the Order, stormwater capture projects such as the abovementioned will allow for further expansion on a watershed scale and create consistency within the region.
In addition, there are a number of Total Maximum Daily Loads (TMDLs) established by the Los Angeles Water Board that incorporate recycled water programs as potential implementation actions to meet TMDL requirements. These potential actions focus on both traditional water recycling and the newer stormwater recycling approaches. Such recycled water programs reduce reliance on potable water supplies by expanding water recycling and aiding in the reclamation of poor quality, unconfined groundwater supplies. The capture, treatment and use of stormwater could augment these techniques as well. On-site capture of stormwater helps prevent the water from being contaminated by urban by-products to begin with and the use of this high-quality resource could reduce the unnecessary use of potable water for non-potable needs. 495 http://www.sunvalleywatershed.org/watershed_management_plan/wmp-0ES.pdf. 496 Ventura Countywide Stormwater Quality Management Program, Presented on September 13, 2018 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/watershed_ management/workshops/docs/VCWPD_20180913_RB_PermitRenewal_FINAL-1.pdf. 497 Happy Valley Bioswale, uninc.vcstormwater.org/projects/happy-valley-bioswale.
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XIV. STATE MANDATES
Article XIII B, section 6(a) of the California Constitution provides that whenever “any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service.” No provision of the Order constitutes an unfunded state mandate subject to subvention under Article XIII B, section (6)(a) of the California Constitution.
A. Renewal of the Permits Is Not a New Program Or Higher Level of Service As a threshold matter, MS4 permitting is not a “program” as that term is used in Article XIII B, section (6). The California Supreme Court has defined a “program” for purposes of Article XIII B, section 6, as: (1) programs that carry out the governmental function of providing services to the public, or (2) laws which, to implement a state policy, impose unique requirements on local governments and do not apply generally to all residents and entities in the state. (San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859, 874 (reaffirming the test set forth in County of Los Angeles v. State of California (1987) 43 Cal.3d 46, 56); Lucia Mar Unified School District v. Honig (1988) 44 Cal.3d 830, 835.)
An NPDES permit for MS4 discharges arises from the Clean Water Act, which forbids everyone – individuals, businesses, state governments, tribal governments, local governments, etc. – from discharging pollutants from point sources to waters of the United States without an NPDES permit. (33 U.S.C. §§ 1311(a), 402, 502(5); see also 40 C.F.R. §§ 122.21, 122.22, 123.25.) The Clean Water Act requires permitting of private and governmental (federal, state, and local) sources of stormwater and nonstormwater alike. (33 U.S.C. § 1342(p); 40 C.F.R. § 122.26.) The Permittees here must have a permit because they discharge pollutants, not because they operate an MS4.
See, County of Los Angeles v. State of California (1987) 43 Cal.3d 46, 58 ([“Although local agencies must provide benefits to their employees either through insurance or direct payment, they are indistinguishable in this respect from private employers. In no sense can employers, public or private, be considered to be administrators of a program . . . .”].) All polluters, whether private or public, must get a permit. (See, e.g., City of Richmond v. Com. on State Mandates, (1998) 64 Cal.App.4th 1190, 1199 (new law made “the workers’ compensation death benefit requirements as applicable to local governments as they are to private employers,” and therefore did not impose a new program or higher level of service.)
To be sure, the permit conditions provide a public benefit, but that is not the same thing as providing services to the public. There is a critical distinction between a law or executive order that requires local governments to provide a public service, and one that address the conduct and happens to cover local governments – and other entities such as private industry – because they engage in the conduct. This principle is best illustrated by County of Los Angeles v. Department of Industrial Relations (1989) 214 Cal.App.3d 1538. There, the Department of Industrial Relations enacted statewide safety regulations that governed all public and private elevators. (Id., at pp. 1540–1541.) The county argued that the regulations created a mandatory, reimbursable “program” because “all passenger elevators in all county buildings are necessary for the performance of peculiarly governmental functions . . . .” (Id., at pp. 1545–1546, italics omitted.) Rejecting that argument, the court explained that “the critical question is whether the mandated program carries out the governmental function of providing services to the public, not whether the elevators can be used to obtain these services.” Tuesday, November 05, 2024 Reg CC MTG, Page *808
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(Id., at p. 1546, italics omitted.) In other words, a state law providing that local governments have to comply with the same safety rules as everyone else does not constitute a state mandated “program.” The same is true here. The Permit does not require Permittees to operate an MS4. Rather, it implements a body of state law that provides that, if a local government operates an MS4, it must take steps to mitigate pollutant discharges, like all other polluters. The fact that the specific permit here is issued to local governments does not render the permit a program that carries out a “governmental function” particular to local government or a permit that imposes unique requirements on the local governments.
Even if an MS4 permit could be considered a “program,” the requirements of the Order do not constitute a new program or a higher level of service as compared to the requirements contained in the previous permits issued by the Los Angeles Water Board to the Permittees. The overarching requirement to impose controls to reduce the pollutants in discharges from MS4s is dictated by the Clean Water Act (33 U.S.C. § 1342(p)(3)(B)) and is not new to this permit cycle. The inclusion of new and advanced measures as the MS4 programs evolve and mature over time is specifically anticipated under the Clean Water Act (55 Fed. Reg. 47990, 48052 (Nov. 16, 1990); 61 Fed. Reg. 43761 (Aug. 26, 1996); USEPA “Interim Permitting Approach for Water Quality Based Effluent Limitations in Storm Water Permits,” EPA 833-D-96-001 (September 1996)) because the experience gained in implementation of existing permits and ongoing technological developments help direct appropriate adaptation of the programs to better address pollution. Such new and advanced measures refine existing measures to improve the effectiveness of the ongoing program and do not constitute a new program or higher level of service. And while the new or advanced measures may result in additional costs to the Permittees, resulting new costs is not the test for a higher level of service. “If the Legislature had intended to continue to equate ‘increased level of service’ with ‘additional costs,’ then the provision would be circular: ‘costs mandated by the state’ are defined as ‘increased costs’ due to ‘an increased level of service,’ which, in turn would be defined as ‘additional costs.’” (County of Los Angeles v. Com. on State Mandates (2003) 110 Cal.App.4th 1176, 1191, quoting Workers’ Compensation Mandates Decision, supra, 43 Cal.3d. at p. 55.)
B. The Permit Requirements Fall Under Several Exceptions to Mandates Rules Even if some of the requirements imposed on the Permittees with this renewal could be considered a new program or higher level of service, the following exceptions to a finding of unfunded mandates preclude subvention here:
1. The permit provisions are required by the federal Clean Water Act and implementing regulations:
One of the exceptions to the subvention requirements is that, if the mandate imposes a requirement that is mandated by a federal law or regulation and results in costs mandated by the federal government, no subvention is required unless the statute or executive order mandates costs that exceed the mandate in that federal law or regulation. (Gov. Code, § 17556(c).) The Order implements federally mandated requirements under the federal Clean Water Act and implementing regulations and its requirements are therefore not subject to subvention of funds.
This includes federal requirements to: (i) effectively prohibit non-stormwater discharges through the MS4 to receiving waters; (ii) reduce the discharge of pollutants in stormwater to the maximum extent practicable; (iii) include such other provisions as the permitting authority (here, the Los Angeles Water Board) Tuesday, November 05, 2024 Reg CC MTG, Page *809
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determines appropriate for the control of such pollutants; (iv) attain applicable TMDL wasteload allocations; and (v) conduct monitoring and reporting.
Non-stormwater discharge prohibition: Federal law requires that an MS4 permit effectively prohibit non-stormwater discharges through the MS4 to receiving waters. (33 U.S.C. § 1342(p)(3)(B)(ii).) The Order’s requirements to achieve the effective prohibition of non-stormwater discharges are thus compelled by federal law.
TMDL requirements: The Clean Water Act requires TMDLs to be established for waterbodies that do not meet federal water quality standards. (33 U.S.C. § 1313(d).) The Clean Water Act also requires that MS4 permits include “such other provisions as the Administrator or the State determines appropriate for the control of [] pollutants.” (33 U.S.C. § 1342(p)(3)(B)(iii).) U.S. EPA interprets this provision to mandate “controls to reduce the discharge of pollutants to the maximum extent practicable, and where necessary water quality-based controls.”498 Once U.S. EPA or a state establishes a TMDL, federal law requires that NPDES permits must contain water quality-based effluent limitations (WQBELs) consistent with the assumptions and requirements of any applicable wasteload allocation. (40 C.F.R. § 122.44(d)(1)(vii)(B).) Indeed, TMDLs are developed for the purpose of specifying requirements for the achievement of water quality standards in impaired waters (33 U.S.C. § 1313(d); 40 C.F.R. § 130.7) The Order’s requirements for attainment of TMDL wasteload allocations are therefore compelled by federal law.
Several generations of the MS4 permits issued in California have prohibited discharges that cause or contribute to exceedances of water quality standards in the receiving water. TMDL provisions, including WQBELs, simply add a process for meeting this requirement, generally based on a compliance schedule.
Monitoring and reporting requirements: Federal law requires that NPDES permits incorporate monitoring and reporting provisions. (33 U.S.C. §§ 1318(a); 1342(a)(2); 40 C.F.R. §§ 122.26(d)(2)(i)(F); 122.41(h), (j)-(l); 122.42(c); 122.44(i); 122.48.) The Order’s monitoring and reporting requirements are thus imposed pursuant to federal law.
Maximum Extent Practicable (MEP) standard: The Clean Water Act mandates that the Order “require controls to reduce the discharge of pollutants to the maximum extent practicable.” (33 U.S.C. § 1342(p)(3)(B)(iii).) Department of Finance v.
Commission on State Mandates (2016) 1 Cal.5th 749, as modified on denial of rehearing (Nov. 16, 2016) (Department of Finance) analyzed whether the Clean Water Act’s MEP standard required four particular provisions concerning trash receptacles and inspections in the 2001 Los Angeles County MS4 permit. In concluding that the provisions were not required by federal law, the Supreme Court stated that, “[h]ad the Regional Board found when imposing the disputed permit conditions, that those conditions were the only means by which the maximum extent practicable standard could be implemented, deference to the board’s expertise in reaching that finding would be appropriate.” (Department of Finance, supra, 1 Cal.5th at p. 768.) The Supreme Court further stated that “[s]uch findings 498 Phase I Stormwater Regulations, Final Rule, 55 Fed. Reg. 47990, 47994 (Nov. 16, 1990) (emphasis added); see also Building Industry Ass’n of San Diego County v. State Water Resources Control Bd. (2004) 124 Cal.App.4th 866, 882-887; Phase II Stormwater Regulations, Final Rule, 64 Fed. Reg. 68722, 68737.
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are “case specific, based among other things on factual circumstances.” (Id., fn.
15.)
To be entitled to deference, regional water boards must make an express finding that the particular set of permit conditions finally embodied in a given permit is required to meet that federal standard and must support that finding with evidence.
The Los Angeles Water Board expressly finds that the Order specifies requirements necessary for the Permittees to reduce the discharge of pollutants in MS4 discharges to the MEP. Parts IV and VIII establish program requirements for Stormwater Management Program Minimum Control Measures, including programs for public information and participation, industrial and commercial facilities, construction activities, planning and land development, public agency activities, and illicit discharge detection and elimination, among others pursuant to 40 CFR section 122.26(d)(2)(iv). The requirements of these programs represent structural and non-structural water quality control measures that are effective, technically feasible, and generally accepted as appropriate.
Part IX establishes elective program requirements related to Watershed Management Programs (WMP), which provide an alternative compliance path through the preparation of a WMP that allows the Permittees to prioritize water quality issues and propose the specific control measures to address the prioritized issues and achieve the receiving water limitations and numeric WQBELs in accordance with a time schedule. This allowance also provides Permittees with ample flexibility to select, in a customized fashion, the water quality control measures that will reduce pollutants in stormwater to the maximum extent practicable.
The Los Angeles Water Board finds that the programmatic requirements of the Order are necessary to meet the MEP standard. The mix of program elements reflects the necessary pollutant reduction expected by the demanding federal MEP standard, but also represents a balancing of competing interests such as effectiveness, regulatory compliance, public acceptance, cost, and technical feasibility. To the extent there may be multiple means of achieving pollutant reductions and that there could be trade-offs between program areas with potentially higher costs and greater pollutant reductions, the permit programs are structured to provide the optimum reduction of pollutants necessary to reduce pollutants to the maximum extent practicable. This finding is the expert conclusion of the principal state agency charged with implementing the NPDES program in California and therefore entitled to deference under Department of Finance.
Finally, the Supreme Court in Department of Finance suggested that the inclusion of equivalent or substantially similar provisions by the U.S. EPA in other permits may support a finding that the provisions are necessary to achieve MEP. (Dept. of Finance, supra, 1 Cal.5th at p. 772.) The Los Angeles Water Board has examined the following U.S. EPA issued permits, among others, and concluded that they contain equivalent and/or substantially similar provisions: Massachusetts MS4 General Permit, Washington D.C. MS4 Permit, Albuquerque MS4 Watershed Permit, Boise/Garden City MS4 Permit, and Guam MS4 Permit. Previous sections of the Fact Sheet identify the specific provisions that are similar in these U.S. EPA issued permits.
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2. Permittees have authority to fund the costs through service charges, fees, or assessments:
Even if any of the permit provisions could be considered unfunded state mandates, under Government Code section 17556, subdivision (d), a state mandate is not subject to reimbursement if the local agency has the authority to fund the costs through service charges, fees, or assessments. (Connell v. Superior Court (1997) 59 Cal.App.4th 382, 398.) Here, Permittees have the authority to levy service charges, fees, or assessments sufficient to pay for compliance with the Order.
Permittees certainly have fee authority under their police powers. (See, Cal. Const., art. XI, § 7; Freeman v. Contra Costa County Water Dist. (1971) 18 Cal.App.3d 404, 408 (“It cannot be denied that prevention of water pollution is a legitimate governmental objective, in furtherance of which the police power may be exercised.”); Department of Finance v. Commission on State Mandates (2021) 59 Cal.App.5th 546, 561-62 (holding in part that local governments have the authority sufficient to pay for inspection requirements for commercial and industrial facilities and construction sites to ensure compliance with various environmental regulations in an MS4 permit under their police powers for the prevention of water pollution).
This Fact Sheet demonstrates that numerous activities contribute to the pollutant loading from the MS4. Local agencies can levy service charges, fees, or assessments on these activities, independent of real property ownership. (See, e.g., Apartment Ass’n of Los Angeles County, Inc. v. City of Los Angeles (2001) 24 Cal.4th 830, 842 (upholding inspection fees associated with renting property).) The authority of a local agency to defray the cost of a program without raising taxes indicates that a program does not entail a cost subject to subvention. (Clovis Unified School Dist. v. Chiang (2010) 188 Cal.App.4th 794, 812 [“To the extent a local agency or school district ‘has the authority’ to charge for the mandated program or increased level of service, that charge cannot be recovered as a statemandated cost.”], quoting Connell v. Superior Court (1997) 59 Cal.App.4th 382, 401; County of Fresno v. State of California (1991) 53 Cal.3d 482, 487-488.) Permittees have argued in the past that their fee or taxation authority is constrained by article XIII D, section 6, of the California Constitution, also known as Proposition 218. (Cal. Const., art. XIII D, § 6, subd. (c); see also Howard Jarvis Taxpayers Association v. City of Salinas (2002) 98 Cal.App.4th 1351, 1358-1359.) However, Proposition 218 is not an impediment to Permittees’ fee authority.499 The Constitution has an exception to the voter approval requirements of Proposition 218, “for fees or charges for sewer, water, and refuse collection services.” (Cal.
Const. Article XIII D, section 6, subd. (c).) In recent years, the Legislature enacted two important pieces of legislation confirming fee authority without the need for voter approval. In Assembly Bill 2043 (2014), effective January 1, 2015, the Legislature amended the definition of “water” for purposes of articles XIII C and XIII D to mean “water from any source.” (Gov. Code, § 53750, subd. (n), amended by Assembly Bill 2043 (Stats. 2014, ch. 78, § 2.) In doing so, the Legislature stated that its act “is declaratory of existing law.” (Stats. 2014, ch. 78, § 1(c).) With Senate Bill 231 (2017), effective January 1, 2018, the Legislature “reaffirm[ed] and reiterate[d]” that the definition of “sewer” for purposes of article XIII D includes:
499 Such authority is also undiminished by Proposition 26, which specifically excludes assessments and property-related fees imposed in accordance with Proposition 218 from the definition of taxes. (Cal.
Const., art. XIII C, § 1, subd. (e)(7).).
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systems, all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate sewage collection, treatment, or disposition for sanitary or drainage purposes, including lateral and connecting sewers, interceptors, trunk and outfall lines, sanitary sewage treatment or disposal plants or works, drains, conduits, outlets for surface or storm waters, and any and all other works, property, or structures necessary or convenient for the collection or disposal of sewage, industrial waste, or surface or storm waters.
(Gov. Code, § 53750, subd. (f), and § 53751, subd. (i), added by Senate Bill 231, Stats. 2017, ch. 536, § 2 (emphases added).) These legislative actions confirm that the Permittees have authority to raise fees or charges, without voter approval, for costs related to their MS4s.
In addition, Health and Safety Code section 5471, subdivision (a), gives dischargers fee authority for “services and facilities furnished…in connection with its water, sanitation, storm drainage, or sewerage system.” (Health & Safety Code, § 5471, subd. (a) (emphasis added).) Similarly, Public Resources Code section 40059, subdivision (a)(1), also confers fee authority on counties, cities, districts, or other local governmental agencies for “[a]spects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services.” The ability of the Permittees to levy fees, assessments, or service charges to pay for compliance with the requirements of the Order cannot be disputed. In addition to the general authority above, some of the Permittees have specific authority to levy funds to pay for permit compliance. By way of example, the Ventura County Board of Supervisors approved the concept of a countywide NPDES permit program and the use of the Flood Management District (presently the Watershed Protection District) benefit assessment authority to finance it in April 1992. On June 30, 1992, the Ventura County Board of Supervisors adopted a benefit assessment fee for stormwater and flood management in the unincorporated areas of Ventura County and the cities within the County, to be used in part to finance the implementation of a countywide NPDES municipal stormwater permit program.
The Ventura County MS4 Permittees entered into agreement with the Watershed Protection District to finance the activities related to the Ventura County MS4 Permit for shared and district-wide expenses. The Permittees are also given the option to use the Benefit Assessment Program to finance their respective activities related to reducing the discharge of pollutants from their MS4s under the MS4 Permit. Therefore, the Ventura County Watershed Protection District (VCWPD), through the Benefit Assessment Program, has the authority to impose a fee or charge for implementation of this permit. Furthermore, in 2005, the Legislature authorized the VCWPD to increase property related fees to fund storm drainage service and facilities within its jurisdiction.500 The VCWPD has statutory authorization to levy an ad valorem tax upon all taxable property, an assessment upon all taxable real property in the district, or a fee imposed pursuant to Article XIII D of the California Constitution, to pay the costs and expenses of the district.501 500 Ventura County Watershed Protection Act, California Water Code Appendix, Chapter 46, § 46-12. 501 Ibid.
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The LACFCD also has specific statutory authority to levy a tax, fee, or charge to comply with the requirements of the Order, including implementation of approved WMPs. The LACFCD is authorized:
To levy a tax, in compliance with the applicable provisions of Article XIII C of the California Constitution, or impose a fee or charge, in compliance with the applicable provisions of Article XIII D of the California Constitution, to pay the costs and expenses of carrying out projects and programs to increase stormwater capture and reduce stormwater and urban runoff pollution in the district in accordance with criteria established by the ordinance adopted pursuant to subsection 8c. Projects and programs funded by the revenues from the tax, fee, or charge may include projects providing multiple benefits that increase water supply, improve water quality, and, where appropriate, provide community enhancements such as the greening of schools, parks, and wetlands, and increased public access to rivers, lakes, and streams.502
Revenues derived from any tax, fee, or charge imposed would be subject to specific allocations. Forty percent of any revenues derived from any LACFCD tax, fee, or charge is to be allocated to cities within the boundaries of the district and to the County of Los Angeles for implementation, operation and maintenance, and administration of project and programs within their respective jurisdictions. Fifty percent shall also be allocated to pay for the implementation, operation and maintenance, and administration of watershed-based projects and programs, including WMPs.503
Finally, even if voter approval may be required prior to levying fees, that does not mean that a local agency lacks the authority to levy fees. In Paradise Irrigation Dist. v. Commission on State Mandates (2019) 33 Cal.App.5th 174, 182, the Court considered whether the majority protest procedure added by Proposition 218 deprived local agencies of authority to impose fees for water service. Article XIII D, section 6(a) requires a local agency to identify parcels subject to a new fee, calculate the fee amount, and provide notice to affected property owners. (Cal.
Const., art. XIII D, § 6, subd. (a)(1).) If a majority of the property owners submit written protests against the fee, the fee may not be imposed. (Id., subd. (a)(2).) The Court held that the “majority protest procedures are properly construed as a powersharing arrangement between the districts and their customers, rather than a deprivation of fee authority.” (33 Cal.App.5th at p. 182.) It explained that, when considering how voter powers affect the ability of local governments to impose fees, courts “presume local voters will give appropriate consideration and deference to state mandated requirements . . . .” (Id. at p. 194, citing BighornDesert View Water Agency v. Verjil (2006) 39 Cal.4th 205, 220.) “Although this power-sharing arrangement has the potential for conflict, we must presume that both sides will act reasonably and in good faith.” (Id., at p. 192.) Further, the fact that, “as a matter of practical reality, the majority protest procedure allows water customers to defeat the District’s authority to levy fees” was not dispositive; “the inquiry into fee authority constitutes an issue of law rather than a question of fact.” (Id. at p. 195, citing Connell, supra, 59 Cal.App.4th at p. 401.) “Fee authority is a matter governed by statute rather than by factual considerations of practicality;” it 502 Cal. Wat. Code, § App. § 28-2, subd. 8a.
503 Id., subd. 8b.
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is not controlled by whether municipalities have tried and failed to levy fees. (Id.) If there is statutory authority to levy fees, then there is no right to subvention. (Id.) XV. PUBLIC PARTICIPATION
The Los Angeles Water Board has considered the issuance of WDRs that will serve as an NPDES permit for MS4 discharges within the Los Angeles Region. The Los Angeles Water Board staff has encouraged public participation in the permit development process. Over a period of three years from May 2018 to May 2021, the Los Angeles Water Board has held multiple listening sessions, workshops, and Board meeting agenda items focusing on issues pertinent to Permittees in both counties. Additionally, Board staff have met with Permittees and interested stakeholders upon request. The following information is provided pursuant to 40 CFR § 124.8(b)(6) and (7).
A. Permittee and Stakeholder Participation in Permit Issuance Process
1. Notification: Intent to Issue a Region-Wide Phase I MS4 Permit On September 5, 2017, the Los Angeles Water Board sent a letter to all Permittees in the Los Angeles Region to announce the Board’s intent to issue a region-wide Phase I MS4 Permit.
2. Working Proposal
On December 10, 2019, the Los Angeles Water Board released a staff Working Proposal to Permittees in the Los Angeles Region and key stakeholders for discussion purposes. This staff working proposal did not constitute either a “draft permit” or a “proposed permit” as defined in Title 40 Code of Federal Regulations (40 CFR) sections 122.2 or 124.6. The Working Proposal allowed Permittees and stakeholders to provide oral and written input that would facilitate future discussion at board meetings/workshops and aid Board staff in developing the tentative draft permit.
3. Board Meetings and Workshops
The Los Angeles Water Board on many occasions starting in May 2018 had an item on its Meeting agenda to solicit comments and feedback from the Board, Permittees, and stakeholders on the issuance of the Regional MS4 Permit. Board staff has also presented on specific topics during public workshops, some of which were held at a regularly scheduled Board Meeting or special Board meeting (Board Workshop). Most of the meeting and workshop dates are summarized as follows:
a. Board Workshop: May 10, 2018
Board staff presented their monitoring data analysis for the Los Angeles River, San Gabriel River, and Los Cerritos Channel/Alamitos Bay Watersheds and discussed solutions to improve data reporting in the Regional MS4 Permit. b. Board Meeting: June 14, 2018
The Los Angeles Water Board had an agenda item to facilitate continued discussion of the Regional MS4 Permit (“MS4 standing item”). The purpose of the “MS4 standing item” was to provide a forum for Board members to discuss, and for Permittees and stakeholders to provide comments on, any aspect of the Regional MS4 Permit. This noticed item provided Permittees and other stakeholders with the opportunity to communicate directly with the Board regarding their interests and concerns about the current permits or pending issuance of the Regional MS4 Permit. The MS4 standing item also provided Tuesday, November 05, 2024 Reg CC MTG, Page *815
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an opportunity for the Board to provide input to staff on permit implementation or development. No action or voting took place during these items. c. Board Workshop: July 12, 2018
Board staff presented their monitoring data analysis for the Upper Santa Clara River, Santa Monica Bay, and Dominguez Channel and Harbors Watersheds and the permit issuance timelines. Additionally, Board staff introduced the specific concepts to include in the Regional MS4 Permit such as new/revised TMDLs, Statewide Trash Amendments, and providing Ventura County Permittees the option to participate in a WMP.
d. Board Workshop: September 13, 2018
Board staff presented their monitoring data analysis for all the watersheds within Ventura County, Permittee-reported costs of implementing the 2010 Ventura County MS4 Permit, and the permit issuance timelines. The Board discussed the regional permit approach as it related to Ventura County Permittees.
e. Board Meeting: October 11, 2018
The Los Angeles Water Board had a standing MS4 item.
f. Board Meeting: November 8, 2018
The Los Angeles Water Board had a standing MS4 item.
g. Board Meeting: March 14, 2019
The Los Angeles Water Board had a standing MS4 item.
h. Board Workshop: April 11, 2019
Board staff addressed economic considerations with regard to issuance of a Regional MS4 Permit based on specific Permittee-reported costs of compliance with the previous permits and summarized some state funding sources. Permittees and stakeholders also provided information on the cost of compliance and funding related topics, such as cost reporting guidance, stormwater utility program management, and available funds from the Los Angeles County Safe Clean Water Program and Ventura County Watershed Protection District Benefit Assessment Program.
i. Board Meeting: June 13, 2019
The Los Angeles Water Board had a standing MS4 item.
j. Board Meeting: July 11, 2019
The Los Angeles Water Board had a standing MS4 item.
k. Board Meeting: September 12, 2019
The Los Angeles Water Board had a standing MS4 item.
l. Board Meeting: October 10, 2019
The Los Angeles Water Board had a standing MS4 item.
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m. Board Meeting: November 14, 2019
Board staff presented a summary of stakeholder engagement, including the employment of a professional facilitator to better understand the interests, needs and perspectives of stakeholders and to explore areas of mutual agreement that could be reflected in the Regional MS4 Permit. n. Board Meeting: December 12, 2019
The Los Angeles Water Board had a standing MS4 item.
o. Public Workshop: January 7, 2020
Los Angeles Water Board hosted a facilitated stakeholder workshop to discuss the Working Proposal and issues such as what constitutes permit success, addressing cost/timeline challenges, and measuring progress under the new permit.
p. Board Meeting: February 13, 2020
The Los Angeles Water Board had a standing MS4 item and presented on the types of comments received on the Working Proposal. Comments discussed included changes proposed to the Minimum Control Measures, monitoring and reporting requirements, watershed management programs, and TMDLs. q. Board Meeting: May 14, 2020
The Los Angeles Water Board had a standing MS4 item and presented on the options to consider an extension for the near-term TMDL final compliance deadlines.
r. Board Meeting: July 2, 2020
The Los Angeles Water Board had a special board meeting to discuss the schedule for adopting the Regional MS4 Permit with consideration of key issues such as the economic impacts of the COVID-19 pandemic, TMDL final compliance deadlines, and inclusion of narrative/BMP-based effluent limitations versus numeric effluent limitations in the permit. s. Board Meeting: July 9, 2020
The Los Angeles Water Board had a standing MS4 item.
t. Board Meeting: September 10, 2020
The Los Angeles Water Board had an MS4 standing item. Board staff presented information on: changes that were made in the tentative draft in response to comments received on the Working Proposal; the manner of TMDL incorporation; the status of the TMDL final deadlines extension project; economic considerations; and the proposed State Water Board Order on the WMPs and EWMP petitions.
u. Board Meeting: October 8, 2020
The Los Angeles Water Board had an MS4 standing item. Permittees and other stakeholders presented and provided oral comments on the Tentative Regional MS4 Permit.
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v. Public Workshop: October 15, 2020
The Los Angeles Water Board held a public workshop to discuss the manner of TMDL incorporation in the Regional MS4 Permit. All Board Members attended. Board staff presented the basis for the proposed manner of TMDL incorporation in the Regional MS4 Permit. Permittees and other stakeholders presented and provided comments on the proposed manner of TMDL incorporation and alternatives.
w. Public Workshop: November 19, 2020
The Los Angeles Water Board held a public workshop to discuss monitoring and reporting requirements in the Regional MS4 Permit. Several Board Members attended. Board staff presented on monitoring and reporting requirements and then held a question-and-answer session. x. Board Workshop: December 10, 2020
The Los Angeles Water Board held a Board workshop to follow-up on the October 15 and November 19, 2020 workshops. Board staff discussed the proposed manner of TMDL incorporation in comparison with that of other MS4 permits issued state-wide and by U.S. EPA. Permittees and other stakeholders also provided comments on the proposed manner of TMDL incorporation and alternatives.
y. Board Meeting: March 11, 2021
The Los Angeles Water Board had an MS4 standing item. Permittees and other stakeholders presented and provided comments on the Tentative Regional MS4 Permit.
z. Board Meeting: May 13, 2021
The Los Angeles Water Board had an MS4 standing item. Permittees and other stakeholders presented and provided comments on the Tentative Regional MS4 Permit.
aa. Public Workshop: June 22, 2021
The Los Angeles Water Board held a public workshop to discuss Permittee and stakeholder comments on the Revised Tentative Regional MS4 Permit for Permittees in Los Angeles and Ventura Counties. The first part of the workshop was dedicated to Ventura County Permittees’ and stakeholders’ comments on particular issues of concern and the Regional Board staff’s responses thereto. The second part of the workshop was dedicated to Los Angeles County Permittees’ and stakeholders’ comments and the Regional Board staff’s responses thereto.
4. Meetings with Permittees and Interested Persons
The Los Angeles Water Board staff met with various Permittees and stakeholders upon request. Most of these meetings are summarized below. a. Meeting: January 25, 2016
The Los Angeles Water Board had a teleconference with the San Gabriel Valley Council of Governments to discuss submission of the ROWD, general questions about the permit issuance process, and general questions about what changes or continuation of permit provisions to expect.
