Attachment No. 1
CITY OF POMONA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 8 th day of August, 2023, by and between the City of Pomona, a California charter city and municipal corporation, organized under the laws of the State of California, with its principal place of business at 505 South Garey Avenue, Pomona, California 91766 ("City") and Craftwater Engineering, a California corporation, with its principal place of business at 45 South Arroyo Parkway, Office 213, Pasadena, CA 91105 ("Consultant").
City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional engineering consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires t o engage Consultant to render such professional engineering consulting services for the Fairplex Stormwater Capture, RFP NO. 2023-1010 project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporate d herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the date of execution of this Agreement until December 31, 2025, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The (BB&K Aug 2019)
-2-
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this A greement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this A greement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and inco rporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project o r a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Oliver Galang, Principal.
3.2.5 City's Representative. The City hereby designates Jorge Anaya, Senior Water Resources Engineer, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall b e authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Oliver Galang, (BB&K Aug 2019)
-3-
Principal, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services a ssigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct e rrors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the a dequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage
3.2.10 Laws and Regulations; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Proj ect or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. (BB&K Aug 2019)
-4-
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5 ) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or t his Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines curre ntly in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which (BB&K Aug 2019)
-5-
definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules a nd regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provision s (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence (BB&K Aug 2019)
-6-
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allow ed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(BB&K Aug 2019)
-7-
3.2.11.4 Primary and Non -Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.5 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance sh owing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days afte r receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.8 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.9 Enforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.10 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (BB&K Aug 2019)
-8-
3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally respon sible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions availabl e to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11.12 Insurance f or Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of C ommercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
(BB&K Aug 2019)
-9-
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants t hat it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, off icers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its official s, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
(BB&K Aug 2019)
-10-
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Nine Hundred Fourteen Thousand Three Hundred Ninety Eight Dollars ($1,914,398) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of rene wal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages i n effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall p ost copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consu ltant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability (BB&K Aug 2019)
-11-
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsul tants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agre ement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance (BB&K Aug 2019)
-12-
of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Craftwater Engineering
45 South Arroyo Parkway, Office 213
Pasadena, CA 91105
ATTN: Oliver Galang, Principal
City of Pomona
148 North Huntington Street
Pomona, CA 91768
ATTN: Chris Diggs, Water Resources Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid a nd addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available (BB&K Aug 2019)
-13-
to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal righ t to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agree ment or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable f or its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsi ble or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public (BB&K Aug 2019)
-14-
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agen ts from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incid ent to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to th e extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.8 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, (BB&K Aug 2019)
-15-
Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or d escribe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall c onstitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not (BB&K Aug 2019)
-16-
employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anti cipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Requ ired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
(BB&K Aug 2019)
-17-
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF POMONA AND CRAFTWATER
ENGINEERING
CITY OF POMONA CRAFTWATER ENGINEERING,
INCORPORATION
By: By:
James Makshanoff Oliver Galang
City Manager Principal
Attest:
City Clerk
Approved as to Form:
Best Best & Krieger LLP
Kylee Otto, for City Attorney
(BB&K Aug 2018) Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
The scope consists of the tasks defined below.
Task 1 – Project Management
Consultant shall seek input and provide regular updates to City. This includes closely tracking the Project budget and schedule. All correspondence shall be directly with the City’s Project Manager.
Task 1.1. Kick-off Meeting
Upon receipt of a written notice to proceed from the City, a design kick-off meeting shall be held with City staff to review the overall scope of the Project. The meeting shall include a discussion of the team member roles and responsibilities, Project background and goals, schedule, communication protocols, and anticipated tasks and deliverables. The existing Safe Clean Water (SCW) Transfer Agreement and reporting criteria for the Project design as well as the anticipated evaluation criteria of the SCW Program (SCWP) for the future construction funding submittal shall be discussed. At the invitation of the City, other interested agencies and stakeholders such as the East San Gabriel Valley Watershed Management Group (ESGVWMG) shall be invited to attend. Consultant shall prepare agendas, meeting handouts/materials, and meeting summary notes for the kick-off meeting.
Task 1.2. Schedule
A baseline schedule showing major submittals and milestones shall be developed and updated to include meetings and workshops acting as the initial Project schedule upon start of Project.
An updated project schedule shall be provided at each progress meeting and included in monthly reports. Consultant shall assume one (1) schedule revision per month and a 24-month design timeline. Consultant shall follow critical path and recognize that some tasks cannot be started until others are completed.
Task 1.3. Weekly Status Updates
Consultant Project Manager shall provide a weekly update to the City’s Project Manager that details current Project activities, budget, schedule, status, and any potential issues. The weekly update shall incorporate a standardized form agreed upon between the consultant Project Manager and the City Project Manager that includes all of the items listed below for ease of tracking progress and is expected to be emailed. Additional discussions via the telephone shall be up to the discretion of the City Project Manager.
Task 1.4. Progress Meetings
Consultant shall participate in monthly virtual progress meetings with the City throughout the course of the Project. Consultant shall review the current status of the Project as a whole with a focus on the next upcoming deliverables and schedule. The City may invite necessary agencies and stakeholders as deemed appropriate. Consultant shall prepare agendas, meeting handouts/materials, and meeting summary notes (including a list of running action items) for the meetings. Twenty four design meetings from the notice to proceed to the design end are anticipated.
Task 1.5. Progress Reports
Consultant shall provide a written monthly progress report throughout the Project’s duration.
The progress reports shall contain a summary of the previous month’s expenditures to the total (BB&K Aug 2018) Exhibit “A”-2
contract, tracking of work performed versus dollars spent (S-Curve), pending action items, deliverables submitted, and an updated schedule. It shall also discuss upcoming efforts. A monthly invoice for work performed that lists current task expenditures and remaining budgets shall be included as part of the monthly progress report. The progress report is expected to be submitted as a searchable pdf no later than the 5th day of each month.
Task 1.6. Design Workshops
A Design Workshop shall be convened at a location to be named by the City, with the availability of teleconferencing the supporting design team, approximately one (1) week following submittal of each design milestone (Preliminary Design Review (PDR), 60%, 90%, and 100%). The consultant shall prepare a PowerPoint presentation, using the City’s template, to review the Project requirements as well as the construction schedule, costs, and constraints.
Consultant shall present the key Project design elements and decisions made that are shown in each design submittal, particularly when the design changes between submittals to ensure the City is on board with the Project revisions. Following this design workshop, it is anticipated that the City shall review the submitted milestone documents and an additional review workshop shall be completed as described in Task 6.
Task 1.7. SCW Regional Program Reporting
Participation in the SCWP requires periodic reporting as further detailed in the Regional Fund Transfer Agreement. Consultant shall prepare and submit the materials indicated below to ensure compliance with the terms of the Agreement.
Quarterly Progress/Expenditure Reports
Participation in the SCWP requires Quarterly Progress/Expenditure Reports. Consultant shall prepare the reports using a format provided by the SCWP and submit them to the City for review and comment before submitting to the Program. The calendar year shall be divided up into quarters with the end of the quarter months being March, June, September, and December. Reports shall be submitted no more than 45 days following the end of each quarter and include items specified in B-33 of the Regional Transfer Agreement.
Annual Summary of Quarterly Progress/Expenditure Reports Consultant shall prepare an annual summary of the Quarterly Progress/Expenditure Reports for submission to the Watershed Area Steering Committee. This summary report shall be submitted no more than six (6) months after the close of the fourth quarter and include the items specified in the Regional Transfer Agreement.
Miscellaneous Supporting Materials
Consultant shall provide necessary materials that the SCW Program requests that can assist with their evaluation of the Project or to fulfill any additional reporting requirements of the County, State, or Federal government.
Task 1.8. Stakeholder Coordination
Consultant shall perform project management duties including coordinating with additional stakeholders which may include the ESGVWMG, Upper San Gabriel Watershed Steering Committee (USGV WASC), Los Angeles County Public Works (LACPW), Los Angeles County Fairplex Association (LACFA), the State Water Resources Control Board (SWRCB), Los Angeles County Flood Control District (LACFCD), impacted utility companies, and city selected sub-consultants. The coordination effort shall ensure project understanding by interested parties through conference calls and in-person meetings where possible. This task assumes that a total of 4 meetings shall be required and shall be split among the above-listed groups as deemed appropriate by the City. Consultant shall prepare agendas, presentations, meeting handouts (BB&K Aug 2018) Exhibit “A”-3
and materials, and follow-up meeting summary notes for all coordination meetings.
Task 1.9. Quality Management Program
A robust quality management program ensures that the final product reflects the high standards of the consultant and satisfies the City’s needs. A project specific Quality Management Plan (QMP) shall be created that establishes the anticipated overall project Quality Process including Quality Assurance/Quality Control (QA/QC) team roles and responsibilities, quality control reviews, and associated documentation for the Project. Quality Assurance (QA) is ensuring quality is built into the work itself and Quality Control (QC) is checking to confirm the application of the QA. All deliverables shall be reviewed by a technical team, who shall evaluate the engineering calculations and design standards, and an administrative team, who shall evaluate the overall document readability/cleanliness. During the quality control check, comments may appear as plan markups or added directly to a Word document. Each sub consultant is expected to have their own quality management program to ensure the appropriate deliverable is produced and confirm to the consultant Project Manager that the program has been completed. All QA/QC activities performed during a billing period shall be documented within the written monthly progress reports.
Consultant shall be responsible for the establishment of a project dedicated to online file transfer protocol (FTP) to be used for electronic deliverable of all submittals. Some deliverables shall include electronic and hard copies and it is assumed that no more than four (4) hard copies shall be required.
Consultant shall not proceed with any out-of-scope items without prior written authorization from the City.
