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CITY OF POMONA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 17th day of October 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 BKF Engineers, a California corporation, with its principal place of business at 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 ("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 to engage Consultant to render such professional engineering consulting services for the “Stormwater Master Plan,” Project No. 421-2590-XXXXX-81053, RFP NO. 2023- 1012 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 incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the date of execution of this agreement until July 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 ATTACHMENT NO. 2
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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 diff erent services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. 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 Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
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 incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
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 or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The k ey personnel for performance of this Agreement are as follows: Chris Rideout, 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 be 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 designee.
3.2.6 Consultant's Representative. Consultant hereby designates Chris Rideout, DRAFT
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Principal/Vice President, 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 assigned 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 errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or 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” or “B” 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 Project 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.
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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 this 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 currently 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 DRAFT
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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 and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, 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 provisions (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.
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(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 I nsured: 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 allowed 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.
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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 showing 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 after 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.
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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 responsible 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 available 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 for 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 Commercial 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.
3.2.12 Water Quality Management and Compliance.
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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 that 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, officers, 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 officials, 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.
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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 "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Thirty Eight Thousand Eight Hundred Twenty One ($538,821) 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 and hours of Services rendered 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 "C" 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.
3.4 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 in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the pr oject 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 Consultant 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 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 DRAFT
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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 subconsultants 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 Agreement 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 of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
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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: BKF Engineers
4675 MacArthur Court, Suite 400
Newport Beach, CA
ATTN: Chris Rideout, Principal/Vice President
City: 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 and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 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 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 & DRAFT
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Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or 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 Agreement 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 for 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 responsible 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 recor d 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 w hich 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 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 agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal DRAFT
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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 incident 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 the 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, 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 DRAFT
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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 res erves 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 describe 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 constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 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 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 DRAFT
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of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 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 Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF POMONA AND BKF
ENGINEERS, INC.
CITY OF POMONA BKF ENGINEERS, INC.
By: ____________________________ By: ____________________________ James Makshanoff Chris Rideout
City Manager Principal/Vice President
Attest:
City Clerk
Approved as to Form:
________________________
Best Best & Krieger LLP
City Attorney
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Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall perform this Scope of Services for the Stormwater Master Plan (Project). The scope consists of the tasks defined below.
Task 1 – Project Management, Coordination, and Reporting Work closely with the City’s Project Manager (PM) to ensure that the Stormwater Master Plan (SWMP) objectives and schedule are met. The consultant is responsible for the following activities:
• P roject management activities necessary to coordinate the review and transfer of information between Consultant, City staff, LACDPW, and others. Attendance of Consultant’s Project Manager and appropriate support staff at the kickoff meeting and monthly status meetings with City staff. Attendance at meetings held at the City’s request. A minimum of twenty meetings are anticipated and include the preparation of presentation materials, agendas and meeting minutes for those meeting. • A comprehensive quality control (QC) plan to clearly define requirements and standards, independently check all work before it is submitted to the City or other reviewing agencies. Consultant shall assign an independent reviewer to oversee the QC program.
The Consultant’s QC program shall ensure that the project documents conform with the contract documents and scope of work; are neat, well organized, clear, concise, and complete; are technically and grammatically correct; comply with generally accepted standards of engineering and applicable laws; are signed, dated, and stamped as required; and are consistent with other related project documents. • A project schedule shall be provided at the start of the project. Consultant shall maintain a project schedule, in searchable pdf and MS Project format. Schedule updates shall be provided upon completion of specific milestones and/or when changes in the project schedule have occurred during project progression. At a minimum, schedule shall include all submittals, meetings, workshops, milestones, and incorporate a minimum 3 week period for City review of all deliverables.
• P repare bi-weekly progress and monthly progress updates via email and/or telephone to discuss budget, schedule, status, and Project issues.
• E stablish and maintain a project dedicated shared folder to transmit project electronic files between the Consultant and the City. Furthermore, conduct a modeling workshop for the City staff related to the modeling of the project (existing and future scenarios).