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b. Meeting: May 2, 2016
The Los Angeles Water Board held a kick-off meeting with Ventura County Permittees to discuss the preliminary schedule for permit development; identify potential alternative permit structures; and outline some of the major technical and policy aspects of permit development. Twenty-three individuals attended the meeting out of which eight represented the Los Angeles Water Board and the other fifteen represented Ventura County Permittees. After a presentation by Permittees on accomplishments, lessons learned, and permit renewal goals, Permittees had an opportunity to ask questions of staff, raise concerns, and explain their expectations for the new permit. c. Meeting: May 16, 2016
The Los Angeles Water Board held a meeting with Ventura County Permittees on TMDLs and the Watershed Management Program. Twenty-three individuals attended the meeting out of which ten represented the Los Angeles Water Board, one represented the State Water Board, and the other twelve represented Ventura County Permittees. Permittees proposed a list of TMDLs to incorporate into the permit. Meeting attendees also discussed the structure of the Watershed Management Program and provisions such as the pollutant prioritization process and the use of existing TMDL implementation plans. d. Meeting: June 8, 2016
The Los Angeles Water Board held a meeting with Ventura County Permittees on time schedule orders (TSOs) and the TSO issuance process in consideration of permit issuance timelines. Eleven individuals attended the meeting out of which three represented the Los Angeles Water Board and the other eight represented Ventura County Permittees.
e. Meeting: July 15, 2016
Ventura County Permittees held a meeting with the Los Angeles Water Board to discuss the monitoring and reporting program and follow-up on items from the previous meeting. Twenty-one individuals attended out of which five represented the Los Angeles Water Board and the other sixteen represented Ventura County Permittees. Meeting attendees discussed pre-meeting materials that were provided by the Permittees giving their recommendations on provisions of the Watershed Management Program and TMDLs.
Additionally, meeting attendees discussed the following items in the monitoring and reporting program: receiving water monitoring sites, constituents to be monitored, and stormwater monitoring program constituents table and requested Permittees’ feedback.
f. Meeting: August 1, 2016
The Los Angeles Water Board had a teleconference with Ventura County Permittees to discuss minimum control measures (MCMs). Seventeen individuals participated in the teleconference where five represented the Los Angeles Water Board, one represented the State Water Board, and the other eleven represented Ventura County Permittees. Meeting attendees discussed pre-meeting materials where Permittees proposed changes to the MCMs in their previous permit.
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g. Meeting: October 20, 2016
The Los Angeles Water Board had a teleconference with Ventura County Permittees to provide a status update on the permit issuance process. h. Meeting: August 29, 2017
The Los Angeles Water Board held a meeting with City of Los Angeles to introduce the concept of issuing a Regional MS4 Permit. Thirteen individuals attended out of which eight represented the Los Angeles Water Board and five represented City of Los Angeles.
i. Meeting: August 31, 2017
The Los Angeles Water Board held a meeting with Ventura County Permittees to introduce the concept of issuing a Regional MS4 Permit. Six individuals attended out of which four represented the Los Angeles Water Board and two represented Ventura County Permittees.
j. Meeting: September 5, 2017
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to introduce the concept of issuing a Regional MS4 Permit. Five individuals attended out of which four represented the Los Angeles Water Board and one represented Los Angeles County and LACFCD. k. Meeting: September 21, 2017
Ventura County Permittees held a meeting with the Los Angeles Water Board to present to Ventura County Public Works Directors information about the permit renewal process, the Regional MS4 Permit concept, costs, funding, and the Statewide Trash Amendments. Twenty-eight individuals attended out of which three represented the Los Angeles Water Board and twenty-five represented Ventura County Permittees.
l. Meeting: December 19, 2017
The Los Angeles Water Board had a teleconference with the City of Long Beach to introduce the concept of issuing a Regional MS4 Permit. Eight individuals attended out of which four represented the Los Angeles Water Board and four represented the City of Long Beach.
m. Meeting: April 10, 2018
The City of Long Beach held a meeting with the Los Angeles Water Board to discuss the issuance of a Regional MS4 Permit and the City of Long Beach’s ROWD. Eleven individuals attended out of which four represented the Los Angeles Water Board and seven represented the City of Long Beach. n. Meeting: August 7, 2018
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD. Los Angeles County and LACFCD proposed TSO-related fact sheet language for the Regional MS4 Permit. Six individuals attended out of which three represented the Los Angeles Water Board and three represented Los Angeles County and LACFCD.
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o. Meeting: August 10, 2018
The Los Angeles Water Board held a meeting with Ventura County Permittees to discuss the addition of receiving water and outfall stations in the Malibu Creek subwatershed and the non-stormwater screening and outfall monitoring program proposals for the Regional MS4 Permit. Six individuals attended out of which three represented the Los Angeles Water Board and three represented Ventura County Permittees.
p. Meeting: August 15, 2018
The Los Water Board staff held a meeting with Los Angeles County and LACFCD. Los Angeles County and LACFCD proposed regional project downstream solutions and also proposed adding language for the Regional MS4 Permit fact sheet discussing the Biotic Ligand Model (BLM). Seven individuals attended out of which three represented the Los Angeles Water Board and four represented Los Angeles County and LACFCD. q. Meeting: September 10, 2018
The Los Angeles Water Board held public Listening Session with San Gabriel Valley Council of Governments Water Policy Committee (SGVCOG). The Los Angeles Water Board listened to and discussed cost concerns for current WMP/EWMP implementation and timeline for the Regional MS4 Permit issuance. Eighteen individuals were present out of which two were Los Angeles Water Board Members, four were Board staff, and four represented the SGVCOG. Additionally, eight public observers attended representing various Permittees, non-governmental organizations (NGOs), and other stakeholders.
r. Meeting: September 19, 2018
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss future workshops of the Regional MS4 Permit and the state-wide bacteria provisions. Four individuals attended out of which two represented the Los Angeles Water Board and two represented Los Angeles County and LACFCD.
s. Meeting: October 26, 2018
The Los Angeles Water Board held a meeting with NGOs to discuss the Regional MS4 Permit, specifically on incorporation of robust development/redevelopment standards such as capturing the 90th or 95th percentile rainfall, potential incorporation of BLM, and provide a public platform for Permittee monitoring data. Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented Heal the Bay, Los Angeles Waterkeeper (LA Waterkeeper), and Natural Resources Defense Council (NRDC).
t. Meeting: December 19, 2018
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss the Regional MS4 Permit issuance process and the Safe, Clean Water Program. Four individuals attended out of which two represented the Los Angeles Water Board and two represented Los Angeles County and LACFCD.
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u. Meeting: January 18, 2019
The Los Angeles Water Board held a meeting with the NGOs to discuss Los Angeles County monitoring data. Seven individuals attended out of which four represented the Los Angeles Water Board and the other three represented Heal the Bay, LA Waterkeeper, and NRDC.
v. The Las Virgenes – Malibu Council of Governments Governing Board Meeting: February 19, 2019
The Las Virgenes – Malibu Council of Governments Governing Board held a public Listening Session with the Los Angeles Water Board. The Los Angeles Water Board listened to and answered queries about the Regional MS4 Permit issuance timelines, concerns about funds from the Safe, Clean Water Program in relation to EWMP compliance schedules, and future special studies on natural sources. More than 22 individuals attended out of which two were Board Members, four were Board staff, and sixteen represented the Las Virgenes – Malibu Council of Governments Governing Board and the Malibu Creek EWMP group members. Public observers included NGOs and other stakeholders.
w. Meeting: February 20, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss the Safe, Clean Water Program. Eight individuals attended out of which four represented the Los Angeles Water Board and four represented Los Angeles County and LACFCD.
x. Meeting: February 26, 2019
The Los Angeles Water Board held a meeting with several Los Angeles County Permittees. Fifteen individuals attended out of which three represented the Los Angeles Water Board, and twelve represented Larry Walker Associates (LWA), Richard Watson & Associates (RWA), City of Los Angeles, and Los Angeles County. LWA proposed compliance mechanisms and Regional MS4 Permit language for addressing bacteria. y. Meeting: March 8, 2019
The Los Angeles Water Board held a meeting with the NGOs to discuss the Regional MS4 Permit to discuss these organizations’ request for a shorter permit. Eleven individuals attended out of which three represented Los Angeles Water Board, two represented State Water Board, and the other six were from Heal the Bay, LA Waterkeeper, and NRDC.
z. Meeting: March 20, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD. Los Angeles County and LACFCD proposed Regional MS4 Permit language for the Safe, Clean Water Program, discussed the upcoming April 2019 Board workshop, and proposed reconsidering TMDLs rather than requesting TSOs to extend TMDL compliance schedules. Seven individuals attended out of which two represented the Los Angeles Water Board and five represented Los Angeles County and LACFCD.
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aa. Meeting: June 19, 2019
The Los Angeles Water Board held a meeting with the NGOs to discuss the Regional MS4 Permit timelines, removal of the WMP/EWMP distinction in the Regional MS4 Permit, and annual report proposals for reporting on compliance with regional projects in the WMP/EWMP. Nine individuals were in attendance out of which four represented the Los Angeles Water Board and the other five represented Heal the Bay, LA Waterkeeper, and NRDC. bb. Meeting: June 25, 2019
Ventura County Permittees held a public Listening Session with the Los Angeles Water Board. The Los Angeles Water Board listened to and discussed WMP development and implementation concerns, cost concerns, compliance with wet weather bacteria TMDLs, and permit issuance timelines.
Thirty individuals attended out of which three were Los Angeles Water Board Members, four were Board staff, twenty-one represented Ventura County Permittees, and two were public observers representing CASQ Engineering and the Las Virgenes Municipal Water District.
cc. Meeting: July 8, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss cost analysis of some EWMPs with consideration of funds from the Safe, Clean Water Program. Los Angeles County and LACFCD also proposed specific TMDLs for the Board to reconsider. Eight individuals attended out of which four represented the Los Angeles Water Board and four represented Los Angeles County and LACFCD.
dd. Meeting: July 17, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to present information about planning versus actual costs on specific regional projects and continue the discussion on TMDL reconsiderations and cost analysis of some EWMPs with consideration of funds from the Safe, Clean Water Program. Four individuals attended out of which two represented the Los Angeles Water Board and two represented Los Angeles County and LACFCD.
ee. Meeting: August 22, 2019
The Los Angeles Water Board held a meeting with City of Los Angeles to discuss the Regional MS4 Permit issuance timeline, Safe, Clean Water Program, and TMDL final compliance deadlines. Five individuals attended out of which three represented the Los Angeles Water Board and two represented City of Los Angeles.
ff. Meeting: August 26, 2019
The Los Angeles Water Board held a meeting with Ventura County Permittees to discuss the Los Angeles County Permit markup provided to us in 2016 proposing permit language, permit issuance process, and follow-up on the previous meeting with the Ventura County public works directors. Fourteen individuals attended out of which four represented the Los Angeles Water Board and ten represented Ventura County Permittees.
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gg. Meeting: August 28, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss priority TMDLs for Board’s reconsideration, upcoming presentations at Board meetings on regional projects, and permit issuance schedule. Nine individuals attended out of which four represented the Los Angeles Water Board and five represented Los Angeles County and LACFCD. hh. Meeting: September 9, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss economic considerations, including the cost of compliance, for the Regional MS4 Permit, LACFCD’s dashboard for regional projects, and suggestions for the regional permit requirements. Three individuals attended out of which one represented the Los Angeles Water Board and two represented Los Angeles County and LACFCD. ii. Meeting: September 10, 2019
The Los Angeles Water Board held a meeting with the NGOs to discuss Permittees’ progress implementing their EWMPs and propose annual report language for reporting on compliance with multi-year efforts in EWMPs. Five individuals were in attendance out of which two represented the Los Angeles Water Board and the other three represented Heal the Bay, LA Waterkeeper, and NRDC.
jj. Meeting: September 18, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss the alignment of Marina del Rey TMDLs with Measure W funding, the regional permit reissuance process, and the upcoming NGO EWMP Report. Six individuals attended out of which two represented the Los Angeles Water Board and four represented Los Angeles County and LACFCD.
kk. Meeting: September 18, 2019
The Los Angeles Water Board had a teleconference with Ventura County, VCWPD, and the City of Agoura Hills to discuss the compliance with Malibu Creek TMDL requirements and the Medea/Palo Comado Stormwater Treatment System in the City of Agoura Hills. Seven individuals were in attendance out of which two represented the Los Angeles Water Board, two represented the City of Agoura Hills, two represented VCWPD, and one represented Ventura County.
ll. Meeting: October 1, 2019
The Los Angeles Water Board held a meeting with Ventura County Permittees to discuss the Reasonable Assurance Analysis (RAA), source identification component of a WMP, timelines to develop a WMP, upcoming Malibu Creek Bacteria TMDL TSO request, usage of existing TMDL implementation plans for WMP proposals, and regional permit issuance schedule. Fourteen individuals attended out of which three represented the Los Angeles Water Board and eleven represented Ventura County Permittees.
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mm. Meeting: October 16, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss possible extension of TMDL compliance deadlines, regional permit reissuance process, and Los Angeles County’s dashboard of completed regional stormwater projects and green infrastructure projects. Ten individuals were in attendance out of which five represented the Los Angeles Water Board and five represented Los Angeles County and LACFCD. nn. Meeting: November 20, 2019
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss the regional permit reissuance process and possible extension of TMDL compliance dates. Ten individuals were in attendance out of which five represented the Los Angeles Water Board and five represented Los Angeles County and LACFCD.
oo. Meeting: December 16, 2019
The Los Angeles Water Board held a meeting with City of Los Angeles to discuss the Ballona Creek TSO extension request and the Working Proposal of the Regional MS4 Permit. Eleven individuals were in attendance out of which five represented the Los Angeles Water Board and six represented City of Los Angeles.
pp. Meeting: December 17, 2019
The Los Angeles Water Board held a facilitated meeting with the NGOs to discuss the Regional MS4 Permit. Ten individuals were in attendance out of which four represented the Los Angeles Water Board, two represented Heal the Bay, one represented NRDC, and three represented LA Waterkeeper. qq. Meeting: December 17, 2019
The Los Angeles Water Board held a facilitated meeting with NRDC, City of Los Angeles, San Gabriel Valley Council of Governments (SGVCOG), Los Angeles County/LACFCD, and Ventura County to discuss the Regional MS4 Permit. Fourteen individuals were in attendance out of which four represented the Los Angeles Water Board, one represented NRDC, three represented City of Los Angeles, two represented City of Monrovia/SGVCOG, two represented Los Angeles County/LACFCD, and two represented Ventura County. rr. Meeting: January 21, 2020
The Los Angeles Water Board held a meeting with Los Angeles County and LACFCD to discuss permit reissuance schedules, TMDL reconsiderations for time extensions, and updates on Measure W. Nine individuals attended out of which five represented the Los Angeles Water Board and four represented Los Angeles County and LACFCD.
ss. Meeting: January 22, 2020
The Los Angeles Water Board held a meeting with NGOs to discuss the Regional MS4 Permit Staff Working Proposal and solicit feedback. Eight individuals attended out of which four represented the Los Angeles Water Board, and the other four represented Heal the Bay, LA Waterkeeper, and NRDC.
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tt. Meeting: January 23, 2020
The Los Angeles Water Board held a meeting with City of Los Angeles to discuss the Regional MS4 Permit Staff Working Proposal and solicit feedback.
The City of Los Angeles specifically discussed suggestions for the Watershed Management NOI submittal schedule and content, monitoring and reporting requirements, Planning and Land Development MCM, trash reporting requirements, Industrial/Commercial Facilities Program MCM, Illicit Discharge Detection and Elimination Program MCM, and filming BMPs under the nonstormwater discharge prohibitions. Fourteen individuals attended out of which seven represented the Los Angeles Water Board and the other seven represented the City of Los Angeles.
uu. Meeting: January 27, 2020
The Los Angeles Water Board held a meeting with The Nature Conservancy to discuss the Regional MS4 Permit Staff Working Proposal and solicit feedback. The Nature Conservancy discussed suggestions on how to incorporate and encourage nature-based solutions into the Regional MS4 Permit. Six individuals attended out of which three represented the Los Angeles Water Board and the other three were from The Nature Conservancy. vv. Meeting: January 28, 2020
The Los Angeles Water Board held a meeting with Ventura County Permittees to discuss the Regional MS4 Permit Staff Working Proposal and solicit feedback. Ventura County Permittees specifically discussed suggestions to edit timelines for WMP submittals, Statewide Trash Amendment provisions, TMDLs, MCMs, and monitoring. Twenty individuals attended out of which eight represented the Los Angeles Water Board and the other twelve represented Ventura County Permittees.
ww. Meeting: February 19, 2020
The Los Angeles Water Board held a meeting with Los Angeles County and the LACFCD to discuss permit reissuance timelines, TMDL extension requests, and Measure W fund distribution status. Eight individuals attended out of which five represented the Los Angeles Water Board and the other three represented Los Angeles County and LACFCD.
xx. Meeting: February 21, 2020
The Los Angeles Water Board held a meeting with NGOs to discuss permit reissuance timelines and general comments on the Working Proposal of the Regional MS4 Permit. Eight individuals attended out of which five represented the Los Angeles Water Board and the other three represented Heal the Bay, LA Waterkeeper, and NRDC.
yy. Meeting: March 2, 2020
The Los Angeles Water Board held a meeting with the City of Los Angeles to discuss TSO implementation progress and the challenges of implementing the MS4 permit. Six individuals attended out of which four represented the Los Angeles Water Board and the other two represented City of Los Angeles.
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zz. Meeting: March 18, 2020
The Los Angeles Water Board held a teleconference with Los Angeles County and the LACFCD to discuss the status of the Regional MS4 Permit considering the COVID-19 pandemic. Six individuals attended out of which two represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD.
aaa. Meeting: April 15, 2020
The Los Angeles Water Board held a teleconference with Los Angeles County and the LACFCD to discuss the status of the Regional MS4 Permit, share updates on monitoring and project implementation considering the COVID-19 pandemic, and discuss the status of Measure W. Nine individuals attended out of which five represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD.
bbb. Meeting: April 21, 2020
The Los Angeles Water Board held a teleconference with the City of La Habra Heights to discuss the Regional Permit and concerns from the City, which included TMDL compliance and comingling discharges. Ten individuals attended out of which five represented the Los Angeles Water Board and the other five represented the City of La Habra Heights.
ccc. Meeting: April 23, 2020
The Los Angeles Water Board held a teleconference with the City of Los Angeles to discuss the issuance schedule of the Regional MS4 Permit, TMDL compliance date related comments on the Regional MS4 Permit working proposal, the Inner Cabrillo Beach Bacteria TSO, and the Ballona Creek Bacteria TSO. Ten individuals attended out of which five represented the Los Angeles Water Board and the other five represented City of Los Angeles. ddd. Meeting: May 28, 2020
The Los Angeles Water Board held a teleconference with the City of Los Angeles to discuss the extension of TMDL compliance schedules alongside Regional MS4 Permit issuance, the Inner Cabrillo Beach Bacteria TSO, and questions on shoreline monitoring considering the pandemic. Eight individuals attended out of which three represented the Los Angeles Water Board and the other five represented City of Los Angeles.
eee. Meeting: June 2, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and the LACFCD to discuss the status of the Regional MS4 Permit including a tentative issuance timeline and workshop opportunities, share updates on project implementation considering the COVID-19 pandemic, and discuss the status of Measure W. Eight individuals attended of which three represented the Los Angeles Water Board and the other five represented Los Angeles County and LACFCD.
fff. Meeting: June 8, 2020
The Los Angeles Water Board held a Listening Session with the Los Angeles River Upper Reach 2 Group to discuss their comment letter of February 5, 2020 on the Working Proposal and some of the responses to those comments.
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Fourteen individuals attended out of which two represented the Los Angeles Water Board and the other twelve represented the Los Angeles River Upper Reach 2 Group.
ggg. Meeting: June 25, 2020
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the Regional MS4 Permit schedule and Measure W projects. Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented the City of Los Angeles. hhh. Meeting: July 23, 2020
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss EWMP implementation target load reduction/volume capture goals and the associated costs and schedules. Nine individuals attended out of which four represented the Los Angeles Water Board and the other five represented the City of Los Angeles.
iii. Meeting: August 27, 2020
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the Tentative Regional MS4 Permit, the TMDL deadline extension project, the upcoming Board meeting, and potential customization of the Industrial/Commercial Facilities MCM in the revised WMP. Nine individuals attended out of which four represented the Los Angeles Water Board and the other five represented the City of Los Angeles. jjj. Meeting: August 27, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and the LACFCD to discuss TMDL deadline extensions and updates on the Safe Clean Water Program. Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD.
kkk. Meeting: September 8, 2020
The Los Angeles Water Board held a videoconference with Ventura County Permittees to discuss changes between the Working Proposal and tentative draft, the manner of TMDL incorporation in the permit, and future workshops.
Seventeen individuals attended out of which five represented the Los Angeles Water Board and the other twelve represented Ventura County Permittees. lll. Meeting: September 9, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and the LACFCD to discuss the Tentative Draft permit and TMDL deadline extensions. Nine individuals attended out of which four represented the Los Angeles Water Board and the other five represented Los Angeles County and LACFCD.
mmm. Meeting: September 22, 2020
The Los Angeles Water Board held a videoconference with Heal the Bay, LA Waterkeeper, and NRDC to discuss the Regional MS4 Permit Annual Report requirements and the future Manner of TMDL incorporation workshop. Nine individuals attended out of which four represented the Los Angeles Water Tuesday, November 05, 2024 Reg CC MTG, Page *828
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Board and the other five represented Heal the Bay, LA Waterkeeper, and NRDC.
nnn. Meeting: September 23, 2020
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the Industrial/Commercial MCM and permit language about Measure W. Ten individuals attended out of which four represented the Los Angeles Water Board and the other six represented the City of Los Angeles.
ooo. Meeting: October 21, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and the LACFCD to discuss TMDL deadline extensions, the Safe Clean Water Program, and share updates on WMMS and WRAMPS. Ten individuals attended out of which four represented the Los Angeles Water Board and the other six represented Los Angeles County and LACFCD. ppp. Meeting: November 18, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and the LACFCD to discuss TMDL deadline extensions and the upcoming MS4 workshop on monitoring and reporting. Nine individuals attended out of which four represented the Los Angeles Water Board and the other five represented Los Angeles County and LACFCD.
qqq. Meeting: November 30, 2020
The Los Angeles Water Board held a videoconference with The Nature Conservancy to discuss comments on the Planning and Land Development MCM. Six individuals attended out of which four represented the Los Angeles Water Board and the other two represented The Nature Conservancy. rrr. Meeting: December 16, 2020
The Los Angeles Water Board held a videoconference with Los Angeles County and LACFCD to discuss TMDL manner of incorporation into the Regional MS4 Permit and reopener language in the TMDL Basin Plan Amendments for the TMDLs being considered under the TMDL deadline extension project. Nine individuals attended out of which five represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD.
sss. Meeting: December 17, 2020
The Los Angeles Water Board held a videoconference with City of Los Angeles to discuss potential impacts on the State Board Water Quality Order addressing the WMP/EWMP petitions, potential revisions to the RAA limiting pollutant approach, and timeline for aquatic toxicity test species sensitivity screening. Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented City of Los Angeles. ttt. Meeting: January 20, 2021
The Los Angeles Water Board held a videoconference with Los Angeles County and LACFCD to follow-up on the schedule for the TMDL BPA extension project and any outstanding issues with regards to the Regional Tuesday, November 05, 2024 Reg CC MTG, Page *829
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MS4 Permit. Ten individuals attended out of which four represented the Los Angeles Water Board and the other six represented Los Angeles County and LACFCD.
uuu. Meeting: January 28, 2021
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the TMDL Basin Plan Amendment extension project, the Regional MS4 Permit adoption schedule, trash reporting forms, and future revisions to the City’s WMP. Nine individuals attended out of which three represented the Los Angeles Water Board and the other six represented the City of Los Angeles.
vvv. Meeting: February 3, 2021
The Los Angeles Water Board held a videoconference with VCWPD, Los Angeles County/LACFCD, City of Los Angeles, City of Monrovia, a consultant representing the Los Cerritos Channel Watershed Management Group, and consultants from Larry Walker Associates representing Ventura County Permittees. Participants discussed the manner of TMDL incorporation in the permit (BMP versus numeric effluent limits approach), TMDL time extensions, and the schedule for permit adoption. Fifteen individuals attended out of which five represented the Los Angeles Water Board, one represented VCWPD, two represented the City of Monrovia, one represented the Los Cerritos Channel Watershed Management Group, two represented the City of Los Angeles, two represented Ventura County Permittees, and two represented Los Angeles County/LACFCD.
www. Meeting: February 17, 2021
The Los Angeles Water Board held a videoconference with Los Angeles County and LACFCD to follow-up with the TMDL Final Compliance Deadline Extension Project and the schedule for the Regional MS4 Permit. Nine individuals attended out of which five represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD. xxx. Meeting: February 25, 2021
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the Regional MS4 Permit adoption schedule, the Ballona Creek TSO, and requested continued support from the Board for City of Los Angeles’s regional projects under the Safe, Clean Water Program. Nine individuals attended out of which three represented the Los Angeles Water Board and the other six represented the City of Los Angeles. yyy. Meeting: February 25, 2021
The Los Angeles Water Board held a videoconference with the Upper Los Angeles River EWMP Group to discuss updates to the EWMP RAA and the impact of the State Board Order WQ 2020-0038 on the Regional MS4 Permit.
Ten individuals attended out of which three represented Los Angeles Water Board and the other seven represented the Upper Los Angeles River Group. zzz. Meeting: March 17, 2021
The Los Angeles Water Board held a videoconference with Los Angeles County and LACFCD to discuss the schedule for the Regional MS4 Permit Tuesday, November 05, 2024 Reg CC MTG, Page *830
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adoption and the next steps for the TMDL Final Compliance Deadline Extension Project. Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented Los Angeles County and LACFCD.
aaaa. Meeting: March 24, 2021
The Los Angeles Water Board held a videoconference with Los Angeles County, LACFCD, and various consultants representing different WMPs to discuss proposed updates to the WMP RAA in consideration of the State Board Order WQ 2020-0038. Thirteen individuals attended out of which four represented the Los Angeles Water Board, three represented Los Angeles County and LACFCD, and the other six represented various consultants representing different WMPs.
bbbb. Meeting: March 30, 2021
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the schedule for the Regional MS4 Permit adoption and the next steps for the TMDL Final Compliance Deadline Extension Project.
Eight individuals attended out of which four represented the Los Angeles Water Board and the other four represented the City of Los Angeles. cccc. Meeting: March 30, 2021
The Los Angeles Water Board held a videoconference with Ventura County/VCWPD, Los Angeles County/LACFCD, City of Los Angeles, City of Monrovia, a consultant representing the Los Cerritos Channel Watershed Management Group, and consultants from Larry Walker Associates representing Ventura County Permittees. This was a follow-up meeting to discuss concerns about the manner of TMDL incorporation in the Regional MS4 Permit. Twelve individuals attended out of which four represented the Los Angeles Water Board, two represented the City of Monrovia, one represented the City of Los Angeles, one represented Los Angeles County/LACFCD, one represented Ventura County/VCWPD, one represented the Los Cerritos Channel Watershed Management Group, and two represented Ventura County Permittees.
dddd. Meeting: April 19, 2021
The Los Angeles Water Board held a videoconference with the Upper Los Angeles River EWMP Group to discuss updates to the EWMP RAA in consideration of the State Board Order WQ 2020-0038 on the Regional MS4 Permit. Eleven individuals attended out of which four represented the Los Angeles Water Board and seven represented the Upper Los Angeles River EWMP Group.
eeee. Meeting: April 21, 2021
The Los Angeles Water Board held a videoconference with Ventura County Permittees to discuss past TMDL final compliance deadlines for the Ventura River Algae TMDL and Kidde and Hobie Beach Bacteria TMDL, benefits of participating in a WMP, and questions about how water quality exceedances trigger enforcement action. Seventeen individuals attended out of which four represented the Los Angeles Water Board and thirteen represented Ventura County Permittees.
Tuesday, November 05, 2024 Reg CC MTG, Page *831
MS4 DISCHARGES WITHIN THE ORDER NO. R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ATTACHMENT F – FACT SHEET F-404
ffff. Meeting: April 27, 2021
The Los Angeles Water Board held a videoconference with The Nature Conservancy to discuss the Planning and Land Development MCM in the Tentative Regional MS4 Permit. Six individuals attended out of which four represented the Los Angeles Water Board and two represented The Nature Conservancy.
gggg. Meeting: April 27, 2021
The Los Angeles Water Board held a videoconference with the City of Los Angeles to discuss the schedule for the Regional MS4 Permit issuance, TMDL extensions (e.g., TMDL revision, TSOs), and coordination with Caltrans MS4 on upcoming WMP projects. Nine individuals attended out of which three represented the Los Angeles Water Board and six represented the City of Los Angeles.
hhhh. Meeting: April 29, 2021
The Los Angeles Water Board held a videoconference with the East San Gabriel Valley Group (ESGV Group) to discuss the implications of the 2020 State Board Order, options for participating in the Watershed Management Program, and Trash Discharge Prohibitions requirements and reporting. Five individuals attended out of which two represented the Los Angeles Water Board, one was a consultant Colbert Environmental Group representing the ESGV Group, and two represented the City of Claremont.
iiii. Meeting: May 6, 2021
The Los Angeles Water Board held a videoconference with Los Angeles County/LACFCD and various consultants represented different WMP Groups to discuss the updated RAA approach to address concerns resulting from the State Board Order WQ 2020-0038 and the WMP project implementation schedule. Fifteen individuals attended out of which four represented the Los Angeles Water Board, three represented Los Angeles County/LACFCD, and eight consultants represented various Permittees.
B. Notification to Permittees and Interested Parties
The Los Angeles Water Board notified the Dischargers and interested agencies and persons of its intent to prescribe WDRs for the discharges and provided an opportunity to submit written comments, evidence, and recommendations on the draft permit, including the monitoring and reporting program and fact sheet. Notification was provided through the following: Email to the Los Angeles Water Board’s MS4 Lyris lists and email to the Permittee and stakeholder mailing list on August 24, 2020.
The public had access to the agenda and any changes in dates and locations through the Los Angeles Water Board’s website at
https://www.waterboards.ca.gov/losangeles/board_info/agenda/ C. Written Comments
Parties and interested persons were invited to submit written comments and evidence concerning the tentative WDR as provided through the notification process. Comments and evidence were due by mail or email to the Executive Officer at the Los Angeles Water Board at:
Tuesday, November 05, 2024 Reg CC MTG, Page *832
MS4 DISCHARGES WITHIN THE ORDER NO. R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ATTACHMENT F – FACT SHEET F-405
Los Angeles Regional Water Quality Control Board
320 W. 4th Street, Suite 200
Los Angeles, CA 90013-2343
[email protected]
To be fully responded to by staff and considered by the Los Angeles Water Board, the written comments and evidence were due by 5:00 p.m. on December 7, 2020.
D. Public Hearing
The Los Angeles Water Board held a public hearing on the tentative WDRs during its regular Board meeting on the following date and time and at the following location:
Date: July 8, 9, 16, and 23, 2021
Time: 9:00 a.m. each day
Location: Video and Teleconference Meeting Only
Parties and interested persons were invited to attend. At the public hearing, the Los Angeles Water Board heard testimony pertinent to the discharge, WDRs, and permit.
For accuracy of the record, important testimony was requested in writing.
E. Reconsideration of Waste Discharge Requirements
Any person aggrieved by this action of the Los Angeles Water Board may petition the State Water Board to review the action in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., within 30 calendar days of the date of adoption of the Order at the following address, except that if the thirtieth day following the adoption date of the Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day:
State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
Or by email at [email protected] For instructions on how to file a petition for review, see http://www.waterboards.ca.gov/public_notices/petitions/water_quality/wqpetition_instr. shtml
F. Information and Copying
The Reports of Waste Discharge, other supporting documents, and comments received are on file and may be inspected and copied at the address above at any time between 8:30 a.m. and 4:45 p.m., Monday through Friday, by appointment. Appointments may be made by following the instructions on the Los Angeles Water Board’s website under “Contact Us,” “Public Records Center” at:
https://www.waterboards.ca.gov/losangeles/resources/public_records_center.html G. Register of Interested Persons
Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should subscribe to the Los Angeles Water Board’s “Region Tuesday, November 05, 2024 Reg CC MTG, Page *833
MS4 DISCHARGES WITHIN THE ORDER NO. R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ATTACHMENT F – FACT SHEET F-406
4 SW Regional Phase I MS4 Permit” Email List at:
https://www.waterboards.ca.gov/losangeles/resources/email_subscriptions/.