Deliverables
Weekly Status Update Emails
Monthly Progress Reports and Invoices
Safe Clean Water Required Progress/Expenditure Reports Project Schedule and monthly updates
Meeting agendas, presentations, and summary notes
Quality Management Plan
FTP Site
Digital copies of all final Project documents
Task 2 – Data Gathering, Site Reconnaissance, and Concept Evaluation
Consultant shall collect data as necessary to inform the preliminary design concept of the Project. All data received and researched through desktop analysis shall be field verified as necessary. The information collected, reviewed, and created shall be summarized into a Draft Basis of Recommendations Technical Memorandum (TM) and submitted to the City for review.
Consultant shall incorporate the City’s comments on the Draft TM into the Final TM. Eventually, the information contained in the Final TM shall be included in the Preliminary Design Report (Task 5).
Task 2.1 Records Research and Data Review
Consultant shall prepare a Data Collection Workplan outlining the studies anticipated to be requested and reviewed. Said data may consist of previous watershed studies, available water quality data to understand baseline water quality conditions, site specific hydrology and hydraulic studies, past topographic surveys, past community involvement, as well as construction as-builts, other engineering studies, landscape plans, irrigation plans, planning and (BB&K Aug 2018) Exhibit “A”-4
park master plan documents for the Fairplex. Some items shall be requested from the City and others from known public sources such as LA County of USGS. Consultant shall conduct an investigation of the available records that the City may have to verify the existence of any underlying encumbrances to the site development including any planning efforts at the site. At a minimum, data review shall include the Fairplex SCW Program Feasibility Study Report, Fairplex Specific Plan, and ESGVWMG Watershed Management Plan (WMP).
All available maps, planning documents, park master plans, engineering plans, and jurisdictional limits, and easements found shall be shown on the existing site plan.
Task 2.1.1 Environmental Review
Consultant’s environmental team shall perform a preliminary desktop review to identify any known environmental limitations such as jurisdictional delineation, potentially sensitive areas, or protected wildlife. After the desktop review is complete, Consultant shall visit the site to confirm the desktop review findings and identify any additional areas of concern that were not obvious through the desktop analysis.
Task 2.1.2 Geotechnical Review
Consultant’s geotechnical engineer shall perform a review of readily available background materials, including published geologic, geotechnical, and groundwater maps and data, seismic hazards maps, stereoscopic aerial photographs, historic topographic maps, and other reports/plans. Consultant’s geotechnical engineer shall perform site reconnaissance to observe and document the site geologic conditions.
Consultant’s geotechnical engineer shall also compile and review the collected field and background data. A memorandum shall be prepared that provides preliminary geotechnical data for use in conceptual design of the Project, including anticipated geologic conditions, depth to groundwater and potential geologic hazards.
Task 2.1.3 Review Summary
After all available data has been received and reviewed, Consultant shall identify and inform the City of any anticipated conflicts with planned improvements. Recommended alternatives shall be determined and discussed with the City before moving forward with the Conceptual design development.
Meet with the City staff to summarize the results of the data gathering as well as discuss design standards, approach, and deliverable expectations. This meeting shall be held prior to the start of the Concept Evaluation (Task 2.5).
Task 2.2 Field Investigation
The field investigation shall include one (1) day of field reconnaissance work between the Consultant and City representatives. The field reconnaissance shall be an opportunity to visualize, identify, and review potential Project component locations such as storm drain diversion options, pump station locations, conveyance, and storage, infiltration, or filtration alternatives. The field visit shall also include observation of existing utilities, traffic, street improvements, localized flooding, drainage patterns, access potential, and construction challenges. In addition, the City shall have an opportunity to provide input regarding opportunities and constraints as part of the Project’s development process, including a review of the potential surface improvements. Consultant and City shall discuss any identified objects and potential impacts before moving forward with the Project.
Task 2.3 Hydrology and Hydraulics
The Hydrologic and Hydraulic Study shall include design criteria, verification of design flows and runoff volumes, and presentation of concepts and alternatives. More specifically, this section shall consist of incorporating, evaluating, and modeling the opportunities and enhancements identified in the project approach.
(BB&K Aug 2018) Exhibit “A”-5
Task 2.3.1 Hydrologic Analyses
The drainage area, diversion, sizing, and filtration rate of the SCWP feasibility study serve as the basis of design for this effort. In the course of the site investigation, utility search, and geotechnical study, changes to the configuration may be warranted and a proper evaluation of the design change impacts is necessary.
Generate the long-term simulation statistics from the latest edition of the Watershed Management Modeling System (WMMS 2.0) to determine the average annual runoff, peak flows, and average annual pollutant removal. A summary of the land use and precipitation from the WMMS 2.0 model shall be included and compared to the existing WMMS hydrologic statistics that was completed for the SCWP Feasibility Study.
Consultant shall use the WMMS 2.0 model to reassess the system performance and verify that the SCWP scoring remains unchanged.
Task 2.3.2 Water Quality Analysis and Optimization
Consultant shall prepare an analysis based on the Hydrologic Study to quantify the existing/baseline water quality conditions and potential water quality of the Project incorporating and evaluating alternative treatment design layouts. Consultant shall utilize custom Python BMP models that are grounded in the modeling of EPA' SUSTAIN but updated to reflect analytical practices and treatment types that were developed after EPA support of the SUSTAIN model ceased to determine the anticipated average annual pollutant loading and associated reductions for the pollutants of concern in addition to flow volumes and sediment loading. Consultant shall ensure the performance meets or exceeds the reductions identified within the SCWP application while possibly reducing costs through higher efficiency treatment methodologies. The water quality modeling shall evaluate the benefit of outflow options of infiltration and filtration to evaluate possible alternatives that can increase Project performance while minimizing overall costs.
Task 2.3.3 Water Conservation Analysis
Consultant shall verify the potential annual groundwater recharge volume associated with the Project site and the inclusion of the possible enhancements. Consultant shall utilize the latest edition of WMMS2 and the EPA SUSTAIN adapted model to determine the water capture and ensure the design shall meet or exceed the values identified within the SCWP application.
Results from the Hydrologic, Water Quality, and Water Conservation Analyses shall be summarized in a Stormwater Capture Memorandum. Comments received on the memorandum shall be addressed and incorporated into a DRAFT and FINAL Hydrologic and Hydraulic Report that shall include the Operational Analysis (discussed below).
Task 2.3.4 Operational Analysis
The main Project components shall be heavily influenced by the modeling effort described above. Once the layout is finalized and reviewed by the City, two additional operational analyses shall be performed that shall 1) establish the best overall system operation and 2) ensure hydraulic capacity of the existing LACFCD drain line is not negatively impacted:
1) The flow through the BMP system is impacted by the valves, pumps, filters, and infiltration rates. Perform an operational analysis that determines the optimal operational sequence for controlling the stormwater path through the system by simulating hundreds of different system operation possibilities. The analysis shall use python coding to toggle valves on and off, pumps on and off, as well as (BB&K Aug 2018) Exhibit “A”-6
different outflow pipe heights that control the amount of water to be infiltrated versus filtered. Consultant shall run the actual storm flow rates from the last ten years through the system to determine the model that achieves the maximum treated stormwater but keeps in mind operational concerns such as pump cycling.
2) Evaluate the wet weather flows of the existing storm drain system (pipeline and/or channel) from which the Project shall divert flows. The models shall be set up in accordance with the LACPW standards and shall evaluate the hydraulic impacts of the diversion to the existing system. The consultant shall request the design flow rate from LACFCD which shall serve as the required conveyance rate. Consultant shall create the existing WSPG model and update with design changes to the proposed diversion structure and evaluate the impacts to the water surface and hydraulic grade line (HGL) for the specific design flow rate.
Analyze the pipeline from the diversion locations to the BMP to ensure pipeline capacity and determine the HGL for the anticipated flows diverted from the LACFCD pipelines.
Results from the two operational analyses shall be summarized and combined with information contained in the Stormwater Capture Memo and included in a Hydrologic and Hydraulic Report completed during the Preliminary Design stage (Task 5). A Draft version shall be submitted to the City and the LACFCD for review. Comments shall be addressed and a Final version submitted.
Task 2.4 Legal Feasibility Assessment
Assess the legal feasibility of the Project through discussion with the LACFA including land use, existing assets, and rights of users. Consultant shall confirm with the LACFCD if a separate agreement is required for ownership/control as well as for future operation and maintenance responsibilities of the stormwater capture project. A TM shall be prepared and submitted to discuss findings.
Task 2.5 Concept Evaluation
Upon completion of all the above activities, Consultant shall examine different diversion locations and associated inflow pipelines to the site as well as outflow pipeline from the site to Thompson Creek. Determine the best location for the subsurface storage that provides access for construction and maintenance activities. Accessory structures, such as pretreatment filter (i.e. hydrodynamic separator), trash full-capture devices, valves, pump stations shall also be shown and located where they are easily accessible.
An exhibit shall be created for each concept along with a summary of the advantages and disadvantages of each one. The selection of each concept shall consider information received in the other Task 2 activities such as land ownership, easement requirements, utility conflicts, required permits [including a possible Los Angeles County Sanitation Districts (LACSD) Build Over Permit], future planning efforts, surface impacts, constructability, construction and O&M costs, traffic impacts, community impacts, Fairplex operational impacts, safety, and environmental considerations. Assume exhibits are created at a 1”=40’ scale for horizontal layouts and 1”=4’ for vertical layouts (as needed) as well as special cross sections.
Develop a PowerPoint presentation that shows the concept exhibits and lists the advantages and disadvantages of each one. The PowerPoint shall be presented to City Staff with the intention of selecting one concept layout to move forward with to Preliminary Design. Four concept layout and evaluations are included in the budget. (BB&K Aug 2018) Exhibit “A”-7
Deliverables:
Stormwater Capture Memorandum
Concept Evaluation Exhibits and PowerPoint presentation Basis of Recommendations Technical Memorandum (TM) - Draft and Final (four (4) hard copies and one (1) electronic copy)
Task 3 – Right of Way Acquisition
All permanent Project facilities and construction activities shall be located within City fee title property, City easements, temporary easements, or public right-of-way.
