January 18, 2022, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
January 18, 2022
Honorable Mayor and Members of the City Coun~l,A
Robert Manis, Director of Development ServicesfN 1
Andrea Thomas, Associate Civil Engineer n,A
(858) 668-4605 or [email protected] WO \
CITY COUNCIL
Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design project; RFP No. 22-014 In November 2021, the Development Services Department issued a Request for Proposal (RFP No. 22-014) for environmental and engineering design services for the Rattlesnake Creek 30% Design.
This action will approve the Consultant Agreement with Balance Hydrologies, Inc. to provide environmental and engineering design services for the project.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute the Agreement with Balance Hydrologies, Inc. for environmental and engineering design services for the Rattlesnake Creek 30% Design per the outlined terms of the Consultant Agreement (Attachment A), with a not-to-exceed amount of $95,445.00.
Discussion:
Staff submitted a grant application to California Office of Emergency Services (CalOES) for consideration of hazard mitigation grant funding for the Rattlesnake Creek project. CalOES deemed this project eligible for review by the Federal Emergency Management Agency (FEMA) to receive potential grant funding. If grant funding is awarded, FEMA would reimburse 75% of costs associated with this project. The design of this project associated with this contract is an eligible expense and would count towards the City's 25% match.
The current condition of the Rattlesnake Creek drainage channel from Budwin Lane to Midland Road has been identified as a potential hazard. The creek has exhibited evidence of severe erosion to the structure of the creek and deterioration of the habitat it contains. The initial evidence was found in 2017, when the roots of a mature tree were undermined causing it to overturn and break an adjacent sewer line. Staff subsequently began the due diligence necessary to avoid future service interruption and protect the creek habitat as a functional drainage facility.
Due to several more trees along the banks having potential to do similar damage, City Staff 1 of 21
January 18, 2022, Item #8
recommended
the
creek
be
analyzed
for
possible
hazard
mitigation
action.
In
June
of
2020,
the
Rattlesnake
Creek
Geomorphic
Channel-Integrity
Study
was
completed
and
the
best
long-term
option
to
avoid
future
failures
was
to
restore
the
creek
to
a
state
that
would
be
more
resilient
to
heavy
rain
events. The
scope
of
work
for
this
consultant
is
to
develop
a
30%
design
inclusive
of
wet
season
flow
monitoring,
biological
surveys,
and
hydraulic
modeling.
This
preliminary
design
effort
will
help
staff
establish
a fully
realized
project
scope.
As
part
of
the
grant
application
process,
a
benefit
cost
analysis
was
performed
to
represent
the
hazard
mitigation
benefits
of
the
proposed
project.
The
studies
performed
during
this
stage
will
validate
the
analysis.
Once
the
design
is
advanced
to
30%,
engagement
with
the
regulatory
agencies
can
begin.
Early
engagement
will
confirm
the
project's
compliance
with
current
permitting
requirements
and
guide
design
decisions
to
avoid
unnecessary
environmental
impacts.
It
would
also
support
subsequent
grant
applications,
should
the
current
grant
application
not
be
awarded.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
consultant's
fee
will
be
based
on
the
scope
of
work
as
outlined
in
the
Agreement.
The
not-to
exceed
amount
of
$95,445.00
for
professional
services
will
be
the
basis
for
this
effort.
Funds
totaling
$150,000.00
are
available
in
the
Rattlesnake
Creek
Streambank
(DN007)
project
account.
Public
Notification:
None. Attachments: A.
Consultant
Agreement
Reviewed/
Approved
By:
Wendy
Kaserman
Assistant
City
Manager
2 of
21 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
CWJ City
Manager
January 18, 2022, Item #8
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1 st
day
of
February,
2022,
by and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
BALANCE
HYDROLOGICS,
INC.
(hereinafter
referred
to
as
"Consultant")
. RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
a
30%
Design
for
the
Rattlesnake
Creek
Rehabilitation
Project
(Project)
;
WHEREAS,
Consultant
is
an
environmental
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSULTANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions" attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
delivery of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
3 of
21 ATTACHMENT
A
1 January 18, 2022, Item #8
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.
Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Consultant
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City.
In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it may
now
or
hereafter
have
respecting the
information
or
other
property
of
any
other
person,
firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Consultant
declares
that
it
has
not
employed
or
retained
any company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.
8. Ownership
of
Documents.
All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.
Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Consultant shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City.