The workshop shall include a detailed (PowerPoint) presentation to City staff and workflow (how-to) handouts. This deliverable is required in Word and PDF form. Deliverables:
• Consultant shall submit all meeting agendas and presentations to the City five (5) working days prior to meetings, and all meeting minutes shall be submitted within three (3) working days following each meeting. City comments shall be incorporated and final minutes DRAFT
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Exhibit “A”-2
published for distribution and record.
• Modeling workshop, workflow materials
Task 2 – Data Gathering and Records Review
Perform general data collection activities including but not limited to the following:
• Review City’s operating and maintenance records
• Review City’s maps and GIS files
• Review the City’s current General Plan and identify major land use changes that may require additional hydrological analyses.
• Hydrologic and environmental data; acquire methodology, criteria, and relevant information from City, County, FEMA maps, latest USGS maps, NOAA, and other public/agency sources;
• Local, State, and Federal stormwater regulatory requirements and provisions; • Watershed Management Program (WMP) Plan (2022); Safe Clean Water (SCW) Municipal Program; and City’s General Plan and Green Street Policy; • Latest Los Angeles County Low Impact Development (LID) guidelines and Green Guidelines;
• Interview City staff to gather stormwater system history, operations and maintenance issues, and any historical “hotspots”
Deliverables:
• Summarize existing records and any historical data.
• P repare a summary of the permits/approvals typically required for the City’s use. The entries in the summary shall be segregated into two categories – City NPDES/MS4 Permit requirements and requirements of LACFCD.
• S ummarize the results of the task and basis of the recommendations into a Technical Memorandum and submitted to the City for review. Consultant shall incorporate the City’s comments on the Draft TM into the Final TM.
Task 3 – Drainage Asset Investigation and Verification
Review the City provided comprehensive inventory of the drainage systems that are privately owned and maintained, and drainage systems that are public owned and maintained by City of Pomona and/or Los Angeles County Flood Control District. In addition, Consultant shall perform the following:
• A field investigation to include a verification of the watershed conditions and accuracy of the existing improvement plans
• A field investigation of the watershed area especially for areas developed during the past 3 years.
• Use the as-built drawings and approved reports for the new developments that were completed since 2019 to account for their drainage elements in the inventory and develop a spreadsheet summarizing and documenting collected data for this study. The City will also make available Standard Urban Storm Water Mitigation Plans (SUSMPs) as needed DRAFT
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Exhibit “A”-3
for the development of a representative hydrologic and hydraulic model.
Perform a field reconnaissance of the City’s watersheds and the immediate adjacent conditions of the surrounding watersheds to perform an assessment of any flow restrictions and unusual surface flow patterns. Investigate and verify storm drain pipe sizes for discrepancies with the as- built plans or storm drain pipes for which the City does not have any as-built plans. Deliverables:
• Assess needs and summarize crucial data for this work. Provide an updated inventory of all drainage components and provide DEM and GIS-based maps of said components. • Consultant shall assume four (4) site visits to confirm and/or obtain survey data under this task.
• Consultant shall summarize the results of this task and basis of the recommendations into a Technical Memorandum and submitted to the City for review. Consultant shall incorporate the City’s comments on the Draft TM into the Final TM.
Task 4 – Drainage System Assessment
Consultant shall assess the existing drainage facilities’ current conditions based on the age and location. Evaluate the City flooding events, identify historic flooding locations and their impact on the City’s drainage infrastructure to develop case studies in which the flooding events have subjected private and public property to damage. Additionally:
• For facilities that are older than 25 years or have been identified by the City’s maintenance staff as deficient from their past field experience, Consultant shall perform a Risk Assessment of these facilities based on potential damage to properties and lives and develop a Risk Assessment Map in GIS format.
• E stablish a practical naming convention for the identification of the City’s drainage facilities.
• Provide general recommendations that individual landowners can follow to reduce flood damage to their properties. The expected deliverable shall be accompanied by an educational template and/or pamphlet format including representative illustrations for City use in public education and outreach.