Task 3.1 Acquisition Identification
Once property boundaries are identified and plotted in CAD (Tasks 2 and 4), and the concept evaluation is completed, identify the need for fee title property, temporary construction or permanent easements, and right-of-way entry permits. The findings shall be summarized in the Preliminary Design Report (PDR).
Task 3.2 Temporary Easements
Assume two (2) temporary construction easements are required for the Project. Prepare all exhibits, legal descriptions, and plats as required for the temporary easements. Consultant shall coordinate with the City’s Public Works Department for the acquisition of the temporary easements.
Permanent Easements (Optional if Required) for the stormwater capture facility components (structures, pipelines, and appurtenances) shall be addressed and prepared as part of a use and maintenance agreement with the Los Angeles County and the Los Angeles County Flood Control District. If required, Consultant shall prepare all exhibits, legal descriptions, and plats as required for the permanent easements (Task 11.7).
Deliverables: Results summarized in PDR (Task 5).
Task 4 – Investigations
Task 4.1 Survey/Utilities Evaluation
Accurate utility information is critical to ensure the most appropriate design that results in minimal change orders during construction. In addition to obtaining utility as-built information from utility purveyors, conduct both Subsurface Utility Exploration (SUE) and potholing to confirm horizontal and vertical locations at critical locations.
Task 4.1.1 Field Survey (Boundary and Topographic)
Conduct a topographic survey and site investigation to understand above ground and potential subsurface constraints that may limit the Project footprint. The topographic survey shall be used as a base map for the development of the design documents for the site. Survey shall utilize NAD83 horizontal controls and NAVD88 vertical controls for benchmark elevations. The survey file shall be wet signed and sealed by a Registered Professional Land Surveyor in the State of California.
Specific tasks include:
1. Conduct required research in the County & City websites for the locations of Bench Marks, Street monuments recorded maps and Record of Survey.
2. Conduct required Topographic Survey of proposed development area:
i. Prepare a SURVEY MAP at a scale of 1" = 30’ over the site shown on attached Exhibit “A” delivered in both hard copy and AutoCAD Civil 3D Base File format.
(BB&K Aug 2018) Exhibit “A”-8
ii. BOUNDARY lines established from field surveyed information. iii. Delineation of plottable EASEMENTS from a consultant supplied title report.
iv. HORIZONTAL LOCATION, size and description of buildings, driveways, walks, curbs, walls, fences, signs, poles, trees over 6" in diameter, and other permanent surface visible features.
v. TOPOGRAPHY at a 1 foot contour interval and spot elevations on a grid pattern in level areas.
vi. ELEVATIONS on driveways, walks, curbs, gutters, and walls, including at back of walk, top of curb every 25’ along abutting streets or parking lanes. vii. UTILITIES on site and in adjoining streets from available substructure maps joined, where possible, with visible signs of utilities located by the field crew. Field measured invert elevations on sanitary sewer and storm drain manholes.
viii. PARKING SPACE count [and delineation of surface parking stalls only]:
a. Incorporate utility as-built information received as part of Task
4.1.2 into AUTOCAD Survey file adjusting as needed to match items located in the field.
b. Incorporate site specific information that could restrict developable area (e.g. geologic or environmentally sensitive areas) into the AUTOCAD basemap.
Task 4.1.2 Utility Research
This task shall include identification of the appropriate right-of-way, utility search that shall guide the design layout and pipeline alignment for the Project. Utilizing USA Dig Alert’s website, a comprehensive utility matrix shall be developed, which shall be used to request utility atlas information. The letters to the utility purveyors shall be drafted and provided to the City for their review and placement on City Letterhead. It is necessary that the letters to the respective providers come from the City to ensure fees are not incurred. The atlas information shall be used to inform the design layout to minimize conflicts and shall be incorporated into the design plans, which is discussed further under Task 5.
If utility relocations are necessary, Consultant shall work with the City to prepare the necessary notices to utility purveyors and conduct utility meetings as required.
Task 4.1.3 Subsurface Utility Exploration (SUE)
Utilize the information from Tasks 4.1.1 and 4.1.2 and the approved concept layout, identify critical locations where SUE shall be most beneficial. These are most likely to occur at intersections where utilities cross or on private property where utility as-built information may be limited. Identify areas where SUE is proposed and send to the City for review and approval prior to scheduling of the field work. Assume three (3) days of SUE field investigations and three (3) days of office time to disseminate the SUE information into AutoCAD.
For ASCE Quality Level B utility detecting Consultant’s technicians shall detect most underground utilities by using one or all of the following: a standard electromagnetic utility locator, a ground penetrating radar unit, sonic wave generator and magnetic locator. With this method, locate: main water supply lines and associated branch lines made of metal (conductive) or water lines installed with a “tracer wire”, sewer and waste lines by electromagnetic location, power lines, telecommunication lines, gas lines with tracer wires.
(BB&K Aug 2018) Exhibit “A”-9
Consultant’s technicians shall mark the indications directly on the surface of surveyed areas using the American Public Works Association (APWA) Uniform Color Code. All utility locating marks are made in accordance with the Common Ground Alliance (CGA) Best Practices. Once lines have been detected, utilize the best option for marking the utility locations. Paint marks, pins, lathe with flagging and/or feathers shall be set for the survey field crew to locate once utility locating has been performed and shall be added to the CAD survey file.
Task 4.1.4 Perform Potholing
After the SUE is performed, potholing shall be completed to determine precise horizontal and vertical position as well as confirm utility type and material. When the utility is revealed, the type of material, utility size, and depth from the surface are documented.
Based upon the soils conditions or scope, Consultant shall choose air or water to create the pothole. After documenting any findings, each pothole shall be backfilled, compacted, and a perm-a-patch or hot patch shall be provided depending upon client specifications. A potholing report complete with photographs shall be provided at the conclusion of the job documenting the location, utility found, depth to top of pipe, utility size, material and the soil conditions. If no utility is found within the predetermined depth of the pothole, it shall be considered a dry hole. Additional holes may be necessary to provide a positive location of the utility. For the purposes of scoping this effort, twenty- five (25) potholes are assumed to be required through the course of the Project with ten (10) taken to the bottom of pipe or encasement. A pothole plan shall be submitted to the City for approval prior to mobilization of the potholing field crew.
The CAD existing conditions basemap shall be updated to reflect the results of the potholing investigation.
Deliverables:
SUE Exhibit
Potholing Plan
Potholing Report
Signed and Sealed Survey Plan (2 original hard copies and 1 pdf and AutoCAD file) Draft and Final Existing Conditions Plan (1 pdf and AutoCAD file) via the FTP site.
Task 4.2 Geotechnical Investigation
Conduct a geotechnical investigation at the Project sites to provide an understanding of the subsurface conditions and percolation rates of the on-site soils to provide geotechnical design and construction recommendations for the project.
Consultant’s geotechnical engineer shall include performing additional borings to further evaluate the soil and groundwater conditions in the Project area and performing field percolation tests in order to evaluate the infiltration rates in the area of the proposed infiltration gallery.
The results of the geotechnical exploration and infiltration testing shall be provided in a separate geotechnical report. Infiltration testing and report preparation shall be performed in general accordance with Los Angeles County Guidelines.
It is understood that the intent is to perform an investigation that is suitable for the full design of the facilities at this location.
At a minimum, the Geotechnical Investigation shall consist of:
Additional review of readily available background materials, including published geologic and seismic hazards maps, stereoscopic aerial photographs, groundwater data available on the Geotracker website, historic topographic maps, the referenced reports, and other reports/plans provided by the client.
(BB&K Aug 2018) Exhibit “A”-10
Acquisition of a Los Angeles County Environmental Health Department (LACEHD) permit for borings that are deeper than 10 feet below the ground surface. Site reconnaissance to observe and document the site geologic conditions and to mark the proposed boring locations for clearance by Underground Service Alert (USA). Coordination with USA for underground utility location prior to drilling. Subsurface exploration consisting of the drilling, sampling, and logging of hollow-stem- auger (HSA) borings and cone penetration test soundings (CPTs) to evaluate the subsurface soil, geologic, and groundwater conditions at the site. Some borings shall be used to perform percolation testing to evaluate the infiltration rate of the on-site soils.
The borings and CPTs shall be advanced using truck-mounted drill rigs to the proposed depths provided blow, or refusal, whichever is shallower. The borings shall be logged, and CPT operations observed by the Geotechnical Engineer’s representative.
Continuous soil profiles, tip resistance, and side friction shall be collected from each CPT. Relatively undisturbed and bulk soil samples shall be obtained from the borings at selected intervals and the samples shall be transported to Geotechnical Engineer’s laboratory for testing. The borings and CPTS shall be backfilled with cement-bentonite grout per the requirements of LACDEH. The number and depths of the borings, CPTs and percolation tests are as follows:
Task 4.2.1 Geotechnical Borings and CPTs
o Conduct one (1) small-diameter (8-inch-diameter) HSA boring up to approximately 65 feet in depth within the footprint of the underground infiltration gallery to evaluate the soil, geologic, and groundwater conditions below the anticipated invert depth of the gallery, to collect soil samples for laboratory testing, and to aid in liquefaction analysis of the site. o Perform Five (5) CPTs up to approximately 60 feet in depth within the footprint of the underground infiltration gallery to evaluate the subsurface conditions (continuous profiles) and to aid in liquefaction analysis of the site. o Conduct two (2) small-diameter HSA borings up to approximately 30 feet deep to evaluate the subsurface conditions at the locations of proposed in-line structures (i.e., pump station, hydrodynamic separator, trash capture device, etc.). o Perform three (3) small-diameter HSA borings to depths of up to approximately 15 feet to evaluate the subsurface conditions along proposed pipeline alignments.
Task 4.2.2 Required Percolation Test Borings
Conduct two (2) small-diameter HSA borings (8-inch-diameter) within the footprint of the underground infiltration gallery to the anticipated invert depth (i.e., approximately 15 feet deep). Temporary wells shall be installed in each boring to facilitate percolation testing per the County of Los Angeles (COLA) Guidelines for Geotechnical Investigation and Reporting, Low Impact Stormwater Infiltration (COLA, 2021).