H. Additional Information
Requests for additional information or questions regarding the Order should be directed to the Unit Chief of the Municipal Storm Water Permitting Unit. The contact name, phone number, and email address are available on the Los Angeles Water Board website:
https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/ Tuesday, November 05, 2024 Reg CC MTG, Page *834
DocuSign Envelope ID: E1705AD6-8437-4431-9D80-75EAD08DD05D Agree No 2024-18
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DocuSign Envelope ID: E1705AD6-8437-4431-9D80-75EAD08DD05D 5/16/2024
Pablo Viramontes
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CITY OF LOMITA
24300 Narbonne Avenue
Lomita, CA 90717
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
247th STREET AREA WATER MAIN REPLACEMENT
BID OPENING
APRIL 11, 2024
01:00 P.M.
Revised Documents per Addenda 1, 2 &3
Tuesday, November 05, 2024 Reg CC MTG, Page *846
TABLE OF CONTENTS
SECTION A-NOTICE INVITING BIDS (A)
NOTICE INVITING BIDS...……………………………………………………... A-2
SECTION B-INSTRUCTIONS TO BIDDERS (B)
I. QUALIFICATION OF BIDDERS ……..………………………………..……..B-2
II. BIDDER’S RESPONSIBILITY ……………………………………………….B-3
III. ADDENDA TO CONTRACT DOCUMENT ………...……………………... B-3 IV. PREPARATION OF THE BID ………………..……………………………. B-4
V. BID BOND ……………………………………………………………………..B-5
VI. NON-RESPONSIVE BIDS AND REJECTION ………...………………….B-5 VII. AWARD OF CONTRACT …………………………………………………. B-5
VIII. EXECUTION OF CONTRACT …………………………………………….B-5
IX. APPRENTICESHIP EMPLOYMENT STANDARDS ……………………. B-6
X. PERMIT, LICENSE AND PUBLIC WORKS AGREEMENT …………..... B-6 XI. INSURANCE ………………………………………………………………… B-6
XII. PRE-BID INQUIRIES ……………………………………………………… B-6
XIII. LABOR CODE – SB 854 …………………………………………………. B-7
XIV. PREVAILING WAGE ……………………………………………………. B-7
XV. GUIDELINES DURING GENERIC PANDEMIC………………………….B-7
SECTION C-BID DOCUMENTS
BIDDERS PROPOSAL …………………………………………………….…… C-2
CONTRACTOR’S AFFIDAVIT ……………………………………………….…C-7
BID BOND (10%) ………………………………….……………………………. C-9
LIST OF SUBCONTRACTORS ……………………………………………….. C-10
CONSTRUCTION PROJECT REFERENCES………………………….……. C-11
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS ……..……….…... C-12 DISQUALIFICATION OR DEBARMENT …………………………..…….…... C-13
SECTION D – DOCUMENTS TO BE COMPLETED AND DELIVERED TO CITY
AFTER AWARD OF CONTRACT
PUBLIC WORKS AGREEMENT ................................................................. D-2 CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT .............. D-11 PERFORMANCE BOND ............................................................................. D-13 LABOR AND MATERIAL BOND ……………………………………............... D-15 WORKERS' COMPENSATION INSURANCE CERTIFICATION..................D-18
SECTION E - SPECIAL PROVISIONS
SECTION F – CONTRACT PLANS
APPENDIX I – CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
SUMMARY
APPENDIX II – CITY BUSINESS LICENSE APPLICATION
i
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APPENDIX III – CITY OF LOMITA WATER STANDARD PLANS
APPENDIX IV – CITY OF LOS ANGELES U PERMIT
APPENDIX V – CALTRANS ENCROACHMENT PERMIT
APPENDIX VI – POTHOLING REPORT
ii
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SECTION A
NOTICE INVITING BIDS
A-1
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CITY OF LOMITA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Lomita, County of Los Angeles, California (hereinafter “City”) will receive sealed bids at the Office of the City Clerk, City Hall, 24300 Narbonne Avenue, Lomita CA 90717, until 1:00 PM on April 11, 2024, at which time all bids will be publicly opened and read in the City Council Chambers at the above address for:
247TH STREET AREA WATER MAIN REPLACEMENT
This project consists of water main installation on 246th St., 247th St., 247th Pl., 248th St., Western Ave., and Lomita Blvd. The 247th St. Area Water Main Improvement Project – The existing 4-inch/6-inch water main system was constructed between 1928 and 1930 and has exceeded its useful service life. To provide improved flow, pressure, and fire protection, installing approximately 3,300 linear feet of new 8-inch PVC water mains is needed. The existing water main currently runs along the property line and the new 8-inch main will be installed in the street along 246th St., 247th St., 247th Pl., 248th St., Western Avenue, and Lomita Blvd. Improvements will include trenching and installation of new 8-inch PVC water main, water main fittings, valves, water services, water meters, and fire hydrants.
The Contractor shall perform all work required for such construction in accordance with the contract documents and subject to the terms and conditions of the contract, complete and ready for use.
Each bid must be submitted in writing on a bid proposal furnished by the City. Bids must conform and be responsive to all contract documents. All bids must be sealed and must be plainly marked in the lower left-hand corner “247th STREET AREA WATER MAIN REPLACEMENT”.
Plans and Specifications may be downloaded and printed from the City’s website at no charge at:
https://lomitacity.com/current-bids-rfps/
Prospective bidders who only view and/or print the plans and specifications from the City’s website will not automatically be added to the City’s plan holder list for this project unless they send an email to the Project Manager at [email protected], [email protected] and [email protected] and provide the firm’s A-2
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name, address, telephone and contact person with a valid email address. This will ensure that the prospective bidder is listed as a “Plan Holder” and will be informed of any addenda and all information issued after obtaining the official form of proposal.
Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
Each proposal must be accompanied by a cash deposit, a certified cashier's check, or a bidder's bond, made payable to the City of Lomita, in an amount not less than 10% of the total bid submitted.
The successful bidder will be required to furnish a faithful performance bond in the amount of 100% of the contract price, and a payment bond in the amount of 100% of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/PublicWorks/PublicWorks.html.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. plans and specifications will be available for review at City Hall.
The contractor shall possess a valid State of California Contractors License, Class A.
All work shall be completed within 180 working days from the date of the Notice to Proceed (NTP).
All questions regarding this bid must be submitted in writing on or before 1:00 PM on March 21, 2024, to the Project Manager, via email at: [email protected], [email protected] and [email protected].
Kathleen Horn Gregory, MMC
City Clerk
Published in Daily Breeze on February 23, 2024, and March 1, 2024 A-3
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SECTION B
INSTRUCTIONS TO BIDDERS
B-1
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INSTRUCTIONS TO BIDDERS
I. QUALIFICATION OF BIDDERS
1. Competency of Bidders
The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, plant and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible.
2. Contractor's License
At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license for this project is a Class A Contractor’s license. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the work.
3. Contractor Registration Requirements
SB 854 amended the Labor Code to require all contractors bidding on public work to register with the Department of Industrial Relations (DIR) and to pay an annual fee. The registration requires contractors to provide the State with evidence of the contractors' compliance with several statutory requirements. The registration requirement took effect on July 1, 2014.
4. Bidder’s Submittal and Contract Award Prohibited
Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work on or after March 1, 2015. Similarly, a public entity cannot award a public work contract to a non-registered contractor, effective April 1, 2015. Also refer to Section 5-3.1 of the Special Provisions.
5. Bidder Qualifications
Bidder Qualifications called for to be submitted at the time of bid include, but are not necessarily limited to:
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a. The Contractor shall have been in business under the same name and California Contractor’s License for a minimum of 10 continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract. b. The Contractor shall provide a minimum of 3 references for the construction of street rehabilitation projects which have been successfully completed in the State of California with a construction cost of at least $2M. during the past 5 years.
c. The Contractor or the Subcontractor performing the construction of street rehabilitation shall have a minimum of 10 years’ experience under the same name and California Contractor’s License.
d. The Contractor shall perform above 50% of the contract with its own forces.
6. Requirements of Funding Agency
The funding of this project is partially provided by the Hazard Mitigation Grant Program through the Governor’s Office of Emergency Services (Cal OES). This agency has the following requirements:
a) The construction contractor shall comply with Applicable Laws regarding the payment of prevailing wages and the keeping of certified payroll records;
b) The construction contractor shall keep accurate records documenting all construction activities and all costs incurred in the construction of the work, and shall make the originals of such records available for inspection and copying by City upon reasonable written notice. c) The construction contractor shall adhere to FEMA’s Hazard Mitigation Assistance Guidance 2015, included in Appendix VI.
II. BIDDER RESPONSIBILITY
A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity, and experience to satisfactorily perform the work.
Bidders are notified that, in accordance with the Lomita Municipal Code, the City Council may determine whether the Bidder is responsible based on a review of the Bidder's performance on other contracts.
If, based on the provisions and criteria set forth in the Lomita Municipal Code, the Public Works Director proposes not to recommend the award of contract to the apparent low bidder, the Director shall notify the Bidder in writing of its intention to recommend to the City Council that the Council award the contract to the 2nd B-3
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lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council.
III. ADDENDA TO THE CONTRACT DOCUMENTS
The City may issue Addenda to the Contract Documents during the period of advertising for any reason. The Bidder shall acknowledge the receipt of the Addenda in their Bid. The failure of the Bidder to do so may result in the rejection of the Bid as non-responsive.
Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
IV. PREPARATION OF THE BID
1. Examination of Site, Plans and Specifications
Prior to submitting a Bid, the Bidder shall examine the Plans and the Work site, carefully read the Specifications, and satisfy itself that it has the abilities and resources to complete the Work. The Bidder agrees that if it is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work site.
The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment, and incidentals, that are implied or required for the complete improvements as contemplated by the drawings, specifications, and other contract documents.
2. Estimated Quantities
The quantities shown in the Bid are approximate only. The Contractor will be paid for the actual quantities of work based on field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the Specifications.
3. Bid Instructions and Submissions
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The Bid shall be submitted on the Bid Proposal forms included with the Specifications. All Bid Documents must be completed, executed, and submitted with the Bid by the Bidder.
Required seven (7) Bid Proposal Documents:
1) Bidder's Proposal
2) Contractor's Affidavit
3) Bid Bond (10%)
4) List of Subcontractors
5) Construction Project References
6) Violations of Federal or State Law
7) Disqualification or Debarment
All prices submitted will be considered as including all sales or use taxes.
The Bid Proposal must be completed in ink or in typewritten form. The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence.
In the case of discrepancy between unit bid price and total bid, the unit price shall prevail.
V. BID BOND
Each bid shall be accompanied by Bidder's Security in an amount equal to ten (10) percent of the bid amount, which security shall be lawful money of the United States of America and in one of the following forms: (i) cashier's check made payable to the City of Lomita, (ii) certified check made payable to the City of Lomita, or (iii bid bond executed by an admitted surety insurer and made payable to the City of Lomita. The City Bid Bond form must be used.
VI. NON-RESPONSIVE BIDS AND BID REJECTION
1. A Bid in which anyone (1) of the required seven (7) Bid proposal documents are not completed, executed and submitted may be considered nonresponsive and be rejected.
2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete, or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected.
VII. AWARD OF CONTRACT
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In accordance with the Lomita Municipal Code, the City Council reserves the right to reject all bids received, to take all bids under advisement for a period not-toexceed ninety (90) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received.
VIII. EXECUTION OF CONTRACT
After the Contract is awarded, the awardee shall execute the following eight (8) documents:
1) Contract - Public Works Agreement
2) Construction or Service Contract Endorsement
3) Performance Bond (100% of Bid price)
4) Labor and Material Bond (100% of Bid price)
5) Workers' Compensation Insurance Certificate
6) Verification of Insurance Coverage (Certificates and Endorsements) 7) Construction Permit Application Form
8) Business License Application Form
IX.
X.
APPRENTICESHIP EMPLOYMENT STANDARDS
The Contractor is directed to the provisions in Sections 1776, 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them.
PERMITS, LICENSES AND PUBLIC WORKS AGREEMENT
The Contractor shall procure and execute all permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. The Contractor shall carry out a Public Works Agreement. A no fee Excavation Permit will be issued by the City of Lomita for this project. The Contractor shall obtain a City of Lomita Business License.
XI. INSURANCE
The Contractor shall maintain Automobile Liability, General Liability and Workers' Compensation Insurance as specified in the Public Works Agreement included in the Project Specifications.
XII. PRE-BID INQUIRIES
A Bidder with a Pre-Bid Inquiry must e-mail their question(s) on or before 1:00 PM on March 21, 2024, to the Project Manager, via email at [email protected],
[email protected]
[email protected] and
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Questions received after this date may not be considered.
XIII. LABOR CODE – SB 854
The bidder shall be registered with the Department of Industrial Relations (DIR) in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by SB 854. No public work contract may be awarded to a non-registered contractor or subcontractor after April 15, 2015.
XIV. PREVAILING WAGE
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD
XV. GUIDELINES DURING GENERAL PANDEMIC CONDITIONS
Contractors shall comply with all local, state, and federal laws and regulations including, but not limited to, the Governor’s and Los Angeles County Health Officer’s orders and guidance related to any general pandemic conditions that may be announced including social distancing, and best practices.
Contractors are required to check with the latest guidelines of the Los Angeles County Public Works and the Los Angeles County Public Health for construction sites during any possible health pandemics.
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SECTION C
BID DOCUMENTS
(TO BE SUBMITTED WITH BID PACKAGE)
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BIDDER’S PROPOSAL
247TH STREET AREA WATER MAIN REPLACEMENT
Company: _____________________________________________________ Honorable Mayor and Members
of the Lomita City Council
Lomita, California
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lomita for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Plans, Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule.
The undersigned hereby acknowledges that he/she has examined the copies of the plans, specifications and all Contract Documents for this project and is fully aware of scope of the work.
The undersigned also acknowledges that he/she has examined the project site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress, and performance of the work in strict accordance with the Contract Documents.
The undersigned also acknowledges that timely completion o f t h e p r o j e c t is important to the City. Therefore, time being of the essence, he/she proposes that the work commenced and will be completed within the time specified in the Notice Inviting Bids.
Specification or Items not indicated on Bid Form: The Contractor is to accommodate those portions of the work required by the specifications or contract documents, whose method of payment is not included in other bid items elsewhere.
In addition, bid items costs associated with bonds, insurance, traffic control, labor, equipment, materials, overhead, profits, all other indirect costs shall be considered full compensation for each bid item.
All work shall be completed within 180 working days from the date the notice to proceed is issued by the Engineer.
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PROJECT BID SCHEDULE
Item
No.
Unit
Price Item Description Qty. Unit Total Bid
1 2
3 4
5 6
7 Mobilization and demobilization.
Traffic control.
1 LS
LS
LS
LS
LS
LS
LS
$
$
$
$
$
$
$
$
1 1
1 1
1 1
$
$
$
$
Excavation safety measures.
Construction surveying.
Water pollution control (includes BMP
installation and maintenance).
Re-establish survey monuments.
Saw cutting. $
$
Construct new 8” PVC C900 DR 18
water main, including but not limited
to furnishing of fittings and end caps.
Construction shall be per City of
Lomita Standards and include
trenching, bedding, and backfill.
Construct new 8” PVC C900 DR 14
water main, including but not limited
to furnishing of fittings and end caps.
Construction shall be per City of
Lomita Standards and include
8 670 LF
LF
$
9 3,260 $ $
trenching, bedding, and backfill.
10 11
12 13
Provide and install 8” gate valve. 18
3 EA
EA
EA
LS
$
$
$
$
$
$
$
$
Furnish and install Fire Hydrant
Assembly per City of Lomita Standard
Plan W-110.
Furnish and install 1” water service,
connect to existing meter and box. 24
1 Cut existing water main and remove
interfering portions. Plug with
concrete and abandon.
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Connect to existing water main
(includes installation of transition
coupling, if required per plans).
Construct AC pavement base course
including subgrade and base
preparation per City of Lomita trench
detail.
14 15
5 EA
SF
$
$
$
2,310 $
Cold plane asphalt concrete (2”)
depth per City of Lomita standards. 16
17 257
29 SY $
$
$
$
Construct AC pavement cap per City
of Lomita trench detail. TON
Construct AC pavement base course
including subgrade and base
preparation per City of Los Angeles
trench detail.
18 7,210 SF $ $
Cold plane asphalt concrete (2”)
depth per City of Los Angeles
standards.
19 20
801
90 SY $
$
$
$
Construct AC pavement cap per City
of Los Angeles trench detail. TON
Construct AC pavement base course
including subgrade and base
preparation per Caltrans trench
detail.
21 775 SF $ $
Cold plane asphalt concrete (2”)
depth per Caltrans standards. 22
23 86
10 SY $
$
$
$
Construct AC pavement cap per City
of Caltrans trench detail. TON
Construct PCC bus pad including
dowel installation, subgrade and base
preparation per Caltrans standards.
24 795 SF $ $
Replace damaged pavement striping,
markings, reflectors, legends. 25
26 1
5 LS
EA
$
$
$
$
Soil sampling if hazardous soil is
encountered (As Needed Only)
Excavation, haul away and disposal
of hazardous soil if encountered (As
Needed Only)
Install Type D and E Traffic Signal
Loop Detectors per Caltrans Standard
Plans ES-5B
27 28
180
18 TN
EA
$
$
$
$
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Import, place and compact crushed
miscellaneous base if hazardous soil
is encountered (As Needed Only)
29 180 TN $
$
$
TOTAL BID
(Items 1 through 25 & 28 excluding Bid items 26, 27 & 29) TOTAL BID:
(Figures)
(Words)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES AND WORDS.
The undersigned furthermore agrees to enter and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lomita.
The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.
Contractor ______________________________
Date: _______________________ By:
Contractor’s State License No.: ___________Class______ Exp. Date:
Contractor’s Address: _________________________________________________ Phone: _______________________
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CONTRACTOR'S AFFIDAVIT
STATE OF CALIFORNIA }
}
COUNTY OF _____________}
___________________________________________________, being first duly sworn, deposes and says:
1. That he is the ____________________________________________________ Title
of
(Name of Partnership, Corporation, or Sole Proprietorship) hereinafter called "Contractor," who has submitted to the City of Lomita a proposal for:
247TH STREET AREA WATER MAIN REPLACEMENT
2. 3.
That said proposal is genuine; that the same is not sham; that all statement of facts therein are true;
That such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Contractor did not, directly or indirectly, induce, solicit or agree with anyone else to submit a false or sham bid, to refrain from bidding, or to withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Lomita, or of any other bidder, or anyone else interested in the proposed contract;
5. 6.
That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder or to induce action prejudicial to the interests of the City of Lomita, or of any other bidder or of anyone else interested in the proposed contract;
That the Contractor has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
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7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Lomita, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _________ day of __________________________, 2024 Subscribed and Sworn to ________________________
Contractor
________________________
Title
before me this _________ day of _____________________, 2024. _________________________________
Notary Public in and for said.
County and State.
(Seal)
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BID BOND (10%)
KNOW ALL MEN BY THESE PRESENTS: That we,
_________________________________
as principal, and
as sureties, are held and firmly bound unto the City of Lomita, State of California, in the penal sum of ________________________ dollars ($______________), for the payment whereof we hereby bind ourselves, our successors, heirs, executors or administrators jointly and severally, firmly by these presents.
The condition of this obligation is such that, whereas the above bounded principal is about to file with and submit to the City of Lomita a bid or proposal for the performance of certain work as required in the City of Lomita, said work being: 247TH STREET AREA WATER MAIN REPLACEMENT in compliance with the Specifications therefor under an invitation of said City contained in a notice or advertisement for bids or proposals; now if the bid or proposal of the said principal shall be accepted and if the said work be thereupon awarded to the principal by said City and if the said principal shall enter into a contract with the said City in accordance with said bid or proposal, or if the bid or proposal of the said principal is rejected, then this bond shall be void and of no effect and otherwise in full force and effect.
WITNESS our hands this ______ day of _______________, 20___. ______________________________
Principal
______________________________
Surety/Attorney-in-Fact
______________________________
Signature
Name:
Local Address:
Phone No.:
Fax No.:
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LIST OF SUBCONTRACTORS
247TH STREET AREA WATER MAIN REPLACEMENT
The Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Section 2-3 of the Standard Specifications.
Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list alternate subcontractors for the same work.
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CONSTRUCTION PROJECT REFERENCE
(Work similar in magnitude and degree of difficulty completed by Contractor within the past three [3] years.)
1. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Telephone No.: __________________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
2. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Telephone No.: __________________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
3. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Telephone No.: __________________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
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VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS
1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes/No: ____________________Federal/State:____________________ If “yes,” identify and describe, (including agency and status):
Have the penalties been paid? Yes/No:
2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws?
Yes/No: ______ Code/Laws: ____________ Section/Article: _______________ If “yes,” identify and describe, (including agency and status):
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DISQUALIFICATION OR DEBARMENT
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? Yes/No: _______________. If yes, provide the following information (if more than once, use separate sheets):
Date: _______________ Entity:
Location:
Reason:
Provide Status and any Supplemental Statement:
Has your firm been reinstated by this entity? Yes/No:
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SECTION D
CONTRACT DOCUMENTS
TO BE SUBMITTED
WITHIN TWENTY ONE (21) CALENDAR DAYS
AFTER AWARD OF CONTRACT
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CITY OF LOMITA
PUBLIC WORKS AGREEMENT
CITY OF LOMITA
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between (hereinafter referred to as "CONTRACTOR") and the City of Lomita, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for 247TH STREET AREA WATER MAIN REPLACEMENT, bids were received, publicly opened, and declared on the date specified in the notice.
B.
C.
On _________, Lomita’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment, and material for the 247TH STREET AREA WATER MAIN REPLACEMENT Project in the City of Lomita.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 247th Street Area Water Main Replacement Project in the City of Lomita. The work shall be performed in accordance with the Plans and Specifications dated February 23, 2024 (the “Specifications” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, D-2
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or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 180 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000.00 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
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Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment around coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprentice able trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours D-4
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set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
7. 8.
TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
CONTRACTOR'S LIABILITY: The City of Lomita and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
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CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
THE CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.
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11. 12.
INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
ASSIGNMENT: This Agreement is not assignable nor the performance of neither party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. 14.
INDEPENDENT CONTRACTOR: THE CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. 16.
LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license, if required under CITY ordinance.
RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. 18.
SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the D-7
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covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. 20.
AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices 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. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF LOMITA, CA
24300 Narbonne Avenue, Lomita, CA 90717
Attention:
CONTRACTOR:
______________________
________________________________
Attention:
21. 22.
DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240- 10240.13.
NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this D-8
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section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
24. 25.
TIME IS OF ESSENCE. Time is of the essence for every provision of the Contract Documents.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
26. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
State of California
CONTRACTOR’S License No.
CONTRACTOR
By:
DATE
CONTRACTOR’S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time:
CITY OF LOMITA, CALIFORNIA
By:
DATE __________, CITY MANAGER
Kathleen Horn Gregory, CITY CLERK
Trevor Rusin, CITY ATTORNEY
ATTEST:
By:
By:
DATE
APPROVED AS TO FORM:
DATE
Attachments: Exhibit A: Contractor’s Bid Proposal
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CITY OF LOMITA
CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT
To be attached to and made a part of all policies ensuring the liability of any person, form or corporation performing services under contract for the City of Lomita.
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall:
1. 2.
Include the City of Lomita as an additional insured. (To include the elected officials, appointed officials, and employees.)
Indemnify and save harmless the City of Lomita against all claims resulting from the undertaking specified in the contract known as:
PROPOSAL, SPECIFICATIONS, BOND, AND AFFIDAVIT
FOR
247TH STREET AREA WATER MAIN REPLACEMENT
This holds harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly.
3. Not to be cancelled except by notice to the City Attorney of the City of Lomita at least thirty (30) days prior to the date of cancellation.
4. 5.
Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $3,000,000 each Occurrence, and $5,000,000 Aggregate.
Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lomita as enumerated in this endorsement.
However, nothing contained herein shall affect any rights of the insurer against the insured.
6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract:
(a)
(b)
That the CONTRACTOR specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprentice able craft or trade.
By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, D-11
Tuesday, November 05, 2024 Reg CC MTG, Page *881
and I will comply with such provisions before commencing the performance of the work of this contract.
The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy.
______________________________
Duly Authorized Agent
Attached to and forming part of
Policy No.: _______________
of the: ___________________
Date: ____________________
Expiration Date: ___________
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, as Principal(s) and
a corporation, incorporated, organized, and existing under the laws of the State of _____________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto the City of Lomita, a municipal corporation, located in the County of Los Angeles, State of California, in the full and just sum of:
______________________________________________________________ Dollars ($__________________), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, representative, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that: WHEREAS, said Principal(s) have/has entered into, or are/is about to enter into, a certain written contract or agreement, dated as of the ______ day of ____________, 20____, with the said City of Lomita for the 247TH STREET AREA WATER MAIN REPLACEMENT, all as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFORE, if the said Principal(s) shall faithfully and well and truly do, perform and complete, or cause to be done, performed and complete, each and all of the covenants, terms, conditions, requirements, obligations, acts and things, to be met, done or performed by said Principal(s), including any guarantee period as set forth in, or required by, said contract or agreement, all at and within the time or times, and in the manner as therein specified and contemplated, then this bond and obligation shall be null and void; otherwise it shall be and remain in full force, virtue and effect.
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
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PERFORMANCE BOND (CONTINUED)
In the event any suit, action or proceedings is instituted to recover on this bond or obligation, said Surety will pay, and does hereby agree to pay, as attorney's fees for said City, such sum as the Court in any such suit, action or proceeding may adjudge reasonable.
EXECUTED, SEALED AND DATED this _________ day of _____________, 20____.
CORPORATE SEAL
CORPORATE SEAL
PRINCIPAL(S):
BY _____________________________
BY _____________________________
SURETY:
BY _____________________________
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LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, ________________________________________________ as Principal(s) and ____________________________________________ a corporation, incorporated, organized, and existing under the laws of the State of ______________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto:
(a) The State of California for the use and benefit of the State Treasurer, as exofficio Treasurer and custodian of the Unemployment Fund of said State; and (b)
(c)
The City of Lomita, California; and
Any and all persons who do or perform or who did or performed work or labor upon or in connection with the work or improvement referred to in the contract or agreement hereinafter mentioned; and
(d) Any and all materialmen, persons, companies, firms, association, or corporations, supplying or furnishing any materials, provisions, provender, transportation, appliances or power, or other supplies used in, upon, for or about or in connection with the performance of the work or improvement contracted to be executed, done, made or performed under said contract or agreement; and (e)
(f)
Any and all persons, companies, firms, associations, or corporations furnishing, renting, or hiring teams, equipment, implements or machinery for, in connection with, or contributing to, said work to be done or improvement to be made under said contract or agreement; and
Any and all persons, companies, firms, associations, or corporations who supply both work and materials;
and whose claim has not been paid by said Principal(s), in full and just sum of ______________________________________________________________ Dollars ($___________________), lawful money of the United States of America, for the payment of which will and truly to be made, said Principal(s) and said Surety do hereby bind themselves and their respective heirs, executors, administrators, representatives, successors and assigns, jointly and severally, firmly by these presents.
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LABOR AND MATERIAL BOND (CONTINUED)
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT: WHEREAS, said Principal(s) have/has entered into or are/is about to enter into a certain written contract or agreement, dated as of the _______ day of __________________20 ___, with the City of Lomita for the 247TH STREET AREA WATER MAIN REPLACEMENT, all as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFORE, if the said Principal(s) (or any of his/her, its, or their subcontractors) under said contract or agreement fails or fail to pay:
(1) For any materials, provisions, provender, transportation, appliances, or power, or other supplies; or
(2)
(3)
For the hire of any teams, equipment, implements, or machinery; or For any work or labor; supplies, furnished, provided, used, done or performed in, upon, for or about or in connection with the said work or improvement; or (4) For amounts due under the Unemployment Insurance Act of the State of California with respect to such work or improvement.
the Surety on this bond will pay the same in an amount not exceeding the sum hereinabove specified in this bond; and, also, in case suit is brought upon this bond, said Surety will (and does hereby agree to) pay a reasonable attorney's fee, to be fixed and taxed as costs, and included in the judgment therein rendered.
This bond shall (and it is hereby made to) insure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond, all as contemplated under the provisions of Section 4205 of the Government Code, and of Chapter 1 of Title 4 of Part 3 of the Code of Civil Procedure, of the State of California.
This bond is executed and filed in connection with said contract or agreement hereunto attached to comply with each and all the provisions of the laws of the State of California above mentioned or referred to, and of all amendments thereto, and the obligors so intend and do hereby bind themselves accordingly.
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LABOR AND MATERIAL BOND (CONTINUED)
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
EXECUTED, SEALED AND DATED this ______ day of __________________, 20 ___ CORPORATE SEAL PRINCIPAL:
BY ______________________________
CORPORATE SEAL SURETY:
BY ______________________________
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WORKERS' COMPENSATION INSURANCE CERTIFICATION
247TH STREET AREA WATER MAIN REPLACEMENT
In compliance with Section 7-4 of the Standard Specifications, the CONTRACTOR shall complete and submit the following certification with a Certificate of Insurance before execution of the contract.
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance before commencing any of the work.
DATED: _______________________
_____________________________
CONTRACTOR
By: _________________________
Signature
Title:_________________________
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SECTION E
SPECIAL PROVISIONS
The following Special Provisions supplement and amend the latest editions of the Standard Specifications for Public Works Construction (SSPWC “Greenbook”), and the Standard Specification of the State of California Department of Transportation (Caltrans), as noted herein. These Special Provisions have been arranged in a format that parallels the SSPWC “Greenbook” Standard Specifications.
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PART 1 - GENERAL PROVISIONS
SECTION 1 - GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,
AND SYMBOLS
1-2 TERMS AND DEFINITIONS. Add or redefine the following:
AGENCY – The City of Lomita, herein referred to as City.
BOARD – The City Council of the City of Lomita, herein referred to as City Council.
ENGINEER –The Public Works Director/City Engineer of the City of Lomita, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
CLAIM -- A separate demand by the Contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Agency. 1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General. Replace the entire sub-section with the following:
Within twenty-one (21) calendar days after the date of the City’s award of contract, the Contractor shall execute and return all Contract Documents required by the City. The City reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guaranty.
Per Lomita Municipal Code the City of Lomita reserves the right to reject any and all proposals, to waive any informality or irregularity in such bids, and determine the lowest responsible bidder.
The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials.
1-7.2 Contract Bonds. Add the following
The "Performance Bond" shall remain in effect for one year following the date specified in the Notice of Completion or, if no Notice of Completion is recorded, for one year following the date of final acceptance of the project by the City Council.