Deliverables:
• Develop a set of criteria for evaluating relative importance of each of the factors to help inform CIP priority lists development in subsequent tasks. • Prepare a preliminary written analysis of the adequacy of City’s existing drainage facilities. • Summarize findings in the Stormwater Master Plan Report.
Task 5 – Hydrologic/Hydraulic Analyses
Task 5.1 Virtual Computer Model
Develop the hydrologic and hydraulic models for the 2, 10, and 50-year frequency storms using criteria from the Los Angeles Department of Public Works Hydrology Manual, drainage DRAFT
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Exhibit “A”-4
standards and guidelines. The analyses shall include only the trunk systems equal to or greater than 24” inch diameter. For this task, it is also assumed that Consultant shall prepare detailed hydrologic and hydraulic analyses for six (6) problematic drainage areas where the drainage facilities may include less than 24” in diameter. The watershed hydrology maps shall be updated based on the review of existing watershed models. Consultant shall determine new subarea boundaries and evaluate changes to the drainage boundaries based on the review of existing documents and the field reconnaissance performed in Task 3.
Consultant shall review and evaluate existing information and studies within the City’s boundaries, discuss with the City’s Engineering and Maintenance staff key areas of concern, define the direct and indirect goals of Stormwater Master Plan (SWMP) facilities, including but not limited to the following:
• Delineate watersheds tributary to the City’s stormwater infrastructures • Perform field visits to verify watershed boundaries and existing stormwater facilities • Tabulate the hydrologic data necessary to perform Modified Rational Method (MODRAT) calculations in accordance with the Los Angeles County Department of Public Work Hydrology Manual.
• Recommend and perform the hydraulic evaluation of existing City stormwater infrastructure using a model compatible with industry standard EPA SWMM5 software (latest edition) • Identify deficient stormwater systems and develop an improvement plan for the deficient facilities to increase capacity and eliminate the deficiencies • Identify areas where undue complexity exists in existing storm drain systems. These areas will be evaluated for possible consolidation into simpler and more efficiently maintained systems
Prepare a capacity study for the existing storm drain facilities and develop a prioritized list of facilities that require capacity improvements based on the analysis. Four priority levels for projects shall be developed: urgent, high, medium and low. Each project shall be evaluated and scored based on 4 categories: severity of storm drain deficiency, public safety, potential damage to property and traffic impact and other factors vetted with City staff. The prioritization process will inform the development of the Capital Improvement Program.
Task 5.2 Integration of Lift Station Infrastructure Improvements Evaluate the five (5) stormwater lift stations at the railroad grade-separation underpasses for their adequacy for convey the 25-year frequency storm. Perform field-based assessment and visual observation of mechanical assets, visible structural components, pumps, supports, pedestals, access hatches, redundancy, OSHA compliance, piping, valves, appurtenances, electrical gear, instrumentation (meters, instruments). Consultant shall prepare a short-format site assessment report consisting of a summary of field observations, photographs, operational concerns, and conceptual exhibits to improve performance for each lift station.
The site assessment report shall also include an assessment of the major lift station component’s probable remaining life (replacement/rehabilitation schedule) and the likely cost and frequency of the required work to restore the useful life of the facility in the near- and long- term. For the purpose of this assessment, seismic structural review of the lift station is excluded from this task. Consultant shall also identify opportunities for diversion to other local stormwater DRAFT
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Exhibit “A”-5
systems to increase conveyance capacity or the potential to capture the stormwater to enhance water quality or reuse.
Task 5.3 Ganesha Hills Analysis
Prepare a detailed hydrologic and hydraulic analyses and prepare CIP projects recommendations to improve the drainage conditions specific to this area. The assessment shall include estimate of flow velocities along hillside slopes and develop strategy to reduce erosion potential and present trash capture locations. Prepare a GIS file showing location, type, size of devices along with necessary ROW/easements.