4 of
21 2
January 18, 2022, Item #8
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
(A)
Makes
a
governmental
decision
whether
to:
1. Approve
a
rate,
rule
or
regulation;
2. Adopt
or
enforce
a
law;
3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into,
modify,
or
renew
a contract
provided
it is
the
type
of
contract
that
requires
City
approval;
5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications for
such
a contract;
6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;
7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.
DISCLOSURE
DETERMINATION:
[8J
1. Consultant/Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Consultant/Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Consultant/Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a
timely
manner
as
required
by
law.
Robert
J.
Manis,
Director
of
Development
Services
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void. 11.
Maintenance
of
Records.
Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
5 of
21 3
January 18, 2022, Item #8
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities, claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
( collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
6 of
21 4
January 18, 2022, Item #8
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21
5 January 18, 2022, Item #8
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law. Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of 21
6 January 18, 2022, Item #8
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
9 of 21 7
January 18, 2022, Item #8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: __________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
10 of 21
BALANCE HYDROLOGICS, INC.
By: ___________ _
Edward Ballman, Principal Engineer
Date: ___________ _
8 January 18, 2022, Item #8
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the 30% design services further described in the Scope of Services submitted with the proposals, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed Ninety-Five Thousand Four Hundred Forty-Five ($95,445). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of February 1, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
11 of 21 1
January 18, 2022, Item #8
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
12 of 21 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Balance Hydrologies, Inc.
800 Bancroft Way, Suite 101
Berkeley, CA 94 710
January 18, 2022, Item #8
Attachment 1
7.) Scope of Services
We have identified five work tasks to support the development of a 30% design package for the braided-channel option:
( 1 ) hydrologic monitoring,
(2) management of baseline topographic data collection and tree assessment (to be completed by other City consultants), (3) design development and hydraulic modeling
(4) 30% design package preparation, and
(5) regulatory agency presentation
We have prepared a work plan to address these project goals and objectives:
Scope of Work
Task 1. Hydrologic Monitoring
We propose a streamlined hydrologic-monitoring plan to collect creek level, creek flow, and high-water-mark (HWM) information over the 2021 -2022 winter season, which will be used to inform subsequent design development and modeling tasks related to the Rattlesnake Creek Restoration Project. Balance staff will be onsite to install the hydrologic monitoring equipment. In order to have a quick response to flashy storms, we are partnering with Anchor QEA to provide monitoring observations, including water depth and velocity during up to three storm runoff events. · The data will also provide the City with information about 'their creeks in general, resulting in a better overall understanding of rainfall-runoff processes. In addition, monitoring data will benefit the restoration permitting process by early-establishment of a monitoring program that would ideally continue through required post-project monitoring.
Task 1-1. Hydrologic Monitoring Station Installation
Hydrologic monitoring equipment will be installed in the project reach during a site visit. At Midland Road bridge, a staff plate (to record water surface elevation), stilling well (i.e., PVC pipe), and water level instrumentation (i.e., water-level sensors and a datalogger) will be installed and maintained during the contract period. At Budwin Lane and at the upstream end of the reach, staff plates will be installed. At each staff plate, channel cross-sectional dimensions will be recorded, and velocity measurement locations established.
Budget Table 3 (enclosed) includes equipment rental expenses for hydrologic monitoring.
Deliverable: Installation and maintenance of one hydrologic monitoring station and two additional staff plates.
Task 1-2. WY2021 Field Activities
Site visits during or shortly after storms during water year2 2022 (WY2022) rainy season will be used to collect data over a range of runoff conditions for use in calibrating the existing and proposed conditions hydraulic models. Anchor QEA subconsultant staff members and Balance personnel work together to identify 3 runoff events that will trigger site visits to 2 California's "water year" runs from each October 1 through September 30 of the designation year. WY2022 runs from October 1, 2021 through September 30, 2022.
12 City of Poway www.balancehydro.com
13 of 21
January 18, 2022, Item #8
.:~t Balance
Cif; Hydrologies"'
measure surface velocity and water surface elevation observations at each staff plate. Velocity measurements will allow estimation of flow rates (when paired with a cross section. Additional tasks during storm visits will include walking the project site to document and mark HWMs and erosive activity (where possible to see) and downloading datalogger information. All site visits will include digital documentation; measurements and site observations will be recorded in an Observer's log.
Deliverable: Observer's log (record of site visits and measurements) for WY2022.