Conduct two (2) large-diameter HSA borings (18-inch-diameter) within the footprint of the underground infiltration facility in accordance with the RFP to the anticipated invert depth (i.e., approximately 15 feet deep). Temporary wells shall be installed in each boring to facility percolation testing per the COLA guidelines (2021).
Field percolation testing shall be performed within the two shallow small-diameter borings and the two large-diameter percolation test borings at the anticipated invert depth of the facility (15 feet). The testing shall be performed using the “falling-head” method in the small diameter borings and “constant-head” method in the large diameter borings in general accordance with the COLA guidelines (2021). Actual test method (BB&K Aug 2018) Exhibit “A”-11
performed may vary depending on materials encountered during drilling.
Soil cuttings from the drilling shall be placed in 55-gallon drums and temporarily stored at a secure location, assume the Fairplex grounds. Representative samples of the drummed soils shall be collected and sent to a laboratory for analytical testing to characterize the soil for disposal purposes. Following characterization, the drummed soil shall be transported to an off-site disposal facility by a licensed waste-hauler.
Assume twenty drums of soil will be generated from the drilling.
Geotechnical laboratory testing of representative soil samples from the exploratory borings: laboratory testing shall include in-situ moisture and dry density, gradation, Atterberg limits, hydro-collapse potential, consolidation, direct shear strength, expansion index, and soil corrosivity.
For the data compilation and geotechnical analysis of data collected from background review, subsurface exploration and percolation testing, and laboratory testing, Consultant’s geotechnical analyses and recommendations shall include the following:
o Suitability of the proposed construction from a geotechnical perspective. o Anticipated soil and geologic conditions and potential geologic hazards at the site, including evaluation of liquefaction and dynamic settlement potential. o Evaluation of the site seismicity, including anticipated ground accelerations and CBC seismic design coefficients.
o Evaluation of the depth to groundwater and potential impacts to the project based on exploratory borings and readily available groundwater data. o Evaluation of infiltration rates and suitability of the on-site soils for infiltration. o Evaluation of the expansion potential of the site materials. o Site excavation characteristics, including potential for difficult excavations, such as caving and the presence of over-size material (i.e., cobbles and boulders). o General earthwork and grading considerations, including compaction requirements and suitability of on-site material for use as fill. o Evaluation of settlement potential for structures and appropriate site preparation, including remedial excavation and recompaction.
o Analysis of the temporary stability of excavations and shoring pressures, including allowable lateral earth pressures and allowable passive pressures. o Evaluation of suitable foundation types including shallow footing foundations with allowable bearing capacities, friction coefficient, and allowable passive pressures.
o Evaluation of pavement sections for use on the project. o Evaluation of the corrosion potential of the site soils and the appropriate type of concrete to be used during construction.
o Preparation of a DRAFT geotechnical evaluation report that presents any findings, conclusions, and recommendations for review by the City and project design team.
o Review and preparation of responses to one round of review comments. o Preparation of a FINAL geotechnical evaluation
Deliverables:
Geotechnical Investigation Report – Draft and Final (wet signed and sealed by a Licensed Geotechnical Engineer in the State of California). Written certification of review of 90% design completed by geotechnical engineer. (BB&K Aug 2018) Exhibit “A”-12
Task 5 – Preliminary Design
Task 5.1 Preliminary Design Report (PDR)
This task encompasses the integration of collected site data and preliminary studies to serve as the basis of design for the project and guide the project to final design.
Develop project objectives and constraints relative to the project goal of multi-beneficial, innovative, and efficient regional stormwater capture. Consultant shall work to establish recommended measures of performance for each project objective, which shall include the operation and maintenance costs, present capital costs, service life, scale to cost relationships, and park impact minimization. Information included in the Technical Memorandum created as part of Task 2 shall be incorporated into the PDR.
The PDR shall include, at a minimum:
1. Project Description that clearly defines project goals and objectives and how the design shall meet them.
2. Discussion on expected utility and agency coordination and associated requirements.
3. Summary of applicable studies reviewed as part of Task 2 such as the Fairplex Specific Plan, or the Watershed Management Plan.
4. Summary of surveying and utility findings. The existing conditions plan prepared under Task 4.1 shall be attached to the PDR.
5. Geotechnical investigation summary. The Geotechnical Report prepared under Task 4.2 shall also be attached to the PDR.
6. Assessment of impacts to Fairplex operations and local community.
7. Hydrologic and Hydraulic Summary that shall include design criteria, verification of design flows and runoff volumes, BMP sizing, as well as pipeline hydraulic evaluations and sizing.
8. Discussion on construction materials and recommended product selections including pretreatment and/or in-series pretreatment combination, pipeline connections, and valve types.
9. Description of existing properties, rights-of-way, easements, and required permits or easements needed for construction.
10. Miscellaneous design considerations such as pipeline alignments, corrosion protection, safety.
11. Discussion on anticipated construction challenges including utility relocations, phasing/timing, approvals required, inspections, and commissioning.
12. Design and construction schedule with critical paths and milestones identified.
13. Discussion on required operations and maintenance of major project components and associated costs.
14. Estimate of probable construction costs.
15. List and description of studies to be completed during the final design phase of the project.
16. List of final drawings and specifications anticipated to be developed during the Preparation of Contract Documents phase (Task 6.0).
17. Evaluation on whether or not stormwater harvesting, treatment, and onsite reuse should be considered for the Project.
18. Preliminary Design Plans (30%):
a. Follow the original concept design as the baseline and identify opportunities for optimization or improvement as the design progresses. Any revisions to the (BB&K Aug 2018) Exhibit “A”-13
Project shall be carefully reviewed to ensure compatibility with the SCW funding transfer agreement and with the City’s internal project goals. b. Prepare 30% preliminary design plans using AutoCAD Civil3D software 2018 or newer. The existing conditions plan developed as part of Task 4.1 shall be used as the basemap for the design with proposed improvement connections clearly shown. Plans shall be 24”x36” in size and attached to the PDR.
Task 5.2 Preliminary Design Workshop
The goal of the Preliminary Design Workshop is for all participants/stakeholders to have a thorough understanding of the project design basis and provide a solid foundation for final design.
Task 5.2.1 Site Review
Following completion of the Draft PDR, the Consultant, City’s Project Manager, and Operations inspection staff shall conduct a field review. The purpose of the field review shall be to visually place the 30% design in context with the existing conditions and surrounding environment. Discuss the placement of different project elements and quantify impacts, mitigation measures, and identify alternatives. Of particular interest are the places where the proposed design meets existing at the project limits.
Task 5.2.2 PDR Presentation.
After the field review, prepare a detailed PowerPoint presentation of the Draft PDR and send to the City PM for review. Revise the presentation per City PM’s comments and submit Final PDR presentation. Once approved by the City PM, present the PowerPoint to City staff at the design workshop. Document any additional comments on the PDR presentation from City staff and incorporate them into a Final PDR document.
Deliverables:
Draft PDR (submitted electronically)
Final PDR (4 hard copies and 1 electronic copy)
Draft and Final PowerPoint presentation (submitted electronically)
Task 6 – Preparation of Contract Documents (Plans and Specifications)
Prepare improvement plans, specifications, calculations, reports, and process the necessary permits to enable the City to bid and award the Project. Consultant shall be in close contact with the City’s Project Manager to ensure that they are in tune with ongoing activities.
Provide contract documents suitable for bidding including plans and specifications and Estimate of probable construction costs (EOPCC), as well as supporting documents such as calculations and construction schedule. In addition to 100% documents, documents shall be submitted at 60% and 90% design levels. Plans shall meet all applicable federal, state, county, and City standards.
Task 6.1 60% Drawings, Specifications, and Estimate
Drawings:
For the 60% design submittal, develop drawings to the 60% design level.
The 60% submittal shall consist of plan sheets that show changes to the 30% design and provide a greater level of detail. Most plan sheets shall be at 1” = 30’ scale and 24”x36”. At 1”=30’ scale, the consultant shall anticipate 10 plan view sheets shall be needed to show the entire project limits. Plan sheets shall be prepared using AutoCAD (BB&K Aug 2018) Exhibit “A”-14
Civil3D software 2018 or later. Typical Civil plan sheets shall include Title Sheet, Key Map, General Notes, Site, Grading, Utility Plan and Profile, Erosion Control, Construction Staging, and Details. Mechanical pump station layouts, electrical component layouts and routing, and structural details of the diversion structures shall also be provided as part of the 60% design as these components are critical to the design.
The set shall also include larger sheets that show overall layouts, and these may be at 1” = 100’ scale. Detailed/Enlarged View plans may be required at a larger scale such as 1” = 10’. The hydraulic profile of the system shall be shown on a plan and profile sheet.
List of anticipated drawings:
Drawing
No.
Title
G-1 to G-8 Title Sheet, Index, General Notes, Notices, Boring Logs, Construction Sequence, and Erosion Control Plan
C-1 to C-21 Civil Plans (Demolition, Site Plan, Demolition, Plan and Profile, BMP Schematic, Grading Plan, and Details)
L-1 to L-23 Landscaping Plans (Irrigation,
Planting and Details)
S-1 to S-10 Structural Plans, Notes, and
Details
M-1 to M-5 Mechanical Plans, Notes, Section, and Details E-1 to E-12 Electrical Plans, Notes, Single Line Diagram, and Details I-1 to I-4 Instrumentation, P&ID, and
Instrument List
Existing City facilities shall be labeled with the appropriate existing record drawing number and screened back on the plan drawings.
The plans shall be prepared using NAD88 horizontal datum and NAVD88 vertical datum from benchmarks established by the surveyor during Task 4.1.
Specifications:
Technical Specifications shall be prepared in addition to the use of Greenbook Standard Specifications for Public Works Construction. Supplemental specifications provided by the City of Pomona shall be incorporated. The 60% submittal shall be limited to an outline of anticipated technical specification sections. Specifications shall be prepared using CSI MasterSpec Format 2020 and be submitted in Microsoft Word and pdf format.