Deliverables:
• Draft Technical Memorandum (TM) summarizing the modeling development and criteria, analysis techniques, modeling assumptions, and results including type, size, and approximately location of proposed infrastructure or other facilities in electronic copy (searchable pdf) for City review. City comments on the Draft TM shall be incorporated into a Final TM.
Task 6 – Water Quality and Stormwater Capture Assessment Task 6.1 – Water Quality
Document and incorporate relevant water quality guidelines and regulations into the SWMP, based on the Los Angeles County LID manual, Green Guidelines, City Green Street Policy, and the WMP Plan. Based on the relevant guidelines, Consultant shall provide general recommendations for basic green infrastructure and sustainability practices for the City, developers, and individual landowners to institute by compiling the relevant components of the guidelines and manuals listed above.
Consultant shall evaluate the list of projects to prioritize them as part of this task. Sites shall be prioritized based on some of the following considerations:
• Location within the City relative to impairments
• Partnership opportunities (with other projects/benefits or other agencies/organizations) • Multiple benefits provided
• SCW considerations/scoring
• Cost and funding availability
Priority projects shall help advance compliance with applicable stormwater regulations and meet SCW goals. Consultant shall incorporate projects previously identified in planning documents, such as the East San Gabriel Valley WMP Plan and the City’s Comprehensive Bacteria Reduction Plan, and look for opportunities to maximize the benefits to the City by incorporating water quality components in the projects identified in Task 5 that address storm drain system deficiencies.
This is a SCW Program assisted project. Key aspects of the SCW goals, developed in DRAFT
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Exhibit “A”-6
collaboration with public health, environmental groups, cities, business, labor, and community- based organizations, are as noted below. The water quality assessment will be guided by the SCW goals, including:
• Utilize a combination of nature, science, and new technology • Protect public health for safer, greener, healthier, and more livable spaces for all • Prepare our region for the effects of a changing climate • Local monies raised for construction and maintenance stay local • Disadvantaged Community (DAC) Benefits are comparable “to not less than 110% of the ratio of that of the total population in the Watershed Area” • LA County’s tradition of flood safety, while protecting water quality within communities and providing new sources of water for residents.
Consultant shall utilize WMMS 2.0 tools and the SCW Module to conduct a City-wide planning level continuous simulation to develop preliminary sizing and quantify volume, flow and pollutant loading reductions for up to the top 10 prioritized water quality projects. Identify the types of water quality treatment BMPs and locations to optimize treatment. Build upon the planning the City has previously conducted for structural control water quality projects.
Task 6.2 – Stormwater Capture
Identify potential for stormwater capture and infiltration sites to capture and infiltrate the stormwater runoff. Consultant shall focus on public lands including open-space areas, parking lots, vacant properties, parks, and other city- or county-owned parcels. Natural hydrology, soil types, known groundwater levels, proximity to infrastructure for diversions, bacteria load reduction areas, optimized water quality treatment locations, and beneficial uses will be considered when identifying potential sites. Consultant shall prepare a Technical Memorandum (TM) summarizing the approach and findings of the evaluation described above.
The TM shall also outline the relevant components of the LID Manual for City use, identifying water quality treatment BMPs, and listing recommendations related to green infrastructure.
Describe the data considered, identification approach, and assessment methodology for each implementation category, such that local knowledge is considered prior to prioritizing projects and developing an implementation plan in Task 7. The findings from this task, summarized in the Technical Memorandum, will be incorporated in the Stormwater Master Plan Report (Task 11).
Deliverables:
• Outline of the relevant components of the LID Manual for City use. • Locate and identify water quality components.
• List of recommendations relating to green infrastructure. • Consultant shall prepare a draft Technical Memorandum (TM) summarizing the approach and findings of the evaluation described above. The TM will be finalized based on City comments.
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Exhibit “A”-7
Task 7 – Stormwater Capital Improvement Program
Identify a variety of projects for consideration as part of the Project. Consultant shall identify local Low Impact Development (LID), Green Street, and regional project opportunities that range in size (small, medium, and large) as required to ultimately achieve compliance. Projects will be distributed throughout the City so that they address the multiple drainage systems. The preliminary cost estimate for each project will be derived through the application of the recent unit costs for similar work in Los Angeles and adjacent counties to an itemized list of work items.