Task 1-3. WY2022 Data Management and Reporting
We will utilize the data collected during rainy season WY2022 to develop an approximate stage-to-discharge relationship ("rating curve") for the Midland bridge monitoring station based on data logger information, staff plate readings and velocity measurements. A record of estimated stream discharge will be derived by applying the rating curve to the record of water levels measured by the datalogger. Data will be used to create an approximate streamflow record for the time period of gage installation; the focus of the effort will be on higher flows, which may inform the hydraulic modeling depending on the season.
Deliverable: A technical memo will be prepared that contains the Observer's Log and a streamflow summary for WY2022.
Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Data Collection
We found in our earlier work with the City that existing topographic data are not sufficient for design and hydraulic modeling purposes. We will manage the work effort of a City sub-contracted California-licensed professional land surveyor by providing a work plan, developed in coordination with the City, for topographic data to be collected. We will meet remotely to clarify project needs and methods, and to identify important information to be collected. In addition to topographic information related to the creek bed and banks and overbank areas pertinent to modeling and the conceptual designs, the surveyor will survey-in the locations of staff plates for the hydrologic monitoring effort.
The surveyor will also collect data on the location of trees within the project boundary as identified in coordination with the. The surveyor's deliverable shall include topographic data, tree locations, and staff plate elevations suitable for integration into the project basemap. Balance will guide collection of survey data and integrate the survey data into the project topographic basemap3•
Deliverable: Work plan for a sub-contracted surveyor, remote meeting to clarify project needs, and integration of survey data into the project basemap.
Task 2-2. Tree Assessment
The project site contains native trees (such as Coast Live Oak, Canyon Live Oak, Englemann Oak, and California Sycamore) that may be considered "Heritage trees" by the City-4, as well as non-native eucalyptus, pepper, and other species. The Option B design will utilize portions of the south bank area. Therefore, identification and assessment of trees and other vegetative species of interest by an arborist is needed for this project. We will manage the work effort of a City sub contracted arborist by providing a work plan, developed in coordination with the City, for tree data to be collected. We will provide a work plan for a City sub-contracted arborist that will identify the assessment boundary and methods, and in consultation with the City, on goals for preservation and/or potential for tree removal. The deliverable from the arborist shall be a brief memo with recommendations of trees to avoid and root protection distances (drip line) for trees that may remain in place but could be affected by the design.
Deliverable: Balance will integrate tree assessment information into the anticipated project construction envelop of Option B for review of quantities and species of trees that may be affected and required replacement ratios .. 3 The USGS San Diego LiDAR dataset (collected in 2014/2015 and published in March 2020) may be used as supplemental topographic information, as needed.
4 Per City of Poway Municipal Code, Chapter 12.32, Urban Forestry. www .balancehydro.com
14 of 21
Rattlesnake Creek 30% Design -RFP #22-014 13
January 18, 2022, Item #8
~J~ Balance
{~ Hydrologies"'
Task 3. Design Development and Hydraulic Modeling
Task 3-1. Existing Conditions Hydraulic Model Development Balance staff will develop an existing conditions model to aid in understanding the hydraulic behavior of the stream corridor under current conditions. The "existing condition" for this model run will be considered the condition before the grade controls collapsed and channel erosion occurred, in keeping with the currently-effective FEMA Flood Insurance Study (FIS). The model will be built using the U.S. Army Corps of Engineers HEC-RAS software platform, using information from the project basemap developed during the baseline data collection task, and data from the FEMA FIS and the FEMA effective model (which will be requested). The model will be run using appropriate flow hydrogrophs. Model results will allow on examination of predicted hydraulic depth, velocity, and shear stress values. Results may also identify where overbank flow occurs under current conditions and locations to route flows onto and off the Option B south bank floodplain.
Deliverable: Technical results from the existing conditions model will be included in the design basis report.
Task 3-2. Proposed Conditions Hydraulic Model Development Using the HEC-RAS existing conditions model as a base, we will develop a proposed conditions model using the Option B restoration concept to characterize key hydraulic parameters that will be considered during the design process. Running a proposed condition model will allow for early refinement of the preferred alternative design details (Task 3.4) as well as to verify achievement of a "no-rise" FEMA condition.
Additionally, using shear stress results from the proposed conditions models, we will estimate changes in sediment transport characteristics for typical bed material size classes found just upstream where sediment tends to accumulate. By analyzing how the design may alter the ability of the Budwin Lane reach to transport sediment, we may be able to highlight potential areas of concern for scour /erosion or deposition and adjust the design accordingly.