SECTION 2 - SCOPE OF THE WORK
2-1 WORK TO BE DONE. Add the following:
Scope of Work. The Work generally consists of furnishing all labor, materials, tools, equipment, and incidentals necessary to construct new water mains on 246th Street, 247th Street, 247th Place, 248th Street, Lomita Boulevard, and Western Avenue as specified in the Specifications and these Special Provisions, and as directed by the Engineer.
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The Work also includes all necessary traffic control; preparing and updating construction schedules; posting signs for “NO PARKING” and arranging for towing of cars, if necessary; protecting all utility covers in place; and installing temporary pavement markers. 2-2 PERMITS. Replace the subsection with the following:
The Contractor shall obtain a Business License and Encroachment Permit before commencing construction.
2-5.4 HAUL ROUTES.
Only the designated truck routes shall be used for hauling materials away from the job site or delivering materials to the job site
2-5.4.1 VEHICULAR ACCESS -
When the Contractor begins excavation of a residential driveway, safe access shall be provided within 4 hours and not later than the end of the same workday in which excavation began.
The Contractor shall be responsible to provide at least 48 hour written notice to each affected property before closing or partially closing any driveway or pedestrian access.
At least three (3) days prior to starting work in any location or any street closure, the Contractor shall distribute written notices to all homeowners and residents within 100 feet of the project that will be impacted by the work. The written notices shall be reviewed and approved by the City before the Contractor sending them out.
1) The Contractor shall provide a minimum 1-inch-thick temporary asphalt surface for an access ramp or sidewalk if it is not able to install the permanent improvement within 5 working days following the removal of the existing material at any location.
The offset at any transverse or longitudinal joint shall not be more than one-half (1/2) inch. On the temporary asphalt surface: the running slope shall not exceed 1:20; the cross slope shall not exceed 1:50. The Contractor shall not be allowed any additional compensation for the installation and removal of temporary asphalt.
Should any change in these requirements be necessitated by extraordinary occurrences or requirements during the execution of the Work, the Contractor shall obtain prior written approval of the Engineer.
Add the following subsections:
2-5.4.2 TRAFFIC CONTROL PLAN - Traffic control plans have been included in the construction plan set and have been approved by Caltrans and the City of Los Angeles Department of Transportation for traffic control set-ups within their jurisdictions. The Contractor hereby understands and agrees that failure to adhere to, or deviation from, the approved traffic control plans, without prior approval of the Engineer, shall constitute a breach of Contract.
Full compensation for complying with the submittal requirements, furnishing, placing and removing traffic control shall be on a lump sum basis per the Contract Unit Price. 2-5.4.3 TEMPORARY PAVEMENT MARKINGS - Temporary pavement markers/striping shall be provided by the Contractor prior to leaving the Work site. These temporary markings shall be as follows:
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All temporary striping and signs shall be maintained, or replaced as necessary by the Contractor, until permanent striping are restored.
All costs associated with the above requirements shall be included in the Contract Unit Price for Traffic Control.
2-5.4.4 TEMPORARY “NO PARKING" SIGNS AND RESIDENTIAL NOTIFICATION- The Contractor is responsible to post "Temporary No Parking" signs at least seventy-two (72) hours in advance of the first date of work and the required enforcement. If work is to begin on either a Monday or Tuesday, the Contractor shall post the signs on a Friday. Each sign must include text indicating the beginning and end dates and the hours in effect. "Tow-Away" and "No Parking" must be shown on each sign face. If it is required to temporarily restrict parking 24 hours/day then "Tow-Away" and "No Parking Anytime" must be shown on each sign face. The signs shall be mounted on either 1” x 2” X 3’ high wood stakes, Type II barricades, or 39-inch-high delineators. Signs shall be spaced at approximately 100’ intervals on the effected side(s) of the street. Signs shall not be posted on trees, traffic signal poles, utility poles, streetlights, or any other street furniture.
Signs shall be professionally made of moisture-resistant, heavy-duty cardboard or other approved material. All signs shall be maintained by the Contractor and kept free of graffiti. Any sign that becomes illegible or is removed shall be replaced within twenty-four (24) hours. The Contractor shall only be permitted to restrict parking for the minimum time necessary to complete on-going work. The Contractor shall be responsible for removing and repost "Temporary No Parking" signs when work will be delayed for more than five (5) consecutive days, or if the work must go beyond the end date shown on the signs, or otherwise directed by the Engineer.
The Contractor shall obtain approval for the signs and the placement thereof from the Engineer.
Immediately after this approval and posting, the Contractor shall notify Los Angeles County Sheriff Department – Lomita Station, (310) 539-1661 for review and enforcement. The parking restriction cannot be enforced until the signs have been in place 48 hours and the Police notified.
The Contractor shall maintain said signs through the day of work and shall remove all of said signs on or within one (1) calendar day of the completion of work within the restricted parking area.
Regarding notification of residents affected by the street work, the Contractor shall post written notifications at the doors of all households and apartments affected by any type of work such as street closures and water shut offs. This notification shall be posted at least five business days in advance of any work.
Full compensation for furnishing, placing, maintaining, and removing temporary signs shall be considered as included in the Contract Unit Price for Traffic Control Add the following subsection:
2-5.4.5 TRASH PICK-UP
The Contractor shall ensure streets affected by the work are accessible to the City’s trash trucks.
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2-5.4.6 STREET CLOSURES, DETOURS, BARRICADES
In addition to the requirements of this subsection, the Contractor shall conform to the requirements for street closures, detours, and barricades as stipulated in the Special Provisions.
However, deviations from the requirements stipulated in the Special Provisions may be permitted upon written approval of the Public Works Director when such deviations are in the best interest of the City.
Replace the second paragraph with the following:
The Contractor shall notify the Public Works Department at (310) 325-7110, at least ten (10) working days in advance of closing or partially closing any street and comply with their requirements. In addition, the Contractor shall notify the Los Angeles County Sheriff’s Department, (310) 539 -1661 and Los Angeles County Fire Department at (310) 326-2461 at least two (2) working days in advance of such closing.
Add the following:
The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other devices necessary to control traffic as specified in the project plans, traffic control plans and these specifications. Materials for a temporary facility may be provided from new or used materials. If used materials are provided, they shall be sound, in good condition and otherwise meet the requirements of new materials. All traffic control devices shall be free of graffiti, and the Contractor shall be responsible to immediately clean and/or replace any device to the satisfaction of the Engineer.
Full compensation for furnishing, installing, maintaining and removing the above traffic control devices shall be considered as included in the Contract Unit Price for Traffic Control.
Where streets in which improvements are being constructed are specified hereinafter to be closed to through traffic, it shall be understood that such closures shall apply only to the portions of such streets where construction is actually in progress.
After award of the contract, the Contractor shall submit to the City its proposed schedule for closure based on the Traffic Control Plan and comply with the requirements specified herein.
This submittal shall be made sufficiently in advance (street closure schedules MUST be submitted ten (10) days prior to closing the affected street) of any rerouting or diversion of traffic by the Contractor to allow for a review of the Contractor's proposed traffic control by the Public Works Director.
2-5.4.7 PROJECT CONSTRUCTION SIGNS AND PORTABLE CHANGEABLE MESSAGE SIGNS - The Contractor shall furnish and install signs at locations to be determined by the Engineer. The signs shall be in accordance with City of Lomita Standard Plan No. T503.
The Contractor shall furnish and install two (2) Portable Changeable Message signs (PCMS) on the construction site for use during construction of the project and including two weeks prior to the start of construction. Each PCMS shall be manufactured by Solar Tech and be model MB2 (contact BC Rentals at (714) 279-6868 for information). The Contractor shall install a locking device on each PCMS to prohibit access to the computer keyboard. The Contractor shall provide to the Engineer the key or combination to each locking device and the computer password to each PCMS OR possess any equipment, on any working day, to enter or modify a E-5
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message for each PCMS as directed by the Engineer. Contractor shall relocate each PCMS as directed by Engineer at no additional cost to the City.
Full compensation for furnishing, installing, maintaining, and removing signs shall be on a lump sum basis as part of the Traffic Control Bid Item.
2-8 EXTRA WORK
Add the following:
Payment for additional work and all expenditures more than the Contract Price must be authorized in writing by the Engineer. Such authorization shall be obtained by the Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to obtain written approval from the Engineer for any change(s) in material or in the work proposed by suppliers or subcontractors. No payment shall be made to the Contractor for additional work which has not been approved in writing, and the Contractor hereby agrees that it shall have no right to additional compensation for any work not so authorized.
The Contractor shall be responsible to provide all data and to obtain all approvals required by the Specifications, including submittal of Daily Extra Work Reports. Disputed work claims shall comply with 2-8 as modified herein.
SECTION 3 – CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS.
3-7.1 General. Add the following sentence to the first paragraph to read as follows:
The Contractor shall maintain a set of Plans and Specifications on the Work site. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show as-built conditions. Upon completion of the Work, the Contractor shall submit the control set to the Engineer for approval. Final payment will not be made until this requirement is met.
Add the following subsections:
3-7.1.1 Plans. Included as part of the Contract Documents are the following, which show the location, character, dimensions, or details of the Work:
1) Project Plans
The plans and data provided with the Contract Documents are based on existing plans and documents. The plans and data are provided for information only. The Owner does not guarantee their accuracy and correctness. If the Bidder in preparing the Bid Proposal uses this information, the Bidder assumes all risks resulting from conditions differing from the information shown. The Bidder, in consideration for the information being provided, hereby releases the City, from any responsibility of obligation as to the accuracy of such information or for any additional compensation for work performed due to assumptions based on the use of such information.
2) Standard Plans
a. City of Lomita Standard Plans, latest edition
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b. Standard Plans for Public Works Construction, latest edition, promulgated by Public Works Standards, Inc.
c. Standard Plans of the State of California Department of Transportation (Caltrans), latest edition
d. City of Los Angeles Standard Plans, latest edition
3-7.1.2 SPECIFICATIONS. The Work shall be performed or executed in accordance with these Provisions and the following:
1) Standard Specifications for Public Works Construction, latest edition, and supplements thereto, hereinafter referred to as the Greenbook, as written and promulgated by Public Works Standards, Inc. The Greenbook is published by BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Phone:
(800) 873-6397.
2) Sections 56-2, 84, 85, 86 and 90-10 of the State of California Department of Transportation (Caltrans) Standard Specifications, latest edition. 3-7.2 Precedence of the Contract Documents. Replace the entire subsection with the following:
If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as follows:
1) Permits issued by other agencies.
2) Change Orders (including Plans and Specifications attached thereto). 3) Public Works Agreement
4) Addenda
5) Special Provisions
6) General Provisions
7) Plans
8) City Standard Plans
9) Other Standard Plans
10)Greenbook
11)Reference Specifications
With reference to the Plans/Drawings, the order of precedence is as follows:
1) Change Order plans govern over Addenda and Contract plans. 2) Addenda plans govern over Contract plans.
3) Contract plans govern over standard plans.
4) Detail plans govern over general plans.
5) Figures govern over scaled dimensions.
Within the Specifications, the order of precedence is as follows:
1) Change Orders
2) Permits from other agencies/Supplemental Agreements
3) Special Provisions
4) Instruction to Bidders
5) Referenced Standard Plans
6) Referenced Standard Specifications
If the Contractor, in the course of the Work, becomes aware of any claimed errors or omissions E-7
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in the Contract Documents or in the City's fieldwork, the Contractor shall immediately inform the Engineer. The Engineer shall promptly review the matter, and if the Engineer finds an error or omission has been made the Engineer shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order in accordance with subsection 2-8. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Engineer.
3-8 SUBMITTALS.
Submittals are required for the following:
• Construction Schedule
• Revised Traffic Control Plan (TCP) prepared by a registered Civil or Traffic Engineer in case of any deviation to the traffic control plan included in the drawing set.
Water Pollution Control Plan
Asphalt Concrete Mix Designs (Level Course and AC overlay) Concrete Mix Designs
Base Material Mix Design
Striping and Marking Materials
Pipe Materials
Pipe Fittings
Valves
Meters and Services Parts
Hydrant Assemblies
BMP’s
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Soil Sampling QA/QC Procedures and Results
As-Built Drawings
Manufacturer Product Warranties
Contractor’s Proposed Laydown Area
All Contractor submittals shall be carefully reviewed against the contract documents by an authorized representative of the Contractor, prior to submittal to the Engineer. A letter shall be included with each submittal stating the contract documents have been reviewed and the submitted product is correct for the project application and in strict conformance with the contract documents. The letter affidavit must be dated and signed by both the Contractor and the product manufacturer or service provider. In the case of shop drawings, each sheet shall be dated and signed for approval. No consideration for review by the Engineer of any Contractor submittals will be made for any items which are not accompanied by affidavit by the Contractor.
All submittals without an affidavit will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor.
The Engineer's review of Contractor submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. 3-12 WORK SITE MAINTENANCE.
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3-12.1 GENERAL. Add the following:
3-12.1 Temporary Light, Power, and Water. The Contractor shall obtain a construction water meter from the City. An $800 deposit is required and refundable upon return of the meter in good working condition. The Contractor shall pay for the water used, at the City’s current water rates.
3-12.1.2 Graffiti Removal. The Contractor shall maintain the Work, all its equipment, and all traffic control devices, including signage, free of graffiti throughout the duration of the Contract.
The Contractor shall respond to any request from the Engineer to remove graffiti within 4 hours of notification. Should the Contractor fail to respond to such a request, the City reserves the right to make other arrangements for the requested graffiti removal and deduct the cost from any monies due the Contractor.
3-12.4 STORAGE OF EQUIPMENT AND MATERIALS.
3-12.4.2 STORAGE IN PUBLIC STREETS. Add the following:
Contractor’s Storage Yard. The Contractor shall be responsible for obtaining a storage yard for the duration of the Work. If the proposed location of the yard is located within the boundaries of the City, the Contractor shall obtain prior approval from the Engineer. Contractors’ equipment will not be allowed to park overnight on any City Street. 3-13 COMPLETION, ACCEPTANCE AND WARRANTY. Add the following:
It is the intent of the Specifications that only first-class materials and workmanship will be acceptable. The Contractor shall take all necessary measures to protect Work from damage and prevent accidents and vandalism during all phases of the work.
Until the final acceptance of the Work by the City, by written action of the Engineer, the Contractor shall have the charge and care thereof and will bear the risk of injury or damage to any part of the Work by the action of the elements, vandalism, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and will bear the expense thereof.
If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance, the Engineer will so certify and will determine the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work. The Engineer may cause a Notice of Completion to be filed and recorded with the Los Angeles County Recorder’s Office. At the Engineer’s option, the Engineer may certify acceptance to the City Council who may then cause a Notice of Completion to be filed and recorded with the Los Angeles County Recorder’s Office.
Add the following subsection:
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3-13.4 Manufacturer’s Warranties. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility.
SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL- Add the following paragraph after the second paragraph:
The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship.
The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion.
Within this one-year period, the Contractor shall also restore to full compliance with the requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the City harmless from claims of any kind arising from damages due to said defects or noncompliance.
The security of this guarantee shall be in the form of a Maintenance Bond furnished to the City by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one-year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be 100 percent of the total amount earned to date as indicated on the final progress payment. The City reserves the right to withhold the retention until the Maintenance Bond has been accepted by the City.
The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice will cause the City to file a claim against the bond.
Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor.
If the work, or any portion thereof, shall be damaged in any way, or if any defective materials or faulty workmanship shall be discovered at any time prior to the final payment, the Contractor shall forthwith, at its own cost and expense, repair said damage, or replace such defective materials, or remedy such faulty workmanship in a manner satisfactory to the Engineer. 4-2 PROTECTION. Add the following:
The Contractor shall assume all risks and expense of interference and delay in his operations, and the protection from or the repair of damage to improvements being built under the contract, as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground or other sources. However, the Contractor shall be entitled to an extension of time in accordance with the provisions of Subsection 6-4. The Contractor shall also assume full responsibility and expense of protecting, or removing and returning to the site of Work, all equipment or materials under his care endangered by any action of the elements.
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Furthermore, the Contractor shall indemnify and hold the City harmless from all claims or suits for damages arising from his operations in dewatering the Work and control of water.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-7 SAFETY. Add the following:
5-7.2.4 PUBLIC SAFETY DURING NON-WORKING HOURS
Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the Engineer at Engineer's option after attempting to contact the Contractor may direct City Forces to perform any functions Engineer may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City.
In all cases the judgment of the Engineer shall be final in determining whether an unsafe situation exists.
5-7.2.5 WRITTEN COMMUNICATIONS
Contractor’s written communications, including letters, field memoranda, requests for substitution (RFS) and requests for information (RFI) shall be written in a clear and concise manner. RFSs and RFIs shall clearly describe the condition or issue of concern, the cause of the condition or issue and the proposed solution or specific question being posed to the Engineer. The contractor shall not be entitled to any delays or additional compensation as a result of issues that in the Engineer’s opinion originated with, or were exacerbated by, poor written communications by the Contractor.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Replace the entire subsection with the following:
6-1.1 General. Within ten (10) working days after the date of the City’s execution of the Contract, the Contractor shall submit a proposed construction schedule to the Engineer for approval. The schedule shall be in accordance with the Specification and these Special Provisions.
Prior to issuing the Notice to Proceed, the Engineer will schedule a Pre-Construction Meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination and clarify inspection procedures.
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City will not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide all required Contract bonds and evidence of insurance prior to commencing work.
6-1.2 Criteria. Construction schedules shall consider the following:
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1- TRASH COLLECTION. Trash pick-up days may vary. Contractor to allow access for trash pickup trucks pertaining to both cities of Los Angeles and Lomita. 2- TEMPORARY PAVEMENT MARKINGS; CAT-TRACKING AND STRIPING:
Reflective yellow and white “Tabs” MUST be installed following the installation of asphalt to indicate locations of lane lines, STOP limit lines, and all yellow crosswalks and shall be maintained until new striping is installed. Cat-tracking layout for final pavement markings shall be completed at least 48 hours prior to scheduled placement and the Engineer shall approve cat-tracking prior to final placement. Striping shall take place a minimum of seven (7) days after paving.
3- WORK HOURS. Work shall be performed between the hours of 7:00 A.M. and 4:00 P.M. unless otherwise approved by the Engineer. The Contractor will be allowed to work on Fridays when City Hall is scheduled to be closed. No work shall occur on Sundays or holidays. The following days are holidays: Memorial Day, Lomita City Founders Day (weekend of June 22-23, 2024), Independence Day, Labor Day, Veteran’s Day, Thanksgiving and the day after Thanksgiving as well as the days between Christmas Eve and New Years Day.
4- Coordination and special consideration shall be made to accommodate pedestrian and vehicle traffic related to Narbonne High School located at 24300 S Western Ave, Harbor City, CA 90710.
6-1.3 Compensation. Compensation for all scheduling activities will be made on the lump sum basis per the Contract Unit Price for “MOBILIZATON AND DEMOBILIZATION,” in the Bidder’s Proposal.
6-10 SEQUENCE OF CONSTRUCTION
6-10.1 Multiple Headings. In order to meet the contract schedule, the Contractor will be allowed to initiate and maintain two or more construction headings. However, the Contractor will not be allowed to have multiple phases of work occurring that have the corresponding traffic control devices in conflict with each other.
SECTION 7 - MEASUREMENT AND PAYMENT
7-2 LUMP SUM WORK
Add the following:
Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract.
7-3 PAYMENT
7-3.1 General
Revise paragraph one to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and E-12
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equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal:
Item No.1 Mobilization and Demobilization: Work under this item shall include the cost to secure bonds and insurance, movement of personnel, equipment, materials and incidentals to and from the project sites, securing a temporary construction yard, maintaining the project in a safe, clean and orderly manner during construction and final cleanup of the work and staging sites.
Included in this item are any costs associated with construction activities including construction survey required to conform to the notes on the construction plans.
Payment for “ Mobilization and Demobilization” shall be made at the lump sum price indicated in the Bid Sheets and progress payments shall be made upon the judgment of the Engineer as percent complete.
Item No.2 Traffic Control: It shall be the Contractor’s responsibility to prepare and provide final Traffic Control throughout the construction period. Final traffic control implementation shall be provided under the supervision of the Contractor with the concurrence of the Engineer.
The final TCP implementation by the Contractor shall conform to the requirements of the latest editions of California MUTCD, the WATCH Manual, and these Special Provisions and as approved by the Engineer. The full and normal responsibility for TCP implementation is the Contractor’s responsibility as if no plans are or were provided by the City.
An adequate number of flag persons shall be stationed at construction locations where traffic control is required including intersections of streets, wherever it is necessary to temporarily stop or detour traffic for the construction or the movement of materials and equipment. During the construction activity hours flaggers and workers shall wear bright orange vests and hardhats while working in or around the construction area. Traffic stoppages shall be limited to time periods approved by the Engineer. No intersection shall be closed for longer than 30 minutes without the approval of the Engineer. The TCP is considered to include trained flaggers used at both major and minor street intersections and or as recommended or required by the project inspector or Engineer without any additional compensation to the Contract.
It is anticipated that, from time to time, changes to the approved TCP may be needed due to unanticipated field conditions. The Contractor, if so directed by the Inspector or Engineer, shall adjust address any deficiency identified by City forces at no additional cost to the City.
Pedestrian and bicycle traffic must be provided for and maintained in a safe manner throughout the construction period. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the construction area.
Signs, lights, flags, flag persons, and other warning and safety devices shall conform to the requirements set forth in the current editions of the WATCH Manual and California MUTCD. If attention is directed to the existence of a hazard and Contractor fails to provide remediation, or, such devices as may be needed, said devices may be placed by the City. The cost of said E-13
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placement by the City, as for all TRAFFIC CONTROL, shall be the sole responsibility of the Contractor; said costs, if any, shall be deducted from the progress payment and from the total contract price for the work.
The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer.
At least one twelve foot (12') wide traffic lane shall always be provided for each direction of travel on all streets. The traffic lanes shall be maintained on pavement and shall remain unobstructed.
Clearances from traffic lanes shall be five (5) feet to the edge of any excavation and two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction, unless approved by the Engineer in writing in advance of such work.
Detouring is discouraged but will be considered for usage by the City. If approved, any detouring shall be accomplished by use of traffic signs, barricades, flag persons, etc. conforming to the requirements of the WATCH or California MUTCD, and the Engineer.
Payment for “Traffic Control” shall be made at the lump sum price indicated in the Bid Sheet.
The contract lump sum price for “Traffic Control” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the traffic control related work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the State Standard Specifications, SSPWC, and these Special Provisions, and as directed by the Engineer. The lump sum price shall also include steel plates and temporary AC including installation and removal, all associated temporary signing and striping, flashing arrow signs, PCMS signs, and flagging and/or flagger costs and no additional compensation will be made therefor.
Item No.3 Excavation Safety Measures: Excavation Safety Measure shall conform to Section 5-7 Safety of SSPWC.
Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs of providing a safe work site for public and workers as required to complete the work in place including shoring and all necessary trench safety measures required by OSHA.
Payment for “Excavation Safety Measures” shall be made at the lump sum price as indicated in the Bid Sheets.
Item No.4 Construction Surveying: Construction staking and monumentation shall conform to Section 3-10 Surveying of SSPWC.
Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post-construction corner records with the County, and other survey items as required to complete the work in place.
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Payment for “Construction Surveying” shall be made at the lump sum price indicated in the Bid Sheets.
Item No.5 Water Pollution Control (Includes BMP Installation and Maintenance): The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004 (included in Appendix VIII). Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in aforementioned Municipal NDPES Permit.
For this bid item, the contract unit price shall include, but not be limited to, all labor, tools, equipment, and material costs for installing and maintaining BMPs for water pollution control.
Additionally, this bid item shall cover the cost for the relevant submittals.
Payment for “Water Pollution Control (Includes BMP installation and Maintenance)” shall be made at the lump sum price as indicated in the Bid Sheets.
Item No.6 Re-establish Survey Monuments: Re-establish Survey Monuments shall conform to Section 3-10 Surveying and Section 400-2 Permanent Survey Markers of SSPWC.
Section 400-3 Payment shall be replaced with the following:
No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. Permanent survey marker will be restored by the contractor as its own expense and have no cost to the City.
Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, adjusting survey monuments, filing pre- and post-construction corner records with the County, re-establishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place.
Payment for “Re-establish Survey Monuments” shall be made at the lump sum price as indicated in the Bid Sheets.
Item No.7 Saw cutting: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for sawcut ting AC pavement, and all other work items as required to complete the work in place.
Payment for “Saw cutting” shall be made at the lump sum price as indicated in the Bid Sheets.
Item No. 8 Construct New 8” PVC C900 DR 18 Water Main, Including But Not Limited To Furnishing Of Fittings And End Caps. Construction Shall Be Per City OF Lomita Standards And Include Trenching, Bedding and Backfill: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for trenching, installing new water main and fittings, placing bedding, and backfilling trenches, and all other work items as required to complete the work in place.
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Payment for “Construct New 8” PVC C900 DR 18 Water Main, Including But Not Limited To Furnishing Of Fittings And End Caps. Construction Shall Be Per City OF Lomita Standards And Include Trenching, Bedding and Backfill” shall be made on a per linear foot unit price basis as indicated in the Bid Sheets.
Item No. 9 Construct New 8” PVC C900 DR 14 Water Main, Including but Not Limited To Furnishing Of Fittings And End Caps. Construction Shall Be Per City OF Lomita Standards and Include Trenching, Bedding and Backfill: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for trenching, installing new water main and fittings, placing bedding, and backfilling trenches, and all other work items as required to complete the work in place.
Payment for “Construct New 8” PVC C900 DR 14 Water Main, Including but Not Limited To Furnishing Of Fittings And End Caps. Construction Shall Be Per City OF Lomita Standards And Include Trenching, Bedding and Backfill” shall be made on a per linear foot unit price basis as indicated in the Bid Sheets.
Item No. 10 Provide and Install 8” Gate Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing the 8” gate valve assembly, and valve box assembly per City of Lomita Standard Plan W-150, temporarily lowering and/or covering the valve box to facilitate paving operation, reinstalling existing valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Provide and Install 8” Gate Valve” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No. 11 Furnish and Install Fire Hydrant Assembly per City of Lomita Standard Plan W-110: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing and installing the new hydrant and valve assembly per the City of Lomita Standard Plans W-110, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Furnish and Install Fire Hydrant Assembly Per City of Lomita Standard Plan W-110” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No. 12 Furnish and Install 1” Water Service, Connect to Existing Meter and Box:
Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing service, installing the new service to the existing meter and box per City of Lomita Standard Plan W-103, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Furnish and Install 1” Water Service, Connect to Existing Meter and Box” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No. 13 Cut Existing Water Line and Remove Interfering Portions. Plug with Concrete and Abandon: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for trenching, cutting, removing interfering portions, and plugging E-16
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the existing abandoned main, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Cut Existing Water Line and Remove Interfering Portions. Plug with Concrete and Abandon” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No. 14 Connect to Existing Water Main (Includes Installation of Transition Coupling, if Required Per Plans): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for excavation, cutting, installation, connecting, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Connect to Existing Water Main (Includes Installation of Transition Coupling, if Required Per Plans)” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No.15 Construct AC Pavement Base Course Including Subgrade and Base Preparation Per City of Lomita Trench Detail: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, placing, spreading and compacting the variable depth asphalt concrete leveling course and all other work items as required to complete the work in place.
Payment for “Construct AC Pavement Base Course Including Subgrade and Base Preparation Per City of Lomita Trench Detail” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.16 Cold Plane Asphalt Concrete (2”) Depth Per City of Lomita Trench Detail”:
Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, providing additional motorized street sweepers per Section 3-12.1, removal and disposal of pavement fabric if encountered, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place.
Cold mill operation shall conform to Section 404 and all applicable sections of the SSPWC and shall consist of all excavation required and directed by the Engineer.
Payment for “Cold Plane Asphalt Concrete (2”) Depth Per City of Lomita Trench Detail” shall be at the unit price bid per square foot. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in “Cold Mill Existing Pavement 2” including disposing of material removed and no additional compensation will be allowed therefor.
Item No.17 Construct AC Pavement Cap Per City of Lomita Standards: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, spreading, and compacting the asphalt concrete finish course and all other work items as required to complete the work in place.
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Payment for “Construct AC Pavement Cap Per City of Lomita Standards” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.18 Construct AC Pavement Base Course Including Subgrade and Base Preparation Per City of Los Angeles Trench Detail: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, placing, spreading and compacting the variable depth asphalt concrete leveling course and all other work items as required to complete the work in place.
Payment for “Construct AC Pavement Base Course Including Subgrade and Base Preparation Per City of Los Angeles Trench Detail” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.19 Cold Plane Asphalt Concrete (2”) Depth Per City of Los Angeles Trench Detail”: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, providing additional motorized street sweepers per Section 3-12.1, removal and disposal of pavement fabric if encountered, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place.
Cold mill operation shall conform to Section 404 and all applicable sections of the SSPWC and shall consist of all excavation required and directed by the Engineer.
Payment for “Cold Plane Asphalt Concrete (2”) Depth Per City of Los Angeles Trench Detail” shall be at the unit price bid per square foot. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in “Cold Mill Existing Pavement 2” including disposing of material removed and no additional compensation will be allowed therefor.
Item No.20 Construct AC Pavement Cap Per City of Los Angeles Standards: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place.
Payment for “Construct AC Pavement Cap Per City of Lomita Standards” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.21 Construct AC Pavement Base Course Including Subgrade and Base Preparation Per Caltrans Trench Detail: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, placing, spreading and compacting the variable depth asphalt concrete leveling course and all other work items as required to complete the work in place.
Payment for “Construct AC Pavement Base Course Including Subgrade and Base Preparation Per Caltrans Trench Detail” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.22 Cold Plane Asphalt Concrete (2”) Depth Per Caltrans Trench Detail”: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, providing additional motorized street sweepers E-18
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per Section 3-12.1, removal and disposal of pavement fabric if encountered, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place.
Cold mill operation shall conform to Section 404 and all applicable sections of the SSPWC and shall consist of all excavation required and directed by the Engineer.
Payment for “Cold Plane Asphalt Concrete (2”) Depth Per Caltrans Trench Detail” shall be at the unit price bid per square foot. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in “Cold Mill Existing Pavement 2” including disposing of material removed and no additional compensation will be allowed therefor.
Item No.23 Construct AC Pavement Cap Per Caltrans Standards: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for applying a tack coat, spreading, and compacting the asphalt concrete finish course and all other work items as required to complete the work in place.
Payment for “Construct AC Pavement Cap Per Caltrans Standards” shall be made on a per ton unit price basis as indicated in the Bid Sheets.
Item No.24 Construct PCC Bus Pad Including Dowel Installation, Subgrade and Base Preparation Per Caltrans Standards: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete bus pad per Section 201 and 302-6 of the SSPWC, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place.
Payment for “Construct PCC Bus Pad Including Dowel Installation, Subgrade and Base Preparation Per Caltrans Standards” shall be made on a square foot unit price basis as indicated in the Bid Sheets.
Item No.25 Replace Damaged Pavement Striping, Markings, Reflectors, and Legends:
Traffic striping, legend, and pavement markers within the area of work shall be installed in accordance with the improvement plan, the State Standard Specifications, Sections 84 and 85, Revised Standard Plans A20A to A20E, and Standard Plans A24A to A24F and Sections 214 and 314 of SSPWC.
Traffic striping, stop limit/crosswalk lines, and legend shall be thermoplastic unless otherwise called for on the plans. All pavement markers shall be adhered with “epoxy”; Bituminous adhesive will not be accepted.