The cost estimate will account for general physical constraints, constructability, impact to mobility, regulatory requirements, water quality, land acquisition/easements, utilities conflicts, and any other cost impacting items.
• Anticipate coordinating with the City’s Planning Department, City’s Parks and Recreation Department, City Development Services Department, City Water Resources Department, Pomona Unified School District, local utility agencies, LA County Department of Public Works and neighboring jurisdictions to identify their planned projects and programs so that opportunities for partnerships and collaboration are identified and planned for.
Identify projects to rehabilitate the existing stormwater system to meet current and future capacities. The projects shall be included in the Capital Improvement Program (CIP), which shall prioritize projects based on the assessment completed in the proceeding tasks. The projects shall be described in a matrix including, but not limited to, water quality green infrastructure, public safety, flood mitigation, and mobility impacts (i.e. road closures).
Consultant shall work with the City to establish a prioritization approach, which shall be holistically used to compile and prioritize the projects identified in previous tasks. The CIP shall be developed to identify projects for the 5 and 10-year planning horizon and categorize projects as low, medium, high, or urgent priority. This shall include a programmatic approach to develop and prioritize stormwater project implementation.
The CIP shall demonstrate near-term and long-term action and actionable progress. Include an outline of the annual CIP and estimated annual and cumulative costs to implement the recommended projects considering a phasing strategy based on City’s projected funding availability/planning (per Task 9). The repair or rehabilitation schedule will be implemented over a 10-year period. The schedule shall take into consideration TMDL milestones, funding schedules, and partnering project schedules (as applicable). Consultant shall discuss with the City how the prioritization analysis will be performed prior to performing the analysis.
Prioritization shall take into consideration cost to property damages, danger to lives, anticipated SCW scoring opportunities, such as wet-/dry-weather water quality benefits, water supply benefits, community investment benefits, nature-based solutions, leveraged funds, and community support.
Furthermore, prioritized projects shall be further evaluated and are expected to include a combination of small, medium, and large projects across the two primary City watersheds (San Gabriel River and Middle Santa Ana River) for up to 10 stormwater projects total, including but not limited to the following items:
• Detailed description of the recommended capital improvement projects (sufficient to provide planning level costs), including preliminary sizing, scope, goals, and description of DRAFT
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65318.00352\32296842.2
Exhibit “A”-8
improvements
• Perform a constructability review, and ensure it is accompanied by well-documented sources for estimating costs, referencing projects completed within the last five (5) years. • Preliminary cost opinion, including planning, design, and implementation. • Outline of an annual capital improvement program and estimated annual/cumulative costs to implement recommended projects (assuming a project repair or rehabilitation schedule for implementation over a 10-year period)
Deliverables:
• Consultant shall summarize the results of this task and basis of the recommendations into the Stormwater Master Plan Report.
Task 8 – Operations and Maintenance Plan
Develop a routine for inspection and maintenance of the primary components of the system while maximizing their efficiency. This effort shall include a well thought out schedule of ongoing operations and maintenance with annual costs estimates, while considering multi-year interval maintenance. Consultant shall coordinate with City staff to gather information on current practices, which shall be incorporated into the O&M Plan, which shall address the following sections:
• Descriptions of the recommended maintenance and operation • Roles/Responsibilities of personnel
• Staffing assessment
• Training requirements
• Regulatory agency(s) and regulations (as applicable)
• Maintenance programs
• Inspections
• Drainage facility maintenance by asset type (culverts. ditches, gutters, channels, horizontal drains, structural drainage systems, bank and slope protection, slope drains, down drains)
• Maintenance of stormwater best management practices organized by type (swale, bioretention, underground storage chambers, permeable pavement/porous asphalt) • Storm damage response
• Trash management
• Good housekeeping practices for municipal operations
• Entry to private property
• Guidance for dealing with private irrigation/dry weather flow • Staffing assessment/matrix of personnel responsibilities, based upon input from the City • Recommended or required training
• Escalation/enforcement based on input from the City
• Records and reports
Develop a template that can be supplemented by the City and/or project developers once DRAFT
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “A”-9
design and construction of each facility occurs. Therefore, placeholders shall be added in the attachments to account for major components of the proposed stormwater quality projects, such that information can be included as projects are constructed. Deliverables:
• Development of one (1) set of the Draft O&M Plan. City comments on the Draft Plan shall be incorporated into a Final O&M Plan.