Deliverable: Technical results of the proposed conditions model will be included in the design basis report.
Task 3-3. Flood Modeling and Analysis
This reach of Rattlesnake Creek is mapped in a Zone AE Special Flood Hazard Area, which is defined as on area subject to inundation by the 1-percent-annual-chance flood event that is determined by detailed methods and includes base flood elevations (BFEs). This reach also has a defined jurisdictional floodway, and any encroachments therein would trigger a FEMA letter-of-map-revision (LOMR) process unless it can be demonstrated that there is "no-rise" in BFEs via a certification process5, meaning that the l 00-year water surface elevations in the project vicinity do not increase as a result of the proposed project.
At this early stage in the project, a "no-rise" restoration design configuration for Option B appears feasible. The FIS l 00- yeor design event discharge value will be run in the existing and proposed conditions models to establish water surface elevations for both conditions at the site, These elevations will be compared to demonstrate that the "no-rise" condition is met.
Use of the U.S. Army Corps of Engineers HEC-RAS software platform will assure that analyses are completed in a format that can be used for coordination with FEMA with respect to floodplain mapping requirements and criteria (if necessary). This task will be completed in conjunction with the other modeling tasks so that flood-control considerations ore incorporated into the project design, alongside other restoration design objectives.
Assumption: A "no-rise" approach is accepted under the City of Poway floodplain ordinance6• Deliverable: Existing and proposed conditions 100-year event model results will be included in the design basis report. 5 The certification will eventually require review and approval by the City floodplain manager (or equivalent staff member). 6 The City ordinance ( 16.88.060) states: "Floodways. Prohibit encroachments, including fill, new constructi;n, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge."
14 City of Poway www .balancehydro.com
15 of 21
January 18, 2022, Item #8
~/~~-Balance
(11:; Hydrologies'"
Task 3-4. Preferred Alternative Design Refinement
Balance will utilize the information gained from hydrologic monitoring (Task 1 ), topographic survey and tree assessment (Task 2), findings from the existing and proposed conditions hydraulic models (Tasks 3.1 and 3.2) and the 100-year flood analysis (Task 3.3) to refine the braided channel design, with an emphasis on longitudinal slope stability, cross-sectional bank stability, no adverse flood impacts, and establi_shment of south overbank flow pathways at various elevated flows. Refinement of the design will depend on information gained from the hydraulic models, and thus these modeling and design refinements are related through an iterative process. Our budget accounts for one round of refinement for the 30% design package.
Deliverable: Design details will be included in the 30% design package.
Task 4. 30% Design Package Preparation
Task 4-1. 30% Design Plans
A 30% design pion set will be developed for the Option B braided channel concept that reflects the refinement process described in Task 3.4 and flooding considerations in Task 3.3. Anticipated sheet count is as follows:
Plan Sheet Category
Cover sheet and general notes
Site preparation and staging/ access plans
(includinq mobilization/demobilization and diversion/dewoterinqJ Grading and layout plans
Cross-sections and profiles
Construction details and typicals
(including the stormwoter outfall and at the Budwin Lone tributary) outfall
Deliverable: 1 0 sheets containing the 30% design plans.
Task 4-2. 30% Cost Estimate and Notes
Total
Number of Sheets
1 2
3 2
2 10
Thirty-percent quantities and other design details to be used for cost estimating will be developed, building on the preliminary cost estimate included in the Geomorphic Channel-Integrity Study and the work described in Task 3. We will also refine the cost estimate in conjunction with development of the 30% design plans and will prepare preliminary construction notes to accompany the plans.
Deliverable: 30% design cost estimate and preliminary notes.
Task 4-3. 30% Design Basis Report Preparation
The 30% Design Basis Report (DBR), which will include 30%-level engineering and geomorphic feasibility details) will focus on presenting the technical bases, as developed in the work plan outlined in this proposal and our previous Geomorphic Channel-Integrity report, which support restoration concept Option B and the 30% design package. The DBR will support the City and the permitting process by providing regulatory agencies and other stakeholders with information and conclusions related to completed hydrologic, hydraulic, and engineering analyses described above. Our budget accounts for one round of external review by City staff prior to finalization of the 30% design basis report.