Estimate of Probable Construction Costs (EOPCC):
Utilize the cost estimate prepared as part of the Safe, Clean Water Application as the base for estimating construction costs and update as project elements are better quantified during each stage of the design.
The EOPCC shall focus on items required for construction of the project and be prepared based on coordination with product manufacturers, recent bid results for the region, historical Caltrans data and RS Means. The estimate shall be prepared using Microsoft Excel and shall break the project down into the different components (i.e. storage structure, pump station, conveyance, landscaping, etc.) and include quantities, unit costs, and/or lump sum costs for each component. Assumptions, allowances, contingencies, or multipliers used shall be clearly stated and references provided as needed.
The EOPCC shall be submitted no more than two (2) weeks following submission of the (BB&K Aug 2018) Exhibit “A”-15
drawings and specifications.
The plans, specifications, and EOPCC of probable construction costs shall be submitted electronically to the City PM. Prior to submission, an internal QA/QC review shall be conducted in accordance with the Quality Management Plan.
Design Workshop:
60% Design Workshop shall be convened, at a location to be named by the City, and shall occur a few days following the 60% design submittal to the City. A review comment matrix shall be prepared to capture review comments and preliminary responses to comments shall be added for discussion at the design workshop. The responses shall be meaningful and descriptive enough to allow for the City to fully understand the nature of the comment and how the comment is addressed. Also discussed shall be construction schedule, costs, constraints, and bid requirements. Design document revisions shall be completed as part of the 90% deliverable.
Utility Coordination:
It is during the beginning of the 60% design stage that any coordination with affected agencies and utility companies shall be identified and started. This shall address utility relocations or permits are required. The consultant shall conduct meetings and present the project including concepts, plans, schedules, and discuss impacts with the affected party. Meeting minutes shall be prepared and distributed to those in attendance. Add details and specifications to the design documents as required to minimize impacts and satisfy the affected stakeholder(s).
Site Review:
Following completion of the 60% Design, the Consultant, City’s Project Manager, and Operations inspection staff shall conduct a field review. The purpose of the field review shall be to visually place the 60% design in context with the existing conditions and surrounding environment. Discuss the placement of different project elements and quantify impacts and finalize mitigation measures. Of particular interest are the places where the proposed design meets existing at the project limits.
Task 6.2 90% Drawings, Specifications, and Estimate
Drawings:
The 90% submittal shall consist of plan sheets that show changes to the 60% Design and incorporate comments received and expand to include additional details and sections of the various BMP components.
Include the City of Pomona General notes for Grading, Drainage, Erosion and Sediment Control, Storm Water Runoff Management on the plans.
All elements shall be shown and coordinated within disciplines. All specification sections shall be drafted in accordance with the City’s requirements and checked by the discipline lead checker. Prior to submission, an internal QA/QC review shall be conducted.
Specifications:
Technical Specification sections shall be fully developed during the 90% design stage and include all anticipated contractor submittals and bid items. Assume City will provide front-end specifications with bidding instructions as well as any supplementary Greenbook specifications that shall be added to the project documents.
EOPCC:
The EOPCC shall be updated per revisions made to the design between the 60% and 90% stages.
(BB&K Aug 2018) Exhibit “A”-16
The EOPCC shall be submitted no more than two weeks following submission of the drawings and specifications.
Digital electronic files of 90% plans and specifications shall be submitted to the City PM.
In addition to the City, contract documents shall be submitted to the LACFCD and the LACFA for review.
Design Workshop:
90% Design Workshop shall be convened, at a location to be named by the City, approximately one (1) week following receipt of the City’s review comments on the 90% design submittal. A review comment matrix shall be prepared to capture review comments and responses of all comments. The responses shall be meaningful and descriptive enough to allow for the City Project Manager to fully understand the nature of the comment and how the comment was addressed. Plan revisions shall be completed as part of the 100% deliverable.
Support the City with any presentations relevant to the City Council.
Assume that approximately 100 sheets will be developed for the final deliverable, using the latest AutoCAD format with a sheet size of 24”x36”.
Site Review:
Following completion of the 90% Design, the Consultant, City’s Project Manager, and Operations inspection staff shall conduct a final field review. The purpose of the field review shall be to confirm no changes to the existing conditions have occurred over the life of the design process and that they’re accurately reflected on the drawings.
Task 6.3 Final (100%) Drawings, Specifications, and EOPCC Develop drawings with all elements shown and checked within disciplines. All specification sections shall be drafted and checked by the discipline lead checker. 90% City review comments agreed upon shall be incorporated. The EOPCC shall be finalized and be in accordance with the bid schedule. Prior to submission, an internal QA/QC review shall be conducted.
Provide a complete set of plans and specifications suitable for the bid phase of the project. Drawings shall conform to the City Standards and shall be stamped by a Registered Civil Engineer in the State of California. Project specifications shall be stamped and signed by a registered civil engineer. Digital electronic files of Final drawings, specifications, and EOPCC shall be submitted to the City PM.
Last minute revisions may be required to the 100% design documents prior to final acceptance by the City. Incorporate time for minor revisions to the 100% design documents and two submittals.
Construction Schedule:
The construction schedule outlining activities and milestones created under Task 5.1 (PDR) shall be updated throughout the duration of the Final Design phase. Changes to the schedule shall be explained to the City’s Project Manager at each plan submittal milestone.
Design Calculations:
Final design calculations completed as part of the design shall be compiled into a Design Calculation Summary document with a Table of Contents added for ease of navigation.
The Design Calculations Summary document shall be submitted as a pdf and can be attached to the bid documents if desired.
The City shall provide front-end specification sections and bidding instructions. (BB&K Aug 2018) Exhibit “A”-17
Deliverables
60% Design Drawings, Specifications Outline, and Estimate of Probable Construction Costs
60% and 90% Design Workshop
90% and 100% Design Drawings, Specifications Documents, and Estimate of Probable Construction Costs
1 Mylar copy of final plans, 1 hard paper copy of final specifications bound and set. Pdf of all design documents and original development files (AutoCAD, excel, PowerPoint, etc.)
Construction Schedule updated at 60%, 90% and Final Submittals Traffic Control Plans submitted at 90% and 100% (Optional)
Task 7 – Landscaping and Amenities
Work under this task shall be completed by a Registered Landscape Architect in the State of California. Consultant’s Landscape Architect (LSA) members shall coordinate with the design team to ensure there are no design conflicts between the different disciplines.
Prepare construction drawings for landscape, irrigation, ADA accessible paths, lighting, signage, and coordination of design with infiltration systems and civil plans. Assume lighting to be solar.
A set of Site Amenity and Lighting (including signage) plans, interpretive/education signage (per the Safe, Clean Water Transfer Agreement), landscape plans, and irrigation plans shall be provided at 30%, to coincide with Task 5 – Preliminary Design, and 60/90/100% to coincide with deliverables from Task 6 – Preparation of Contract Documents. Consultant’s LSA shall coordinate with the design team throughout this process to align with other plan sheets, City meetings and presentations.
Task 7.1 30% Plans and Illustrations
In tandem with Task 5, the Consultant’s LSA shall prepare a set of 30% layout plans showing proposed landscaping areas, planting palettes, amenities, lighting, and signage locations. Plans shall be scaled to fit onto one sheet for presentation purposes and shall be illustratively rendered in color. The 30% design phase shall also include photos of all planting, hardscape, and furnishings proposed, and up to four (4) photo simulations of the proposed design.
Task 7.2 60% PS&E
Following the structure of deliverables in Task 6, prepare 60% plans in coordination with the design team. The 60% submittal shall be made electronically, in PDF format for review and comment. Consultant’s LSA shall provide a written response matrix documenting comments received and proposed resolution. Consultant’s LSA shall attend a design workshop with the design team and the City to review plans. List of anticipated sheets for the 60% Submittal:
1. Site Amenity and Lighting Notes, Legend, Schedules (2 Sheets)
2. Site Amenity and Pedestrian Lighting Plans (4 sheets)
3. Site Amenity and Pedestrian Lighting Details (2 sheets)
4. Irrigation Notes, Legend, Calculations (2 sheets)
5. Irrigation Plans (4 sheets)
6. Irrigation Details (2 sheets)
7. Landscape Notes and Legend (1 sheet)
8. Landscape Plans (4 sheets)
9. Landscape Details (2 sheets)
(BB&K Aug 2018) Exhibit “A”-18
Prepare specifications to be submitted along with the construction design plans to the Project team at 60%, then updated for 90% and 100% submittals.
Prepare a Preliminary Opinion of Probable Construction to be included in 60% deliverables. It shall be updated at 90%, and 100% submittals. Items shall include ADA compliant pedestrian walks, signage, pathway lighting and landscape and irrigation materials. The cost estimate shall include quantities and unit costs with backup information as necessary.
Task 7.3 90% PS&E
90% construction documents shall be based on the comments received on the 60% Construction Documents and continuation of the overall design process. These shall be submitted to the Consultant’s PM for inclusion with the overall plan set. Consultant’s LSA shall attend one (1) design workshop with City staff at this phase.
Task 7.4 100% PS&E
100% construction documents shall be based on the comments received on the 100% Construction Documents and continuation of the overall design process. These shall be submitted to the Consultant’s PM for review.
All landscape work shall be conducted within the area indicated in the project RFP as “Stormchamber Infiltration System” and adjacent areas disturbed for excavation. Lighting design shall be pedestrian-scale, as-needed, and assume solar powered self- contained units.
Assume existing turf areas at soccer fields and grandstands are replaced with a similar overall area of turf or equivalent, and detailed landscape design and tree planting would occur outside of these areas.
Deliverables:
30% Landscape Plans, illustrated.