Blue raised retro-reflective bidirectional pavement marker shall be installed 6 inches off the street centerline at each fire hydrant, on the fire hydrant side of the roadway per California MUTCD section 3B.11 and figure 3B-102 (CA). Installation of Blue Reflectorized Pavement Markers including Pavement Markers across fire hydrants shall be considered as included in the lump sum for this item of work.
Payment for “Furnish and Install Striping, Markings, Reflectors, Raised Pavement Markers” detailed on the plans shall be on a lump sum price basis and shall be considered full E-19
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compensation for furnishing labor, materials, equipment, and disposal to complete the construction, including installing traffic striping, pavement legends, markings, markers and blue raised markers for fire hydrant all in place as shown on plans and no additional compensation will be allowed therefor.
Item No.26 Soil Sampling if hazardous Soil is Encountered (As Needed Only): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for coring into the existing asphalt, taking soil samples, sample analysis, preparation of an analysis report, and all other work items as required to complete the work in place.
Soil sampling and testing shall be done by a qualified environmental consultant. Contractors shall prepare a soil sampling plan only after possible hazardous soil is found. Soil samples will only need to be collected if the soil excavated has apparent soil contamination or odor. If possible, soil contamination is encountered then the Contractor shall analyze for the following constituents:
• Total Petroleum Hydrocarbons GRO/DRO/ORO (EPA Method 8015B) • Volatile Organic Compounds (EPA Method 5035/8260B)
• Cam 17 Metals (6010B/7196A/7471A)
• WET STLC (EPA Method 6010B)
Payment for “Soil Sampling if Hazardous Soil is Encountered (As Needed Only)” shall be at the unit price bid per each. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, lab testing, and incidentals, and for doing all work involved in “Soil Sampling if Hazardous Soil is Encountered (As Needed)” including disposing of material removed and no additional compensation will be allowed therefor.
Item No.27 Excavation, Haul Away and Disposal of Hazardous Soil if Encountered (As Needed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for saw cutting, excavation, haul away, disposal, special handling requirements, hazardous dump fees, and all other work items as required to complete the work in place.
Payment for “Excavation, Haul Away and Disposal of Hazardous Soil if Encountered (As Needed)” shall be at the unit price bid per ton. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in “Excavation, Haul Away and Disposal of Hazardous Soil if Encountered (As Needed)” including disposing of material removed and no additional compensation will be allowed therefor.
Item No.28 Install Type D and E Traffic Signal Loop Detectors Per Caltrans Standard Plans ES-5B: Traffic loops that are damaged within the area of work shall be installed in accordance with the improvement plan, the State Standard Specifications, and State Standard Plans ES-5B.
Installation of Traffic Loops shall include the run from the loop to the pull box as required. It will also require full coordination with Caltrans since Western Ave is a State Controlled Highway.
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Payment for “Install Type D and E Traffic Signal Loop Detectors Per Caltrans Standard Plans ES-5B” shall be made on a per each unit price basis as indicated in the Bid Sheets.
Item No.29 Import, place and compact crushed miscellaneous base if hazardous soil is encountered (As Needed Only)”: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering, placing, compaction, grading, testing, and all other work items as required to complete the work in place.
Payment for “Import place and compact crushed miscellaneous base if hazardous soil is encountered (As Needed Only)” shall be at the unit price bid per ton. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in “Import place and compact crushed miscellaneous base if hazardous soil is encountered (As Needed Only)” including importing, grading and compaction and no additional compensation will be allowed therefor. 7-4.3 MARKUP. Replace the entire subsection with the following:
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order, and pickup or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the mark-up for all overhead and profit, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Subsections 3-7-
4.2.1, 7-4.2.2, and 7-4.2.3.
Labor
Materials
20 15
Equipment Rental 15
Other Expenditures 15
To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When any part of the extra work is performed by a subcontractor, the markup established in 7-4.2.1 shall be applied to the subcontractor’s actual cost of such work. A mark-up of ten (10) percent on the first $5,000 of the subcontracted portion of the extra work and a mark-up of 5 percent on work added more than $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups specified in parts (a) and (b) above shall be considered as including, but not limited to, the Contractor’s labor costs for personnel not working directly on the extra work, including the cost of any tools and equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are used in the performance of the extra work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of extra work performed.
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PART 2 - CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Replace the entire subsection with the following:
Untreated base for pavement, curb, gutter, cross gutter, bus pads, trench backfill, hardscape and other improvements shall be Crushed Miscellaneous Base conforming to 200-2.4. 201-1 PORTLAND CEMENT CONCRETE
The Portland cement concrete pavement class shall be: 520-A-2500.
SECTION 203 - BITUMINOUS MATERIALS
203-5.4 EMULSION - AGGREGATE SLURRY (EAS)
203-5.4.1 General. Replace the first sentence with the following:
Emulsion-aggregate slurry shall be a stable mixture of emulsified asphalt, mineral aggregate, water and retardant and is herein referred to as slurry. 203-5.4.2 Materials. Replace the entire subsection with the following:
The ingredients of the slurry shall conform to the following:
1) Emulsified asphalt shall be Polymer Modified cationic quick-set type, CQS-1h containing
2.5% minimum Ultrapave 65K styrene/butadiene/rubber latex as manufactured by Textile Rubber and Chemical Company or approved equal. CQS-1h shall conform to the requirement of 203-1.3 and the following specifications when tested according to appropriate ASTM methods:
TABLE 203-5.2(A)
CQS-1h QUICK SET EMULSION
Tests ASTM
Test
Requirements
Min. Max
Furol Viscosity @ 77F, sec. D244
D244
D244
15 100
Residue from distillation, % by weight
Sieve Test, % retained on No. 20
Particle Charge Test (Cationic)
Storage Stability; One-Day Settlement
60 Min.
10 Max.
Positive
D244 1% Max.
Residue
Penetration 0.1 mm
Solubility in TCE,
% Ductility, 77F,
D5
D2042
D113
45 80
97.5 Min.
40 Min.
E-22
Tuesday, November 05, 2024 Reg CC MTG, Page *910
Test for Polymer Content
Torsional Recovery, %
Polymer Solids Content, % by weight of Asphalt Solids
Caltrans 322
Caltrans 401
18.0 Min.
2.5 3.0
2) The Retarder for quick-setting emulsion and the asphalt modifier shall be a type approved by the Engineer. The amount of retarder and asphalt modifier to be included in the quick-set slurry shall be that amount necessary to ensure that the applied slurry can support vehicular traffic within 60 minutes after the last application. 3) Water shall be potable and compatible with the other ingredients of the slurry. 4) Aggregate shall be rock dust produced by the crushing of rock and gravel. The aggregate without any additive shall conform to the followingrequirements:
TABLE 203-5.2(B)
ASTM
METHOD
C131
D2419
C 88
TESTS REQUIREMENTS
Percentage Wear 500 Revolutions'
Sand Equivalent
Soundness (5 Cycles)
35% Maximum
55 Minimum
15% Maximum
1ASTM C131 to be run on plus four graded materials before final crushing. a) The Contractor shall provide an aggregate stockpile 24-hours prior to starting the work. Location to be approved by the Engineer if within City right-of-way. b) Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s) such that: (1) deliveries originate at the plant and arrive at the stockpile site within normal work hours on the same calendar day; (2) delivery site and project name are explicitly stated on each delivery ticket; (3) successive deliveries on the same calendar day show the cumulative total for that day; (4) copies of all delivery tickets shall be delivered to the Engineer before the end of the working day. Any delivery tickets not so delivered may be rejected by the CITY. Any deviation from this process must have the prior approval of the Engineer.
c) The Contractor shall furnish calibrated vehicle weigh scales at the stockpile site for use by the CITY. The portable scales will be utilized for inspection and all mixers shall be weighed prior to transit. All equipment and tools necessary for field measurement of the emulsion and aggregate by the CITY shall be furnished and maintained by the Contractor.
The Contractor shall be responsible for the initial setup of the weigh scales at the stock-pile site and all necessary relocations during the slurry seal operations.
E-23
Tuesday, November 05, 2024 Reg CC MTG, Page *911
The cost to furnish the vehicle scales, all equipment, and tools necessary for field testing shall be included in the Contract Unit Price for the Emulsion Aggregate slurry and no additional compensation shall be allowed. 203-6 ASPHALT CONCRETE
The asphalt pavement class and grade shall be:
Base Course: B-PG 64-10
Asphalt Concrete Cap: C2-PG 64-10
SECTION 209 – PRESSURE PIPE
209-4 PVC PRESSURE PIPE.
209-4.1 General. Add the following:
PVC pipe shall comply with AWWA C900. Unless otherwise specified on the Plans or Specifications, the minimum pipe wall thickness shall be equal to Pressure Class 235.
SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
All striping and markings on this project shall be thermoplastic per Section 214-5. Striping layout shall be restored to existing conditions.
SECTION 215 – MISCELLANEOUS POTABLE WATER DISTRIBUTION SYSTEM
MATERIALS
215-1 VALVES.
215-1.1 General. All valves and gates shall be new and of recent manufacture. The flanges shall be plain faced and shall conform in dimensions and drilling to ANSI B16.1 Class 125 or ANSI/AWWA C153. Each valve body shall be tested to a pressure equal to twice its design water working pressure, except that gate valves shall be tested in accordance with the requirements of AWWA C500.
All interior parts of valves manufactured of bronze or brass except valve stems, shall conform to the requirements of ASTM B62. Gate valve stems shall be of bronze, containing not more than 5 percent of zinc, not more than 2 percent of aluminum, and having a minimum tensile strength of 60,000 psi, a yield strength of 40,000 psi, and elongation of at least 10 percent in two inches, as determined from a test coupon poured from the same ladle from which the valve stems to be furnished are poured.
Except as otherwise provided, all ferrous surfaces (excluding non-corrosive surfaces) in the water passages of all valves, 4 inch and larger, shall be fuse coated with an epoxy coating in accordance with AWWA C550. All buried valves shall be provided with an exterior protective coating.
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Tuesday, November 05, 2024 Reg CC MTG, Page *912
Unless otherwise shown on the Plans, all in-line valves shall be furnished with mechanical ends.
215-1.2 Resilient-Seated Gate Valves. Gate valves, size 3 inches through 12 inches, shall be resilient seat, solid wedge, non-rising stem type equipped with “O” ring seals and conforming to AWWA C509. Gate valves shall be rated for 250 psi working pressure.
Valves shall have a 2-inch square operating nut or hand wheel, as shown on the Plans, and shall open with a counter-clockwise rotation of the operator.
Gate valves shall be Mueller A-2360 to match pipe size with flanged or mechanical ends. 215-1.8 Miscellaneous Small Valves. Miscellaneous small valves shall be as specified in the Plans or Specifications. Where not specifically labeled, valves smaller than 3-inch shall be lever-operated ball valves, as manufactured by The James Jones Company or approved equal. 215-1.9 Air and Vacuum Release Valves. Air and vacuum release valves shall be cast-iron body valves with bronze trim and stainless-steel float. They shall be APCO No. 144 Air and Vacuum Release Valves as manufactured by Valve and Primer Corporation, Chicago, Illinois, or approved equal.
215-1.10 Abandoning existing valves. All existing valves shall be abandoned by the Contractor unless otherwise noted on the plans. After pipelines have been tested and disinfected by Contractor, and accepted by City, and after City has completed all service connections and waterline connections, Contractor shall remove valve cans a minimum of 12" below finish grade, remove operating nut extensions, and fill valve cans with concrete.
Thereafter, Contractor shall sawcut existing asphalt concrete pavement (2' square section) around existing valve boxes, remove said asphalt concrete pavement or concrete and dispose of same at a legal disposal site, and place concrete or asphalt concrete pavement over abandoned valve boxes. Valve box caps and extensions shall be returned to the City. 215-2 Fire Hydrants. Fire hydrants shall be manufactured by The James Jones Company, Model J-3700 or J-3765 as shown on the Plans and shall conform to the requirements of AWWA C503. Each fire hydrant shall be assembled with a gray- iron 6-inch nominal diameter hydrant extension with break-away grooves and flanged ends, and a gray-iron 6- inch nominal diameter hydrant bury with top end flanged and bottom end having a mechanical joint connection.
Flanges shall be 6-hole pattern. The hydrant flange shall be connected to the extension by means of breakaway bolts in accordance with AWWA C110.
215-2.1 Abandoning Existing Fire Hydrants.
a. Existing fire hydrants shall be abandoned by Contractor unless otherwise noted on the plans. After pipelines have been tested and disinfected by Contractor, and accepted by City, Contractor shall remove fire hydrants and fire hydrant bury a minimum of 12" below finish grade and fill fire hydrant bury with concrete.
Thereafter, Contractor shall sawcut existing concrete at construction joints around abandoned fire hydrant bury, remove said concrete and dispose of same at a legal disposal site, and place concrete over abandoned fire hydrant bury.
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Tuesday, November 05, 2024 Reg CC MTG, Page *913
b. If existing fire hydrants are in an area without concrete, Contractor shall remove and replace in kind area around abandoned fire hydrant. c. The Contractor shall restore landscaping and existing improvements around abandoned fire hydrants.
d. The Contractor shall notify City Fire Department of the location of the fire hydrants that are out of service.
e. Hydrants to be delivered to the City of Lomita, Public Works Yard. 215-3 BLOW-OFF HYDRANTS. Blow-off hydrants shall be as manufactured by The John C. Kupferle Foundry Company, St. Louis, Missouri, Model Eclipse No. TF550 with 2-inch female iron pipe inlet. The Blow-off assembly shall include the 2” service line, 2” ball valve, and other appurtenances as indicated in City of Lomita Standard Plan W-124. 215-4 INSULATING COUPLINGS, BUSHINGS, AND UNIONS. Insulating couplings, bushings and unions shall be furnished to provide dielectric protection from electrolytic corrosion at all points where piping and fittings of dissimilar metals are joined, as manufactured by Smith Blair; Corrosion Control Products, Co.; or approved equal. Couplings, bushings, and unions shall be lined with an inert, non-conductive, linen impregnated material and threaded to NPS standards, with sufficient separation between pipe ends to prevent bridging.
215-4.1 Insulating Flange Kits. Kits shall be furnished as shown on the Plans and shall consist of a dielectric gasket, insulating sleeves and washers. a) Gaskets. Gaskets shall be Type "E" neoprene faced with phenolic material for operation between 20- and 150-degrees Fahrenheit per ANSI B16.21.
b) Insulating Sleeves. Insulating sleeves shall be 1/32-inch thick, full length, CE phenolic tubing for operation between 20- and 150-degrees Fahrenheit. For installation at threaded valve flanges, the sleeves shall be half-length. c) Insulating Washers. Insulating washers shall be laminated with CE phenolic for operation at ambient temperatures to be placed directly adjacent to the flange face.
Moisture, soil, or other foreign matter must be carefully prevented from contacting any portion of the mating surfaces prior to installing insulator gasket. If moisture, soil, or other foreign matter contacts any portion of the surfaces, the entire joint shall be disassembled, cleaned with a suitable solvent, and dried prior to re-assembly.
215-5 SERVICE LATERALS. New service laterals shall be Type K soft copper and shall conform to City of Lomita Standard Plan Nos. W-101, W-102, and W-103. Sizes of service laterals to be installed are as shown on the Plans.
No joints shall be made in service lateral runs without the Engineer’s approval. All joints so allowed shall be silver-solder joints.
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Tuesday, November 05, 2024 Reg CC MTG, Page *914
215-6 FLEXIBLE COUPLINGS. Unless otherwise specified, flexible couplings shall conform to the following:
1) Each coupling shall consist of one steel middle ring, two steel followers, gaskets, and sufficient numbers of Type 316 stainless steel bolts to compress the gasket without distorting the followers.
2) The thickness of the middle ring shall be such that the stress in the steel shall not exceed 50 percent of the yield point when subjected to the hydrostatic test pressure of the pipeline. The pressure rating shall be no less than the indicated design pressure. The middle ring thickness shall not be less than the thickness of the pipe jointed.
3) Middle rings shall be cold expanded a minimum of one-percent increase in diameter to test the weld and the size of the proper dimension. 4) The middle rings shall be coated with Keysite 740 or approved coating to a minimum dry film thickness of 10 mils. Follower rings shall be coated with a compatible shop coat for field coating.
5) Bolts shall be 5/8-inch diameter carriage bolts with hexagon nuts. The steel shall have a minimum yield strength of 40,000 psi.
6) Buried coupling shall be coated with fusion bonded epoxy and provided with Type 316 stainless steel bolts and nuts.
7) Provide thrust ties where shown and where required to restrain the force developed by 1-1/2 times the operating pressures specified. Attach thrust ties to ductile iron pipe with socket clamps against a grooved joint coupling or flange. 8) Flexible couplings shall be by one of the following manufacturers: Baker, Dresser, Rockwell, or Ford.
E-27
Tuesday, November 05, 2024 Reg CC MTG, Page *915
PART 3 - CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. Replace the entire subsection with the following:
Unless otherwise stated in the Plans or Specifications, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner.
Removals shall include, but not limited to, all excess excavation material, trees and plants, debris, interfering portions of curb, gutters, asphalt and PCC concrete pavements and sidewalks (including base, where applicable), and miscellaneous items as shown on the Plans. The Contractor shall conform to the following requirements:
1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the Engineer.
2) The Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location. 3) The Contractor shall not remove on-site improvements until it is prepared to construct the adjacent street section and shall promptly restore all such improvements as applicable, upon completion of the adjacent street work.
All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed.
The limits for sidewalk, curb and gutter and driveway shown on the plans are approximate.
The actual removal and/or construction limits shall be as marked and/or directed by the Engineer in the field.
To protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route.
Add the following subsection:
300-1.5 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING.
GENERAL. Consistent with the City’s efforts to comply with the California Integrated Waste Management Act of 1989 (AB 939), the Contractor shall reduce, reuse, and/or recycle to the maximum extent feasible, the construction and demolition debris (debris) generated by this E-28
Tuesday, November 05, 2024 Reg CC MTG, Page *916
The contract hereby diverting the debris from disposal facilities, saving landfill space, and conserving virgin materials and natural resources.
RECYCLING SUMMARY. The Contractor shall file with the City Engineer, prior to the acceptance of the work, a Recycled Materials Certificate using the Recycling Summary form on Appendix III. The Recycled Materials Certificate list all recycled materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material origination location, e) Material deposition location.
UNCLASSIFIED EXCAVATION.
300-2.2 Unsuitable Material.
300-2.2.1 GENERAL. Add the following:
Unclassified excavation shall include excavating, removing, hauling, and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new improvements. Removal of asphalt concrete, aggregate base, and native soil shall be made at the locations shown on the plans, or as specified in the field by the Engineer.
If unsuitable material is found, the Contractor shall remove said material to the limits to be determined by the Engineer and shall replace said material with select fill or base material, as to be determined by the Engineer.
Payment for unsuitable material excavation and backfill shall be measured and paid for as Unclassified Excavation and Crushed Aggregate Base, respectively.
SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade - Add the following:
All surface utility covers (even those to be adjusted to grade by others) shall be located in the field prior to beginning any work on this project. The Contractor shall remove existing concrete pads or collars that might interfere with the adjustment of the valve cover to the grade of the asphalt concrete surface. Any damage to existing utility systems or appurtenances by the Contractor shall be replaced at the Contractor's expense.
The Contractor shall also be responsible for coordinating his work with the various utility agencies that will be required to adjust their own surface utility covers to grade as noted on the plans. This includes tying out their covers and notifying all surface utility agencies prior to performing any work that will affect their facilities. If the required adjustment of the agency E-29
Tuesday, November 05, 2024 Reg CC MTG, Page *917
adjusted utility covers will impact the Contractor’s subsequent work then the Contractor shall coordinate his work schedule and/or perform follow up work to ensure that the quality of the final product is not compromised.
Refer to subsection 301-1.6.1 of these Special Provisions for adjustment of Los Angeles County Sanitation District manhole covers. Other surface utility covers within the area to be paved or graded shall be set to finish grade by the Contractor in accordance with 302-5.8 unless otherwise specified.
301-1.6.1 ADJUSTMENT OF LOS ANGELES COUNTY SANITATION DISTRICT (CSD) MANHOLES TO GRADE.
When County Sanitation Districts (CSD) manholes must be adjusted to new grade, the work will be done by CSD in conjunction with the Contractor pursuant to the following procedures:
1. The Contractor shall notify CSD’s Superintendent of Maintenance at (310)638-1161 a minimum of three (3) working days prior to the start of any work involving CSD manholes.
2. If grade over manhole is to be lowered:
a. The Contractor shall furnish and deliver a temporary steel cover plate of adequate thickness and size approved by CSD for the manhole. b. The Contractor shall excavate around the manhole to a depth and distance outside of the manhole as required for CSD to remove the manhole frame and cover.
c. CSD will remove the manhole frame and cover and the interfering portion of the manhole shaft and place the cover plate over the manhole. d. The Contractor shall store and protect the frame and cover and fill and/or pave over the cover plate to final grade.
e. The Contractor shall remove the pavement and/or fill as required for CSD to raise the manhole to final grade. Pavement and/or fill shall be removed to a minimum depth of not less than 6 inches below final grade and 12 inches around the manhole if the cover plate is more than 6 inches below final grade.
f. CSD will raise the manhole and set the frame and cover to final grade. g. The Contractor shall backfill and compact and complete the pavement around the manhole.
3. If grade over manhole is to be raised:
a. The Contractor shall fill and/or pave directly over the manhole frame and cover to final grade.
b. Repeat steps e. through g. of Item 2 above.
The Contractor shall be responsible for furnishing, placing, and maintaining barricades and lights as necessary to protect the public from danger due to the work being performed.
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301-1.7 Payment. Replace the first last three paragraphs with the following:
Payment for adjusting sewer or storm drain manhole frames and covers to grade shall be included in the various items of bid and shall include all labor, tools, equipment, and materials necessary for doing the work. No other compensation will be allowed.
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
306-1 GENERAL. Add the following:
All trenches shall be sawcut to the bottom of the existing concrete or asphalt section to minimize damage to adjacent pavement. The bottom of the trench shall be excavated uniformly to the grade of the bottom of the pipe and shall be given a final trim using a string line for establishing grade, such that each pipe section when first laid will be continually in contact with the ground along the extreme bottom of the pipe.
Tunneling shall be performed under existing curb, gutter and cross-gutter as shown on the Plans. The Contractor shall exercise caution and care to prevent any damage in tunneling under these structures. There shall be no additional payment for this tunneling work.
Payment for this work shall be included in the Contract Unit Price for the installation of the main pipeline, Meter Installation, Air/Vacuum Valve Assembly, or Blow-off Valve Assembly as appropriate.
306-3.3 REMOVAL AND ABANDONMENT OF EXISTING CONDUITS AND STRUCTURES.
Add the following:
306-3.3.1 ABANDONING EXISTING WATER MAINS. The Contractor shall remove existing water mains and appurtenances from service at the locations shown on the Plans or as directed by the Engineer. Water mains specified to be abandoned in place, 12 inches in diameter and larger shall be filled with cement grout and have their ends cut, plugged, and capped. Water mains specified to be abandoned in place, 10 inches in diameter and smaller shall have their ends cut, plugged with concrete, capped, and left intact. 306-3.3.2 ABANDONING WATER SERVICES. The Contractor shall abandon water services at the locations as shown on the Plans and in accordance with the following requirements:
1) The Contractor shall cut and disconnect, at the meter boxes and at the mains, all existing service lines, which are connected to the existing water mains to be abandoned in place.
2) The Contractor shall remove the meter and deliver to the City yard. 3) The Contractor shall remove and dispose of the existing meter box. 4) All existing corporation stops shall be turned off, service lines disconnected, and corporation stops capped.
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Tuesday, November 05, 2024 Reg CC MTG, Page *919
5) The Contractor shall backfill the cavity and restore the surface to match the surroundings.
306-3.4 MAXIMUM LENGTH OF OPEN TRENCH
The contractor shall excavate open trench 100 feet ahead of pipe laying operations to allow any adjustment in grade necessary to resolve unforeseen utility conflicts.
All trenches shall be backfilled and have 3” temporary pavement installed or covered with steel traffic rated plated each working day, The last twenty (20) feet of each trench may be open provided that this length is covered with traffic rated plating. Steel plates shall be nonskid and shall be tacked down or spiked and placed flush with the surrounding pavement.
The Contractor shall be required to place temporary AC at the edges of the steel plates.
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Tuesday, November 05, 2024 Reg CC MTG, Page *920
SECTION F
CONTRACT PLANS
E-33
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APPENDIX I
CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING SUMMARY
Tuesday, November 05, 2024 Reg CC MTG, Page *922
Tuesday, November 05, 2024 Reg CC MTG, Page *923
APPENDIX II
CITY BUSINESS LICENSE APPLICATION
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Tuesday, November 05, 2024 Reg CC MTG, Page *925
APPENDIX III
CITY OF LOMITA
WATER STANDARD PLANS
Tuesday, November 05, 2024 Reg CC MTG, Page *926
6 TRENCH WIDTH
24" MIN 12" 12"
EXISTING ASPHALT
CONCRETE SAWCUT
5 4
.
1" THICKER THAN EXISTING MIN.
6 " 1
VARIES 2
2" WIDE WATER LINE
WARNING TAPE
12 "
3 3
NO. 12 INSULATED
CAP WIRE TAPED TO PVC PIPE
6 "
6 " 6 "
NOTES:
1 2
CONSTRUCT NEW CRUSHED AGGREGATE BASE (CAB) OR CRUSHED MISCELLANEOUS BASE (CMB), SHALL MATCH THE EXISTING BASE THICKNESS, OR 6-INCHES, WHICHEVER IS GREATER AND SHALL BE COMPACTED TO 95% RELATIVE DENSITY. THIS REQUIREMENT SHALL ALSO APPLY OVER SLURRY BACKFILLS UNLESS OTHERWISE APPROVED BY THE ENGINEER.
BACKFILL SHALL BE EITHER:
A. CRUSHED AGGREGATE BASE
B. CRUSHED MISCELLANEOUS BASE
C. TWO SACK CEMENT SAND SLURRY
COMPACTION TO 90% RELATIVE DENSITY WHEN SLURRY BACK FILL IS NOT USED. COMPACTION TESTING (USING CITY APPROVED METHOD) IS REQUIRED UNLESS SLURRY IS USED. ASPHALT CONCRETE PAVING WILL OCCUR NO SOONER THAN 42 HOURS AFTER SLURRY BACKFILL OF TRENCH.
BACKFILL FOR NARROW TRENCHES PER SECTION 306-12.2 OF THE LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK")
SOIL TESTING MAY BE REQUIRED TO BE PROVIDED TO THE CITY INSPECTOR ON A CASE-BY-CASE BASIS. 3 FINE SAND BEDDING HAND TAMP OR MECHANICAL TAMPING AT 12" MAX LIFTS. 4 5
CONSTRUCT NEW ASPHALT CONCRETE BASE COURSE, TYPE B, PG 64-10, 1" THICKER THAN EXISTING SECTION.
CONSTRUCT NEW ASPHALT CONCRETE WEARING COURSE, TYPE C2, PG 64-10 THE TOTAL THICKNESS OF 4 + 5 SHALL BE 6" MINIMUM. ASPHALT CONCRETE LAYERS SHALL BE COMPACTED TO 95% RELATIVE COMPACTION 6 7
UPON COMPLETION OF BACKFILLING THE TRENCH, ASPHALT CONCRETE BASE COURSE SHALL BE INSTALLED FLUSH WITH THE EXISTING PAVEMENT. NO SOONER THAN 14 CALENDAR DAYS AFTER COMPLETION OF AFOREMENTIONED ASPHALT CONCRETE BASE COURSE IT SHALL BE COLD PLANED TO 2 INCH DEPTH ENTIRE LENGTH OF THE TRENCH UNLESS OTHERWISE APPROVED BY THE CITY INSPECTOR. A NEW ASPHALT CONCRETE WEARING COURSE SHALL BE INSTALLED FLUSH WITH THE ADJACENT SURFACE.
ALL UTILITIES TO BE INSTALLED BENEATH PUBLIC STREETS, INTERSECTIONS, AND STREET CROSSINGS (LOCAL STREETS EXCEPTED) SHALL BE BORED UNLESS OTHERWISE APPROVED BY THE CITY INSPECTOR. IF OPEN CUTTING OF A STREET IS ALLOWED, REPAIR OF THE STREET SHALL BE IN ACCORDANCE WITH THIS STANDARD PLAN.
8 9
ALL TRAFFIC STRIPING AND/OR MARKINGS REMOVED BY THE RESTORATION WORK SHALL BE REPLACED.
ALL WORK SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK").
10 IF UNSTABLE SOIL IS ENCOUNTERED, THE CITY INSPECTOR SHALL DETERMINE OVER EXCAVATION DEPTH AND FOUNDATION RE-FILL MATERIAL PER CITY DIRECTION.
APPROVED:
WATER MAIN TRENCH DETAIL
Mark McAvoy, P.E.
CITY OF LOMITA Director of Public Works
Drawn:
Date:
DRAWING NO.
Scale: N.T.S.
JAN 2017
W-100 PUBLIC WORKS DEPARTMENT
Tuesday, November 05, 2024 Reg CC MTG, Page *927
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APPENDIX IV
CITY OF LOS ANGELES
U PERMIT
Tuesday, November 05, 2024 Reg CC MTG, Page *992
GENERAL DEPOSIT
EXCAVATION AND CLASS "A" PERMANENT
RESURFACING APPLICATION / PERMIT
This Permit has Supplemental Permit(s) with Reference No. 2023002016 APPLICANT JOB Sq. Ft. 6,622.50
ITEM QUANTITY UNIT RATE FEE $
$0.00
Onward Engineering - For the City of Lomita ,
ADDRESS
300 S Harbor Boulevard Suite 814
CITY
Anaheim
REQUEST PREPARED BY
Justin Smeets
U-Permit 1 EA $191.00
Excavation
<= 1,000
U-Permit ZIP
92805
TELEPHONE
7146448362
TELEPHONE
0.0 Hrs $149.00 $0.00
Special Eng
Fee
Special 0.0 Hrs $95.00
0.0 Hrs $95.00
$0.00
$0.00
(714) 644-8362
Inspec. Fee
Overtime ALL WORK MUST BE DONE IN ACCORDANCE WITH THE LATEST ADOPTED EDITION & SUPPLEMENTS OF THE STANDARD SPECIFICATIONS FOR PUBLIC Inspec. Fee WORKS CONSTRUCTION, THE LATEST REVISION OF THE BROWN BOOK, AND Inspection 6,622.50 SQ FT BSS Peak Blvd II EA $257.00
Hr. (Major
Cost Cost
$257.00
THE WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH MANUAL).
JOB ADDRESS
24817 Western Avenue Comp.Fee Highway -
Los Angeles, CA 90717 Class II)
JOB DESCRIPTION: LADOT
Peak Hr.
Blvd II EA $0.00 $0.00
The scope of work includes trenching and installation of 8" DR 14 PVC (Major pipe along 246th St, 247th St, 247th Pl, 248th St, Lomita Blvd, and Comp.Fee Highway - Class II)
33,270.29 Sq. Ft.
Western Ave (local street) within the jurisdiction of the City of Los Angeles only. Work will also include potholing, pavement restoration, Street $318,247.20 $18.50
and striping as necessary to restore the existing surface conditions. Damage SDRF 1 EA $18.50
1 EA
Permit Cuts: Admin. Fee
No. L x W x On Street Cross SDRF Sq SDRF Fee Surface
Ft
Backfill SDRF $2.30
D Street Admin.