Deliverable: 30% design basis report will include technical details as described in the above tasks. www.balancehydro.com
16 of 21
Rattlesnake Creek 30% Design -RFP #22-014 15
January 18, 2022, Item #8
· Balance -=
~ Hydrologies"'
Task 5. Regulatory Agency Presentation
Task 5-1. Regulatory Agency Engagement
A PowerPoint presentation will be developed that provides as overview of the tasks described in this work plan that will be used to introduce the project and project proponents to the regulators early in the design development process. This meeting gives regulators a chance to informally review and comment on design direction, which will ultimately guide subsequent design levels and upcoming permitting submittals. Guidance on environmental review and permitting requirements will be needed to understand regulatory opportunities and constraints related to the design process. Balance personnel will work with a City permitting specialist to communicate technical information to regulators.
Deliverable: One PowerPoint presentation and participation at one regulatory agency meeting.
Task 6. Estimated Schedule
We are prepared to begin work upon contracting with the City. The proposed schedule, below, is an estimate of time required to complete each task and a possible timeframe for that work. In concert with the City, we reserve the right to make schedule adjustments if found necessary. For instance, the on-going COVID-19 pandemic may lead to schedule adjustments beyond our control, as travel and access to the site may continue to be affected. 16 17 of 21
Project Element
Notice to Proceed, Contracting
Hydrologic Monitoring
Topographic and Tree Data Collection
Modeling and Design Development
30% Design Package
Regulatory Presentation
City of Poway
Estimated Schedule
January 2022
Starting January 2022
January-April 2022
March-June 2022
June-August 2022
September 2022
www .balancehydro.com
January 18, 2022, Item #8
Attachment 2
Table 1. Anticipated Staff Hours by Task
220091 Rattlesnake Creek Restoration, 30% Design Development 0 '-C
.g .g
(l) Q)
u, -0
Task Number and Description 0:
0 -C U 0 Q) ·;;;
·o Q)
0: 0
ct
HourlyRafe $220 $190 $180 $165 $140 $135
Task 1. Hydrologlc Monitoring (Balance Hydrologies)
Task 1-1. Hydrologic Monitoring Station Installation
Task 1-2. WY202 I Field Activities Management
Task 1-3. WY202 I Doto Management and Reporting
Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Doto Collection
Task 2-2. Tree Assessment
Task 3. Design Development and Hydraulic Modeling
Task 3-1. Existing Conditions Hydraulic Model Development Task 3-2. Proposed Conditions Hydraulic Model Development Task 3-3. Flood Modeling and Analysis
Task 3-4. Preferred Alternative Design Refinement
Task 4. 30% Design Package Preparation
Task 4-1. 30% Design Plans
Task 4-2. 30% Cost Estimate and Notes
Task 4-3. 30% Design Basis Report Preparation
Task 5. Regulatory Agency Presentation
Task 5-1. Regulatory Agency Engagement
Subtotal Hours
Total Hours
Noles:
!0Hle1nokc Creek Phase 2 Budoet.ds,. Table l. 12/1/2021 18 of 21
2 6 20
4 8
8 12
Task l Subtotal
] · 8 8
I 8 8
Task 2 Subtotal
2 20 6 8
I 2 30 6 8
2 2 8 2 4
6 12 32 4
Task 3 Subtotal
4 4 24 12 120
2 2 8 4 12
6 12 30 8
Task 4 Subtotal
4 4 8 2
Task 5 Subtotal
32 12 118 134 40 182
~ SUBTOTAL LABOR
Expenses including SubConsulfant from Table 2
GRAND TOTAL
$4,230.00
$2,000.00
$3,220.00
$9,450.00
$2,620.00
$2,620.00
$5,240.00
$6,270.00
$8,070.00
$3,130.00
$9,300.00
$26,770.00
$24.140.00
$4,540.00
$9,510.00
$38,190.00
$3.190.00
$3,190.00
$82,840.00
S12.605.00
$95,445.00
e.!021 Bolanci> Hydrolc
January 18, 2022, Item #8
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article
4 California
Public
Employees'
Pension
Reform
Act
of
2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. ( c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers in
that
public retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
19 of
21 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
17 January 18, 2022, Item #8
(2)A
retired
person
who
accepts
an
appointment
after
rece1vmg
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
(1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's appointing authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before 180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
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21 18
January 18, 2022, Item #8
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement System
or
the
Judges'
Retirement
System
11 who
is
assigned to
.serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§ 15
(AB
340)
, effective
January
1,
2013.
Amended
Stats
2013
ch
528
§ 11
(SB
13 ).
effective
October
4,
2013
( ch
528
prevails);
ch
76 § 75
(AB
3 83),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1,
2015.
Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
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