Photos of proposed planting and furnishing palettes
Up to four (4) simulations of proposed design
60%, 90%, and 100% PS&E
Task 8 - Environmental Compliance and Permitting
Task 8.1 Initial Study/Mitigated Negative Declaration
Consultant shall prepare an Administrative Draft Initial Study leading to a Mitigated Negative Declaration (IS/MND). Assume that significant unavoidable adverse impacts would not occur with the adoption and implementation of the proposed project. Each of the topics identified in the current Environmental Checklist Form shall be analyzed to document the nature and extent of potential environmental impacts for the proposed project. Work with the City to develop the project description that shall be used to analyze each environmental issue, and which shall be included in the IS/MND. For each technical issue discussed in the IS/MND, (1) provide a discussion of existing project site conditions; (2) conduct a project-specific analysis; and (3) identify all potential significant adverse environmental impacts. If necessary, provide feasible mitigation measures to reduce or avoid the significant impact(s). The analysis shall address both short-term (i.e., construction) impacts, including air pollutant emissions, visual impacts, noise, and traffic; and long-term impacts associated with energy use, maintenance vehicle access, and noise from operation of the new facilities. Quantitative analyses related to air quality, greenhouse gas emissions, energy, and noise shall be conducted. The results of the (BB&K Aug 2018) Exhibit “A”-19
cultural resources assessment, biological resources assessment, and jurisdictional delineation (Tasks 8.2 through 8.4, respectively) shall be summarized. Assume City will conduct all required tribal consultation; Consultant shall be available to draft an initial consultation letter and attend up to four hours of meetings with tribal representatives and City staff.
Following City review of the Administrative Draft IS/MND, prepare an Approval Draft IS/MND for final review, followed by preparation of the IS/MND for public review. A courtesy draft of the IS/MND shall be provided to the LACFCD for their review also. Prepare, reproduce, and distribute all noticing, including fifty (50) Notices of Intent, a web-ready pdf of the IS/MND and appendices, electronic submittal to the State Clearinghouse, and posting with the County Clerk.
Following public review, prepare a Response to Comments document for the City’s use and attend one (1) public hearing. File the Notice of Determination following adoption of the IS/MND; including CDFG filing fees. Attend up to three (3) project coordination meetings and one (1) public hearing, to be conducted in-person or via teleconference.
Task 8.2 Cultural Resources Assessment
Submit a request to the California Historical Resources Information System (CHRIS) at the South-Central Coastal Information Center (SCCIC) to conduct a records search for the linear Project site, including a ½-mile search radius surrounding the Project site. The SCCIC currently estimates 1 to 2 months from the date of request to receive the results of the records search.
Request a paleontological resources records search and literature review for the Project site from the Vertebrate Paleontology Section of the Los Angeles County Museum of Natural History (NHM). The NHM provides a letter summarizing information on geological formations and known paleontological localities (if any) near the Project site, and a determination of the paleontological sensitivity of the geologic units underlying the site. The NMH currently estimates 2-3 weeks from the date of request to receive the results of the records search.
Conduct a site walk of the Project site.
Task 8.3 Biological Resources Constraints Analysis
Conduct a biological constraints survey to generally document the existing biological resources and to determine the potential for special status species to inhabit the project area. Specifically, this task shall include the following items: (1) a literature review to determine which special status species have been reported in the general vicinity of the Project site; (2) a field survey to determine if any potentially suitable habitat for special status plant/wildlife species or special status vegetation types are present within the survey area; and (3) creation of a vegetation map to document the types and quantities of vegetation types that are present. Vegetation types shall be mapped using a 1″=200′ aerial photograph and shall be digitized to allow for impact analysis purposes. Plant and wildlife species observed during the survey shall be recorded in field notes.
Surveys for special status plant species shall be conducted in the project survey area. These surveys shall be conducted during the blooming periods for each of the plants, which vary depending on rainfall and temperature. Therefore, one early spring and one late spring survey can be conducted to cover all of the desired species. Upon completion of the survey effort, survey findings shall also be incorporated in the Biological Resources Assessment Report described below.
For this scope, assume no focused surveys for special status plant or wildlife species. If it is determined that focused surveys are warranted to identify the potential for significant impacts as a result of project implementation, the City shall be advised.
In support of the CEQA document for the project, a Biological Resources Constraints Report shall be developed based on the results of the site survey, analysis, and data compilation as described above. The Biological Resources Constraints Report shall describe: (1) the (BB&K Aug 2018) Exhibit “A”-20
methodology used to conduct the biological survey; (2) a general description of the existing vegetation types and associated wildlife resources on the project site; (3) approximate potential impacts from project development; and (4) recommended measures to reduce identified impacts. A vegetation and biological resources maps shall be provided along with photo exhibits that illustrate existing site conditions. A compendium of observed plant and wildlife species shall be included and any special status species observed during the surveys shall be reported to the California Natural Diversity Database (CNDDB) as required by the surveying Biologist’s permit conditions.
Submit a Draft Biological Resources Constraints Report for City review and prepare a Final Report that incorporates any City comments.
Task 8.4 Jurisdictional Delineation Report
If the Biological Resources Constraints survey identified potential jurisdictional resources, perform a jurisdictional delineation to determine whether the project site contains streambed or wetland features under the jurisdiction of the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or CDFW.
Consultant’s Regulatory Specialist shall conduct a field survey/assessment to delineate the jurisdictional limits in the survey area. The limits of jurisdictional “waters of the U.S.” and “waters of the State” shall be based on the ordinary high-water mark(s) (OHWM). The presence or absence of wetlands at each channel/drainage shall be verified through the determination of the presence of: (1) hydrologic conditions; (2) hydrophytic vegetation; and (3) hydric soils pursuant to the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE 2006) and the 1987 Corps of Engineers Wetland Delineation Manual. The limits of “waters of the State” under the jurisdiction of the RWQCB generally match those of the USACE. Isolated waters (over which only the RWQCB would assert jurisdiction) shall be mapped separately (if present). CDFW jurisdictional areas are defined by the top of the bank of any streambed feature or to the outer limits of any riparian/aquatic vegetation, whichever is greater.
After the field assessment/evaluation is complete, prepare a Jurisdictional Delineation Report that summarizes the findings of the field work. Exhibits that show the locations of all jurisdictional resources shall be included, along with representative site photographs and wetland data forms to document the presence/absence of wetland conditions (if necessary).
Submit a Draft Jurisdictional Delineation Report for City review and prepare a Final Report that incorporates any City comments. This report shall be initiated during the initial stages of this project, once the City and the Consultant have determined the proposed project location of the facility.
While Project implementation shall likely require compensatory mitigation to offset impacts to jurisdictional waters, assume this Scope of Work does not include identification of a compensatory mitigation strategy or preparation of a mitigation plan.
Task 8.5 Regulatory Permitting
If it is determined that jurisdictional drainages shall be impacted by the proposed project, provide regulatory permitting support services. The scope of regulatory permitting outlined below represents an expected level of effort to prepare application packages and to coordinate with the USACE, RWQCB, and CDFW to acquire permits to authorize construction impacts. The following cost assumptions are based on recent similar projects with the specified estimated breakdown: assume agency permit application and filing fees as a budget allocation of $20,000 for this task. This consists of an application for a RWQCB permit for an initial fee of $2,734 with additional fees based on the size of impacts to jurisdictional waters (currently $24,366 per acre) (BB&K Aug 2018) Exhibit “A”-21
in addition to an annual monitoring fee of $2,297. CDFW permit application fees are based on cost of the Project; the final cost is dependent on discussions with the CDFW regarding the number of Project components that would require separate fees. The application fee would likely be $6,236 based on the current CDFW fee schedule. There is no application fee required by the USACE.
Pre-Application Coordination with Regulatory Agencies:
A pre-application field meeting or telephone discussions shall be held with resource agency staff to review the proposed Project development work, current conditions on the Project site, and the findings of the Jurisdictional Delineation Report. This coordination shall satisfy the RWQCB’s recently adopted requirement for a “pre-filing” consultation that must be satisfied prior to submittal of an application for a Water Quality Certification.
USACE Permit Application and Processing:
Prepare and submit a permit notification/application to the USACE to satisfy the requirements of Section 404(b)(1) of the Clean Water Act (CWA). The Project exceeds the impact threshold to be eligible for Nationwide Permit No. 39 (Commercial and Industrial Developments) so that it is anticipated the USACE shall issue an Individual Permit to authorize project impacts. Prepare the applications materials including Pre- Construction Notification (PCN) materials, correspondence and additional documentation as well as participate in telephone calls/meetings among USACE staff members assigned to process the permits.
USACE Preliminary Jurisdictional Determination:
Once the Jurisdictional Delineation Report is completed and provided to the USACE, one purpose of the above-described pre-application meeting is to receive verbal concurrence from agency staff with the findings of the report. To document this concurrence, submit a Preliminary Jurisdictional Determination to the USACE, which shall provide the basis for the information provided to the USACE in a Section 404 permit application.
RWQCB Permit Application and Processing:
Prepare and submit a permit application to the RWQCB to satisfy the requirements of Section 401 of the Clean Water Act and the California Porter-Cologne Act. Per the expected impacts to “waters of the State”, prepare an alternatives analysis to comply with the 2021 State Water Resources Control Board’s Wetland Procedures as part of this task. Assist City staff to process the permit, prepare correspondence and additional documentation as well as participate in telephone calls/meetings with RWQCB staff members. The application fee for the permit is included as part of the budget allocation for this task.
CDFW Streambed Alteration Agreement Application and Processing:
Prepare and submit a Lake or Streambed Notification/Application pursuant to California Fish and Game Code Section 1602 for the purpose of acquiring a Streambed Alteration Agreement (SAA). The application materials shall be provided to the CDFW online via their Environmental Permit Information Management System (EPIMS). This system requires the applicant to create an account on the EPIMS website, the City will share access with Consultant. Consultant to submit the application. Permit application fees can be paid electronically via the EPIMS website and shall be processed by the Consultant.
Prepare the SAA application, preparing additional correspondence and documentation, as well as participate in telephone calls/meetings among CDFW staff members assigned to process the permits.