Surcharge
CONST
18 315.00 246TH WESTERN 3,916.66 $32,273.30 Street
Asphalt
Concrete
CMB
CMB
CMB
0 Lanes 0 Days $0.00
$0.00
(ft)
MGMT x 2.50
(ft) TRAFFIC
FEE x 4.00
Dev Srvc 3.00%
7.00%
(ft)
Sur
23 298.00 WESTERN 246TH 3,711.79 $30,585.16 Street
Asphalt
Concrete
(3.00%)-
(ft)
x 2.50
(ft)
Min $1
Equip & $17.99
Training Sur x 4.00 (7.00%)- (ft) Min $1
26 308.00 247TH WESTERN 3,832.30 $31,578.18 Street
Asphalt
Concrete
TOTAL FEE $318,542.99 (ft)
x 2.50
(ft)
x 4.00
(ft)
JOB NO.
DRAWING NO.
ACCOUNT NO.
U.S.A. NO.
LOCATOR CODE
THOMAS GUIDE PAGE 793:3:J
Tuesday, November 05, 2024 Reg CC MTG, Page *993
INSPECTION REPORT
No Inspection records found.
28 273.00 WESTERN 247TH
(ft)
x 2.50
(ft)
3,410.51 $28,102.60 Street
Asphalt
Concrete
CMB
x 4.00 INSPECTION REMARKS:
(ft) MUST CALL FOR INSPECTION : (213)485-5080
BEFORE, DURING, AND AFTER CONSTRUCTION
29 277.00 WESTERN 247TH 3,458.71 $28,499.81 Street
Asphalt
Concrete
CMB
CMB
CMB
CMB
Slurry
Slurry
(ft)
x 2.50
(ft)
x 4.00
(ft)
30 303.00 247TH WESTERN 3,772.05 $31,081.67 Street
Asphalt
Concrete
(ft)
x 2.50
(ft)
x 4.00
(ft)
31 241.00 WESTERN 248TH 3,024.87 $24,924.92 Street
Asphalt
Concrete
(ft)
x 2.50
(ft)
x 4.00
(ft)
32 295.00 248TH WESTERN 3,675.64 $30,287.25 Street
Asphalt
Concrete
(ft)
x 2.50
(ft)
x 4.00
(ft)
38 305.00 LOMITA WESTERN 3,937.50 $76,545.00 Street
(ft) Asphalt
x 2.50 Concrete
(ft)
x 4.00
(ft)
39 34.00 WESTERN 249TH 530.26 $4,369.31 Street
Asphalt
Concrete
(ft)
x 2.50
(ft)
x 4.00
(ft)
IS THIS WORK RELATED TO A CITY NOTICE OF PROPOSED No
No
IMPROVEMENT?
IS STREET NOW UNDER CONSTRUCTION?
Greater than 1000 sq. ft.
ISSUED BY:
Chinh Dinh
Reference Number
Permit Number
2022003227
U-2386-0006
Tuesday, November 05, 2024 Reg CC MTG, Page *994
W.O. NO. UR600984 /
Date Issued 01/06/2023
08/28/2023
07/25/2023
Note:
Date Expires City of Lomita is working on
this permit extension Work to be Completed by:
GENERAL CONDITIONS:
1. PRE-INSPECTION MEETING: THE PERMITTEE SHALL CONTACT THE BUREAU OF CONTRACT ADMINSTRATION (INSPECTION) AT (213) 485-5080 FOR A PRE-INSPECTION MEETING PRIOR TO THE START OF WORK. THE FINE FOR WORKING WITHOUT REQUESTING INSPECTION IS $4,000. (LAMC 62.61(e)(1)).
2. UTILITIES HAVE ONLY BEEN CHECKED TO THE EXTENT OF 10-FT ON BOTH SIDES OF THE TRENCH IN THIS PLAN.
3. RECENTLY RESURFACED STREET: THE ISSUANCE OF THIS PERMIT DOES NOT GRANT THE PERMITTEE PERMISSION TO
PROCEED TO CUT, EXCAVATE OR DAMAGE A STREET PAVEMENT WHEN THE STREET, THROUGH SITE OBSERVATION, APPEARS TO BE RECENTLY RESURFACED. IN SUCH A CASE, THE PERMITTEE SHALL NOT PROCEED WITH ANY OF THE PERMITTED WORK AND MUST IMMEDIATELY CONTACT THE BUREAU OF ENGINEERING DISTRICT OFFICE THAT ISSUE THE PERMIT. IF THE
PERMITTEE PROCEEDS TO WORK WITHOUT CONTACTING THE BUREAU OF ENGINEERING DISTRICT OFFICE, ANY DAMAGE TO
A STREET RESURFACED WITHIN ONE YEAR WILL REQUIRE THE PERMITTEE TO REPAVE THE ENTIRE STREET WIDTH FROM BLOCK TO BLOCK.
4. INSPECTION: BCA INSPECTION (bca.lacity.org/dispatch) MUST BE REQUESTED NO LATER THAN NOON OF THE PRECEDING WORK DAY.
5. PERMIT ON SITE: A COPY OF THIS PERMIT MUST BE ON THE JOB SITE AT ALL TIMES. THE FINE FOR NOT HAVING THIS PERMIT ON SITE IS $500/DAY (LAMC 62.61(e)(1)).
6. UNDERGROUND SERVICE ALERT (USA): CALL USA AT LEAST 48 HOURS PRIOR TO START OF WORK: 1-800-277-2600.
7. 48 HOURS NOTICE: AT LEAST 48 HOURS PRIOR TO THE START OF WORK, CALL BSL AT (323) 913-4721 AND DOT TRAFFIC SIGNAL CONSTRUCTION AT (213) 473-8468.
8. ONCE PERMITTED EXCAVATION WORK HAS BEGUN, IT MUST BE DILIGENTLY PROSECUTED TO COMPLETION, AND MUST BE COMPLETED BY THE COMPLETION DATE LISTED ON THE PERMIT.
9. CHANGES: ALL CHANGES TO PLAN OR PERMIT MUST HAVE PRIOR APPROVAL BY THE CITY'S BUREAU OF ENGINEERING
10. LIABILITY: THE PERMITTEE WILL HOLD THE CITY OF LOS ANGELES HARMLESS FOR ANY INJURY OR HARM CAUSED BY THE PERMITTE'S WORK PERFORMED BY THIS PERMIT.
11. AC RESURFACING: ANY TRENCHING AND RESURFACING IN STREET ASPHALT SHALL BE PER LATEST VERSION OF LA CITY STANDARD PLAN S-477.
12. JOB SITE MAINTENANCE: THE JOB SITE (INCLUDING TEMPORARY RESURFACING) MUST BE MAINTAINED BY THE PERMITTEE
UNTIL PERMANENT RESURFACING IS COMPLETED
13. TEMPORARY RESURFACING: ALL PERMANENT RESURFACING MUST BE COMPLETED WITHIN 3 WEEKS OF THE TEMPORARY RESURFACING.
14. ASPHALT TAGS: ALL PERMANENT RESURFACING MUST BE IDENTIFIED BY AN APPROVED MARKER/TAG IDENTIFYING PERMITTEE AND THE YEAR THE WORK WAS COMPLETED. TAGS ARE TO BE PLACED AS CLOSE TO THE CURB AS POSSIBLE. FOR EXCAVATIONS LESS THAN 50' LONG, ONLY ONE TAG SHOULD BE PLACED IN THE MIDDLE. FOR LONGER EXCAVATIONS, TAGS SHOULD BE PLACED AT 50' INTERVALS AND AT BOTH ENDS.
15. EXPIRED PERMITS: IF WORK HAS NOT BEGUN WITHIN 6 MONTHS FROM DATE OF ISSUANCE, THE PERMIT WILL BE CANCELLED. (LAMC 62.02)
16. SATURDAY WORK: FOR PERMITS WHERE WORK IS ALLOWED ONLY ON SATURDAY, TRENCHES AND/OR EXCAVATIONS THAT
CANNOT BE COMPLETELY BACKFILLED AND RESURFACED IN THE SAME DAY, MUST BE COVERED WITH STEEL PLATES WHICH SHALL BE RECESSED TO FINISHED SURFACE GRADE BY COLD MILLING TO PREVENT MOVEMENT, NOISE, OR VIBRATION.
17. DECORATIVE IMPROVEMENTS: PERMITTEE SHALL STOP WORK AND CONTACT THE BUREAU OF ENGINEERING PRIOR TO
CUTTING OR EXCAVATING ANY DECORATIVE SIDEWALK, PAVEMENT, OR CROSSWALK, UNLESS ALREADY ADDRESSED IN THE PERMIT OR PLANS. ANY UNAUTHORIZED DAMAGE TO THE DECORATIVE SIDEWALK, PAVEMENT, OR CROSSWALK MUST BE
REPAIRED OR RECONSTRUCTED IN KIND BY THE PERMITTEE, AS DIRECTED BY THE BUREAU OF ENGINEERING, IN A MANNER SATISFACTORY TO THE INSPECTOR OF PUBLIC WORKS.
18. ISSUANCE OF THIS PERMIT DOES NOT INVALIDATE THE NEED TO GET APPROVALS OR PERMITS FROM OTHER Tuesday, November 05, 2024 Reg CC MTG, Page *995
From:
To:
Chinh Dinh
Justin Smeets
Cc: Sam Sampat; Maribelle Dumlao; Jemmie Tam; Nazila Cruz; Kelly Wong; [email protected]; Frederic Aboujaoude; Lomita
Subject:
Date:
Attachments:
Re: FW: ACH Form for Permit Payment
Wednesday, January 17, 2024 12:51:35 PM
image001.png
Hi Justin,
The permit already expired after 9/16/2023. However, we can honor a one-time extension of up to 6 months for this permit. Upon our extension, the permit will not be regarded as expired if inspection logs for construction activities are continuously recorded by our city inspector(s).
Please make sure to let us know when you aim to construct the work or get ready for the bid so that we can extend it for you. Thank you, Justin.
************************************************************************* Greetings from the Central District office:
The Bureau of Engineering (BOE) has developed a new online Customer Service Request (CSR) application to assist constituents with anything related to BOE permits or processes and clearances for LADBS building permits. Please go to the BOE Customer Portal, HERE to submit your request.
In order to submit a request, all customers must register or log in to the Customer Portal.
Beginning January 25, 2021, all such requests must be submitted to the CSR, as BOE staff will no longer respond to questions or requests received by the BOE general office email or telephone numbers.
Thank you,
Central District Office
************************************************************************* Thank You,
Chinh D. Dinh, PE, ENV SP
Central District Office | Civil Engineering Associate III Bureau of Engineering | Department of Public Works
201 N Figueroa Street, 3rd Floor
Los Angeles, CA 90012
Mail Stop 503
Office: (213) 659-9392
On Wed, Jan 17, 2024 at 11:42ꢀAM Justin Smeets <[email protected]> wrote:
Hi Chinh,
Happy New year to you and I hope you are doing well. I wanted to provide another update on this project. The project is finally ready to go out to bid. We are checking to see if there is anything Tuesday, November 05, 2024 Reg CC MTG, Page *996
APPENDIX V
CALTRANS
ENCROACHMENT PERMIT
Tuesday, November 05, 2024 Reg CC MTG, Page *997
/PUFꢀꢁ
$JUZꢁPGꢁ-PNJUBꢁJTꢁXPSLJOHꢁPOꢁ
UIJTꢁQFSNJUꢁFYUFOTJPOꢁ
Tuesday, November 05, 2024 Reg CC MTG, Page *998
Tuesday, November 05, 2024 Reg CC MTG, Page *999
Tuesday, November 05, 2024 Reg CC MTG, Page *1000
Tuesday, November 05, 2024 Reg CC MTG, Page *1001
Tuesday, November 05, 2024 Reg CC MTG, Page *1002
Tuesday, November 05, 2024 Reg CC MTG, Page *1003
Tuesday, November 05, 2024 Reg CC MTG, Page *1004
APPENDIX VI
POTHOLING REPORT
Tuesday, November 05, 2024 Reg CC MTG, Page *1005
Utility Locating
Radiography
Potholing
Mapping
GPR
Date: April 10, 2023
Technician: Gilbert Vargas
Project Name:
Project Address:
C Below Project No.
247th Street Area Water Pothole Report
247th St Lomita, CA
22-4767
www.cbelow.com
1-888-90-BELOW
1385 Old Temescal Rd., STE 100
Corona, CA 92881
Tuesday, November 05, 2024 Reg CC MTG, Page *1006
14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
Date: April 10, 2023
Technician: Gilbert Vargas
Project Name:
Project Address:
C Below Project No.
247th Street Area Water Pothole Report
247th St Lomita, CA
22-4767
Project Summary
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
1 2
3 Pothole Not Performed Due to Client Cancelation
Pothole Not Performed Due to Client Cancelation
South Bound on Western Ave,
Frontage Rd. At 248th St Intersection Water
Gas
8 2
ACP 2.50
3.50 N-S
N-S
Asphalt
Asphalt
South Bound on Western Ave
Frontage Rd. At West Bound 248th
St Intersection
4 5
Steel
South Bound on Western Ave
Frontage Rd. At W 247th PI
Intersection
Water 8 ACP 3.30 N-S Asphalt
South Bound on Western Ave. At
Center Lane of 247th PI Intersection 6
7 8
9 Gas 2 Steel 4.14
7.00 N-S Asphalt
Asphalt South East of Address 24719 S
Western Ave. North of W 247th Pi Storm Drain 144 Concrete ME-SW Pothole Not Performed Due to Client Cancelation
South Bound on S Western Frotage
Rd. At 247th St Intersection Water 8 Cast Iron
N/A
3.68 N/A
N-S
N/A
Asphalt
Asphalt
South Bound on Western Frontage
Rd. South East of Address 24615 S
Western Ave
10 Dry Hole N/A
South Bound on Western Frontage
Rd. South East of Address 24615 S
Western Ave
11 12
Unknown 4 Steel 2.68 N-S Asphalt
Pothole Not Performed Due to Client Cancelation
South Bound on Western Ave on
Frontagee Rd. North East of 1700 W
246th St
13 Gas 4 Steel 3.36 N-S Asphalt
Comments: Top depth is measured from ground surface to top of utility. Potholes were performed at locations specified by the client. Utility size and material are based on visual estimates and may vary. Approximate coordinates (Lat/Long) are provided to show a general area of pothole location and are for information purposes only.
22-4767 247th Street Area Water Pothole Report www.cbelow.com 1 Tuesday, November 05, 2024 Reg CC MTG, Page *1007
14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
Date: April 10, 2023
Technician: Gilbert Vargas
Project Name:
Project Address:
C Below Project No.
247th Street Area Water Pothole Report
247th St Lomita, CA
22-4767
Project Summary
Size
(in)
Invert
Depth (ft) No. Utility Material Direction Location Surface Directly in Front of Address 24817
Western Ave SDMH1 Storm Dain 24 ACP 3.24
4.02 W-E Concrete
Concrete
North Bound Side of Western Ave
Frotage Rd. Across the Street from
24817 Western Ace
SDMH2 Storm Drain 24 ACP ACP
North Bound on Western Ave.
Frontage Road, North of 247 St
Intersection
SDMH5 Storm Drain
Storm Drain
24 36
Concrete
Concrete
6.04 NW-SE
N-S
Concrete
Asphalt
North Bound on Western Ave.
Frontage Road, North of 247 St
Inersection
SDMH5A 10.48
North Bound Sidewalk on Western
Ave. East of 24615 S Western Ave SDMH6.1
SDMH6.2
Storm Drain
Storm Drain
24 24
Concrete
Concrete
N-S 4.62
4.32 Concrete
Concrete North Bound Sidewalk on Western
Ave. East of 24615 S Western Ave E-W
North Bound Sidewalk on Western
Ave. East of 24615 S Western Ave SDMH6.3
SMH1
Storm Drain
Sewer
36 36
Concrete
Concrete
E-W
S-N
4.74 Concrete
Asphalt
South Bound on Western Ave,
Frontage Rd. Northwest Corner of
Western Ave and Lomita Blvd
(*Line
10.30 East Bound on 249th St at CL
Western Ave Frontage Rd Intersection
SMH2.1
SMH2.2
Sewer
Sewer
8 8
Clay
Clay
N-W
E-W
6.50 6.53
Asphalt
Asphalt
East Bound on 249th St at CL
Western Ave Frontage Rd Intersection
East Bound on 249th St at CL
Western Ave Frontage Rd IntersectionSMH2.3 Sewer 8 Clay N-W 6.55 Asphalt Comments: Top depth is measured from ground surface to top of utility. Potholes were performed at locations specified by the client. Utility size and material are based on visual estimates and may vary. Approximate coordinates (Lat/Long) are provided to show a general area of pothole location and are for information purposes only.
22-4767 247th Street Area Water Pothole Report www.cbelow.com 2 Tuesday, November 05, 2024 Reg CC MTG, Page *1008
14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
Date: April 10, 2023
Technician: Gilbert Vargas
Project Name:
Project Address:
C Below Project No.
247th Street Area Water Pothole Report
247th St Lomita, CA
22-4767
Project Summary
Size
(in)
Invert
Depth (ft) No. Utility Material Direction Location Surface Center Lane of Western Ave
Frontage Rd, South Bound at 248th
St Intersection
SMH3.1 Sewer 8 Clay 8.94
8.00 N-S Asphalt
Asphalt
Center Lane of Western Ave
Frontage Rd, South Bound at 248th
St Intersection
SMH3.2 Sewer 8 Clay N-S
Center Lane of Western Ave
Frontage Rd, South Bound at 248th
St Intersection
SMH3.3
SMH4.1
Sewer
Sewer
8 Clay 8.90
4.71 W-S Asphalt
South of 24615 S Western Ave on
Sidewalk 24 Concrete SW-E Concrete
South of 24615 S Western Ave on
Sidewalk SMH4.2
SMH5.1
Sewer
Sewer
4 8
Concrete
Clay
4.26 SW-NE
N-S
Concrete
Asphalt
At The Light Western Ave Frontage
Rd 247th St and The Main Western
Ave Intersection
11.80 At The Light Western Ave Frontage
Rd 247th St and The Main Western
Ave Intersection
SMH5.2
SMH5.3
Sewer
Sewer
8 8
Clay
Clay
11.84 11.70
N-S Asphalt
Asphalt
At The Light Western Ave Frontage
Rd 247th St and The Main Western
Ave Intersection
W-S
Comments: Top depth is measured from ground surface to top of utility. Potholes were performed at locations specified by the client. Utility size and material are based on visual estimates and may vary. Approximate coordinates (Lat/Long) are provided to show a general area of pothole location and are for information purposes only.
22-4767 247th Street Area Water Pothole Report www.cbelow.com 3 Tuesday, November 05, 2024 Reg CC MTG, Page *1009
1385 Old Temescal Rd., Suite 100
Corona, CA 92881
1-888-90-BELOW
Date: June 23, 2023
Technician: Ruben Lopez
Project Name:
Project Address:
C Below Project No.
247th Street Area Water Main Replacement Potholing
247th Street, Lomita, CA
22-4767
Project Summary
Size
(in)
Top Depth
(ft) No.
1A
Utility
Gas
Material
Polyethylene
Wrapped
Steel
Direction
E-W
Location Surface
Asphalt
Asphalt
Asphalt
East Bound on 247th St.,
North East of Address 1700 HGS-2
HGS-3
6 10
8 5.66
5.42 3.60
East Bound on 247th St.,
North East of Address 1700 2A Gas E-W
East Bound on 247th St.,
North East of Address 1700 3A Water E-W
East Bound on 247th St.,
North East of Address 1700 4A
5A
6B
Gas
Gas
Oil
4 6
6 Wrapped
Polyethylene
Wrapped
2.90 5.54
5.76 E-W
E-W
E-W
Asphalt
Asphalt
Asphalt
East Bound on 247th St.,
North East of Address 1700 HGS-1
HGS-4
At Western Ave. and 247th Street
Intersection, South East of Address
24615 S Western Ave.
At Western Ave. and 247th Street
Intersection, South East of Address
24615 S Western Ave.
HGS-5 7B Gas 4 Steel 3.00 E-W Asphalt
Comments: Top depth is measured from ground surface to top of utility. Potholes were performed at locations specified by the client. Utility size and material are based on visual estimates and may vary. Approximate coordinates (Lat/Long) are provided to show a general area of pothole location and are for information purposes only.
22-4767 247th Street Area Water Main Replacement Potholing www.cbelow.com 1 Tuesday, November 05, 2024 Reg CC MTG, Page *1010
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Gilbert Vargas 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA.
Client Company Contact
Onward Engineering Justin Meets
Pothole No.
3 Location
South Bound on Western Ave, Frontage Rd. At 248th St Intersection Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.60 (feet) Notes:
Approximate Coordinates: 33.7994142, -118.3078341
Top: (feet)
(feet)
(in)
2.50 Bottom: 3.16
Size: 8
Utility: Water
Material: ACP
Direction: N-S
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 4.70 SE Water Valve 2 15.40 SW Sewer Manhole 3 28.30 NE Light Pole
LOCATION DETAIL
www.cbelow.com 4
Tuesday, November 05, 2024 Reg CC MTG, Page *1011
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Ave, Frontage Rd. At
3 Water 248th St Intersection 8 ACP 2.50 N-S Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 5
Tuesday, November 05, 2024 Reg CC MTG, Page *1012
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Gilbert Vargas 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA.
Client Company Contact
Onward Engineering Justin Meets
Pothole No.
4 Location
South Bound on Western Ave Frontage Rd. At West Bound 248th ST Intersection Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.60 (feet) Notes:
Approximate Coordinates: 33.7995251, -118.3078023
Top: (feet)
(feet)
(in)
3.50 Bottom: 3.66
Size: 2
Utility: Gas
Steel
N-S
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 14.90 SE Street Light Pull Box 2 24.10 NW Sewer Manhole 3 46.90 NE Hydrant
LOCATION DETAIL
www.cbelow.com 6
Tuesday, November 05, 2024 Reg CC MTG, Page *1013
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Ave Frontage Rd. At
4 Gas West Bound 248th ST Intersection 2 Steel 3.50 N-S Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 7
Tuesday, November 05, 2024 Reg CC MTG, Page *1014
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Gilbert Vargas 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA.
Client Company Contact
Onward Engineering Justin Meets
Pothole No.
5 Location
South Bound on Western Ave Frontage Rd. At W 247th Pl Intersection Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.60 (feet) Notes:
Approximate Coordinates: 33.8001447, -118.3078304
Top: (feet)
(feet)
(in)
3.30 Bottom: 3.96
Size: 8
Utility: Water
Material: ACP
Direction: N-S
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 20.00 NE Hydrant 2 18.60 N Water Valve 3 8.90 W Sewer Manhole
LOCATION DETAIL
www.cbelow.com 8
Tuesday, November 05, 2024 Reg CC MTG, Page *1015
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Ave Frontage Rd. At W
5 Water 247th Pl Intersection 8 ACP 3.30 N-S Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 9
Tuesday, November 05, 2024 Reg CC MTG, Page *1016
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Gilbert Vargas 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA.
Client Company Contact
Onward Engineering Justin Meets
Pothole No.
6 Location
South Bound on Western Ave. At Center Lane of 247th Pl Intersection Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.60 (feet) Notes:
Approximate Coordinates: 33.8001988, -118.3078214
Top: (feet)
(feet)
(in)
4.14 Bottom: 4.30
Size: 2
Utility: Gas
Steel
N-S
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 42.50 SE Light Pole 2 5.80 N Water Valve 3 24.40 NW Sewer Manhole
LOCATION DETAIL
www.cbelow.com 10
Tuesday, November 05, 2024 Reg CC MTG, Page *1017
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Ave. At Center Lane of
6 Gas 247th Pl Intersection 2 Steel 4.14 N-S Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 11
Tuesday, November 05, 2024 Reg CC MTG, Page *1018
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Gilbert Vargas 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA.
Client Company Contact
Onward Engineering Justin Meets
Pothole No.
7 Location
South East of Address 24719 S Western Ave. North of W 247th PI Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.60 (feet) Notes:
Approximate Coordinates: 33.8002935, -118.3077952
This Called For A 12.00 ftx13.00 ft Storm Drain.
The Pothole Was not Marked and at A Curve.
We Managed To Find Top and One Side.
Top: (feet)
(feet)
(in)
7.00 Bottom: 19.00
Size: 144
Utility: Storm Drain
Material:
Direction:
Concrete
NE-SW
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 19.30 SE Light Pole 2 30.20 NE Water Valve 3 22.50 W FOC
LOCATION DETAIL
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Tuesday, November 05, 2024 Reg CC MTG, Page *1019
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South East of Address 24719 S Western Ave.
7 Storm Drain North of W 247th PI 144 Concrete 7.00 NE-SW Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
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Tuesday, November 05, 2024 Reg CC MTG, Page *1020
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Danny Butler 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
9 Location
South Bound on S Western Frontage Rd. At 247th St Intersection.
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.67 (feet) Notes:
Approximate Coordinates: 33.8009502, -118.3077600
Top: (feet)
(feet)
(in)
3.68 Bottom: 4.35
Size: 8
Utility: Water
Cast Iron
N-S
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 15.70 SW Sewer Manhole 2 3.60 SW Eastern Most Water Valve 3 47.50 SE Storm Drain Manhole
LOCATION DETAIL
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Tuesday, November 05, 2024 Reg CC MTG, Page *1021
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on S Western Frontage Rd. At
9 Water 247th St Intersection. 8 Cast Iron 3.68 N-S Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 15
Tuesday, November 05, 2024 Reg CC MTG, Page *1022
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Danny Butler 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
10 Location
South Bound on Western Frontage Rd. South East of Address 24615 S Western Ave Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.34 (feet) Notes:
Approximate Coordinates: 33.8009502, -118.3077600
No utilities were found at pothole location.
Investigating a 6" Oil line I demoed the asphalt per client map and USA mark.
After breaking through the asphalt I immediately could smell and see contaminated soil.
Top: N/A (feet)
(feet)
(in)
Bottom: 0.34
Size: N/A I then stopped as to not contaminate my spoils tank.
Utility: Dry Hole
Material: N/A
Direction: N/A
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 9.00 SW Sewer Manhole 2 7.60 NE Western Most Water Valve 3 43.70 SE Storm Drain Manhole
LOCATION DETAIL
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Tuesday, November 05, 2024 Reg CC MTG, Page *1023
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Frontage Rd. South
10 East of Address 24615 S Western Ave Dry Hole N/A N/A N/A N/A Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 17
Tuesday, November 05, 2024 Reg CC MTG, Page *1024
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Danny Butler 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
11 Location
South Bound on Western Frontage Rd. South East of 24615 S Western Ave Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.67 (feet) Notes:
Approximate Coordinates: 33.8009502, -118.3077600
Investigating a 10" oil line I performed a pothole per client map and USA marking.
I dug to 10.50 ft straight down and did not uncover the 10" pipe.
As I began to undermine to the North I noticed the soil was contaminated so I stopped digging.
Top: (feet)
(feet)
(in)
2.68 Bottom: 3.00
Size: 4
I did uncover a 4" unmarked steel pipe possibly gas.
Utility: Unknown
Material: Steel
Direction: N-S
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 11.40 SW Sewer Manhole 2 5.20 NE Western Most Water Valve 3 46.10 SE Storm Drain Manhole
LOCATION DETAIL
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Tuesday, November 05, 2024 Reg CC MTG, Page *1025
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Frontage Rd. South
11 Unknown East of 24615 S Western Ave 4 Steel 2.68 N-S Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 19
Tuesday, November 05, 2024 Reg CC MTG, Page *1026
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Danny Butler 04-10-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
13 Location
South Bound on Western Ave on Frontage Rd. North East of 1700 W 246th St.
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.67 (feet) Notes:
Approximate Coordinates: 33.8017707, -118.3077366
Uncovered this 4" gas under the concrete gutter.
Because of the concrete gutter I was not able to get my grade stick perfectly straight so measurements should be considered approximate.
Plus or minus a couple inches.
Top: (feet)
(feet)
(in)
3.36 Bottom: 3.69
Size: 4
Utility: Gas
Steel
N-S
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 2.80 S Water Valve 2 15.90 SW Sewer Manhole 3 26.90 NE Street Light Box
LOCATION DETAIL
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Tuesday, November 05, 2024 Reg CC MTG, Page *1027
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
South Bound on Western Ave on Frontage Rd.
13 Gas North East of 1700 W 246th St. 4 Steel 3.36 N-S Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com 21
Tuesday, November 05, 2024 Reg CC MTG, Page *1028
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SDMH1 Directly In Front of Address 24817 Western Ave
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
24 Material Flow Direction Invert (ft) Line Photo Depth Photo ACP W to E 3.24
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Tuesday, November 05, 2024 Reg CC MTG, Page *1029
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SDMH2 North Bound Side of Western Ave Frontage Rd, Across the Street From 24817 Western Ave
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
2 Size (in)
24 Material Flow Direction Invert (ft) Line Photo Depth Photo ACP W to E 4.02
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Tuesday, November 05, 2024 Reg CC MTG, Page *1030
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Carlos Carbajal
Project Name
Date
04-12-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA
Client Company Contact
Onward Engineering Justin Smeets
Manhole No. Location
SDMH5 North Bound on Western Ave. Frontage Road, North of 247 St Intersection
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
24 Material Flow Direction Invert (ft) Line Photo Depth Photo Concrete NW to SE 6.04
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Tuesday, November 05, 2024 Reg CC MTG, Page *1031
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SDMH5A North Bound on Western Ave. Frontage Road, North of 247 St Intersection
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
5A
Size (in)
36 Material Flow Direction Invert (ft) Line Photo Depth Photo Concrete N to S 10.48
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Tuesday, November 05, 2024 Reg CC MTG, Page *1032
MANHOLE DIP DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Carlos Carbajal
Project Name
Date
04-12-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA
Client Company Contact
Onward Engineering Justin Smeets
Manhole No. Location
SDMH6 North Bound Sidewalk on Western Ave. East of 24615 S Western Ave
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
24 Material Flow Direction Invert (ft) Line Photo Depth Photo Concrete N to
to
to
S 4.62
2 3
24 36
Concrete
Concrete
E
E
W
W
4.32 4.74
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Tuesday, November 05, 2024 Reg CC MTG, Page *1033
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SMH1 South Bound on Western Ave, Frontage Rd. Northwest Corner of Western Ave and Lomita Blvd
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No. Size (in)
36 Material Flow Direction Invert (ft) Line Photo Depth Photo SMH1 Concrete S to N 10.30
www.cbelow.com 27
Tuesday, November 05, 2024 Reg CC MTG, Page *1034
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SMH2 East Bound on 249th St at CL Western Ave Frontage Rd Intersection
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
8 Material Flow Direction Invert (ft) Line Photo Depth Photo Clay N to
to
to
W 6.50
2 3
8 8
Clay
Clay
E
N
W
W
6.53 6.55
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Tuesday, November 05, 2024 Reg CC MTG, Page *1035
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SMH3 Center Lane of Western Ave Frontage Rd, South Bound at 248th St Intersection
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
8 Material Flow Direction Invert (ft) Line Photo Depth Photo Clay N to
to
to
S 8.94
2 3
8 8
Clay
Clay
N S
S
8.00 W 8.90
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Tuesday, November 05, 2024 Reg CC MTG, Page *1036
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Carlos Carbajal
Project Name
Date
04-12-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA
Client Company Contact
Onward Engineering Justin Smeets
Manhole No. Location
SMH4 South of 24615 S Western Ave on Sidewalk
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
24 Material Flow Direction Invert (ft) Line Photo Depth Photo Concrete SW to
to
E 4.71
2 4 Concrete SW NE 4.26
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Tuesday, November 05, 2024 Reg CC MTG, Page *1037
MANHOLE DI P DATA SHEET
14280 EUCLID AVE., CHINO, CA91710
OFFICE: (888) 902-3569
FAX: (909) 606-6555
Technician Name
Gilbert Vargas
Project Name
Date
04-11-2023
C Below Project No.