Task 9 – Stormwater Funding Assessment
Identify funding requirements to address the proposed CIP and O&M recommendations. The City’s current stormwater funding sources (existing revenue streams) shall be analyzed, and future funding requirements and potential funding sources and strategies shall be described.
The list of potential funding sources shall include, but not limited to:
• Federal: (FEMA, EPA, HUD, and NHS)
• State: (Transportation authorities, State of CA Natural Resources Agency grants, and other State grants)
• Local: (Transportation authorities, City of Pomona, SCW Municipal Programs, and Los Angeles County grants).
The revenue requirements necessary for financing the stormwater and drainage CIP shall be outlined and include the inflation, interest assumptions, types of financing potentially available to the City, funding cycle timelines, contact information for questions or additional information, application guidance material, and sample of successful past project.
CIP projects providing multiple community benefits will be sorted to identify the best grant pursuits for obtaining funding.
Deliverables:
• Draft Technical Memorandum (TM) and an electronic copy (searchable pdf) for City review. City comments on the Draft TM shall be incorporated into a Final TM.
Task 10 – Public Education and Outreach
Identify project stakeholders, prepare an outreach flyer that can be shared online and a postcard that can be mailed, prepare a PowerPoint presentation and posters, leading one (1) public outreach meeting and one (1) interdepartmental staff meeting, and provide the City with a summary of the feedback, questions, and input received.
Consultant shall identify, describe, and implement a strategy and methodology for maximum citizen involvement in the Project development process consistent with SCW guidance. The City shall have an opportunity to review the approach prior to implementation. A Public Outreach Plan shall be prepared that lists the potential project stakeholders and contains the outreach materials. Work with the City to advertise the public outreach event. Prepare outreach materials DRAFT
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “A”-10
in both English and Spanish.
The outreach meeting, assumed to take place in person at a location to be determined by the City, shall introduce the Project to the public, define the purpose and scope of the SWMP, and inform the public of opportunities to provide input on the SWMP development. It is anticipated that the public meeting will occur after projects have been identified in Task 7 so that public input can be incorporated in the prioritization matrix. Consultant shall provide activities for children, such as games or coloring, to enhance experience and feedback. • The Final SWMP shall be presented during a City interdepartmental staff meeting.
Prepare a PowerPoint presentation and posters, which highlight the results presented in the SWMP Report. City will help coordinate and secure a venue for the public outreach and interdepartmental staff meetings.
Deliverables:
• List of potential project stakeholders. Outreach material and public notifications. • Presentation and exhibits
Task 11 – Stormwater Master Plan Report
Prepare a draft SWMP Report to document the work performed to arrive at the proposed improvements and the associated Capital Improvement Program. The draft report will memorialize the design criteria and standards, analytical methodology, City considerations, and other information relevant to the SWMP. The report will include exhibits depicting the SWMP facilities and all technical analyses will be included in the report appendices.
Identify storm drain and water quality project opportunities that can increase the efficiency and effectiveness of the City’s existing storm drain and water quality systems while helping the City meet compliance deadlines. The SWMP Report shall be developed based on the previous tasks and cover the 5 to 10-year implementation interval.