(BB&K Aug 2018) Exhibit “A”-22
While Project implementation shall likely require compensatory mitigation to offset impacts to jurisdictional waters, assume this Scope of Work does not include identification of a compensatory mitigation strategy or preparation of a mitigation plan. The Administrative Draft IS/MND shall be based on the 60% plans to help ensure the project that is implemented is sufficiently addressed in the CEQA documentation; however, portions of the CEQA process shall be initiated based on the 30% plans, where appropriate.
This scope of work assumes no substantive changes to the project description from the City approved 30% plans and/or after the City authorizes CEQA work to begin.
Consultant shall notify City of any out of scope work items and must obtain written City approval prior to proceeding, no exceptions.
Consultant shall coordinate the following:
o Project description information including site plan and digital files (CAD or GIS) files delineating areas of temporary and permanent disturbance o Visual renderings or architectural drawings, as appropriate o Construction and operational-related data to support technical analyses o Temporary traffic control measures for work in and near right-of-way, if applicable
Because the project is not expected to result in an increase in daily vehicle trips, transportation impacts shall be evaluated qualitatively, assume no vehicle miles traveled analysis.
Include filing fees and CDFG Review fees in this fee estimate. Include agency permit application fees in this fee estimate. Include print copies of the IS/MND or Final IS/MND in this fee estimate. Include filing fees, application fees, and print copies in the estimated budget allocation of $20,000 for this task. If fees will exceed this allocation, Consultant shall notify the City prior to proceeding, no exceptions.
Task 8.6 LACFCD Permitting
Coordinate with the City to assist with the LACFCD Permit for the diversion structure. Prepare the LACFCD Permit application with input from the City using the Los Angeles County Permit System, EpicLA. Consultant shall link the City to the EpicLA permit application to provide direct access to comments and status of fee payments. The City will provide an email that has been registered in EpicLA. Consultant shall coordinate with the Los Angeles County Permit reviewers to address comments received from the 60%, 90%, and 100% design plans. Facilitate the processing of the Use and Maintenance Agreement between the City and the LACFCD for the diversion structure. Prepare the required Exhibits (Limits of Maintenance responsibilities, channel access, etc) that shall be included with the Use and Maintenance Agreement.
Include the LACFCD Permit application fees with the County as part of this task. Based on similar recent projects, assume $20,000 for the conceptual review and design reviews required for the LACFCD Permit and for the Los Angeles County Department of Public Works staff reviews.
One (1) coordination meeting with the LACFCD reviewing divisions is anticipated to aid the permitting process.
Task 8.7 Grading, Building, & Encroachment Permits
Assist in the acquisition of construction-related permits including the Grading Permit, Electrical (BB&K Aug 2018) Exhibit “A”-23
Service Permit, and the City Building and Safety Permit. Assume the permits shall be “no fee” as they shall be issued by the City of Pomona.
One (1) coordination meeting is anticipated to aid the permitting process.
Task 8.8 SCE Permit
Consultant's Electrical Engineer shall initiate consultation with Southern California Edison, during the early design stages and work with the SCE planner throughout the duration of the project to ensure SCE is willing and able to provide electrical service to the project site. Based on recent similar projects, assume $5,000 for SCE permit fees, if required, in the proposed budget.
One (1) coordination meeting is anticipated to aid the permitting process.
Task 8.9 Right of Entry Permit
Assist in the acquisition of the LA County Fairplex Association Right of Entry permit. Permit fees for this task will be covered by the City of Pomona.
One (1) coordination meeting is anticipated to aid the permitting process.
Deliverables
Administrative Draft IS/MND
Approval Draft IS/MND
IS/MND for public review
Biological Constraints Report
Jurisdictional Delineation Report (Draft and Final)
Permit application materials for USACE, RWQCB, and CDFW LACFCD Permit application in EPICLA
Permit application materials for City, LACFA, and SCE
Task 9 - Operations and Maintenance (O&M) and Monitoring Plan
Task 9.1 O&M Plan
This task consists of the development of an Operation and Maintenance (O&M) Plan for the project. The Draft O&M Plan shall include the operational procedures, maintenance schedule and procedures, if available equipment manufacturer data sheets, sensor calibration data, commissioning information, and system diagrams, shall be included as part of the Draft O&M Plan. The plan shall be a comprehensive plan that incorporates the pump station, diversion structure, storage chambers, and filtration. Consultant shall detail maintenance needs during dry and wet seasons and after storm events. Prepare a preliminary level cost estimate to best estimate the Operations & Maintenance cost, present capital cost, service life and scale to cost relationships.
The annual operation and maintenance cost shall be developed based on the proposed configuration and the level of detail developed. The operation and maintenance costs shall be determined for the duration of a 15-year lifecycle and include replacement components over the course of the single lifecycle. The O&M Plan shall address the requirements specified in the Safe, Clean Water Program Funding agreement for the City of Pomona.
Develop a Draft O&M Plan for review by the LACFCD and a Final Draft O&M Plan to meet the LACFCD Permit Requirements. The Final O&M Plan shall be developed at a later date, following construction of the facility and shall incorporate contractor submittals of the equipment manufacturer data sheets, sensor calibration data, and system diagrams. (BB&K Aug 2018) Exhibit “A”-24
Task 9.2 Post-Construction Monitoring Plan
Develop a monitoring plan that will outline baseline conditions, demonstrate BMP performance, and determine the post-construction water quality improvements and water supply benefits. The plan shall comply with Safe, Clean Water Program requirements and identify the water quality parameters to be measured and sampling locations. The sampling locations shall focus on the quality of dry weather urban runoff and stormwater. The monitoring plan shall include sampling requirements to assess project performance with respect to the effectiveness of the proposed design in meeting the water supply and water quality objectives. All monitoring data shall be collected and reported to the State Water Resources Control Board database (CEDEN) for a period of three years.
At a minimum, the plan shall include:
Project description,
Monitoring objectives,
Vector Minimization,
Sampling procedures and analytical methods, and quality control, Data quality objectives,
Data management, verification, and reporting, and
A health and safety plan.
A Draft and Final version of the post-construction monitoring plan shall be reviewed and approved by the City prior to submittal of the Final version to the Safe, Clean Water Program once the design phase of the project is complete.
Assume two meetings with the City to discuss the scope of the monitoring plans. City will provide one set of consolidated comments on the Draft post-construction monitoring plan
City will be available to answer questions about comments on the monitoring plan.
Deliverables:
Draft and Final pre-construction O&M Plan
Draft and Final Post-Construction Monitoring Plan developed to assess the BMP performance.
Task 10 – Stakeholder and Community Outreach/ Engagement
Community engagement for this project shall build on the foundation of support for the project generated in previous phases, inform the community about the project process, goals, and progress, and solicit input to inform the project design.
The outreach efforts shall include extending the widest reach to community members and stakeholders to ensure meaningful engagement in the process. Outreach materials, communication, and input engagement activities shall be designed to reach the following audiences.
Area residents (Nearby residents, residents’ and homeowners’ associations) Youth (Sports, service, Scouting, faith groups)
Community groups and organizations (environmental groups, sports/activity clubs) Business (business leaders, chambers)
Leaders (Boards, commissions, elected officials, tribes) Task 10.1 Outreach and Engagement Plan
(BB&K Aug 2018) Exhibit “A”-25
Prepare a Stakeholder and Community Outreach/ Engagement (SCOE) Plan per the SCW Transfer Agreement. The SCOE Plan shall include proposed engagement activities, formats, dates, and outcomes. Following the project kick-off meeting, determine the appropriate level of involvement from local NGOs and/or CBOs, and the plan shall detail what their anticipated level of participation shall be in the project. Budget for compensation to involved organizations. If it is determined that additional community organizations shall not be involved in the project outreach, funds shall be reallocated toward additional outreach materials or events.
Task 10.2 Stakeholder Presentations
Provide materials and attend quarterly presentations for the project to stakeholders, including City Council, Los Angeles County Public Works, Los Angeles County Fair Associate (LACFA), Upper San Gabriel Watershed Steering Committee (WASC), and the East San Gabriel Valley Watershed Management Group (ESGVWMG). Topics shall include images, graphics, and text related to site amenity and landscape design and outreach activities.
Task 10.3 Outreach/Engagement Activities
Outreach and design teams shall conduct up to two (2) outreach and engagement activities in accordance with requirements of the Safe, Clean Water Program, and to bring awareness to the overall project and allow community input in the development of landscape areas, amenities, signage, and pathways. While the level of community engagement shall ultimately be determined following discussions with City staff, comply with funding requirements and further community buy-in of the Project. Engagement activities shall be advertised via printed material distribution (i.e. mailers) and via the City’s social media channels and website.
Proposed engagement activities shall be flexible, but are anticipated to include a combination of two (2) of the following:
Virtual community meeting – conduct via Zoom, with an overview of the project goals, purpose, and funding. Project limits, concept design, and benefits shall be illustrated and discussed. Depending on turnout, breakout rooms shall be facilitated to allow smaller groups to discuss the project.
In-person community meeting – a traditional workshop, covering the same topics as above, at a location near the Fairplex, such as a library, senior center, or community room. The meeting shall include a presentation as well as display boards and the outreach and design teams to discuss the project with attendees. Pop-up event – provide Project information to an existing community event or take place on a weekend at the Fairplex during a pre-existing event. Display boards with interactive activities allow visitors to give preference on park amenities or planting palettes while also allowing feedback from people who may not have otherwise attended a dedicated event for the Project.
Deliverables:
Community Outreach and Engagement Materials (posters, fact sheets, handouts, presentations, etc.)
Community Engagement Memorandum
Task 11 – Optional Services
Prepare and conduct additional optional services at City’s request in accordance with the tasks below and as shown separately in the fee schedule. Consultant must obtain written City approval prior to proceeding with each of the following subtasks, no exceptions. (BB&K Aug 2018) Exhibit “A”-26
Task 11.1 – Additional Potholing
Ten (10) additional potholes shall be performed on an as-needed basis as an optional subtask.