22-4767
Project Address
247th Street Area Water Main Replacement Potholing 247th St Lomita, CA Client Company Contact
Onward Engineering Justin Meets
Manhole No. Location
SMH5 At The Light Western Ave Frontage Rd 247th St and The Main Western Ave Intersection
MANHOLE DETAIL
Overview Sketch Overview Photo
LINE INFO
(*Line No.1 is shown in RED. All subsequent lines are clockwise from Line No.1) No.
1 Size (in)
8 Material Flow Direction Invert (ft) Line Photo Depth Photo Clay N to
to
to
S 11.80
2 3
8 8
Clay
Clay
N S
S
11.84 W 11.70
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Tuesday, November 05, 2024 Reg CC MTG, Page *1038
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Ruben Lopez 06-15-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street, Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
1A
Location
East Bound on 247th St., North East of Address 1700
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 1.00 (feet) Notes:
Approximate Coordinate: 33.800957, -118.307714
Top: (feet)
(feet)
(in)
5.66 Bottom: 6.16
Size: 6
Utility: Gas
Polyethylene
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 13.00 E Sewer Manhole 2 19.00 NE Water Valve 3 29.70 NW Street Light Signal
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1039
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
East Bound on 247th St., North East of Address
1A Gas 1700 6 Polyethylene 5.66 E-W Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1040
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Ruben Lopez 06-15-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street, Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
2A
Location
East Bound on 247th St., North East of Address 1700
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 1.00 (feet) Notes:
Approximate Coordinate: 33.800957, -118.307714
Top: (feet)
(feet)
(in)
5.42 Bottom: 6.25
Size: 10
Utility: Gas
Wrapped
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 11.60 E Sewer Manhole 2 15.60 NE Water Valve 3 28.80 N Street Signal Light
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1041
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
East Bound on 247th St., North East of Address
2A Gas 1700 10 Wrapped 5.42 E-W Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1042
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Ruben Lopez 06-15-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street, Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
3A
Location
East Bound on 247th St., North East of Address 1700
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 1.00 (feet) Notes:
Approximate Coordinate: 33.800957, -118.307714
Needed to move the pothole over 4 ft. to the West due to concrete underneath the asphalt.
Top: (feet)
(feet)
(in)
3.60 Bottom: 4.26
Size: 8
Utility: Water
Steel
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 18.60 SE Sewer Manhole 2 19.70 E Water Valve 3 25.40 NW Street Light Signal
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1043
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
East Bound on 247th St., North East of Address
3A Water 1700 8 Steel 3.60 E-W Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1044
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Ruben Lopez 06-15-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street, Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
4A
Location
East Bound on 247th St., North East of Address 1700
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 1.00 (feet) Notes:
Approximate Coordinate: 33.800957, -118.307714
Top: (feet)
(feet)
(in)
2.90 Bottom: 3.23
Size: 4
Utility: Gas
Wrapped
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 27.80 S Sewer Manhole 2 23.30 SE Water Valve 3 15.40 NW Street Light Signal
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1045
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
East Bound on 247th St., North East of Address
4A Gas 1700 4 Wrapped 2.90 E-W Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1046
C BELOW POTHOLING DATA SHEET
14280 EUCLID AVE., CHINO, CA 91710
OFFICE: (888) 902-3569
SUBSURFACE IMAGING FAX: (909) 606-6555
Technician Name Date C Below Project No.
Ruben Lopez 06-15-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street, Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
5A
Location
East Bound on 247th St., North East of Address 1700
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 1.00 (feet) Notes:
Approximate Coordinate: 33.800957, -118.307749
Top: (feet)
(feet)
(in)
5.54 We dug with air and backfilled pothole with the soil we removed due to possible contamination. Soil test techs were here to take samples of soil Bottom: for testing. The original pothole number was PH-10. 6.04 Size: 6
Utility: Gas
Polyethylene
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 8.10 SW Sewer Manhole 2 6.20 N Water Valve 3 31.30 NE Street Sign
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1047
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
East Bound on 247th St., North East of Address
5A Gas 1700 6 Polyethylene 5.54 E-W Asphalt
Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1048
POTHOLING DATA SHEET
1385 Old Temescal RD., STE 100 CORONA, CA 92881
OFFICE: (888) 902-3569
FAX: (951) 356-4830
Technician Name Date C Below Project No.
Joe Martinez 08-09-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
6B
Location
At Western Ave. and 247th Street Intersection, South East of Address 24615 S Western Ave.
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.70 (feet) Notes:
Approximate Coordinates: 33.8009502, -118.3077235
Top: (feet)
(feet)
(in)
5.76 Bottom: 6.26
Size: 6
Utility: Oil
Wrapped
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 13.50 NE Water Valve 2 8.00 SE Sewer Manhole 3 31.30 NW Traffic Signal
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1049
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
At Western Ave. and 247th Street Intersection,
6B Oil South East of Address 24615 S Western Ave. 6 Wrapped 5.76 E-W Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1050
POTHOLING DATA SHEET
1385 Old Temescal RD., STE 100 CORONA, CA 92881
OFFICE: (888) 902-3569
FAX: (951) 356-4830
Technician Name Date C Below Project No.
Joe Martinez 08-09-2023 22-4767
Project Name Project Address
247th Street Area Water Main Replacement Potholing 247th Street Lomita, CA Client Company Contact
Onward Engineering Justin Smeets
Pothole No.
7B
Location
At Western Ave. and 247th Street Intersection, South East of Address 24615 S Western Ave.
Profile View (not to scale) Surface Type: Asphalt
Measured Distance from Finished Surface
Thickness: 0.50 (feet) Notes:
Approximate Coordinates: 33.8009012, -118.3077272
Top: (feet)
(feet)
(in)
3.00 Bottom: 3.33
Size: 4
Utility: Gas
Steel
E-W
Material:
Direction:
PHYSICAL SWING TIE INFORMATION
No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture No. Distance (ft) Dir. From Permanent Existing Fixture 1 23.60 SE Sewer Manhole 2 16.70 NW Traffic Signal 3 30.00 NE Street Light
LOCATION DETAIL
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1051
Size
(in)
Top Depth
(ft) No. Utility Material Direction Location Surface
At Western Ave. and 247th Street Intersection,
7B Gas South East of Address 24615 S Western Ave. 4 Steel 3.00 E-W Asphalt Photo 1 Photo 2
Photo 3 Photo 4
Comments:
www.cbelow.com
Tuesday, November 05, 2024 Reg CC MTG, Page *1052
Soil Sampling Report
Pothole Sampling Project
City of Lomita, California
June 30, 2023
Prepared by:
HANA Resources, Inc.
Prepared For:
C Below – Subsurface Imaging
14280 Euclid Avenue
Chino, CA 91710
Adrian Huerta, Project Manager
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1053
CERTIFICATION STATEMENT
I, Dale Schneeberger, certify that I am currently a California State-licensed Professional Geologist (PG) and that this Soil Sampling Report was prepared in accordance with the applicable statutes and regulations and in substantial conformance with standard environmental and geologic practice.
June 30, 2023
____________________________ ______________________________________________________________ Date Dale Schneeberger, PG, QSD/QSP
California State Professional Geologist #4737
HANA Resources, Inc.
20631 Hermana Circle
Lake Forest, CA 92630
Seal
09/30/24
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1054
INTRODUCTION
HANA Resource, Inc. (HANA) was contacted by C-Below, Inc. Subsurface Imaging (C-Below) to perform soil sampling, laboratory analysis and reporting services for a pothole sampling project, City of Lomita, California. The area where the sampling is to take place is at the intersection of 247th Street and S. Western Avenue (Site) (Figure 1).
Site
Figure 1. Project Location
A representative of HANA Resources, Inc. (HANA) arrived at the Site at 0720 hours on Thursday, June 15th, 2023. In addition, representatives from AECOM, Philips 66, C-Below, and the City of Lomita were on site as well. In addition to HANA’s representative, a representative from AECOM was on site to collect split samples for analysis, and the representative from Philips 66 and the City of Lomita were present to observe the collection of the soil samples.
SAMPLING ACTIVITIES
The area subject soil sampling was from three potholes excavated in the roadway area. Upon removal of pavement, the soil was excavated using an air knife from a 1 ft by 1 ft surface opening. The samples were collected as described in Table 1, Sample Collection Details.
Table 1. Sample Collection Details
Boring
Location ID
AECOM Split
Sample ID Sample ID Sample Depth Where Sampled
HGS-1
HGS-2
HGS-3*
HSG-1-4
HSG-2-x
HSG-3-x
4 feet 6 inches above pipe
1.5 inches below gravel
3 inches below gravel
PH-10
9.5 inches NC
12.5 inches NC
*Pothole was relocated due to subsurface obstruction (concrete slab) NC = No Sample Collected
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1055
One (1) sample each was collected from the three (3) potholes. Two (2) of the potholes were shallow and one (1) was deep. The shallow samples (HGS-2 and HGS-3) were collected directly from the pothole opening. The sample collected from the deeper pothole, HGS-1, utilized a clean PVC pipe to reach the target depth to retrieve the sample. A photographic log of the sample locations is shown in Figure 2.
Area of pothole installation
Pothole access opening - Typical
Capping of pavement following sampling
Figure 2. Photographic Log Showing Sample Locations
FSoil from each pothole sample location was collected into one (1) 6-oz. laboratory supplied glass jar, and four (4) 40 ml VOAs using EPA 5035 field preparation method for volatile organic compounds (VOC). The samples were labeled, put into sealable plastic bags, and placed into an insulated chest filled with water ice and transported to the laboratory under chain-of-custody documentation for analysis. 20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1056
The samples were analyzed for the following constituents:
•
•
•
•
Total Petroleum Hydrocarbons GRO/DRO/ORO (EPA Method 8015B) Volatile Organic Compounds (EPA Method 5035/8260B)
Cam 17 Metals (6010B/7196A/7471A)
WET STLC (EPA Method 6010B)
SAMPLING RESULTS
The results of the soil analysis are provided in Table 2, Summary of Soil Analytical Results (no metals) in mg/Kg, and Table 3, Summary of Soil Analytical Results – Title 22 Metals (CAM 17) in mg/Kg.
Table 2. Summary of Soil Analytical Results (no metals) in mg/Kg Sample ID TPH GRO TPH DRO TPH ORO VOC
HGS 1
HGS 2
HGS 3
ND
ND
ND
0.1 42.7*
197*
137*
10 469
4,800
2,830
50 All ND
All ND
All ND
PQL see lab report
* Peaks in diesel range but chromatogram does not match that of diesel standard Table 3. Summary of Soil Analytical Results – Title 22 Metals (CAM 17) in mg/Kg Metal Type
Antimony
Arsenic
HGS 1 HGS 2 HGS 3
ND
ND
ND
ND
ND
ND
Barium 88.0
ND
ND
17.6 5.27
9.79 4.43
NA
NA
0.041
ND
11.6 ND
ND
69.3 ND
ND
101
ND
ND
9.79 5.35
11.7 6.00
NA
NA
0.030
ND
8.26 ND
ND
Beryllium
Cadmium
Chromium (total)
Cobalt
Copper
Lead
6.44 4.45
11.0 95.0*
6.18**
TBD
0.023
ND
Lead (STLC)
Lead TCLP
Mercury
Molybdenum
Nickel
Selenium
Silver
8.02 ND
ND
Thallium
Vanadium
Zinc
ND
18.5 55.4
ND
14.7 51.4
ND
17.0 33.0
*Total concentration exceeds 10x STLC
** Exceeds STLC concentration of 5.0 mg/L
NA = Not analyzed
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1057
Petroleum hydrocarbons were detected above the practical quantitation limits (PQLs) for diesel (DRO) and oil (ORO), but not for gasoline (GRO) range was detected in all three samples. Petroleum hydrocarbons were detected above the PQL at concentrations of 42.7 mg/Kg for DRO and 469 mg/Kg for ORO, respectively, in sample HGS-1. Petroleum hydrocarbons were detected above the PQL at concentrations of 197 mg/Kg for DRO and 4,800 mg/Kg for ORO, respectively, in sample HGS-2. Petroleum hydrocarbons were detected above the PQL at concentrations of 137 mg/Kg for DRO and 2,830 mg/Kg for ORO, respectively in sample HGS-3.
Due to the elevated concentrations of the ORO in all samples, the laboratory was required to use a dilution factor of 2 for sample HGS-1 and a dilution factor of 10 for samples HGS-2 and HGS-3, to accurately measure the DRO/ORO in the soil samples, following EPA SW-846 protocols.
Concentrations of VOCs were not detected above their respective PQLs.
The results of the metals analysis indicated that all reported concentrations above their PQL’s, with the exception of lead in sample HGS-2, are below regulatory screening levels. Sample HGS-2 has a measured total lead concentration of 95.0 mg/Kg that is greater than 10 times its corresponding Soluble Threshold Limit Concentration (STLC) of 5.0 mg/L. As a result, a Waste Extraction Test (WET) was performed on this sample to evaluate compliance with the 5.0 mg/L STLC.
A copy of the laboratory report is included as Attachment 1.
REGULATORY SCREENING LEVELS
Three potential regulatory screening levels may be applied to the soil sample analytical results for the Site. These include USEPA Regional Screening Levels, Cal EPA Soil Screening Levels, and Environmental Screening Levels. For the purposes of this environmental screening at the Site, only the commercial/industrial noncancer scenario is appropriate. The applicable screening levels are provided below in Table 4, Screening Levels for Total Petroleum Hydrocarbons.
Table 4. Screening Levels for Total Petroleum Hydrocarbons Screening Level (RSL/SL/ESL) Concentration Exceeds SL
USEPA Regional Screening Levels (RSL) for soil THQ=1.0, Industrial-noncancer (May 2023) Diesel Range Organics (TPH diesel) 96 mg/Kg
Oil Range Organics (TPH oil) 230,000 mg/Kg
HGS-1 PASS
HGS-2 FAIL
HGS-3 FAIL
HGS-1 PASS
HGS-2 PASS
HGS-3 PASS
Soil Screening Level – DTSC Note 3 (Cal EPA) Commercial/Industrial-noncancer (June 2020) Diesel Range Organics (TPH diesel) 500 mg/Kg HGS-1 PASS HGS-2 PASS
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1058
Table 4. Screening Levels for Total Petroleum Hydrocarbons Screening Level (RSL/SL/ESL) Concentration Exceeds SL
HGS-3 PASS
Oil Range Organics (TPH oil) 18,000 mg/Kg HGS-1 PASS
HGS-2 PASS
HGS-3 PASS
Environmental Screening Level (ESL) – Tier 1 ESLs Commercial/Industrial-noncancer (2019 Rev.2) Diesel Range Organics (TPH diesel) 1,200 mg/Kg HGS-1 PASS HGS-2 PASS
HGS-3 PASS
HGS-1 PASS
HGS-2 PASS
HGS-3 PASS
Oil Range Organics (TPH oil) 180,000 mg/Kg
Based on these results, all samples are below the DRO and ORO for the CalEPA SLs and ESLs. For the USEPA RSLs, two samples (HGS-2 and HGS-3) exceed the RSL for DRO. The other sample, HGS-1, is below the screening level for DRO, and all samples are below the screening level for ORO.
The result of the WET for lead in sample HGS-2 is 6.18 mg/L, and is greater than its STLC of 5.0 mg/L. As a result, the soil sample is considered a non-RCRA hazardous waste per CCR Title22 (California hazardous).
FINDINGS
Based on the results of the laboratory analyses of the three soil samples analyzed, samples HGS-2 and HGS-3 only exceed the USEPA RSL concentrations for DRO petroleum hydrocarbons; all are below the screening level for ORO. All samples are below CalEPA SLs and ESLs for both DRO and ORO. The City of Lomita will need to determine which of the three screening levels will be used to evaluate the samples. It should be noted, however, that the ESLs (Tier I ESLs) are typically adopted by most cities that do not have their own screening criteria.
Sample HGS-2 with a total lead concentration of 95.0 mg/Kg is greater than 10 times its corresponding STLC. The result of the WET for lead for sample HGS-2 is 6.18 mg/L, exceeding its STLC regulatory level of
5.0 mg/L. As a result, the soil sample is considered a non-RCRA hazardous waste per CCR Title22 (California hazardous). A TCLP request was submitted to the laboratory on June 30, 2023. Once the result of this test is received, it will be forwarded to C-Below for presentation to the City of Lomita. Should the result of this analysis indicate that the TCLP of 5.0 mg/L is exceeded, the soil would then be considered a federally hazardous waste (RCRA).
The decision of how to manage the soil for total petroleum hydrocarbons (DRO, ORO) will depend on the screening level adopted. If the USEPA RSL is adopted, the soil will need to be handled appropriately.
Additionally, the soil from sample location HGS-2 is also classified as a non-RCRA California hazardous waste, and potentially a federally (RCRA) hazardous waste (pending TCLP lab analysis). Disposal would 20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1059
require the establishment of a waste profile. This can be done by contacting a licensed TSDF (landfill or thermal treatment facility) for profiling prior to acceptance and disposal. 20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1060
ATTACHMENT 1 – LABORATORY REPORT
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1061
Tuesday, November 05, 2024 Reg CC MTG, Page *1062
Tuesday, November 05, 2024 Reg CC MTG, Page *1063
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Tuesday, November 05, 2024 Reg CC MTG, Page *1080
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Tuesday, November 05, 2024 Reg CC MTG, Page *1093
Tuesday, November 05, 2024 Reg CC MTG, Page *1094
To: Mr. Adrian Huerta
Project Manager
C Below – Subsurface Imaging
From: Dale Schneeberger, P.G.
Consulting Manager
HANA Resources, Inc.
Date: August 22, 2023
Subject: Addendum Letter to Soil Sampling Report – Additional Soil Sampling, August 17, 2023 This addendum letter has been prepared to clarify the reported QA/QC associated with the results of the analysis for lead (Pb) in the samples analyzed at the pothole project site, located at the intersection of 247th Street and S. Western Avenue, in the City of Lomita, California. Routine laboratory QA/QC activities are documented in the analyzing laboratory’s Quality Manual and must adhere to consensus standards adopted by the Environmental Protection Agency (EPA) These include Laboratory Control Sample (LCS), and Matrix Spike and Spike Duplicates (MS/MSD) are performed on a frequency of 1 out of batch of up to 20 samples. The LCS sample prepared in the laboratory that contain analytes that are representative of the analytes of interest in the submitted samples, in this case lead (Pb). Known concentrations are added and are processed in the same manner as the submitted samples. The results of the LCS are used to demonstrate that the laboratory is in control of the processes involved in the preparation and analysis of specific tests. The criterion for acceptance includes both accuracy or bias (% recovery) and precision (% RPD – or reproducibility) measurements. The importance of the LCS is to provide confidence that what the laboratory claims it can recover and reproduce is actual and not hypothetical. This QA/QC parameter is the most important and passed for lead (Pb).
The other QA/QC parameter includes the MS/MSD, also typically performed on a frequency of 1 out of up to 20 samples. The samples selected for MS/MSD are processed along with the same un-spiked sample.
The MS/MSD are analyzed as a method performance assessment by measuring the effects of interferences caused by the specific sample matrix. Poor spike recoveries for MS/MSD samples could mean sample matrix is causing matrix interference issues. However, neither of the two samples from this project submitted for lead (Pb) analysis were included in the MS/MSD QA/QC process. The failure of the unrelated sample has no bearing on the validity of the reported lead (Pb) concentrations for this project, and the LCS is in control. Therefore, the concentrations for lead (Pb) as reported are considered valid for the samples analyzed for this project.
Respectfully submitted,
Dale Schneeberger, P.G.
Consulting Manager
HANA Resources, Inc.
20631 Hermana Circle
Lake Forest, CA 92630
20361 Hermana Circle | Lake Forest | CA 92630 | 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1095
Soil Sampling Report –
Additional Soil Sampling
Pothole Sampling Project
City of Lomita, California
August 17, 2023
Prepared by:
HANA Resources, Inc.
Prepared For:
C Below – Subsurface Imaging
14280 Euclid Avenue
Chino, CA 91710
Adrian Huerta, Project Manager
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1096
CERTIFICATION STATEMENT
I, Dale Schneeberger, certify that I am currently a California State-licensed Professional Geologist (PG) and that this Soil Sampling Report was prepared in accordance with the applicable statutes and regulations and in substantial conformance with standard environmental and geologic practice.
August 17, 2023
____________________________ ______________________________________________________________ Date Dale Schneeberger, PG, QSD/QSP
California State Professional Geologist #4737
HANA Resources, Inc.
20631 Hermana Circle
Lake Forest, CA 92630
Seal 09/30/24
August 17, 2023
____________________________ ______________________________________________________________ Date Hannah Boelts, MS, QSP Delegate
Environmental Geologist
HANA Resources, Inc.
20631 Hermana Circle
Lake Forest, CA 92630
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1097
INTRODUCTION
HANA Resource, Inc. (HANA) was contracted by C-Below, Inc. Subsurface Imaging (C-Below) to perform soil sampling, laboratory analysis and reporting services for a pothole sampling project, City of Lomita, California. The area where the sampling took place is at the intersection of 247th Street and S. Western Avenue (Site) (Figure 1).
A representative of HANA Resources, Inc. (HANA) arrived at the Site at 0800 hours on Wednesday, August 9 th, 2023. In addition, representatives from C-Below were on site as well.
SAMPLING ACTIVITIES
The area subject soil sampling was from two potholes excavated in the roadway area. Upon removal of pavement, the soil was excavated using an air knife from a 1 ft by 1 ft surface opening. The samples were collected as described in Table 1, Sample Collection Details.
Table 1. Sample Collection Details
Boring
Location ID
Sample
Depth Sample ID Where Sampled
HGS-4
HGS-5
HSG-4 at 14.5”
HSG-5 at 15”
14.5 inches
15 inches
14.5 inches below road base gravel
15 inches below road base gravel
One (1) sample each was collected from the two (2) potholes. The samples (HGS-4 and HGS-5) were collected directly from the pothole opening. A map of the sample locations is provided in Figure 2, and a photographic log of the sample locations provided in Figure 3.
Soil from each pothole sample location was collected into one (1) 8-oz. laboratory supplied glass jar. The samples were labeled and placed into an insulated chest filled with water ice and transported to the laboratory under chain-of-custody documentation for analysis.
The samples were analyzed for the following constituents:
• Total Lead (EPA 6010B for TTLC – Lead)
SAMPLING RESULTS
The results of the soil analysis are provided in Table 2, Summary of Soil Analytical Results in mg/Kg.
Sample ID TTLC-Lead Result DF
HGS-4 at 14.5”
HGS-5 at 15”
2.98 1.93
0.50 1
1 PQL
The results of the total lead analysis indicated that all reported concentrations were above their PQL’s but below regulatory screening levels. Sample HGS-4 has a measured total lead concentration of 2.98 mg/Kg and HGS-5 has a measured total lead concentration of 1.93 mg/Kg. A copy of the laboratory report is included as Attachment 1.
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1098
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1099
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1100
Area of pothole installation Pothole access opening
Capping of pavement following sampling
Figure 3. Photographic Log Showing Sample Locations
FINDINGS
Based on the results of the laboratory analyses of the two soil samples, the soil in samples HGS-4 and HGS-5 do not exceed the applicable regulatory screening levels for lead (Pb). 20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1101
ATTACHMENT 1 – LABORATORY REPORT
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Tuesday, November 05, 2024 Reg CC MTG, Page *1102
Tuesday, November 05, 2024 Reg CC MTG, Page *1103
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Exhibit B
BIDDER'S PROPOSAL
247TH STREET AREAWATER MAI N REPLACEMENT
Company: Stephen Doreck Equipment Rentals, Inc.
Honorable Mayor and Members
of the Lomita City Council
Lomita, California
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lomita for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Plans, Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule.
The undersigned hereby acknowledges that he/she has examined the copies of the plans, specifications and all Contract Documents for this project and is fully aware of scope of the work.
The undersigned also acknowledges that he/she has examined the project site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress, and performance of the work in strict accordance with the Contract Documents.
The undersigned also acknowledges that timely completion o f t h e p r o j e c t is important to the City. Therefore, time being of the essence, he/she proposes that the work commenced and will be completed within the time specified in the Notice Inviting Bids.
Specification or Items not indicated on Bid Form: The Contractor is to accommodate those portions of the work required by the specifications or contract documents, whose method of payment is not included in other bid items elsewhere.
In addition, bid items costs associated with bonds, insurance, traffic control, labor, equipment, materials, overhead, profits, all other indirect costs shall be considered full compensation ꢀr each bid item.
All work shall be completed within 180 working days from the date the notice to proceed is issued by the Engineer.
C-2
Tuesday, November 05, 2024 Reg CC MTG, Page *1107
PROJECT BID SCHEDULE
Item Unit
Price Item Description Qty. Unit Total Bid
1 No.
1 Mobilization and demobilization. $ $
Traffic control.
LS
LS
LS
LS
LS
LS
LS
7ꢀꢁ0.D< '7L0Oo.o<
2 $
3 4
5 1
1 1
1 1
1 1ꢀ, ꢀꢁ.Oꢂ $1·3, ꢀꢁO.ꢂ
$1, ꢀꢁo.ꢂ 7,soo.oc
q,ꢀoꢁ.ꢂ
�,sꢀo.ꢀ0
Excavation safety measures. $
Construction surveying. $
$ꢀ .ꢀ0ꢁ> ꢂꢃ
ꢃO
co
Water pollution control (includes BMP
installation and maintenance).
$
ꢀ fꢁꢂ
6 $
7 Re-establish survey monuments.
z,iso.
i. ꢁ0, DD
ꢃ,8ꢄꢅꢆ00
Saw cutting.
�ꢀꢀ0ꢁ,ꢂ°
Construct new 8" PVC C900 DR 18
water main, including but not limited
to furnishing of fittings and end caps.
Construction shall be per City of
Lomita Standards and include
8 670 LF
LF
$ $
IZb.OD J iꢃ;ꢄꢅꢆot
trenchinQ, bedding, and backfill.
Construct new 8" PVC C900 DR 14
water main, including but not limited
to furnishing of fittings and end caps.
Construction shall be per City of
Lomita Standards and include
9 3,260 $ $
1 ꢀ7. DO ꢁ7q, 2
ꢀ ꢁ
.
trenching, bedding, and backfill.
10 $
11 12
13 Provide and install 8" gate valve. 18
3 EA
EA
EA
LS
i,Dl ꢀD 3 b, ꢁ70. ꢀ
Furnish and install Fire Hydrant
Assembly per City of Lomita Standard
Plan W-110. 1$4.{DO31
_0
i
Furnish and install 1" water s�rvice,
connect to existing meter and box.
24 1
,30.6,
.
O Cut existing water main and remove
interfering portions. Plug with
concrete and abandon.
$
3,ꢁ5ꢂꢃoo
$3,
7S. Of
C-3
Tuesday, November 05, 2024 Reg CC MTG, Page *1108
Connect to existing water main
(includes installation of transition
couolinQ, if required per plans).
Construct AC pavement base course
including subgrade and base
preparation per City of Lomita trench
detail.
14 15
5 EA
SF
1$4,
$
o.oIC 730. o
,
2,310 $ $
lb.DO%,qbD.
Cold plane asphalt concrete (2") .
16 0
17 257
29 SY $ $
depth per City of Lomita standards. ,
Construct AC pavement cap per City
of Lomita trench detail. $5300 $ TON I 51
Construct AC pavement base course
including subgrade and base
preparation per City of Los Angeles
trench detail.
18 7,210 SF $ $
lOO )
.
D&I '
l
Cold plane asphalt concrete (2")
depth per City of Los Angeles 19
standards. oo
20 801
90 SY $
J
$
$
I 015,
1 zz,
Construct AC pavement cap per City
of Los Angeles trench detail. o
$ 2/. TON
0 Construct AC pavement base course
including subgrade and base
preparation per Caltrans trench
detail.
21 775 SF $
22.0° $17✓0o
Cold plane asphalt concrete (2")
22 depth per Caltrans standards.
23 86
10 SY $
$
l'IO
.
$
.
Construct AC pavement cap per City
of Caltrans trench detail. Zoo $
8,boo.o?
TON
Construct PCC bus pad including
dowel installation, subgrade and base
preparation per Caltrans standards.
I
24 795 SF $ 0. o 0
qi 7DD. o $ c
Replace damaged pavement striping,
25 markings, reflectors, legends.
26 1
5 LS
EA
$ D.
g
O
.
Ol
$
J
Soil sampling if hazardous soil is
encountered (As Needed Only) I, 20-
4 d
$ $
$
Z,0
Excavation, haul away and disposal
of hazardous soil if encountered (As
Needed Only)
Install Type D and E Traffic Signal
Loop Detectors per Caltrans Standard
Plans ES-58
27 28
180
18 TN $
EA
O
o
.
$ $ b
C-4
Tuesday, November 05, 2024 Reg CC MTG, Page *1109
Import, place and compact crushed
miscellaneous base if hazardous soil
is encountered (As Needed Only) I&.D , .>
D
29 180 TN
$ $
TOTAL BID $1/l7b
C
(Items 1 through 25 & 28 excluding Bid items 27 & 29)
I
TOTAL BID:
Words
*BIO MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES ANO WORDS.
The undersigned urthermore agrees to enter and execute a contract, with necessary bonds, at the unit prices set h herein and in case odeault in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be orfeited thereby to and remain the property o the City o Lomita.
The above unit prices include all work appurtenant to the various items as outlined in the Speciications and all work or expense required or the satisactory completion o said items. In case o discrepancies between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has careully examined the Plans, Speciications, and Contract Documents, and has investigated the site o the work and is amiliar with the conditions thereon.
contractor SphenDock Equip
--
--
Date: 04/11/2024 By: /
Pablo Viramontes - Vice President
Contractor's State License No.: 665471 Class A Exp. Date: 02/28/2026 Contractor's Address: 9075 Telegraph Rd, Pico Rivera, CA 90660 Phone: 562-949-4949
C-5
Tuesday, November 05, 2024 Reg CC MTG, Page *1110
ACKNOWLEDGMENT
A notary public or other officer completngths
certfcate verfes only the dentty of the
ndvdual
who sgned the document to whch ths certfcate
s
attached, and not the truthfulness, accuracy, or
valdty of that document.
State of Calforna
County of Los Ange les )
On -04/1_1/=20 24_____ before me, __S yl_v_ai_S_i_fu_e_n_tes_(N_o_taP_u_b_l _ic) ___
nsert name and ttle of the
offcer
personally appeared Pablo Viramo n tes
who proved to me on the bass of satsfactory evdence to be the person$ whose name} s subscrbed to the wthnnstrument and acknowledged to me that heli executed the same n
hsflauthorzedcapacty, and that by hsthersgnature$ on the nstrument the
I person certfy$, or the entty upon behalf of whch the person$ acted, executed the nstrument. under PENALTY OF PERJURY under the laws of the State of Calforna that the foregong
paragraph s true and correct.
WITNESS my hand and offcal
seal.
eeaoeeee
Nota Publfc • California z
SYLVIA
SIFUENTES
Los An9eles County -
Commission 2419640
y Comm. pO 7, 2026.
Sgn (Seal)
Tuesday, November 05, 2024 Reg CC MTG, Page *1111
CONTRACTOR'S AFFIDAVIT
STATE OF CALIFORNIA
Los Angeles
}
}
COUNTY OF }
_P_a
__blo_V_a
_
o____
_____
_____
__
ir m ntes
sworn, deposes and says:
, being first duly
-----i-ce-P-res-ide-nt-------------- 1. That he is the V TitIe
Stephen D reck Equipment Rent ls, Inc. of o a
(Name of Partnership, Corporation, or Sole Proprietorship) hereinafter called "Contractor," who has submitted to the City of Lomita a proposal for:
247TH STREET AREA WATER MAIN REPLACEMENT
2. 3.
That said proposal is genuine; that the same is not sham; that all statement of facts therein are true;
That such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Contractor did not, directly or indirectly, induce, solicit or agree with anyone else to submit a false or sham bid, to refrain from bidding, or to withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Lomita, or of any other bidder, or anyone else interested in the proposed contract;
5. 6.
That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder or to induce action prejudicial to the interests of the City of Lomita, or of any other bidder or of anyone else interested in the proposed contract;
That the Contractor has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
C-6
Tuesday, November 05, 2024 Reg CC MTG, Page *1112
7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, panership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Lomita, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _11th__ day of ____A_____, 2024
als, lnc. Subscribed and Sworn to
Pa lo Viramontes - Vice President
Title
before me this _1_1_th__ day of ___ Ap_l____, 2024.
Nata ubh I and for said. Sylvia Sifuentes/ Notary Public County and State.
(Seal)
C-7
Tuesday, November 05, 2024 Reg CC MTG, Page *1113
A notary public or other offcer completngths
certificate verifies only the identity of the
ndvdual
who signed the document to whch ths certfcate
is attached, and not the truthfulness, accuracy, or
ald of that document.
State of Calforna
County of Los Anqeles
Subscrbed and sworn to (or affrmed) before me on ths 11th day of April , 2024 , by Catherine R. Doreck and
Pablo Viramontes
proved to me on the bass of satsfactory evdence to be the person(s) who appeared before me.
SYLVIA
FUE •
=
Nota Public •
frn
los Angeles County
!
/ Commission# 2419640
.< ., My Comm. Expires Oct 7, 2026
(Seal) Sgnatu
Tuesday, November 05, 2024 Reg CC MTG, Page *1114
'
•
BID BOND (10%) Bo nd No. CSBA-26751
KNOW ALL MEN BY THESE PRESENTS: T pment Renta s, In c. hat we , Stephen Do reck Equi l
a tes olutio ns A me rica l nsu ra n c e c o rpora t io n as principal, and __s wsi s Re Corpor_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _
_ _
_ _ _____
as sureties, are held and firmy bound unto the City of Lomta, State of Carna in the penal su of Ten Perc ent of Amount Bid dllars ($ 10% for te payment wheref we hereby bnd ourseves, ur successrs, eirs, execu ), rs r
admnisratrs jntly and severally, firmy by these
presents.
The cnditin f ths bgaons such that, whereas the abve bounded pricial is
abu file wth ad submt the Ciy of Lmia a bd r prpsal for the eane
of cea work as requred In the Cy of Lmita, sad wok beng: 247TH STREET AREA
WATER MAIN REPLACEMENT in cmpliance wth the Specficatins terefr uder an
invitatn of said City cnained in a ntice r advertsement fr bids or prposals; nw if
te bid or proposa of the said pincipal shal be accepted and if he said wrk be thereupon awarded the picial by said City and if the said prncipal shal enento a
ctract wth the sad City n accordance with said bid or propsa, or f the bd r
prsal f the sad pincipas rejected, then ths bnd shal be vid and f n effect
and ose in fulce and effec.
WITNESS ou s 4th day f __Ap_ri_l
___, 20_24_.
2 epheo·r 1
s,£
S rney-ln-Fact
mey-in-Facl
Name: Evan Kotchevar
Loc l Addr ss: a e 777 S Figueroa ,Street, Suite 3700
Los Angeles, CA 90017
Phone No.: -13-)
4 5
-
7-6
-
195
---------
(2
Fax No. : ------------- N/A
C-8
Tuesday, November 05, 2024 Reg CC MTG, Page *1115
ACKNOWLEDGMENT
A notary public or other offcercompletng ths
certifcateverfes only the dentty of the
ndvdual
who sgned the document to whch ths certfcate
s
attached, and not the truthfulness, accuracy, or
valdty of that document.
State of Calforna
County of Los Angeles )
On
_04/11=/
2 024____
before me, -
ylva
ene
s (Noa
Pblc} __
__
nsert name and ttle of the
offcer}
personally appeared Pablo Viramones
who proved to me on the bass of satsfactory evdence to be the person) whose name) s subscrbed to the wthnnstrument and acknowledged to me that heI executed the same n
hsYJ authorzed capacty) and that by hsthersgnature) on the nstrument the
person). or the entty upon behalf of whch the person) acted, executed the nstrument. '
I certfy under PENALTY OF PERJURY under the laws of the State of Calforna that the foregong
paragraph s true and correct.
WITNESS my hand and offcal seal.
SYLVIA
SIFUENT
ES
- California
Los Angeles
ota Public
County f
ission # 2419640
My Comm. E
Sgnature ------
ylvi
(Seal)
Comm
xpires Oct 7,2026
Tuesday, November 05, 2024 Reg CC MTG, Page *1116
ACKNOWLEDGMENT
A notary public or other offcer completing ths
certfcate verfes only the dentty of the
ndvdual
who sgned the document to which ths certficate s
attached, and not the truthfulness, accuracy, or
vald of that document. State of Californa
County of Or nge
On Apr 4 I 2024 before me, ___M_e_lis__A_n_nVacNP_____
(nsert name and ttle of the offcer)
personally appeared Shunn Rzee
who proved to me on the basOstr of sat msfacto evdence to be the person(s) whose name(s) s/are subscrbed to the withnnstrument and acknowledged to me that he/she/they executed the same n his/her/their authorzed capacty(es), and that by hs/her/ther sgnature(s) on the nstrument the persn(s), or the entity upon behalf of which the person(s) acted, executed the nstrument.
I cert under PENALTY OF PERJURY under the laws of the State of Californa that the foregong paragraph s true and correct.
WITNESS my hand and offcal seal.
Sgnature0 (Seal)
MessAnnV ro
Tuesday, November 05, 2024 Reg CC MTG, Page *1117
Bond No. CSBA-26751
SWISS RE CORPORATE SOLUTIONS
GENERAL POWER OF ATTORNEY
WI RE ORPORTE OLUTOR IURE ORORTIO
("RI")
WI RE ORPOTE OLUTOER UE ORPORTIO
("RPI")
WETORTUE ORPOTIO
("WIKNOW A '') N BY S PESNS,HASCSAIC, a corpoation duly orgzed and existing unde laws ofthe Stae ofMissoi, and
having its principal office n the City ofKansas City, Missomi, and SCSPIC, a corporation organized and existing nder the aws ofthe Stae of
M ssr and h v· 1g ts prncpalffice in the y ofCit, Missour, and WIC, ganized der the laws ofh State ofMissor,d havg its
pricipaoffic in te Cfass Cit, Missi, each des hreby ake, consie d appnDA: HUCABAY, AUO AYAA, DWTGHIY, SHANNA OZL OSOM,
FAK MOONS.
CH D. SONG, BN SONG, . NAPPI, CSALIBAOE, ADINNGE, and BNJ WOF
JOINY OSVRAY Its true and lawl Atomey(s)-in-act, to e execte, seal and deliver, for and on its behalfand as its act and deed, bonds or oher itings oblgo in the nature ofa bnd on behalfofeach ofsaid Copanies, as surety, on contracts ofsuryship as are or ay be reqired o peritted by
law, regulation, contract o oheise, provided that no bond or undeakng or contract or sureyshp exected nder ths authority shall exceed the
aont of:
ON HNDED WNTY-FIV MILION ($125,000,000.00)
hisPower ofAtoey is grted aDOARS d is signed by facsil under d by h athoriy ofhellowing esolutions adopted by he Boards of
Drectors ofboh SCSAIC and SCSPIC at eetings dly called d held on the 18th ofNovebe 2021 and WIC by wrien consent ofits
xecutive Coitee dated Jly 18, 2011.
"ESOVD, that any tw ofhe Presiden, any Magg Drector, any Senior Vice Pesdent, ny Vice President, he Secretary or y Assistt
Secretary b, and each or any ofthe hereby s, authorized to excute a Power ofAoey qaiing the atomey naed n the given Power of
Attoey to execute on behalfofe Corporaon bonds, undeings and all contacts ofsrey, and that each or any ofthe hereby is auho izedto
ats to the exection ofy suchPower ofAtoey and to atach herein he seal ofthe Corporaion; d it is RESOLVED, that the signature ofsuch officers and he seal ofhe Corporation ay be affixed to y sch Power ofAoey or to
any cerificae relaing thereto by csiile, and y sch Power ofAtorney or cerificate bearing sch facsiile signatures or csile sea shall be
duon the Corpoation when saffied and in he future with regard o anv bond, ndertaking or contracofsrety to which it is atached."
,
\,
,
,,u
,
u11
1t,
!
,,
'
,
,,,;",,, ",,,,
,
o
,,
11 .
1 1
U 1
111;
,,
, ,
,
,
-- 0
i:-
o\
00 . J
i
··s
r·l\
Ek Janssens, Seio Vice President fSRCSAIC &Seio Vice President
By____
ofS
_
RCS
_
PIC_
&_
Se_iorV_ice_
Pre_side_nt o
_
fWI
_
C___ ff/s \t
{Ji E
A
, E A
)lJ r..._, 1973, _..
•
._
, 0
·
Gel'd Jagwski, Vice Pesident SRAC & Vice Pde
ofSRCSPIC
,s•••••
,,""
By__________________
, , ,
'S•••••.
•o , ,,
& Vice President ofWIC
,;fh1011ut'l\ \ ,,,,,,,,,111\tt\ "
IN WITE WHEREOF, Al, Pl, and WI have caed eroffical seals o be hereno aend hese presensto be sgned by ther
authozed officers
sday of NOVEMBER 20_2_2___
Swiss Re Corporate Solutions America Insurance Corporation State ofIllinois Re Corporate Solution Premier Insurance Corporation
o ofk Westport Insurance Corporation
_
On his day NOVEMBER , 20 befoe e, a oPublc personaly appeaed Ek assens, enor Vce Presdent ofl
of
and enior Vce Presdent ofPI and enior Vce Presdent ofWI and Gerad agowski , Vce President ofl and Vce Presdent of
PPI and Vce esde ofWI, persoally kow o e, who beig by e dly so ackowledged aey sged e above Powefoey
as officers ofand acknowledged sadnset to be e vol act ad deed oftheir respectve copanies.
\1
:. . ,.·-.- °
I, edbthe duly elcted Senlo, Vice Psden and Assisant ofl and CPIC and WI, do hereby ce that the above and
regogs a a corect copy oft Power fgven b sad CI and CPIC nd WIC, which s sill in force and effec.
IN WITESS W.HEREOF, I bave se my hand affixed the seals f Cmpanies hidaof
April . 20.
eey Goldberg, enor Vce
Presdent &
Asssanecet
ofAI and
PI
andWI
Tuesday, November 05, 2024 Reg CC MTG, Page *1118
LIST OF SUBCONTRACTORS
247TH STREET AREA WATER MAIN
REPLACEMENT
The Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Section 2-3 of the Standard Specifications.
Name Under Which Subcontractor is Licensed:A 1\ Aer-' __6_·Jt I
License Number: ]3
Address of Office, Mill or Shop: J , 6h,yo, 9Z71 ,
Specific Description of Sub-Contract: b \ I
Name Under Which Subcontractor is Licensed:-G-------p------ License Number:
-----
Address of Office, Mill or Shop: ____________________
Specific Description of Sub-Contract:__________________ Name Under Which Subcontractor is Licensed:-------------- License Number:
-----
Address of Office, Mill or Shop: ____________________
Specific Description of Sub-Contract:__________________ Name Under Which Subcontractor is Licensed:-------------- License Number:
-----
Address of Office, Mill or Shop: ____________________
Specific Description of Sub-Contract:__________________ Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list alternate subcontractors for the same work.
C-9
Tuesday, November 05, 2024 Reg CC MTG, Page *1119
CONSTRUCTION PROJECT
REFERENCE s d d d d d (Work imilar in magnitu e an egree of ifficulty complete by Contractor within the pa t three [3] year .) s s
e 1. Name (Firm/Agency) : _Cy_i_of_l_g_l_w_oo_d____________ t n dd ss
_
Manhtr Blvd. Inglwood, CA
903 12
A re : 1
Contact Pers on: Thoma L Telephone .: No 3
10-412-
5333
Title of Project: Waetr Ma n Replacement FY2021-22 Pr jec t i o Project Location: Ovrhll Drv and Van
NAv Date of Completion : 07/11/202 Contract Amount:$
920.775.00
3 a e
t__ __
_ __
e 2. Name (Firm/Agency): n_
dd ss: 12 __C yi_of_G_r_d_ Gr_o_v____ 860 Eulid Strt Gardn Grov, CA 92840
A re
Contact Per on: ________ s C arina Dan
Telephone No.:__71_4_4_4__14_6
8 -
5 _
_
_
_
-
Watr Improvmnt
Projt
Title of Project:
O angwoodAv and Dal
Strt
r
Project Location:
Date of Completion: _1 111_112_0_2_____ Contract Amount:$ 2,719,470.00
_
3 3. Name (Firm/Agency): Vola Watr Wt Opratng
dd ss 437 N. RvrdAv, SRalto, CA
9237
A re :
Contact Pers : Mihll M
Ly
6 on Telephone No. :__909 341
_-__-
8_6_ __
24 Watr Improvmnt Projt
oothill Blvd and
SyamorAv
Title of Project:
: F
Project Location Date of Completion: _o_s11_2_12_02
__
3_____
Contract Amount: $ 1, 27, 835
.00
8 C-10
Tuesday, November 05, 2024 Reg CC MTG, Page *1120
VIOLATIONS OF FEDERAL, STATE OR LOCAL
LAWS
1. Has your firm or its offcers been assessed any penalties by an agency for noncomplance or voatons of Federa, State or Locaabor aws and/or busness
or censng reguatons withn the past fve (5) years reating to your constructon
Yes/No: projects? No
---------Federa/State:---------
lf"yes," dent and descrbe, (incudng agency and status): _______ Have the penalties been paid? Yes/No: _______________
2. Does your frm or ts officers have any ongoing nvestgatons by any pubc
agency regardng voatons of the State Labor Code, Caforna Busness and
Profess Yes/No: No ons Code or State L Code/Laws:censing Laws? Secton/Aice:
----- -------
If "yes," dentfy and descrbe, (incuding agency and status): _______ C-11
Tuesday, November 05, 2024 Reg CC MTG, Page *1121
DISQUALIFICATION OR
DEBARMENT
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been dis ualified, removed, or o q hese prevened from bidding on, j performing work on, or completing a federal, sae or local pro ec because of a violation of law or a safety regulaion? Yes/No: No . If yes, provide the following informaion (if more han once, use separae sheets : )
Date: En i : ___________________ ty
: ____________________________
----------------------------
-------
Location
Reason:
Provide Status and any Supplemental Satement: ___ _________ _ _ Has your firm been renstated by this enity? Yes/No:_ ___________ C-12
Tuesday, November 05, 2024 Reg CC MTG, Page *1122
ACKNOWLEDGEMENT OF
ADDENDUM
247th STREET AREA WATER MAIN
REPLACEMENT
ADDENDUM No. 1
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm's proposal.
The undersigned acknowledges receipt of Addendum No. 1 dated February 29, 2024.
ATTEST:
Stephen Doreck Equipment Rentals, Inc.
9075 Telegraph Rd, Pico Rivera, CA 90660
Principal:
Address:
By:
Pablo Viramontes
Title: Vice President
CITY HALL OFFICES • 24300 NAONNE AVENUE, LOMITA• CALIFOA 90717 (310) 325-7110• FAX (310) 325-4024• www.lomita.com/cityhall Tuesday, November 05, 2024 Reg CC MTG, Page *1123
ACKNOWLEDGMENT
A notary public o other office completing this
cetfcatevefes only the dentty of the
ndvdual
who sgned the document to whch ths certfcate
s
attached, and not the tuthfulness, accuacy, o
valdty of that document.
State of
Calfona County of Los Angeles )
On _04/11/2=024_____ befoe me, _aenes(Noa=Pbl
nset name and ttle of the
offce
pesonally appeaed Pablo Vramontes
who poved to me on the bass of satsfactoy evdence to be the peson$ whose name s
subscbed to the wthnnstument and acknowledged to me that helI executed the same n
hslfrlauthozed capacty, and that by hsthe sgnatue$ on the nstument the
peson$, o the entty upon behalf of whch the peson{ acted, executed the nstument.
I cefy unde PENALTY OF PERJURY unde the laws of the State of Calfona that the foegong
paagaphs tue and coect.
WITNESS my hand and offcial seal.
•••• . g
Nota Public • California z
SYLVIA
FUET
Signal (Seal)
Los Angele County (Nota Public) -
Commission 2419640
y Comm. p Oct 7,
2026
Tuesday, November 05, 2024 Reg CC MTG, Page *1124
ACKNOWLEDGEMENT OF
ADDENDUM
247th STREET AREA WATER MAIN
REPLACEMENT
ADDENDUM No. 2
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm's proposal.
The undersigned acknowledges receipt of Addendum No. 2 dated March 22, 2024.
ATTEST:
Principal: Stephen Doreck Equipment Rentals, Inc.
Address:
By:
9075 Telegraph Rd, Pico Rivera, CA 90660
/
Pablo Viramontes
Title: Vice President
CITY HALL OFFICES • 24300 NAONNE AVENUE, LOMITA• CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • .lomita.c/cityha
Tuesday, November 05, 2024 Reg CC MTG, Page *1125
ACKNOWLEDGMENT
A nota public or other office completing this
cetfcate vefes only the dentty of the
ndvdual
who sgned the document to whch thscetfcate
s
attached, and not the tuthfulness, accuracy, o
valdty of that document.
State of Calforna
County of Los Angeles
On _04/11 /2=0 24_____ befoe me, _ aentes (NotPbl) __
nset name and ttle of the
offce
pesonallyappeaed Pablo Viamontes
who proved to me on the bass of satsfactoy evdence to be the person whose namei s
subscbed to the wthn nstument and acknowledged to me that hel executed the same n
hs authozedcapacty, and that by hsthesgnature on the
nstument the
peson. o the entty upon behalf of whch the peson acted, executed the nstrument.
I cetfy under PENALTY OF PERJURY unde the laws of the State of Calfona that the foegong
paagaph s true and corect.
WITNESS my hand and offical seal.
(Seal)
Tuesday, November 05, 2024 Reg CC MTG, Page *1126
ACKNOWLEDGEMENT OF ADDENDUM
247th STREET AREA WATER MAIN REPLACEMENT
ADDENDUM No. 3
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm's proposal.
The undersigned acknowledges receipt of Addendum No. 3 dated March 27, 2024.
ATTEST:
Principal: Stephen Doreck Equipment Rentals, Inc.
Address:
By:
9075 Telegraph Rd, Pico Rivera, CA 90660
Pablo Viramontes
Title: Vice President
CITY HALL OFFICES • 24300 NAOE AVEUE, LOA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomitacoctyhall Tuesday, November 05, 2024 Reg CC MTG, Page *1127
ACKNOWLEDGMENT
A notary public o other office completng this
ceificate verifies only the identity of the individual
who signed the document to which thscetificate is
attached, and not the tuthfulness, accuacy, o
validity of that document.
State of Californa
County of Los Angeles
On -0_4/120_4_____ befoe me, _ ylv=ia =ifent=es (Nota = P bli=c) ____ inset name and title of the officer
pesonally appeared Pablo Viamontes
who proved to me on the basis of satisfactoy evidence to be the peson whose name subsc sibed to the within instument and acknowledged to me that he$ executed the same n hisflf
authoized capacity and that by histhesgnatue on the
instrument the
Jf
person. or the entity upon behalf of whch the person) acted, executed the instrument.
I cetfy unde PENALTY OF PERJURY unde the laws of the State of Califonia that the foegoing
paagaph is true and coect.
WITNESS my hand and o e• fficial seal. SYLVIA
SFUE5
•: otary Public • California
Los Angeles County
Commission# 2419640
,. My Comm. ires 7, 2026
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Tuesday, November 05, 2024 Reg CC MTG, Page *1128
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Lina Hernandez, Deputy City Manager/Public Works Director MEETING DATE: November 5, 2024
SUBJECT: First Amendment to the Agreement with Psomas for the Sanitary Sewer System Master Plan
RECOMMENDATION
Approve the First Amendment to Agreement 2023-33 with Psomas for the Sewer System Master Plan extending the term to December 31, 2027; approve change order No. 2; appropriate an additional $24,900 plus a 10% contingency of $2,490 for unexpected costs for a total not to exceed $27,390 from the Sewer Master Fund; and authorize the City Manager to execute the Amendment.
BACKGROUND
The City of Lomita’s sanitary sewer collection system serves a population of approximately 20,000 residents and consists of roughly 36 miles of gravity sewer lines.
The City’s legal authority to own and operate the sanitary sewer system is derived from its incorporation as a City. The City, on June 30, 1964, granted the County of Los Angeles the consent and jurisdiction to annex portions of the sewer system into the Consolidated Sewer Maintenance District (CSMD). By that action, the City has entrusted the management, operation, and maintenance of its local sanitary sewer system to the CSMD. The City, however, maintains ownership of the sewer system, and is responsible for ensuring that the public sewer infrastructure is correctly designed, adequately sized, and easily maintained.
With the potential for new developments in the coming years, a Sanitary Sewer System Master Plan was completed to ensure sufficient sewer capacity for all future needs. On October 15, 2024, the City Council approved the City’s first ever Sanitary Sewer System Master Plan developed by Psomas.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7h
Tuesday, November 05, 2024 Reg CC MTG, Page *1129
2 DISCUSSION
The Sanitary Sewer System Master Plan contained several recommendations, as described below.
New Development Sewer Studies
The Plan recommends that the City require specific sewer studies for new development projects. As a part of the specific sewer studies, applicable data can be added to the existing sewer system model to evaluate projected flow and downstream sewer capacity related to the new development.
Capital Improvement Plan (CIP) Projects
The Plan identified Capital Improvement Plan (CIP) projects for sewer line segments that are capacity deficient under future buildout conditions or that require excessive maintenance. Future buildout conditions are based on growth according to the City’s Preferred Land Use Plan (November 2023 version). The CIP projects are included in Attachment 1.
The cost estimates for the CIP projects are listed in the table below:
CIP Number Location Estimated Cost
1 PCH to Ebony (aka Backyard Pipeline) $7,907,938
DIV 1* Western Avenue $242,875
2 248th Street $252,300
3 Oak Street $478,500
Total $8,881,613
*Near-term flow diversion improvement for CIP #1.
The Plan identified the PCH to Ebony Capital Improvement (CIP No. 1) as the City’s highest priority of the three CIP sewer system projects. The pipeline is nearing capacity and has structural damage identified in CCTV review. The pipeline was constructed in the 1930s and the alignment through back yards creates maintenance and access issues.
This CIP is prioritized as it will require long-term planning beginning with a feasibility study to conduct a pre-design analysis to evaluate feasibility and develop a recommended alternative. The cost estimate for the feasibility study for CIP No. 1 is $208,800.
Due to funding considerations, a near-term capacity solution has been provided (DIV No. 1) to divert flows away from the back yard pipeline to the LA County Sanitation District trunk sewer along Western Avenue (Attachment 2). The cost estimate for DIV No. 1 is $242,875 as shown in the table above.
The second priority CIP is the pipeline replacement along 248th Street (CIP No. 2). The identified segment has a sag and is hydro cleaned by the CSMD every three to four months. The third priority CIP on Oak Street (CIP No. 3) is to correct a flat slope between Tuesday, November 05, 2024 Reg CC MTG, Page *1130
3 PCH and 256th Street by replacing the pipeline along with the adjacent segment(s) to provide sufficient slope.
Harbor Hills Sewers
The master planning process also discovered a situation where City of Lomita public sewers flow to private sewers located at Harbor Hills Public Housing Development (Harbor Hills) and then flow back to City of Lomita public sewers. This risk should be mitigated as maintenance of the private sewer lines at Harbor Hills is not being performed by the CSMD as it is with the other City sewers, and it is unclear if the Housing Authority is maintaining these sewers. With little to no maintenance, these sewers could allow sanitary sewer overflows (SSOs) and block service to the upstream residences located at and to the west of Harbor Hills. Attachment 2 shows the direction of sewer flow to the west of and through Harbor Hills. These sewer segments carry between 64% to 100% of City flows.
It is recommended that the City negotiate the acquisition of the sewers identified by yellow dashed lines in Attachment 2 from the Los Angeles County Development Authority along with necessary easements. If owned by the City, the CSMD could maintain them along with the other City sewers to ensure continued service and prevent SSOs. Staff has been working with Psomas to address this issue. A change order to the Sanitary Sewer System Master Plan Agreement to allow Psomas to continue assisting the City in addressing this issue has been submitted in the amount of $24,900. Staff recommends adding a 10% contingency to this amount for a total not to exceed amount of $27,390. In addition, this change order requests an extension of the contract term to December 31, 2027. This change in cost and term is included in the attached contract amendment.
The CIP projects listed above will require significant funding to implement. Some of this funding could come from the collection of sewer impact fees. The City does not currently collect sewer impact fees, however Willdan Financial is conducting a comprehensive user fees and charges rate study that will provide recommendations regarding sewer impact fees which will be brought before City Council for consideration in 2025.
FISCAL IMPACT
Staff is recommending authorizing an appropriation in the amount of $24,900 plus a 10% contingency of $2,490 for unexpected costs for a not to exceed total of $27,390, inclusive of previously approved funding, from the City sewer fund. Previously approved funding and contingency were used to cover the costs of the development of Sanitary Sewer Master Plan and change order 1 to conduct additional studies of the sewers in Harbor Hills. The feasibility study and CIPs will be brought before the City Council as additional funding is identified and appropriated.
Tuesday, November 05, 2024 Reg CC MTG, Page *1131
4 OPTIONS
1. Approve staff’s recommendations.
2. Provide staff with further direction.
ATTACHMENTS
1. CIP Projects Identified by the 2024 Sanitary Sewer Master Plan
2. DIV No. 1 and Harbor Hills Sewers Identified by the Sanitary Sewer Master Plan
3. First Amendment to Agreement 2023-33 with Exhibit A (Change Order)
4. Agreement 2023-33 with Psomas
Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
__________________________
Lina Hernandez
Deputy City Manager/Public Works Director
Tuesday, November 05, 2024 Reg CC MTG, Page *1132
Attachment 1
CIP Projects Identified by the 2024 Sanitary Sewer System Master Plan Tuesday, November 05, 2024 Reg CC MTG, Page *1133
Attachment 2
DIV No. 1 and Harbor Hills Sewers as identified by the 2024 Sanitary Sewer System Master Plan
Tuesday, November 05, 2024 Reg CC MTG, Page *1134
First Amendment to Agreement Between
Psomas, a California Corporation and the City of Lomita for Sewer System Master Plan
This First Amendment to the Agreement is made and entered into between the City of Lomita (“City”) and Psomas, a California corporation (“Contractor”). The City and Contractor mutually agree to amend the existing Agreement entered into on July 18, 2023 as follows:
RECITALS
A. On July 18, 2023, the City entered into an Agreement with Contractor for Sewer System Master Plan (“Agreement”) through December 31, 2024.
B. The City and Contractor now desire to enter into this First Amendment to the Agreement to amend the total compensation and to extend the term of the Agreement to December 31, 2027.
NOW THEREFORE, pursuant to Section 30 of the Agreement, and in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Subsection C of Section 1, entitled “Consideration and Compensation” is hereby amended to read as follows:
As additional consideration, CITY agrees to pay CONTRACTOR an amount of 149,940.00, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 10% of these estimated costs, or up to $14,994.00, for unexpected contingencies, or a total, not-to-exceed amount of $ 164,934.00. If CONTRACTOR incurs expenses exceeding its estimated costs of $149,040.00, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONTRACTOR to receive compensation for those costs.
2. Section 2 – Scope of Services. The CITY and CONTRACTOR agree to add the services and activities set forth in the scope of services attached hereto as Exhibit A for the Sewer System Master Plan.
3. Section 7, entitled “Term of Agreement” is hereby amended to read as follows:
The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2027 unless earlier termination occurs under Section 14 of this Agreement or extended in writing in advance by both parties.
4. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.
Tuesday, November 05, 2024 Reg CC MTG, Page *1135
5. The parties agree that this First Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
Tuesday, November 05, 2024 Reg CC MTG, Page *1136
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the __ day of ____ 2024, at Lomita, California.
City of Lomita Psomas
By______________________________ By _______________________________ Andrew Vialpando, City Manager Michael Swan, Vice President Attest: Approved as to Form:
________________________________ _________________________________ Kathleen Horn Gregory, CMC, City Clerk Trevor Rusin, City Attorney Tuesday, November 05, 2024 Reg CC MTG, Page *1137
5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707
Tel 714.751.7373
www.Psomas.com
October 9, 2024
Jenn Howell, PE
Associate Engineer
CITY OF LOMITA
24300 Narbonne Ave.
Lomita, CA 90717
Subject: Proposal for Change Order 2 - City of Lomita Sewer System Master Plan/Harbor Hills (Agreement No. 2023-33)
Dear Jenn:
It has been a pleasure working with you and the City on the preparation of the City’s Sewer System Master Plan and Change Order 1 (CO 1) related to investigation, preparation of a technical memorandum, and communication with the County relative to the Harbor Hills situation where in the process of preparing the master plan it was determined that the City’s public sewer system is discharging through a private sewer system owned by Los Angeles County Housing Authority, now Los Angeles County Development Authority (LACDA), and then back into a public City sewer system in Western Avenue.
Having completed the work related to CO 1, we now have a recommended direction forward from communication with Los Angeles County Public Works and Los Angeles County Consolidated Sewer Maintenance District (CSMD). CSMD indicated that the private sewers and manholes on LACDA property would need to be CCTV inspected per NASSCO requirements (and reviewed by both the City and CSMD staff) to determine if they are in acceptable condition for taking ownership and maintaining, respectively. Then LACDA would have to grant easements to the City for maintenance purposes. While not a County condition, there should also be an agreement prepared and executed by both LACDA and the City of Lomita transferring ownership of these sewers to the City.
It is Psomas’ recommendation that the CCTV inspection and easement preparation should be the responsibility of LACDA as a condition of the City’s taking ownership as well as future maintenance responsibilities for the sewer lines in question. However, this is an unusual situation and these items could be negotiated between the City and County.
It should also be noted that through the investigation portion of this work, Psomas has determined that the City already owns the 251-foot sewer segment from the manhole in Via Marquette downstream to the next manhole in LACDA’s Harbor Hills development and has an easement for the first 174-foot segment through the dedication of Tract No.
Tuesday, November 05, 2024 Reg CC MTG, Page *1138
Jenn Howell