The SWMP Report shall define the purpose, scope, and limitations of the City SWMP and shall include a list of supporting material. The Draft SWMP shall be presented to City staff and incorporate staff input to effectively guide future practice. The SWMP shall incorporate the Technical Memorandums developed in the preceding tasks and advance compliance with applicable State and Federal stormwater regulations. The SWMP shall incorporate existing and projected land uses in the watersheds, while identifying existing and projected drainage and flooding issues along with open space needs, habitat protection, community priorities, and costs. The SWMP Report shall include, at a minimum:
• Description of the existing storm drain system and identified deficiencies • Compliance information with County, State, and Federal regulations • Description of recommended improvements to address deficiencies • Cost estimate and suggested priority of recommended improvements • Financial analysis and funding strategies
• O&M
recommendations
DRAFT
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “A”-11
Deliverables:
• Draft of complete SWMP Report (in searchable pdf with all of its component parts coherently arranged and hyperlinked. City comments on the Draft SWMP shall be incorporated into a Final SWMP.
• Include SWMP maps and model
• Provide Draft SWMP PowerPoint Presentation
• Provide Five (5) hard copies and one (1) electronic copy in searchable pdf and MS Word format.
Task 12 – 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.
Task 12.1 - Grant Writing Services
Assist with identifying the appropriate City project and grant pursuit, reviewing documents, collecting information and/or letters of support and preparing application drafts. Prepare grant application and assist with securing funding for selected City projects (i.e. cost associated with planning, design, environmental documentation, permitting, construction, and O&M) as needed.
Task 12.2 – Cursory Peer Review
Provide cursory peer review of the construction developers manual and stormwater standards.
These documents are currently being developed by the City. Consultant’s review of these documents will ensure synergy with the SWMP criteria and findings. For this task, assume 40 hours of review time by Technical Manager familiar with the development of manual, standards and the SWMP.
Task 12.3 – Topographic Survey
Topographic survey data is critical to model development. Topographic survey data shall be performed and prepared an as-needed basis as an optional subtask. 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.
Task 12.4 – Overland Flow Modeling
Prepare a 2D virtual model. Consultant shall evaluate three (3) areas throughout the City with detailed advanced two dimensional modeling of overland runoff as needed to develop a comprehensive model and determine the extent of flooding areas.
DRAFT
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “B”-1
EXHIBIT “B”
SCHEDULE OF SERVICES
TASK DESCRIPTION TOTAL COST
TASK 1 Project Management, Coordination, and Reporting
Task 1 Subtotal ($) $26,620
TASK 2 Data Gathering and Records Review
Task 2 Subtotal ($) $25,104
TASK 3 Drainage Asset Investigation and Verification
Task 3 Subtotal ($) $26,764
TASK 4 Drainage System Assessment
Task 4 Subtotal ($) $27,776
TASK 5 Hydrologic and Hydraulic Analyses
Task 5.1 Virtual Computer Model $74,880
Task 5.2 Integration of Lift Station Infrastructure Improvements $23,300 Task 5.3 Ganesha Hills Analysis $16,908
Task 5 Subtotal ($) $115,088
TASKS 6 Water Quality Assessment
Task 6 Subtotal ($) $40,776
TASKS 7 Stormwater Capital Improvement Program
Task 7 Subtotal ($) $71,195
TASKS 8 Operations and Maintenance
Task 8 Subtotal ($) $30,700
TASKS 9 Stormwater Funding Assessment
Task 9 Subtotal ($) $18,734
TASKS 10 Public Education & Outreach
Task 10 Subtotal ($) $19,164
TASKS 11 Stormwater Master Plan Report
Task 11 Subtotal ($) $60,080
TASKS 12 Optional Services
Task 12.1 Grant Writing Services $9,880
Task 12.2 Cursory Peer Review $9,880
Task 12.3 Topographic Survey $10,440
Task 12.4 Overland Flow Modeling $44,620
Task 12 Subtotal ($) $74,820
Total Dollars $ 536,821
Total Reimbursable(s) $2,000
TOTAL (Base + Optional) $ 538,821
DRAFT
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “C”-1
EXHIBIT “C”
COMPENSATION