Methodology shall follow what’s described in Task 4.1.
Task 11.2 – Slurry and Hot Patching for 35 Potholes
Slurry and hot patch shall be applied as an optional task for the base 25 potholes and the 10 optional potholes, if requested by the City.
Task 11.3 – Traffic Control
Traffic control plans for the Project given the anticipated separation between the diversion points and BMP location. Consultant shall prepare conceptual traffic control plans in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) requirements. These plans shall be incorporated into the plan set or as an attachment to the bid documents. Final traffic control plans are anticipated to be the responsibility of the construction contractor.
Task 11.4 – Grant Support Services
At the City’s direction, prepare one (1) grant application for the Fairplex Stormwater Capture Project. Prepare a data request that summarizes the grant application needs that shall be utilized to generate a draft grant application package. At a minimum, information requests shall include the following: project scope details, schedule details, budget information (existing or proposed), local funding (if available), a list of stakeholders that may provide letters of support, and other resources that may be used to supplement the application. Consultant shall utilize the initial grant competitiveness findings and recommendations as a basis for generating the data request and the draft grant application material.
Prepare a Draft grant application for the City’s review. It is anticipated that the grant funding source would likely be DWR Proposition 1 or State of California Proposition 68 funding. The grant application shall include a project narrative, project cost estimate and budget detail, project maps and exhibits, and other grant-specific information to completely respond to the grant application guidelines. Provide one comprehensive (1) Draft and Final grant application in compliance with the applicable grant program guidelines for the City’s review. Facilitate a meeting with the City to review all comments to the draft application.
Deliverables
Competitiveness Assessment and Funding Recommendations – Matrix Table Draft Grant application (1 total)
Final Grant application (1 total)
Successful submittal of grant application to grantor
Task 11.5 – Safe, Clean Water Infrastructure Program, Construction Funding Application Services
Consultant shall upload the information from the Feasibility Study into the latest version of the SCWP Projects Application Module. Updated information will require a Letter from the City of Pomona stating they are the fee owner, LACFCD Conceptual approval letter, etc. Generate a PDF of the input data for review and approval. The submittal of the application will be executed by the City. Additional support letters and community outreach events will be obtained by the City.
Consultant shall attend 1 SCWP Scoring Committee. Develop the project presentation and attend the Upper San Gabriel River Watershed Area Steering Committee. (BB&K Aug 2018) Exhibit “A”-27
Deliverables
Draft and Final SCWP Projects Module input and supporting data submitted electronically
Attendance at one (1) SCWP Scoring Committee Meeting
Project Presentation and attendance at the Upper San Gabriel River WASC
Task 11.6 – Constructability Review
A constructability review shall be performed by a third party, that shall not directly oversee the design of the Project. The third party shall perform an independent review of the construction documents. The review shall focus on constructability, inter-disciplinary coordination, completeness, and general code compliance.
60% Constructability Review. At the 60% Review stage, it is not anticipated that the design elements shall be fully detailed on the construction documents; therefore, approach to this review shall be to primarily focus on big picture elements, such as the general design approach; identifying potential utility conflicts; correcting items that have been completed; identifying obscure, easy to miss details, such that they can be captured in the 90% submittal; and making recommendations regarding value engineering, construction phasing, and contracting mechanism before the design gets too far along and renders these types of changes cost- or schedule-prohibitive.
The 60% Review shall include an initial site visit to get familiar with the proposed project site, identify any current field conditions not reflected on the Plans, and identify any site access constraints. The Constructability Reviewer shall review the plan set in totality. The constructability reviewer shall conduct a cursory review of the sheet index and each of the plan sheets. Allow the reviewer to visualize the construction process in a step-by-step manner, as if building the project conceptually in his mind, and logically discover whether there are any incorrect or missing elements or documents. The 60% Review shall also entail looking at the footprints of various construction elements and keying in on their perimeters where interfaces with other trades, components, utilities, and systems occur. 90% Constructability Review. At the 90% Review stage, the construction documents shall be expected to be much more developed and near completion. Provide a much more detail- oriented review, including specifications, bid items, and engineer’s estimate. Back check the 60% Review comments to ensure they have been adequately responded to by the Design Team. Then, the plan sheets and specification sections with specialty items, such as electrical, instrumentation, mechanical, stormwater, etc., shall be distributed amongst the various team members who have an expertise in that particular field.
The 90% Review shall include specifications and engineer’s estimate. Each disciplinary reviewer shall review the relevant specification sections that pertain to their field to ensure that the technical specifications are complete and correlate properly to the Plans. Quantity takeoffs shall be performed using Revu Bluebeam to calculate linear footages, areas, and per each quantities for unit price bid items. Construction notes and measurements corresponding to separate bid items shall be color coded in Bluebeam to ensure that every construction element is covered by a bid item, without overlap. Deliverables for review comments shall be provided in a tabulated form utilizing Microsoft Excel, complemented by a marked-up pdf, utilizing text features in Revu Bluebeam to support and clarify the tabulated comments. The spreadsheet includes the reviewer’s initials sheet/page number, detail number/spec section, comment, and provide a column for Designer’s written response.
Deliverables
60% Constructability Review - Design Plan Redlines and Comment Log 90% Constructability Review - Design Plan Redlines and Comment Log (BB&K Aug 2018) Exhibit “A”-28
Task 11.7 – Permanent Easements
Permanent easements shall be developed on an as-needed basis as an optional subtask.
Methodology shall follow what’s described in Task 3.
[END OF SCOPE]
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Task Description Total Cost
Task 1. Project Management
Task 1.1. Kick-off Meeting $ 4,442
Task 1.2. Schedule $ 6,312
Task 1.3. Weekly Status Updates $ 13,676
Task 1.4. Progress Meetings $ 47,074
Task 1.5. Progress Reports $ 34,328
Task 1.6. Design Workshops $ 15,772
Task 1.7. SCW Regional Program Reporting $ 26,584
Task 1.8. Stakeholder Coordination $ 14,496
Task 1.9. Quality Management Program $ 20,024
SUBTOTAL Task 1. Project Management $ 182,707
Task 2. Data Gathering, Site Reconnaissance, and Concept Evaluation Task 2.1. Records Research and Data Review $ 56,430
Task 2.2. Field Investigation $ 7,379
Task 2.3. Hydrology and Hydraulics $ 75,924
Task 2.4. Legal Feasibility Assessment $ 9,198
Task 2.5. Concept Evaluation $ 37,094
SUBTOTAL Task 2. Data Gathering, Site Reconnaissance, and Concept Evaluation $ 186,025
Task 3. Right of Way Acquisition
Task 3.1. Acquisition Identification $ 11,379
Task 3.2. Temporary Easements $ 29,663
SUBTOTAL Task 3. Right of Way Acquisition $ 41,042
Task 4. Investigations
Task 4.1 Survey/Utilities Evaluation $ 132,067
Task 4.2 Geotechnical Investigations $ 138,585
SUBTOTAL Task 4. Investigations $ 270,652
Task 5. Preliminary Design
Task 5.1. Preliminary Design Report (PDR) $ 224,571
Task 5.2. Preliminary Design Workshop $ 13,690
SUBTOTAL Task 5. Preliminary Design $ 238,260
Task 6. Preparation of Contract Documents (Plans and Specifications) Task 6.1. 60% Drawings, Specifications, and Estimate $ 190,284 Task 6.2. 90% Drawings, Specifications, and Estimate $ 119,174 Task 6.3. 100% Drawings, Specifications, and Estimate $ 87,119 SUBTOTAL Task 6. Preparation of Contract Documents (Plans and Specs) $ 396,577
Task 7. Landscaping and Amenities
Task 7.1 30% Plans and Illustrations $ 26,006
Task 7.2 60% PS&E $ 31,271
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “B”-2
Task 7.3 90% PS&E $ 27,754
Task 7.4 100% PS&E $ 24,991
SUBTOTAL Task 7. Landscaping and Amenities $ 110,021
Task 8. CEQA, Environmental Compliance and Permitting
Task 8.1 Initial Study/Mitigated Negative Declaration $ 80,972 Task 8.2 Cultural Resources Assessment $ 12,282
Task 8.3 Biological Resources Constraints Analysis $ 9,938 Task 8.4 Jurisdictional Delineation Report $ 14,323
Task 8.5 Regulatory Permitting $ 56,912
Task 8.6 LACFCD Permitting $ 26,187
Task 8.7 Grading, Building, & Encroachment Permits $ 6,187 Task 8.8 SCE Permit $ 25,051
Task 8.9 Right of Entry Permit $ 6,187
SUBTOTAL Task 8. CEQA, Environmental Compliance and Permitting $ 238,039 Task 9. O&M and Monitoring Plan
Task 9.1 Operations and Maintenance Plan $ 17,146
Task 9.2 Post-Construction Monitoring Plan $ 13,107
SUBTOTAL Task 9. O&M and Monitoring Plan $ 30,253
Task 10. Stakeholder and Community Outreach/Engagement
Task 10.1 Outreach and Engagement Plan $ 6,520
Task 10.2 Stakeholder Presentations $ 29,516
Task 10.3 Outreach/Engagement Activities $ 39,059
SUBTOTAL Task 10. Stakeholder and Community Outreach/
Engagement $ 75,095
BASE FEE SUBTOTAL $ 1,768,671
Task 11. Optional Services -
Task 11.1. Additional Potholing $ 14,001
Task 11.2. Slurry & Hot Patching for 35 Potholes $ 23,698 Task 11.3. Traffic Control $ 16,062
Task 11.4. Grant Support Services $ 40,682
Task 11.5. Safe, Clean Water Program Construction Funding Application Support $ 11,542
Task 11.6. Constructability Review $ 19,702
Task 11.7. Permanent Easements $ 20,040
SUBTOTAL Optional Services $ 145,727
TOTAL (Base + Optional) $ 1,914,398
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION