Agenda packet — Poway City Council, May 16, 2023 (part 2 of 2)

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May 16, 2023, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 16, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development ServicesM,
Andrea Thomas, Associate Engineer t ti\- '
(858) 668-4605 or [email protected]

CITY COUNCIL
Resolution Adopting a List of Projects for Fiscal Year 2023-24 Funded by Senate Bill 1:

The Road Repair and Accountability Act of 2017
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1 ): the Road Repair and Accountability Act of 2017. The funds generated from this bill are referred to as Road Maintenance and Rehabilitation Account (RMRA) funds and provide funding for basic road maintenance, rehabilitation , and critical safety needs on both the state highway and local streets and road systems. Prior to receiving RMRA funds, a list of projects proposed to be funded with these funds must be provided to the California Transportation Commission. All projects proposed to receive funding must be adopted by resolution approved by the City Council. The RMRA funds are proposed to be used on the Fiscal Year (FY) 2023-24 Street Maintenance Project.

Recommended Action:

It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) adopting a list of projects for FY 2023-24 to be funded by SB 1.

Discussion:

A portion of RMRA funds is apportioned annually to cities and counties. Prior to rece1v1ng an . apportionment of RMRA funds from the State Controller in a fiscal year, the bill requires agencies to provide a list of proposed projects to be funded with these funds to the California Transportation Commission. All projects proposed to receive funding must be adopted by resolution approved by the City Council. A city receiving an apportionment of RMRA funds is also required to sustain a maintenance of effort by spending at least the annual average of its general fund expenditures for street, road, and highway purposes, averaged over the Fiscal Years 2009-10, 2010-11, and 2011-12.

Based on estimates provided by CaliforniaCityFinance.com, the City of Poway is projected to receive approximately $1,205,334 in RMRA funds in FY 2023-24. The attached Resolution identifies the FY 2023- 24 Street Maintenance project as the project for which RMRA funds are to be used. The Resolution also provides specific project details as required by the bill. 1 of 5
May 16, 2023, Item #8
Environmental Review:

Establishment of a list of anticipated future capital improvement projects is not subject to the California Environmental Quality Act. Subsequent environmental assessment of the FY 2023-24 Street Maintenance project will occur at a future date.

Fiscal Impact:

None. Revenue estimates are provided by CaliforniaCityFinance.com, as directed by the California Transportation Commission. The City of Poway is projected to receive approximately $1,205,334 in RMRA funds in FY 2023-24. Appropriation of these funds will occur during the adoption of the FY 2023-24 proposed budget.

Public Notification:

None.

Attachments:

A. Resolution
B. Zone 6 map
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 16, 2023, Item #8
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1 ), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year;
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; WHEREAS, the City, will receive an estimated $1,205,334 in RMRA funding in FY 2023- 24 from SB 1;
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 98 streets totaling approximately 21 centerline miles and approximately 4.4 million square feet of road surface throughout the City this year and many similar projects into the future; WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in a "good" condition with a current PCI (Pavement Condition Index) of 79 and this revenue will help us maintain the overall quality of our road system and over the next decade will maintain our streets and roads into an "good" condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
3 of 5 ATTACHMENT A
May 16, 2023, Item #8
Resolution No. 23-

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as · follows:

SECTION 1: The City Council finds that the adoption of this Resolution is not subject to the requirements of the California Environmental Quality Act (CEQA) Guidelines.

SECTION 2: The foregoing recitals are true and correct.

SECTION 3: The following list of proposed projects will be funded in-part or solely with FY 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project: FY 2023-24 Street Maintenance Project
Description: Annual Street Maintenance project which includes the slurry sealing of residential, collector, and arterial streets.

Location: The FY 2023-24 street maintenance is part of the City's Annual Pavement Management Program. Streets are located within Zone 6, which encompasses residential and arterial streets including Pomerado Road and the neighborhoods east of Pomerado Road and south of Espola Road.

Estimated Useful Life: 8 years
Project Schedule: July 2023 - September 2023
SECTION 4: The City has no previously proposed and adopted projects that will utilize FY 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of May, 2023 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DI SQUALi Fl ED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
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May 16, 2023, Item #8
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Legend
RoadwayClassification
Public
Driveway
Private
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D Poway City Boundary
May 16, 2023, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE.PORT CityofPoway

CITY COUNCIL
May 16, 2023
Honorable Mayor and Members of the City : o~~
Eric Heidemann, Director of Public Works tJ1
Will Wiley, Assistant Director of Public Works for Maintenance Operations ~ (858) 668-4705 or [email protected] T
Landscape Maintenance District Advisory Group Update and Adoption of the Twin Peaks and Espola Road Landscape Master Plan
The Landscape Maintenance District (LMD) Advisory Group (Advisory Group) is made up of property owners within LM Ds 83-1 and 86-1 who were appointed by the former City Manager in 2018 to provide recommendations on landscape improvements and re-engineering strategies within the LMDs. The LMDs are facing ongoing financial challenges due to stagnant revenues since the 1990s while maintenance costs including prevailing wage, water costs, and electricity costs have continued to rise.

Staff continues to actively work to stabilize and reduce costs where possible and several of those strategies are described in this report. Based on changes to the California State Constitution since the districts were formed, in order to address the revenue shortfall, the City is required to go through what is referred to as a Proposition 218 ballot process. Consistent with Council direction, the Advisory Group has worked collaboratively with staff and the City's landscape architect on the development of a Landscape Master Plan (LMP) for the Twin Peaks and Es pol a Road corridors. This update will provide the City Council with the status of: (1) the LMP, including a request to adopt the LMP; (2) the Hazardous Mitigation Grant Program (HMGP) grant application; (3) the Advisory Group's ongoing effort to address landscape maintenance challenges and suggest a timeline for commencing the re-engineering process; and (4) to request City Council's direction on the Advisory Group's recommendation to renovate two entrances within LMDs 83-1 and 86-1.

Recommended Action:

It is recommended the City Council:

1. Receive and file this report;

2. Adopt the resolution to approve the Twin Peaks and Espola Road LMP; and

3. Provide direction to commence the re-engineering process for LMDs 83-1 and 86-1, and the Advisory Group's proposal to renovate two LMD entrances in the Fall 2023. 1 of 103
May 16, 2023, Item #9
Discussion:

The Advisory Group was formed in August 2018, after an unsuccessful Proposition 218 ballot process, to provide recommendations to staff and City Council for landscape maintenance and re-engineering strategies for LMDs 83-1 and 86-1. The Advisory Group has consistently worked to promote resident concerns and educate the community on the financial condition of the districts. In 2019, the City Council authorized the development of a Landscape Master Plan (LMP) for LMDs 83-1 and 86-1 that would provide appropriate drought tolerant landscaping options suitable to our area, and a thorough site analysis of the project areas. The LMP is intended to serve as a guide for the eventual re engineering of LMDs 83-1 and 86-1. Re-engineering is the process of identifying all the costs associated with landscape improvements and apportioning those costs as either "Special Benefit" or "General Benefit" pursuant to Proposition 218. This work is performed by a licensed assessment engineer. Based on resident feedback, the information contained in the LMP was also a critical element missing from the prior ballot effort. With City Council authorization, the landscape architects began to work on conceptual plans and commenced site and tree analysis for each project area.

Unfortunately, in 2020 the COVID-19 pandemic suspended work for over a year. Staff and the Advisory Group later resumed work and provided an update on maintenance recommendations to City Council on April 20, 2021. At that time, the LMP was 75% complete and the status of the HMGP was upgraded to Approved. In May 2021, staff executed a landscape maintenance standardized service agreement to reduce costs in LMDs 83-1 and 86-1 while maintaining or improving the existing maintenance service levels.

Landscape Master Plan Outreach: Starting in early 2022, the Advisory Group hosted eight neighborhood pop-up meetings to discuss the LMDs' native and drought tolerant trees and landscaping options, assessments, and the assessment balloting history. The landscape architects worked in conjunction with staff and the Advisory Group, to complete the LMP by conducting a community outreach survey of residents living in LMDs 83-1 and 86-1. Resident opinions on topics of landscaping, tree maintenance, and desired enhancement or improvements were gathered and analyzed. The results of the survey revealed the concerns and expectations of residents living in the respective LMDs. In April 2022, the landscape architects hosted two open community outreach workshops for residents of LMDs 83-1 and 86-1 with dedicated presentations of the LMP concepts for each district. Residents were invited to identify their preferences and prioritize concerns. The landscape architects completed the remaining deliverables and finalized the LMP taking into consideration information garnered through surveys, community workshops, and input from staff and the Advisory Group. The LMP will be used to support both staff and the Advisory Group's future re-balloting efforts.

Hazardous Mitigation Grant Project Update: In October 2021, the City hosted two community workshops called "Tree Talks" to present the public with an overview of the LMP with focus on the trees that line Poway's two key traffic corridors - emergency evacuation routes and, the strategic removal of hazardous trees. In April 2022, Phase 1 of the HMGP was completed. As part of this effort a certified arborist was engaged to inventory and assess the trees. Community outreach, planning, and documentation for environmental review were also completed during this time. In early March 2023, the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) Environmental and Historic Preservation (EHP) team, along with representatives from the City and an environmental consultant, conducted a site visit to survey for cultural resources in preparation for Phase 2 of the project area. The group walked the areas included in the HMGP which includes sections of Twin Peaks Road, Espola Road and the Green Valley open space area. 2 of 103
May 16, 2023, Item #9
With Phase 1 complete, the City awaits final approval to move into Phase 2 -commencing tree removal and trimming . Staff will update the Council, along with community outreach, prior to execution of the project.

It is important to note that the objective of the HMGP is to reduce fire fuel loads along the Twin Peaks and Espola corridors. Once the project is complete, the future cost for tree maintenance and water will substantially decrease for LMDs 83-1 and 86-1.

Staff Recommendation: Staff is seeking direction from the City Council regarding the commencement of re-engineering efforts for LMDs 83-1 and 86-1. The re-engineering effort will rely on the overall reduced tree maintenance cost resulting from the removal of hazardous trees under the HMGP, the LMP and the renovation of two neighborhood entrances (described in the next section). Staff is recommending the City commence the re-engineering effort in Fall 2023.

Advisory Group Recommendation: The Advisory Group evaluated many options for addressing future maintenance and rehabilitation costs for LMDs 83-1 and 86-1. It is the Advisory Group's goal to provide support to re-ballot for an increase in assessments for LMDs 83-1 and 86-1. The Advisory Group supports staffs recommendation to solicit proposals in the Fall of 2023 to conduct a re engineering study and analysis of LMDs 83-1 and 86-1 to establish new assessments once the HMGP tree removal work is complete. The Advisory group is further recommending the renovation of two neighborhood entrances: LMD 83-1 (Twin Peaks Road at Silverset Street) and 86-1 (Espola at Sand Hill Road) and incorporating the LMP conceptual design to encourage increased assessment support along these corridors. Renderings of the proposed renovations are shown in Attachment C. The Advisory Group intends to use the renovated entrances as a tangible illustration of the potential result of increasing assessments. Due to the LMDs' financial condition, staff recommends these improvements be funded by a one-time contribution from the City's General Fund. The estimated cost to renovate the two entryways is approximately $44,000.

Next Steps: Should the City Council support the concept of the General Fund paying for the renovation of the two neighborhood entrances, staff would plan to return to the City Council in the fall of 2023 once staff has secured the necessary easements. Finally, should the City Council support both Staff and the Advisory Group's recommendation to commence the re-engineering effort in Fall 2023, staff would plan return to the City Council in the fall to present a comprehensive cost estimate and proposal to re-engineer LMDs 83-1 and 86-1 with an anticipated ballot effort to begin in early 2024.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

None.

Public Notification:

None.
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May 16, 2023, Item #9
Attachments:

A. Resolution
B. Twin Peaks and Espola Road Landscape Master Plan
C. LMD Entrance Renderings
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
May 16, 2023, Item #9
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING THE TWIN PEAKS

ROAD AND ESPOLA ROAD LANDSCAPE MASTER PLAN
WHEREAS, in August of 2018, after an unsuccessful Proposition 218 ballot process, the City formed the Landscape Maintenance District (LMD) Advisory Group, a volunteer resident advisory group for LMD 83-1 and LMD 86-1, to provide recommendations to staff and City Council for landscape maintenance and re-engineering strategies; WHEREAS, the City obtained the services of KTUA (Consultant) to develop a Landscape Master Plan which will be used to support both staff and the LMD Advisory Group's future re balloting efforts;
WHEREAS, the Consultant, with LMD Advisory Group's support, conducted a community outreach survey, hosted two community outreach workshops and drafted a Landscape Master Plan for Twin Peaks and Espola Roads; and
WHEREAS, the Consultant completed the final Twin Peaks Road and Espola Road Landscape Master Plan in April of 2023, which is included in the staff report as Attachment B.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: The City Council hereby approves the Twin Peaks Road and Espola Road Landscape Master Plan, dated April 2023, as incorporated herein by reference, to become effective May 17, 2023.
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May 16, 2023, Item #9
Resolution No. 23-

Page 2 ends

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of May, 2023 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
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May 16, 2023, Item #9
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ACKNOWLEDGEMENTS
City of Poway
Public Works Department
Steve Vaus - Mayor
Barry Leonard - Deputy Mayor
Peter De Hoff - Councilmember
Caylin Frank - Councilmember
Brian Pepin - Councilmember
LMD Advisory Group
Toni Bates, Co-Chair
Steve Mayer, Co-Chair
KTUA
Cheri Blatner - Landscape Architect
Josef Gutierrez - Landscape Architect
May 16, 2023, Item #9
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31 TABLE OF CONTENTS
CHAPTER 1

INTRODUCTION AND BACKGROUND
CHAPTER 2

STREET TREE ANALYSIS
CHAPTER 3

ESPOLA ROAD LANDSCAPE RECOMMENDATIONS
CHAPTER 4

TWIN PEAKS LANDSCAPE RECOMMENDATIONS
CHAPTER 5

APPENDIX

5.1 STREET TREE ANALYSIS

5.2 ONLINE COMMUNITY SURVEY - ESPOLA ROAD

5.3 ONLINE COMMUNITY SURVEY - TWIN PEAKS
ROAD
•
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May 16, 2023, Item #9
May 16, 2023, Item #9
~ CHAPTER 1 - INTRODUCTION AND BACKGROUND
-8 1.1 BACKGROUND
Over the last several years, the landscape character along Twin Peaks Road and Espola Road has been declining, leading to poor performing landscape, invasive trees, and unsafe tree conditions. Some of the key reasons for this include reduced maintenance due to lack of funding , years of drought conditions, rising labor and water costs, lack of LMD assessment increases, and a lack of well defined development plans. KTUA Planning and Landscape Architecture was hired to develop the Landscape Master Plan for the potential landscape improvements along both Twin Peaks Road and Espola Road.

1.2 PURPOSE OF DOCUMENT
The purpose of this document is to illustrate the conceptual landscape improvements developed by KTUA in conjunction with the City of Poway, the LMD Advisory Group, and through public outreach. This document was created to be a guide for the City of Poway in their determination of landscape improvements along Twin Peaks Road and Espola Road. The information shown throughout the length of this document is for reference only. This document is not a formal set of construction documents, and should not be used for construction.

The landscape master plan will set the framework for decision makers in the planning, maintenance, and rehabilitation of landscape along Twin Peaks Road and Espola Road. The landscape master plan will assist in providing a systematic and prioritized approach in the development of recommendations on the implementation of short and long term landscape projects, maintenance, operations and findings based on public desires. Implementation will be done in phases as resources and funding allow. Details of specific plant and tree selections will require further analysis with input from the community.

1.3 OVERVIEW OF LANDSCAPE MAINTENANCE DISTRICTS
A Landscape Maintenance District, or LMD, is an identified area in which benefiting property owners pay for enhanced landscaping, and other improvements, and services beyond those generally provided by the City. LMD 83-1 was created in 1983. It includes 1,432 parcels, including the streetscape along Twin Peaks Road. LMD 86-1 was created in 1986 and includes 954 parcels, including the streetscape along Espola Road.

Under proposition 218, the City cannot raise assessments to meet the rising costs without a vote of all parcels that receive what the State terms a "special benefit" from the landscape improvements. An independent engineering review is needed to determine which parcels receive special benefit from the existing landscape improvements. By law, the City cannot simply raise the assessments of those currently assessed without a majority vote of assessed property owners.
2 TWIN PEAKS AND ESPOLA RD· LANDSCAPE MASTER PLAN

1.4 CURRENT STATE OF LMD AND OUTLOOK
Several challenges exist for LMDs. The first challenge is centered around the rising expenditures involved. Prevailing wage, water costs, the prevalence of drought, and the declining health of existing trees all persist while revenues remain static. Without the funds to keep up with rising costs, landscape maintenance (which includes tree maintenance, litter abatement, irrigation upgrades and watering) has been reduced significantly.

Previous ballot efforts in 2018 to restore landscaping and improve service levels in the LMDs received a majority protest and therefore failed to increase assessments. As a result, the LMD assessments remained and did not change.

Withservicecosts increasing and insufficient funds, thestreetscapealongboth Twin Peaks Road and Espola Road is in declining condition. To improve this area, the City of Poway has engaged in efforts to mitigate these issues. In 2018, the LMD Advisory Group was formed to assist with rehabilitation strategies. In 2019, KTUA was hired to prepare the conceptual landscape plan.

The City has since also been awarded a $1.4 million FEMA grant to remove hazardous trees along Twin Peaks Road, Espola Road, and Green Valley Open Space, supplemented with a city share of $500 ,000.

From here, the outlook for the LMDs is as follows:
• Landscape Master Plan (LMP) (This document)
• A complete re-engineering analysis must be conducted to evaluate costs and required revenues.
• Proposed Improvements will be prioritized into high, medium and low categories • Assessment levels needed to implement the proposed improvements will be identified and a phasing strategy will be developed

1.5 LMD ADVISORY GROUP
The LMD Advisory Group is comprised of volunteer residents within LMD 83-1 and LMD 86-1.

As mentioned above, it was created to assist with rehabilitation and maintenance strategies and to help establish lines of communication between the City staff and residents.

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~ 1.6 TIMELINE FOR LMD 83-1 AND LMD 86-1
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1983
1986
1996
2012
2018
LM D 83-1 formed
LM D 86-1 formed
CA voters approved Proposition 218
LMD begins using reserves for
operations
• LMD 83-1 & LMD 86-1 ballot
initiative failed
• LM DAG formed to advise with
rehabilitation strategies
KTUA hired to prepare a conceptual
•
landscape plan 2019
-
- City awarded $1.4 million FEMA
grant to remove hazardous trees 2020 along Twin Peaks Road & Espola Road, and Green Valley Open Space
-
~ City re-bid landscape mai_n_t~nance
2021 contract with goal of stab1l1z1ng
expenditures ....._...
•
2022 LMP outreach activities
TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN 3
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~ 1.7 COMMUNITY FEEDBACK
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During development of the conceptual
landscape plans, the community within both
LMD 83-1 and LMD 86-1 provided input on
potential landscape improvements within the
LMDs. Community engagement and input
occurred through:
• An online survey available through the City
of Poway website
• Two in-person open houses hosted by the
City of Poway
• Eight informal neighborhood gatherings
hosted by LMD Advisory Group members
Over 300 people responded to the online
survey. Key take-aways from the survey
results for each LMD are shown in the
following graphics. While the survey results
are not scientific, they revealed that over two
thirds of respondents want the landscaping at
neighborhood entrances to be rehabilitated,
and a large majority wanted to remove at least
some trees and improve maintenance of the
remaining trees along Twin Peaks Road and
Espola Road. About a third of LMD 86-1 and
almost half of LMD 83-1 attendees wanted
to rehabilitate neighborhood entrance
landscaping and replace lost trees in the
LMDs.

Feedback at the neighborhood gatherings
was less formal. Attendees learned about
the financial history of the LMD (rising
costs and stagnant revenues) that led to the
deteriorated landscaping at neighborhood
entrances and hazardous trees along Espola
Road. Attendees were generally interested

CONCERNED ABOUT

THE CONDITION OF

THE LANDSCAPING AT

THE NEIGHBORHOOD

ENTRANCES

12.75% WERE NEUTRAL

23.53% WERE NOT CONCERNED

REMOVING ONLY

DISTRESSED TREES OR ALL

EUCALYPTUS TREES

IF TREES WERE REMOVED OUTSIDE OF

HAZARDOUS MITIGATION GRANT
FIGURE 1-1: Key Takeaways from Online Survey to LMD 86-1 in pursuing strategies to rehabilitate the
entrances, reduce the number of hazardous
trees, and improve landscape maintenance
within the LMDs.

The feedback received from these activities
provided guidance during development of the
landscape recommendations described in the
following chapters.
4 TWIN PEAKS AND ESPOLA RD· LANDSCAPE MASTER PLAN

CONCERNED ABOUT

CONDITION OF TREES

19.6% WERE NEUTRAL

14.7% DID NOT AGREE

CONCERNED ABOUT

DANGER OF EUCALYPTUS
TREES

19.8% WERE NEUTRAL

20.7% DID NOT AGREE
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CONCERNED ABOUT

THE CONDITION OF

THE LANDSCAPING AT

THE NEIGHBORHOOD
• 14.15% WERE NEUTRAL
• 14.53% WERE NOT CONCERNED

REMOVING ONLY

DISTRESSED TREES OR ALL

EUCALYPTUS TREES
• IF TREES WERE REMOVED OUTSIDE OF

HAZARDOUS MITIGATION GRANT
••
·• .
.. . .

FIGURE 1-2: Key Takeaways from Online Survey to LMD 83-1

CONCERNED ABOUT

CONDITION OF TREES
• 10.4% WERE NEUTRAL
• 9.4% DID NOT AGREE

CONCERNED ABOUT

DANGER OF

EUCALYPTUS TREES
• 10.9% WERE NEUTRAL
• 15.l % DID NOT AGREE
TWIN PEAKS AND ESPOLA RD· LANDSCAPE MASTER PLAN 5
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~ CHAPTER 2 - STREET TREE ANALYSIS
~ 2.1 SITE INVESTIGATION
(,.)
Project work began with a site walk-through
and investigation. Over several days, KTUA,
representatives from the City of Poway, and
the LMD Advisory Group, investigated the
project areas along Twin Peaks Road and
Espola Road. The primary objective of the
site visit was to evaluate the condition of
the existing trees along each of the streets.

An arborist's report had been completed in
recent years prior to the beginning of this
project. Using this information, the team was
able to confirm first-hand the findings of the
report. Trees were evaluated according plant
health, size, and location.

While on site, the team was also able to
confirm the current site conditions against
the recorded information. For example, some
trees previously recorded had since been
removed or possibly fallen.

FIGURE 1-3: Site Investigation Images
8 TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN
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2.2 STREET TREE ANALYSIS
While on the site walk investigation, KTUA
documented the existing site information. This
information was compiled into a street tree
analysis document. The resulting document
mapped the existing trees along each road.

Each tree location was assigned a color
according to their individual condition. Trees
notated in red or blue color were designated
as poor or dead condition trees respectively.

They were determined to be of poor health
and therefore recommended for removal.

Each tree within the designated limit of work
was documented. The complete mapping
analysis can be found in the appendix of this
master plan document.
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LEGEND
0 GOOD CONDITION TREE
0 FAIR CONDITION TREE
0 POOR CONDITION TREE
0 DEAD CONDITION TREE
-i.} EXISTING LIGHT POLE
-- -- RIGHT-OF-WAY
■ •• ■ LIMIT-OF-WORK

EXISTING WALL
FIGURE 1-4: Sample Plans from Street Tree Analysis for Twin Peaks Road and Espola Road --------.. ~- -----.------- - -l----:-__ ---.,--- LIMIT OF WORK I ~·····························
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TWIN PEAKS AND ESPOLA RD · LANDSCAPE MASTER PLAN 9
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May 16, 2023, Item #9
~ CHAPTER 3 - ESPOLA ROAD LANDSCAPE RECOMMENDATIONS -.... 8 3.1 ESPOLA ROAD PLANTING DESIGN - EXISTING ENTRYWAYS As part of the street improvements, several
existing neighborhood entryways were
evaluated, based on feedback from the LMD
Advisory Group and the City. These entrances
were noted to be in poor landscape health.

Previously installed plant material was found
to be non-existent or in decline. Existing entry
monument signs were left with bare landscape
adjacent to them, as shown right at the Stone
Canyon Ranch Entryway at Willow Ranch
Road. The stark landscape conditions could
be due to insufficient irrigation, unhealthy
soils, and/or lack of adequate maintenance.

The existing entryway at Country Day Road
along Espola Road (shown below right)
was noted by the community as a preferred
landscape option. This neighborhood entry
had been renovated in recent years. The
combination of drought tolerant plant material
and rock provided a much more durable
and financially sustainable landscape with
a modern appeal. In addition, this preferred
landscape option is consistent with the City of
Poway Landscape Design Manual which calls
for "native and naturalized species of plants,
and "low-water use planting". Native and
naturalized drought-tolerant plants provide
a variety of environmental benefits, including
water conservation and natural habitat
for birds and other wildlife. Specific plant
selections for LMD entrance rehabilitation will
require further study with input from the LM D
community.

Stone Canyon Ranch Entry at Willow Ranch Road
•~1
~:- .

Existing Entry at Country Day Road along Espola Road
12 TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN
Stone Canyon Ranch Entry at Willow Ranch Road
Existing Entry at Country Day Road along Espola Road
May 16, 2023, Item #9
~ 3.2 ESPOLA ROAD - ENTRYWAY ENHANCEMENT PLANTING DESIGN CONCEPTS 0 .... .... 8 p
I - - - - - - - - : P: LA~ O: D- - - - - - - - ~ ~ - - - - - - - ~ - - - - - - I I- - - - - .,. r- - - - - - - - - - - .. - - -a I \ I \ I I I

ACCENT SHRUBS

COBBLE MULCH
~

EXISTING LOW WALL
~

LOW GROWING SHRUBS

BOULDERS
I .,,.?\i:j' i· MEDIUM SHRUBS
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I ESPOLAROAD
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BOULDERS
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TALL SHRUBS
~✓- ~""-- EXISTING MOW CURB

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ACCENT SHRUBS
-----~/ ···· a

ESPOLAROAD
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WILLOW RANCH ENTRY
Upon site investigation, KTUA provided design
options for how the preferred landscape could
be applied to other entryways along Espola
Road. Willow Ranch Road and Bounty Way
were used to show a variety of scales. Along
with the plans, several planting options were
provided that were determined to be suitable
for the area and would fit the desired aesthetic.

These planting options can be found at the
end of this chapter.
~

BOUNTY WAY ENTRY

NOTTO SCALE NORTH
The design intent is to create a modern
landscape appeal while also highlighting the
entry monument signage. Cobble mulch is
provided along the pedestrian walkways so
that plant material is not damaged with foot
traffic. This allows the shrub material to be
set back within the planting area, which will
allow them to grow with less disturbance.

The combination of low-growing and accent
shrubs will then provide a colorful landscape
groundcover, with environmental benefits.

NOTTO SCALE e

PLANTING LEGEND
,,,-~'L ENTRY ACCENT
... T TREE
0 ACCENT
TREE
-

LOW GROWING
SHRUBS
/~-\
1 o I
\_ _ _.J

EXISTING TREES TO
REMAIN
NORTH
~,!; ACCENT
~ SHRUBS
TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN 13
May 16, 2023, Item #9
~ 3.3 ESPOLA ROAD PLANTING DESIGN CONCEPT
0 -_,.
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~~~ -:~,}}t~,1 '• .' '~ r / .......,__ _ FUTURE
Following the street tree analysis, KTUA
created planting design concepts for the
improvements along Espola Road. Two
concepts were developed and presented to
the community, one formal and one informal
concept. These schemes were designed to
accommodate the anticipated tree removal
from the grant money awarded to the City.

Therefore, it was infeasible to remove and
replace all existing Eucalyptus trees along
Espola Road. As a result, the first phase of
proposed development was to remove existing
street trees within the public right-of-way as
phasing and funding allow, and provide new
street trees that are a more appropriate size
)Cf-.~ ··.:.", . '""=~~~ktt
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relative to the street, drought tolerant and throughout the length of the street. This easy to maintain. concept provides an outdoor environment that 1 PROPOSED TREES,
THIS SHEET Again, both concepts proposed new street
trees within the right-of-way, including
within existing street parkways, which are
the planting areas between the curb and the
neighboring sidewalk. The design intent was to
create a comfortable street environment while
improving the street safety and aesthetics.

Within the formal street tree concept, the
street trees would be arranged in a strict,
linear layout. Trees would be planted at regular
spacing of 30'-0" on center. The tree species
would be arranged in a repeating pattern
results in a defined and sculpted appearance.

Within the informal street tree concept
(shown above), the street trees would be
arranged with irregular spacing and tree
species arrangement. This type of planting
character provides an outdoor environment
that resembles the natural aesthetic of the
existing landscape along Espola Road and is
consistent with the City of Poway's "City in the
Country" motto. This informal concept was
the preferred option among the community,
as noted in the online survey and open house
events.
~
NORTH

NOTTO SCALE

PLANTING LEGEND
STREET TREE #I
- STREET TREE #2
• ACCENT TREE
f ·-.., , EXISTING TREE TO \ CI ,___ __ , REMAIN
14 TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN
May 16, 2023, Item #9
~ 3.4 ESPOLA ROAD PLANTING DESIGN CHARACTER
0 .... ....
0 w
The images on the right depict the intended
planting character for the streetscape. The
design intention is to create a landscape
environment that is more natural in
appearance. This is marked by the irregular
spacing and variety of trees along the roads
and sidewalks. As shown, this can be achieved
with various tree species and sizes.

The current streetscape along Espola Road
maintains a natural aesthetic. The proposed
planting improvements would build upon the
planting character while also improving plant
health and site safety. In addition, this informal
street tree concept would promote the City of
Poway's "City of the Country" aesthetic and i-.
supports lower maintenance requirements.

Selection of native and naturalized tree species
also follows the City's Landscape Design
Manual which calls for "native and naturalized
species of plants and low-water use planting".

Native and naturalized drought-tolerant trees
provide a variety of environmental benefits,
including water conservation and natural
habitat for birds and other wildlife. Specific
tree selections will require further study with
input from the LMD community.

TWIN PEAKS ANO ESPOLA RO - LANDSCAPE MASTER PLAN 15
May 16, 2023, Item #9
~ 3.5 ESPOLA ROAD TREE PLANTING PALETTE
0 -...
8 CITY OF POWAY

LANDSCAPE

DESIGN MANUAL
TREES
24" BOX SIZE
Pistacia chinensis / Chinese Pistache
Mature Height : 30' - 35'
Quercus ilex / Holly Oak
Mature Height: 40'-70'
Ulmus parvifolia / Chinese Elm
Mature Height : 40'-50'
.................................................................................................................................................

DROUGHT

TOLERANT TREES
24" BOX SIZE

NATIVE TREES
24" BOX SIZE
Geijera parvifolia / Australian Willow
Mature Height: 25' -35'
Arbutus 'Marina' - Strawberry Tree
Mature Height: 20'-40 '
Lophostemon confertus / Brisbone Box Koelreuteria paniculata / Chinese Rome Tree Mature Height : 40'-60' Mature Height: 30'-35'
Cercidium floridum / Blue Palo Verde
Mature Height: 35'
Cercis occidentolis / Western Redbud
Mature Height: 15'-20'
Rhus lancea I African Sumac
Mature Height: 20'-30'
Chilopsis linearis / Desert Willow
Mature Height: 15'-40'
Quercus agrifolia / Coast Live Oak
Mature Height: 50'-70'
................................................................................. •-• ............................................................. .

Shown above are the tree species options that category are trees that were determined to be the year. Such conditions are common this list of tree options provides a healthy were found to be suitable for the streetscape suitable from the list of tree options approved around the San Diego region. These species variety to create an appealing and thriving along Espola Road. These trees provide a by the City of Poway for Espola Road. Next, are successfully used in such conditions. landscape, it is intended to act as a guide. size that is more appropriate to the speed of a selection of drought tolerant tree species Lastly, a group of tree species options native Further planting options could be developed ongoing traffic. They also are broadheaded, were identified. These trees are known to to California were identified. The benefits of once the area reaches construction or non-invasive, drought-tolerant and require be tolerant of various soil environments that these options include better plant durability construction documentation. low effort of maintenance. Within the first receive lower volumes of water throughout over time and lower water usage needs. While 16 TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN
May 16, 2023, Item #9
~ 3.6 ESPOLA ROAD PLANTING DESIGN - ENHANCED ENTRYWAYS CONCEPTUAL PLANT PALETTE a ....
0 w

ENTRY ACCENT
TREES
24"BOXSIZE
Arbutus 'Marina'
Strawberry Tree
Logerstroemia indica
Crape Myrtle
Pistacia chinensis
Chinese Pistache
................................................................................................................................................. -
SHRUBS
1 GALLON SIZE
Arctostophylos 'Pacific Mist'
Pacific Mist Manzanita
Carex divulsa
Grey Sedge
Helictotrichon sempervirens
Blue Oat Gross
Juncus patens 'Elk Blue'
California Rush
Muhlenbergia capillaris
Pink Muhly
Sesleria autumnalis
Autumn Moor Gross
.................................................................................................................................................

J."'~ ~\,~

ACCENT SHRUBS
1 GALLON SIZE
Agave Species
Agave
'.',
··~· · ' - ·~ · . '\ ,, ~,. \1 :: ' , ' . . . . . ' ~Jft., ~-•Jl_: ,,,/,t,1!/J ·'.,',-,~""~ii, ~-·.•:~ll'Jll'Jt> -~ .·('l~~\1.J;t\;•:,:;(fj~~~,t~?~ .-:~~~ .. \'{.~.~ t ·\i\.>i(·~~r~;J
wl.' )(' ~'.\·.•. :; ·. ·.· :;,,,_· ·
~~ ,_-~. " · " -- : \' ·,·) !
"·1. ' • . ••• -.
, ·---!(.-oe., i'.ii}
Aloe Species
Aloe
Crassula falcala
Airplane Pion!
Echeverio 'Afterglow'
Echeveria
Senevio mandra liscoe
Blue Finger
.................................................................................................................................................

Shown above are the planting species options entry landscape. Next, shrub species options woody landscape shrub material, yet still offer these plant options provide a landscape that were found to be suitable for the entryways are shown. The common element with these great adaptability and durability within the appeal similar to the existing entryways along along Espola Road. Within the first category options is that they are all grass type shrubs. San Diego environment. Lastly, accent shrub Espola Road that were well-received in the are accent trees that will be attractive in either Each offer a variety of green color and are options are shown. These options provide an community. their color or form. These tree options are small great for shrub massings. The grassy texture appealing textural contrast to the grasses and to medium in size so they do not overpower the provides a modern aesthetic as opposed to provide more options for color. Altogether, TWIN PEAKS AND ESPOLA RD· LANDSCAPE MASTER PLAN 17
May 16, 2023, Item #9
N ex, 3.7 ESPOLA ROAD PLANTING DESIGN CONCEPT - AERIAL
a .....
0 w Three dimensional modeling studies were
performed to understand the visual impacts
of the street tree improvements. The final
informal planting concept is shown here. The
irregular spacing of trees and tree species
blend in more seemlessly with the aesthetic
of the remaining Eucalyptus trees outside of
the right-of-way.

FIGURE 1-5: Conceptual Aerial View of Landscape Concept (Informal Street Tree Spacing) 18 TWIN PEAKS AND ESPOLA RD · LANDSCAPE MASTER PLAN
May 16, 2023, Item #9
N
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0 -....
0 w
TWIN PEAKS AND ESPOLA RD - LANDSCAPE MASTER PLAN 19
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DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 16, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works tff
Shadi Sarni, Principal Civil Engineer, Public Works 55
(858) 668-4717 or [email protected]

CITY COUNCIL
Approval of Consultant Agreement between the City of Poway and Butier Engineering, Inc. for Construction Management and Inspection Services for the Clearwell Replacement Project, RFP No. 23-01 O
To improve the reliability, redundancy and resiliency of the City of Poway's (City) potable water system, the City embarked on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes bypassing the ten (10) million gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant to enable its replacement; replacing the Clearwell with two four-million-gallon prestressed concrete tanks; and establishing a new San Diego County Water Authority treated water connection including a flow control facility, a turnout structure, a pump station, a forebay and a redundant transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road.

The Program has been discussed at City Council meetings on several occasions. The Program was brought to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021; June 1, 2021; July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; and February 7, 2023.

The Clearwell Bypass Project, which was completed in September 2022, consists of above and below ground pipelines, a temporary pump station, a temporary pressure regulating station and two temporary bolted-steel tanks. This infrastructure has enabled bypassing the existing Clearwell and has facilitated taking it offline for replacement. The bypass system was tested and has been successfully operating since November 2022. The Clearwell has been taken offline, which has enabled geotechnical testing of the soil underneath it.

The Clearwell Replacement Project will replace the aging reservoir with two four-million-gallon circular prestressed concrete tanks. The dual tanks provide redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs while the other provides continuous, uninterrupted service. The prestressed concrete tanks also provide superior quality and a longer 1 of 28
May 16, 2023, Item #10
asset life. With this project, the overflow structure will also be brought to industry standards with proper air gaps, per the mutual agreement with the State Division of Drinking Water.

The design was finalized and the project advertised for bids on May 11, 2023. The targeted construction start date is Summer 2023 and the targeted construction end date is Fall 2025. Once construction is completed and the Clearwell is operational, the temporary bypass facilities will be removed and the softball field will be restored to its original condition.

Discussion:

On December 1, 2022, Request for Proposals (RFPs) were posted for construction management and inspection services of the Clearwell Replacement Project (RFP 23-010). Six proposals were received on February 1, 2023. The proposals were received from Butier Engineering, Inc., Capo Projects Group, Dudek, Hoch Consulting, Kennedy/Jenks Consultants, Inc., and Lee+Ro Water Infrastructure Engineers.

Engineering Consulting Firm Fee Proposal
Butier Engineering, Inc. $2,641,012.00
Capo Project Group $3,799,836.90
Dudek No fee proposal was submitted
Hoch Consulting $1,855,709.88
Kennedy/Jenks Consultants, Inc. $2,795,529.00
Lee+Ro Water Infrastructure Engineers $2,499,346.00
The proposals were evaluated by a panel that consisted of staff and consultants. Professional services contracts are not subject to the low bid criteria and are selected based on qualifications. Therefore, the two consulting firms that most closely met the selection criteria, Butier Engineering, Inc., and Kennedy/Jenks Consultants, Inc., were invited to interview on March 22, 2023. The interview panel consisted of staff and consultants. Butier Engineering, Inc., was selected by the interview panel as the most qualified engineering consultant to perform the construction management and inspection work.

The construction management and inspection services will be implemented according to the scope of services and fee schedule in the Consultant Agreement (Attachment A), for a not-to-exceed fee of $2,641,012.00. This amount is approximately 6% of the total project budget.

Recommended Action:

It is recommended the City Council approve the Consultant Agreement with Butier Engineering, Inc., for construction management and inspection services for the Clearwell Replacement Project in the amount of $2,641,012.00, per the outlined terms of the Consultant Agreement and authorize the· City Manager to execute the necessary documents.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA). 2 of28
May 16, 2023, Item #10
Fiscal Impact:

Sufficient funds are budgeted in the Capital Improvement Fund Program Clearwell Replacement Project (Project WTR0027) for this request. This project will be funded with the proceeds of a planned 2023 Water Revenue Bond issuance that is scheduled to be brought before the City Council for authorization on July 18, 2023.

Public Notification:

None.

Attachments:

A. Consultant Agreement with Butier Engineering, Inc.

Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of28
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
May 16, 2023, Item #10
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of May, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Butier Engineering Inc. (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform full service professional construction management and inspection services for the Clearwell Replacement Project (Project);
WHEREAS, Consultant is a construction management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; 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 CONSUL TANT 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. 4of28 ATTACHMENT A
May 16, 2023, Item #10

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.

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. 5 of28 2
May 16, 2023, Item #10
"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:
[8] 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.

Eric Heidemann, Director of Public Works

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) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
6 of 28 3
May 16, 2023, Item #10

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 1 Permits 1 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.
( 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.
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May 16, 2023, Item #10
(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 pursuantto 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.

Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
8 of28 5
May 16, 2023, Item #10

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 membe.rs of CalPERS while providing services to City . . 9 of 28 6
May 16, 2023, Item #10
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. Severa bi lity.

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)
10 of 28 7
May 16, 2023, Item #10
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:_ (Jt,._ 1vfdt=-__
Alan Fenstermacher, City Attorney
11 of 28

CONSULTANT
8 By:-----------
Mark M. Butier Jr., President/CFO
Date: ___________ _
May 16, 2023, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the professional construction management and inspection services further described in the Scope of Services, 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, which are included in this document as Attachment 2. Total fee is not to exceed $2,641,012.00. 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.

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 be effective from the period commencing May 17, 2023, and ending August 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or 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.
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May 16, 2023, Item #10
(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:
13 of 28 10
City of Poway
P.O. Box 789
Poway, CA 92074
Butier Engineering, Inc.
17822 E. 17th Street, Suite 404
Tustin, CA 92780
May 16, 2023, Item #10
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)
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(!)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 May 16, 2023, Item #10
Cal Gov Code § 7522.56
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. (2)A retired person who accepts an appointment after receiving 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:
15 of 28
(l)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. 12 May 16, 2023, Item #10
Cal Gov Code § 7522.56
(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.
(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 II 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(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), 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).
16 of 28 13
May 16, 2023, Item #10
ATTACHMENT 1
·' .

SECTION D. :·,i.

Scope of Work ·. ~
A. Managing Personnel & Resources
We have assembled a project team based on the City's
technical, environmental, economic, and political needs. Mark Butier will perform as Butier's Project Director, serving as a primary point of contact to the City and assisting our Senior Construction Manager with coordinating technical resources to meet the requirements of the Clearwell Replacement
Project. He will meet with the City's representatives at key project milestones, as appropriate.

Our proposed Senior Construction Manager Joe Blum,
Field Engineer Chandler Cartolano, and Lead Inspector
Bill Baker will be assigned at the field level to manage daily site activities . Mr. Blum will work closely with the City's representative, manage the on-site staff, and will bear overall contract responsibility. He will have full access to civil, mechanical, electrical, structural , instrumentation and control engineers , and specialty inspectors through Butier's in-house staff and teaming arrangements with Ninyo & Moore and ON SITE Technical Services.

B. Proven Proiect Control System
Project management and inspection responsibilities
will be handled individually by the project team member best experienced to provide the needed service. This
approach is crit ical for the Owner's defense in the event of project claims . It is also a more efficient use of contract administration budgets by matching staff skills to project needs.

Butier does not assign inspection staff to perform project document controls; rather, inspectors are focused on
implementing the QA/QC program and reports required to
document daily activity. Likewise, all project documentation (submittals, RFls, changes, as-builts, transmittals, etc.) is the responsibility of the Field Engineer.

Butier's project team is structured to provide for disciplined layers of quality assurance. The construction managemen t team is always vigilant during pre-construction,
construction , and startup to meticulously document project activities, and to minimize contrac tor claims .

ELEMENTS OF

PROJECT CONTROL
Cost Control Sclledule Control
Butier will use a project control system
consisting of the following elements that will
provide QA/ QC procedures and guidelines
in the successful executio n of the Clearwell
Replacemen t Project. Our team's ability to
manage relat ionships with members of
the Project team wilt also be essential to
minimize conflicts and keeping the same
goals In mind.

1. Cost & Schedule Controls
Change management
and pricing; force
account traclung; ancl
estimat ing
QA/QC Control
Respond to RFls; field
documentation of site materials:
daily progress reports: re~iew as
t:>uill drawings: and pennits &
regulatory agency requirements
Schedule Review;
variances addressed at
progress meetings; aml
•1ariance identification /
analysis init iates recovery
CM Manual
CM organization; roles and
responsibilities: reporting
relation ships; commun ication
re(luirements; . and construction
management procedures
While the CM Team's ability to meet schedule milestones will be important for meeting the overall goals of the project, their ability to monitor and manage the Contractor's performance will be critical to minimizing problems during construction.

Contractor schedule requirements will be specified in
Butier utilizes Oracle Primave ra PG to provide resource loaded schedules, which are the basis for evaluating
performance and identifying if potential problems will occur.

The Contractor will be required to submit a detailed resource loaded schedule for acceptance by the City. The Contractor is then required to provide timely, detailed status information as the work progresses. The Butier Team will project future performance through trend analysis and evaluate the
Contractor's actual performance by comparing actual qualities completed versus planned. The primary resource loading for the contract documents based on project needs. Such
requirements include substantial completion deadlines and interim and final completion dates .

BUTIER
' . ,•, .,
17 of 28

Page 9 ends

14 May 16, 2023, Item #10
these evaluations includes cost (dollars); workforce hours (by craft); quantity of work (CY, LF, etc.); and equipment listing.

Accurate two-week look ahead schedules are a key
component to keeping activities ongoing and in the forefront of the Contractor and Owner's representatives' minds. Butier's Senior Construction Manager will conduct weekly meetings to discuss look-ahead schedules, projecting critical milestones and items needing resolution. Workshops will be conducted to resolve outstanding issues, if needed.

Recovery plans are required whenever the Contractor falls significantly behind
City of Poway, Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
input data and check calculations; review drawings,
specifications , technical reports, memos, and
meeting minutes ; perform constructability, operability, maintainability, and usability reviews; and review design for compliance with safety standards.

3. CM Communications Manual
The Senior CM will prepare an abbreviated CM
Communications Manual to be approved by the City. The
manual will include project
correspondence in accordance
schedule. These plans
should address mitigation
efforts such as additional

ADDING VALUE WITH
with the City's document
formatting standards. It will
integrate the interdependent
roles of the City, Construction crews, additional shifts, or developing work-around
schedules that move the
delayed activity off the
critical path so that its
completion will not affect
critical milestones .

2. QA/ QC Plan
Butier's Construction Management Team will utilize a
spreadsheet to track all hours billed, broken down by labor classification . This cost track ing system has proven to be effective in controlling costs for recent projects, including Santa Margarita Water District's $93 .3 mllllo n Trampas Canyon Dam and Reservoir and Trampas Recycled Water
Pump Statio n Projects .

Manager, Engineer, and
Contractor through all phases
of the work. The Manual will
include, at a minimum, the
following items:

Project Organization :
assignments, responsibilities,
lines of communication, and
methods for interfacing with The Butier Team will
develop a QA/QC plan for the Clearwell Replacement Project.

A sample of Butier Corporate QC Manual (ISO 9000
compliant) is provided on the enclosed Flash Drive.

The QA/ QC Plan will reflect a set of objectives defined by City staff and assigned construction management and inspection personnel. The Plan will provide City staff with a format for measuring policy objectives. In the future, the information derived can serve as a template for how the City can best utilize consultant staff to meet its short-term construct ion needs. The Plan includes the overall project QC procedures, as well as a comprehensive plan for testing , inspection, and documenting Contractor compliance with the construction contract documents.

Quality Assurance- Procedures or actions to be
confirmed include the following: CM Plan: specific QA/QC requirements; submittal process plan; document control
and file management plan; identification of City apprnvals at milestones and control of field data; control of testing to determine validity and accuracy of data collected in the field; calibration ancl testing of equipment; identification of the need for corrective action; and auditing to verify compliance.

Quality Control-Activities to be verified for the work
include review by the quality control team: identification and compliance with applicable codes, ordinances,
permits, environmental requirements, etc.: review
team members
Meeting and Notice Procedures : Schedules, notices,
agendas, reporting procedures, documentation
requirements, and timely acceptance processes
Contract Administration : Description of control systems and procedures utilizing Procore for performing and
documenting submittal reviews, RFls, change orders,
claims, and closeout activities
C. Scope of Work
The Butier Team understands that the City is seeking
a qualified consulting firm to provide project contract administration and compliance, construction schedule and change management, submittals reviews, progress payment recommendations, general and specialty construction
inspections, soils and materials testing, and post construction services. Based on our review of the RFP and project
documents, we developed the following scope of work and methodology, outlining our team's project delivery approach.

BLITIER Page 10 D. SCOPE OF WORK
18 of 28 15
May 16, 2023, Item #10
TASK 1 - PRECONSTRUCTION SERVICES

1.1 Kick-Off Meeting
Prior to the start of construction, the Senior CM will conduct a kick-off meeting with the City, City's Program Manager, the Design Engineer, and all project stakeholders to become familiar with the scope of work and the City's CM Procedures.

The Butier Team will present its construction management plan, including communication protocols and templates proposed for use while admin istering the construction contract.

City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Proj ect No. WTR0027)
Workflow routing will be created based on each specific document requiring review. The Designer will receive
applicable documents for review; however, there will be documents that require City Engineering or Operations input.

Appropriate review times for reviewers will be established based on contractual timelines-and more importantly
needs in the field for schedule advancement. Follow up
communication will be implemented as necessary .

Addit ionally, Procore can be configured to display the latest Primavera PG construction project schedule and weather

1.2 Review Construction
Documents
The Butier Team will review the
plans ancl spec 1ficatio11s. p1·ior
to the pre-construction meet ing
to determine if ambigu ities,
errors, omissions. or conflicts
exist. These conflicts will b1e
documented and brought to the
attention of the City for review
and action to revise, clarify, or to
provide add itional data prior to
start of construction .
.
•
information, both current and
forecast. At the con cl us ion
of the project, project-related
documentation will be converted
to PDF format and distributed to
the appropr iate parties .

1.3 Pre-Construction Survey
The Senior CM and Field
Inspectors will perform a pre
construction site video survey
with the Contractor prior to the
NTP. The video will document
the existing condition of all areas
that will be impacted by construction. The Butier Team will also take digital photographs to document the existing conditions.

The survey documentation will be uploaded to Procore.

1.4 Construction Phasing and Sequencing
The Senior CM and Lead Inspector will perform review
construction phasing, staging plans, and other pertinent information related to mobilization and first steps and propose revisions for construction, as necessary . They will analyze sequencing of operations to be performed during construction .

1.5 Document Control & Tracking
The Butier Team has been utilizing Procore as its main
document control system for over seven (7) years. Our
Document Controls Specialist will create the Clearwell
Replacement Project in Procore within 1-2 days, and the Senior CM will manage all aspects to ensure clear and
organized project files are kept up to date. The system inherent ly tracks submittals and RFls and sends alerts to reviewers within the workflo w and provides 24/ 7 team access to all documents.

1.6 Project Correspondence
and Communication
The Senior CM will establish a
communication protocol with
all project stakeholders at the
commencement of the project.

The Senior CM will provide
written correspondence to
the Contractor as necessary
to manage the project in an
efficient and timely manner and
in accordance with the contract
documents. All correspondence
will be issued through the
electronic document control system.

1. 7 Resolving Conflicts and Dispute Resolution
As stated previously, the Senior CM will prepare an
abbreviated CM Communications Manual that will include
project correspondence in accordance with the City's
document formatting standards . It will integrate the
interdependent roles of the City, Construction Manager, Engineer, and Contractor through all phases of the work. The CM Communications Manual will help prevent conflicts and providing work directives. In addition, the Project Director will work with the Senior CM in develop ing methods for dispute resolution and establishing a positive working relationship with the Contractor, and overall communication protocols .

1.8 Pre-Construction Meeting
The Butier Team will schedule and facilitate a pre-construction meeting with the City, the Design Engineer, the Contractor, affected utility companies and other critical project
stakeholders. The project team will outline the following to the Contra ctor: contract administration guidelines, contractual roles , reinforcement of specific requirements for safety, traffic BUTIER Page 11 D. SCOPE OF WORK
' ,',"
19 of 28 16
May 16, 2023, Item #10
access, and coordination issues for the work. The Senior CM will provide a meeting agenda 5 days in advance of the meeting and transmit meeting minutes to all attendees within 3 business days .

1.9 Pre-Construction Scheduling Meeting
The Senior CM will facilitate a meeting with the City's Project Manager and the Contractor to discuss the scheduling
specificat ion requirements and format. The meeting will facilitate timely submittal, review, and approval of the Contractor 's Baseline Schedule and help to reduce the
number of resubmittals. The Senior CM will prepare an agenda 5 business days prior to the meeting and submit to the City for approval. The Senior CM will distribute meeting minutes to all attendees within 3 business days of the meeting.

1.10 Progress Payments
The Senior CM will develop Contractor progress payment
procedures and other construction management procedural items for approval by City
(e.g., daily inspection reports,
RFI response, log sheets,
etc.).

SAMPLE
City of Poway, Public Works Department
Construction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)
TASK 2 - CONSTRUCTION SERVICES

2.1 Field Office Mobilization & Equipment
The Senior PM and Field Engineer will coordinate and oversee the setup, occupancy, and use of an on-site field office provided by the Contractor. The Butier Team will provide all office furnishings , equipment. vehicles, laboratory and field testing equipment, radios, materials, tools , inspection gear, cameras and film, paper, offi ce supplies, and all other items as required, providing suitable work facilities and materials, as necessary, for the CM team .

2.2 Contract Administration & Communication
As stated previously, the Senior CM will provide contract administration as an agent of the City and establish and implement coordination and communication procedures
among the Contractor, City and the Design Engineer.

2.3 Coordinate with City Contracted Consultants
The Senior CM will act as
the City's main point of
contact for coordinating

1.11 Safety
The Senior CM and Field
Inspectors will monitor the
Contractors ' work practices
to ensure that all safety
requirements are met. The
Butier can tailor monthly reports to any proJect ·based on the scope of work and need. Please refer to Section G.

Project Experience on the enclosed Flash Drive for the
City of Anaheim's Nohl Canyon Water Storage Tank Project Final Project Report prepared by Senior Constr uction
M anag er Joe Blum.
and assisting as necessary
with contractors , surveyors,
material testers. the Design
Engineer, utility companies,
other agencies, and
other part ies. He will be
responsible for the following:

Senior CM will review the
Contractor's Injury and Illness Prevention Plan (IIPP) and Job Hazard Analyses (JHA), and will observe the Contractor's work to ensure conformance with OSHA requirements. The
Senior CM will promptly notify the Contractor and the City's Project Manager of any observed safety violations. In addition, the Senior CM and Lead Field Inspector will attend the
Contractor's weekly safety meeting, follow the Contractor's safety program, and offer suggestions where warranted.

Our personnel will actively evaluate site construction
operations and any hazardous conditions that are present, evaluate construction work zone staging, monitor work safety, and actively manage access during construction operations

1.12 Permits
The Butier Team will ensure that the Contractor has obtained all permits necessary for the performance of the work and that all permit conditions are met by the Contractor. The Team will also monitor the Contractor 's traffic control system to ensure the traffic control is properly maintained in accordance with contract documents .
a. Correspondence :

Maintain close contact with
the City Project Manager, City Program Management Firm, and the Design Engineering firm on all correspondence.

Coordinate with applicable parties to assist in developing responses to all City and Contractor correspondence.
b. Weekly Construction Progress & Other Meetings :

Schedule and facil itate weekly progress meetings with
the City and the Contractor and attend construction
meetings with other projects in the vicinity, as necessary.

The Field Engineer will prepare and distribute an agenda and meeting minutes utilizing approved templates .

Meetings will discuss the schedul e, near-term activities, COs, submittals and RFls, site safety, job issues, and
actions requiring clarification of design intent, ambiguities in contract documents, and other key issues. Action
monitoring will be implemented to ensure compliance and timely response by all parties .

Labor Compliance : Ensure labor compliance
requirements stated in the specifi cations are adhered
to. The Senior CM will ensure timely submittal of all DIR required documents by the Contractor .

BUTIER Page 12 D. SCOPE OF WORK
20 of 28 17
May 16, 2023, Item #10
d. Monthly Construction Progress Reports : The Butier
Team can tailor the report to exactly what the City
would like to see. Monthly written status reports will be prepared by the Senior CM and Field Engineer, providing an overview to the City of the project details. This will include project costs to date, citing the status of time and costs associated with the project, reconciliation of contract time, work progress, and manpower usage by
the Contractor. Included at a minimum will be progress
over the past month (including progress photos), contract budget status, change order status, RFI status, schedule status, log of submittals, and man-hour utilization reports.

Please refer to Section G. Project Experience on the
enclosed Flash Drive for a sample report prepared by
Senior CM Joe Blum .
e. Construction Documents and Correspondence : Maintain a digital copy of all contracts, drawings, specifications, addenda, change orders and other modifications, marked
currently to record changes and selections made during
construction, and in addition, approved shop drawings,
product data, samples and similar required submittals.

Make all such records access available to the Design
Engineer and upon completion of the Project delivered to the City in PDF format generated by Procore.
f. Record Drawings : The Senior CM and Lead Inspector
will review the Contractor's record drawings on a weekly basis to ensure they are up to date and accurate. The CM Team will review the record drawings at the end of each month prior to approving the monthly progress payment
request. The Senior CM will also maintain an independent reproducible set of as-built drawings, on which all design changes and field adjustments are made in ink by the
Contractor (or preferably digital markups) to reflect
construction conditions recorded and observed.

2.4 Construction Schedule Management
The Butier Team will utilize Primavera Project Planner (P6) to perform schedule reviews. The CM and Senior Scheduler will review the Project Baseline Schedule for conformance with the Contract Documents, for feasibility of the activity sequences and durations, and for conflicts with staging and traffic management plans, and provide feedback. They will confirm the Project Baseline Schedule contains all project tasks; including, but not limited to all project submittals, products and materials procurement, inspection requests, and construction, installation, and inspection activities.

The Senior CM and Senior Scheduler will evaluate and monitor the Contractor's Baseline Schedule, weekly look-ahead
schedules, monthly schedule updates, Time Impact Analyses (TIAs), schedule revisions, and as-built schedule submittals.

They will prepare a Weekly Statement of Working Days
(WSWD) report and send to the Contractor on a weekly basis.

City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
The WSWD will include all the typical industry standard project work time tracking information.

In addition, the Senior CM and Senior Scheduler will work closely with the City Project Manager and City's Program Management Firm to analyze and negotiate time extensions due to change orders and other delays, and make
recommendations to the City Project Manager. The will update the overall project schedules to reflect actual progress and changes. Slippage of any contract activities on the critical path, as well as time sequence problems, will be identified early so that the Team may take corrective action, if possible.

The Contractor should be required to re-evaluate the logic of their original schedules and resubmit revised planning should the original plan be ineffective or not followed. Contractor time extensions must be supported by critical path impacts on the approved baseline schedules.

2.5 Progress Payment Recommendations
The Senior CM will review and approve the Contractor's
Schedule of Values at the commencement of the project and will ensure that the Schedule of Values contains sufficient detail to track the progress of the work and to facilitate approval of the Contractor's monthly pay requests.

He will receive, check, and verify all Contractor monthly progress payment requests and other project-related invoices are based upon the cost-loaded schedule. The progress
payment worksheet will be based on an approved schedule of values. Progress pay requests will be checked against the approved schedule of assigned values and actual in place quantities verified at the end of the pay period. The pay request format will be established by the project team to expedite checking, processing, and subsequent updating of project budgets and cost projections and forwarded to the City's Project Manager for approval and payment to the Contractor.
a. Monitor the approved overall project budget and show actual costs for activities in progress and estimates
for uncompleted tasks by way_ of comparison with such
approved overall project budget.
b. Develop cash flow reports and forecasts for the Project and advise the City as to variances between actual and
budgeted or estimated costs.
c. Maintain accounting records on authorized work
performed under unit costs, additional work performed on the basis of actual costs of labor and materials, and other work requiring accounting records.
d. Prepare monthly progress payment recommendations by
measuring and tabulating contract quantities, verifying material tickets, reviewing the Contractor's invoices,
verifying completed work, approving all quantities,
and assisting with Contractor meetings to resolve any
BUTIER Page 13 D. SCOPE OF WORK
' ' ,,, ' "'
21 of 28 18
May 16, 2023, Item #10
differences in percent complete.
e. Review and certify the quantities and amounts submitted with Contractor's monthly progress payment request and
analyze differences over amount.
f. Prepare a Project application for payment based on the Contractol'°s Certificate for Payment. The Consulta nt's application for payment will constitute a representation to the City, based on the Consultant's determinations
at the site and on the data comprising the Contractor's cert ificate fo1· payrnent. that, to the best of the
Consultant's knowledge, information and belief, the
work has progressed to the point indicated and the
quality of the work is in accordance with the Contract
Documents. The foregoing representations are subject
to an evaluation of the work of conformance with the
Contract Documents upon substantial completion, to
results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable prior to comp letion and to specifi c qualificatio ns exp1·essecl by the Consultant. The issuance of a Ce1·tificate for Payme11t will further constitute a representation that the Contractor is entitled to pay111ent in the amount certified.
g. Sub111it 111onthly Certificate for Payme11t package to the City Project Manager for payment processing with supporting
docu111ents, including quantity ve1·ification sheets.
h. Confi rm the submitta l of a Conditional Waiver ancl Release form with the applicable monthly progress payment
request and upon final payment 1·equest.

2.6 Request for Information (RFI) and Submittals
Using Procore , a computerized systematic tracking procedure will be established by the Senior CM for timely submittal review and processing of shop drawings with means for
acceleratio n of review possib le fo r significant critica l controlling shop drawings. In meeting the City's internal timeframes, submittals will be processed on a one-week
turnaround basis or sooner. Submittal tracking will be
introduced into Procore and status of submittals will be known at all times. This system will be coordinated with the Contractor per contract document requirements. The Senior CM will provide limited reviews as shop drawings are received during the construction phase and provide recommendations and review comments supplemented by City staff.

In addition, the Senior CM will distribute all submittals to the City Project Manager and appropriate City staff, as necessary, and track responses . He will ensure that all deferred
submittals called for in the Special Provisions are submitted in a timely manner for review by the Design Engineer and subsequently submitted to the City's Building Division for permit/plan check.

City of Poway, Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
The Senior CM will coordinate the RFI review process and route all RFls to the appropriate reviewer. The documentation will be logged, tracked, maintained, and organized in Procore in PDF format. All responses will be monitored with suspense action dates and follow-up procedures implemented to
ensure timely action by all parties to project issues including input from City staff. Should the Contractor deem the RFI response has created a change in scope and a change order is requested, the Senior CM will obtain approval of the City's Project Manager prior to issuing a change order authorization.

The Senior CM will send technical design-related RFls to the

OUR MAIN FOCUS IS
Butier's main focus is claims avoidance and mitigation .

We view a proactive approach to construction
management as the best defense to minimize the risk
for change orders and claims. This approach begins
during the constructability review stage and continues
throughout construction to the startup of facilities. In our 46-year history, we have completed all of our contracts without litigation .

Design Engineer and the City Project Manager, and process response to Contractor in a timely manner. He will attend meetings with the City Project Manager, Contractor and other parties, as needed, to discuss and resolve any outstanding RFls.

2.7 Contract Change Orders (CCO)
The Senior CM will have no authority to issue changes or modifications to the contract documents . He will track, document, and negotiate all changes for added costs or
credits with the Contractor and evaluate all schedule impacts of changes. The Senior CM will advise the City's Project Manager of equitable cost and time adjustments for proposed or authorized changes including credits, if any that are due.

The Senior CM and support staff will evaluate all claims by the Contractor seeking additional costs or additional time for contract modifications . The documentation of claims issues are included in the Document Control System and provide the CM Team with detailed data for determining the validity of all requests. The Senior CM will assess whether the claim is merited and make recommendations on resolution or denial of claimed costs. The Senior CM will identify, prepare, log and monitor all Contractor claims or changes and will prepare a position paper setting forth the contractual basis of the change order entitlement, background leading to the request for potential change order, possible resolution to change requests , and recommendations for the City's decision.

BUTIER Page 14 D. SCOPE OF WORK
22 of 28 19
May 16, 2023, Item #10
City of Poway, Public Works Department
Constru ction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)

2.8 Construction Observation/Inspection Services conditions, change order and claim items, and any special or unique conditions as they arise. The photographic
library will be turned over to the City at the completion of the construction cont ract.

Butier's Lead Inspector and supplemental inspectors will make all reasonable efforts to protect the City against defects and deficiencies in the work of tl1e Contractor and ensure compliance with provisions of the Contract Documents,
Permits, Contract Change Orders, and ensure environmental requirements are being fulfilled during all phases of work. f. Verify layout of temporary formwork, falsework,
reinforcement, templates, shoring, trenching, alignment, grade, elevation, size and location of improvements, etc ., prior to the beginning of the permanent work; including, but not limited to foundations, walls, columns, slabs,
retaining structures, vaults, pipelines, conduits, pavement and flatwork, and ancillary facilit ies.
a.
b.
d.
e.

Provide day-to-day on-the-job observation/inspection
of all construction work on the Project over a 3O-day
preconstruction period and over the entire construction period, including full-
time inspector(s) and
as needed specialty
inspector(s).

FIELD QA/ QC IS VITAL TO
g. Maintain records of
building or structure layout
lines, elevations of the bottom
of footings, floor levels and
key si te elevat ions certified Coordinate and monitor
Contractor 's operations
with subcontractor
trades, suppliers, utili ty
companies, neighboring
residents and other
affected parties.

Communication with
neighboring residents will
be done by the City.

Coordinate the sequence
of construction in areas
The intent of field inspect ion is to fo llow estab lished QA/ QC guidelines to minimize rework, enforce requirements, and safeguard the best interests of the Owner. This all leads to minimizing delays and added expenses. Our
presence at the Clearwell Replacement Project will help minimize daily inspection and observation costs. Butier's Lead Inspector Bill Baker, CCM, CWI, ACI, NACE and
our team 's specialty Inspectors can provide all the
necessary Inspection .
by a qualified su rveyor or
professional engineer.
h. Monitor extra work or
disputed work separately
and provide supporting
documentation on the
Contractor's personnel and
equipment and include in the
daily inspection reports.
where the contractors are performing work, evaluate the Contractor 's daily performance , and address deficiencies as they occur.

Daily Inspection Reports : Prepare and submit to the
City's Project Manager daily construction reports,
documenting construction activities including the date, day of week, and weather conditions; hours of work;
personnel on site; time periods of equipment being used; idle or inoperable equipment; details of each activity; difficulties encountered; controversial matters/disputes; deficiencies and violations; instructions issued to the construction contractor; safety concerns; description of accidents; major material and equipment deliveries to the site; names of visitors to the site; and delays and extra work. Inspection reports will be submitted to the City on a weekly basis.

Photograph ic Records : Provide photographic/digital
records (JPEG format) of the project during construction at the time of and with the submission of the associated
daily inspection report. Log construction digital
photographs on a daily basis. A digital photographic library will be maintained of significant construction activities.

The photographs will be labe led with the date, location, and narrative information. Additional digital photographs will be taken to document differing site
j.
k.

I.
i. Coordinate any field issues
that require deviations from
the Contract Documents with the City's Project Manager.

The Senior CM will receive authorization for any deviations from the City's Project Manager.

Identify and report any damage to existing infrastructure, and coordinate replacement of infrastructure with the
Contractor per City and any other applicable Standards .

During the course of inspection and monitoring of the
work, the Lead Inspector will notify the Contractor of any violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Lead Inspector will notify the City and Cal/OSHA.

Review, monitor and ensure the Contractor's
environmental compliance with NPDES/Best Management
Practices (BMP) and verify the implementation of the
Contractor 's approved Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), and address deficiencies as they occur.
m. Ensure the Contractor's environmental compliance with all applicable regulations of the South Coast Air Quality Management District (AQMD), as applicable.
n. Document and submit to the City, the Contractor's
labor force completing work onsite including, names,
classifications, tasks completed, and hours worked.

BUTIER Page 15 D. SCOPE OF WORK
,,11 ; .
23 of 28 20
May 16, 2023, Item #10
o. Possess a vehicle with proof of auto insurance and
valid California driver's license, and a mobile phone for immediate contact by the City.

2.10 Safety Program
a. Conduct weekly meetings to discuss safety and to ensure that the Contractor prepares and submits an adequate
Safety Program and provides general safety signage and
postings for the Project.
b. It is understood that Butier will NOT be responsible for the Contractor's implementation of the Safety Program, or for monitoring compliance to such Safety Program.
c. Notify the Contractor of the Safety Program(s) non
compliance and direct the Contractor to suspend work
if imminent hazard is not immediately remedied or if a
dangerous condition persists.
d. Ensure the Contractor and all subcontractors have been provided and certify that they have received on-site safety presentation of hazardous materials on site "Right to
Know" per Contract Documents.

2.11 Utility Coordination
a. Include the City Project Manager on all correspondence. b. Coordinate with any impacted outside agency staff in matters of utility conflict or inspection in order to achieve expedited resolution.
c. Monitor, log and ensure the Contractor's compliance with the Contract Documents and Underground Service Alert
(USA)/Dig Alert regarding the location and preserving the integrity of existing underground utilities at the site. d. Assist in the coordination with the required
undergrounding of existing overhead utilities including, but not limited to electrical and fiber optic communication services to the site.
e. Assist in the coordination of temporary and permanent relocation of City owned network communication
antennae.

2.12 City Furnished Materials and Services
Assist the City's SCADA programming vendor with control strategy and instrumentation programming integration
including testing the program and demonstrating the
functionality of all equipment specified in the Contract Documents.

2.13 Testing and Startup
Butier selected ON-SITE Technical Services, Inc. to provide testing and startup services. Mr. Kent Kreeger from ON-SITE will be responsible for the following:
a. With the Design Engineer and the City's maintenance
City of Poway, Public Works Department
Construction Management and Inspection Services for
C/earwe/1 Replacement Project (Project No. WTR0027)
personnel, observe the Contractor's final equipment
testing and plant startup of all utilities, operational systems, and equipment.
b. Ensure the Contractor's compliance with all applicable tests, check out, startup, and related requirements
indicated in the Contract Documents.
c. Verify all applicable manufacturer installation inspections have been completed by the Contractor.
d. Review the Testing and Startup Plan developed by
the Contractor to ensure compliance with Contract
Documents and manufacturer requirements.
e. Monitor the use of product water during startup and
ensure the water is discharged appropriately.

Task 3: Public Relations and Outreach

3.1 Public Outreach
Public Outreach will be conducted by the City. The Senior CM will provide updated schedules, daily progress reports, and other documents to be used by the City's Public Outreach Coordinator for public outreach.

Task 4: Environmental Impacts Monitoring

4.1 Biological Resources
The Senior CM will coordinate a pre-construction nesting bird survey with Helix Environmental, the Environmental Sub-Consultant (through Kennedy Jenks) for the Project, to determine if active nests are present within or adjacent to the construction areas. The survey will be conducted within seven (7) days before the start of construction. Following the survey, the Senior CM will coordinate with Helix to provide an email to the City summarizing the survey methods and results of the survey, including a map of active nest(s) found during the survey and the corresponding setback buffers. Recommended setbacks will be based on the project activities, species, nest location, and other environmental factors.

4.2 Noise Mitigation
Monitor and coordinate all mitigation measures in order to minimize the potential noise impacts related to temporary use of construction equipment and vehicles which would emit noise, potentially in exceedance of City municipal code noise standards.

4.3 Traffic Mitigation
Monitor and coordinate all mitigation measures including designated construction haul routes, in order to minimize the potential local traffic impacts generated from construction vehicles traveling to and from the Project site.

BUTIER Page 16 D. SCOPE OF WORK
24 of 28 21
May 16, 2023, Item #10
Task 5: Traffic Management Coordination
The Butier Team will ensure that traffic impacts are minimized and to provide for public safety and convenience during all phases of the work. They will be responsible for completing the tasks listed below:

5.1 Safe Movement of Traffic and Pedestrians
a. Review and monito r all Traffic Control and Public Safety Plans proposed by the Contractor, for compliance with all applicable safety laws and regulations, including the Work Area Traffic Control Handbook (WATCH Manual) or Manual
on Uniform Traffic Control Devices (MUTCD) California
(Latest Edition).
b. Monitor the implementat ion of all traffic control devices for the safe movement of traff ic and pedestrians and
report any deficienc ies to the Contractor for immediate correction.
c. Confirm all Project subcontracto rs. material suppliers, and vendors are notified and in compliance witl1 designated haul route.
d. Observe and coordinate vehicle and pedest rian traffic control during periodic and/or seasonal special events/ activities at neighboring park.
e. Review all staging areas, detours, delineation and
temporary access, and report any deficiencies to the
Contractor for immediate correction .
f. Review and analyze traffic manageme nt and staging plans for potentia l conflict with adjacent or nearby projects that are under construction, and recommend revisions to minimize impacts.

Task 6: Soils/Materials, Concrete and Structural
Testing Services
Butier has selected Ninyo & Moore to perform this soils/ materials, concrete , and structural testing services.

Their team of project engineers and field technicians will provide assurance that the materials incorporated into the construction Project are in conformance with the Contract Specifications and include all testing service efforts such as soil compaction , concrete strength testing, structural testing, etc. for the duration of the construction. Ninyo & Moore will perform and be responsible for all the special inspections specified in the plans and specifications.

Butier's Construction Management and Inspection team will also be responsible for witnessing all welding and all weld air tests, including fillet welds on doublewelded lap joints and welds on butt straps.

City of Poway , Public Works Departmen t
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)

6.1 Materials laboratory and Personnel
As an integral part of the construct ion management
team, Ninyo & Moore's materia ls testing and inspection services staff will work close ly with But ier's Senior CM, Lead Inspector, and the City. Their materials testing and inspection department includes project and field engineers; ACI, ICC, AWS, and Caltrans certified inspectors and field technicians; and a materials testing laboratory certified by the AASHTO, City of San Diego, City of Los Angeles, and the US Army Corps of Engineers. Their staff of materials testing and inspection professionals will assist the City's in monitoring construction activities for compliance with project specifications, performing construction materials conformance testing, and the preparation and submittal of the necessary reports .

They will be responsible for the following: reviewing plans and specifications ; attending the Preconstruction Conference; grading observations and in-place density testing ; observation of pipe trench backfill placement and in-place density testing ; observation and testing of trench subgrade, aggregate base and asphalt concrete; observation of concrete placement by an ACI certified technician including collecting cylinders for compressive strength laboratory testing; and observation and testing of grading and tank foundation activities.

6.2 Acceptance Testing
a. Ensure testing methods will be in accordance with
a nationally recognized standard as specified in the
Contract Technical Specifications.
b. Ensure sample locations and frequencies are in
accordance with the Contract Technical Specifications . If not so specified, samples shall be taken at locations and frequencies coordinated with the Design Engineer.
c. Ensure all test results are reported to the Construction Manager in the shortest time typically allowed after
sampling. Failure to comply within specified time limits for test results may result in payment penalties of up to 20% for the tests due to late reporting of the results.
d. Maintain a record log of all test results, including the type of testing performed, location, result and action taken , and reporting time periods.
e. Develop and maintain Project record file of all material records of samples and tests, material releases, and
certificates of compliance for the Project.
f. On days when work is not performed by the construction contractor, such as rain days, the materials testing
personnel shall not provide services unless authorized by the City Project Manager.

BLITIER Page 17 D. SCOPE OF WORK
25 of 28 22
May 16, 2023, Item #10

6.3 Independent Assurance Program
a. Provide an Independent Assurance Program (IAP) to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order.
b. Provide IAP on every type of materials test required for the Project including proficiency and witness tests.

6.4 Failed Tests and Quality Review
a. As appropriate, the Consultant will have authority, upon written authorization from the City, to require additional testing or inspection of the work in accordance with the provisions of the Contract Documents, whether or not
such work is fabricated, installed or completed.
b. Coordinate with the Contractor to perform retesting on any failing test and inform the City's Project Manager. c. For any failed tests or inspections, retest and re
inspection will be required. Retests and re-inspections will be billed at the same rates as the original tests. Retests shall be highlighted on reports and invoices to help
facilitate reconciling negotiations with the Contractor. d. The Consultant, in consultation with the Design Engineer and City Project Manager, may reject work which does not conform to the requirements of the Contract Documents.
e. The Consultant may authorize minor variations in the work that do not involve an adjustment in the contract price or contract time and which are consistent with the overall intent of the Contract Documents. Any minor variations
authorized by the Consultant shall be duly recorded in
daily reports and included in the record drawings.
f. The Consultant is NOT authorized as a part of their
services to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to
approve or accept any portion of the work not performed in accordance with the Contract Documents.

Task 7 - Post Construction Services
The Senior CM will advise the City in determining when the Project is substantially complete. This task includes the following post construction services:

7.1 Punch List and Substantial Completion
The Butier Team will prepare detailed project punch lists and will coordinate with the City, the City's Contract Operator, the Design Engineer, and the Contractor to develop a
comprehensive start-up plan. The Senior CM will assign cost values for outstanding punch list items to facilitate prompt and timely close-out of the project.

Upon correction of deficiencies by the Contractor, the Senior CM will schedule, coordinate, and conduct a final walk- City of Poway , Public Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
through prior to the acceptance of work with the City and provide certification of Contractor compliance on work items specifically requested by the City, the City's Operator, and the Design Engineer.

7.2 Dispute Resolution and Final Payment
a. Negotiate and resolve outstanding Contract Change
Orders, global settlements, and any other items
necessitating dispute resolution, working closely with the City's Project Manager.
b. Prepare a project application for final payment based on the Contractor's certificate for final payment. The
Consultant's application for payment will constitute a
representation to the City, based on the Senior CM and
Lead Inspector's determinations of the final inspection, dispute resolution and acceptance of the work, that,
to the best of the Consultant's knowledge, information
and belief, the work has progressed to the point final
completion and the quality of the work is in accordance with the Contract Documents.
c. Filing of Notice of Completion will necessitate formal approval and acceptance of the Project as complete by
the City Council.

7.3 Projed Closeout Deliverables
a. Review all final Contractor closeout submittals.
b. Prepare, organize and provide all Project File workbooks in electronic format and one (1) hard copy including,
but not limited to: contract administration reports;
project correspondence; preconstruction meeting and
deliverables; requests for information and submittals;
permits; schedules; weekly statement of working days;
notices; progress and other meeting minutes; inspector
daily reports; progress payment applications; contract
change orders; field directives; material acceptance
testing reports; material delivery tickets; etc.
c. Secure and transmit electronically and two (2) hard copies to the City warranties and similar submittals required
by the Contract Documents, and ensure the Contractor
compiles manufacturer's operations and maintenance
(O&M) manuals, equipment data lists with make, model
and serial number, warranties, guarantees, etc.
d. Prepare, organize and provide all preconstruction,
construction and post construction photos and videos in electronic format.
e. The Butier Team will review the Contractor's final red line drawings for completeness and accuracy before
final payment is approved and drawings are given to the Design Engineer for incorporation into AutoCAD. The
Senior CM will submit the final red-line drawings (hard copies and electronic PDF copies) to the City and Design BUTIER Page 18 D. SCOPE OF WORK
26 of 28 23
May 16, 2023, Item #10
Engineer within 1 week of receipt from the Contractor to facilitate preparation of record drawings.
f. Assist the Conti-actor in obtaining the Certificate of Occupancy and closeout of all Building Division related permits, including accompanying City Building Inspectors on final inspections, preparing and submitting property documentation, coordinating final testing, and other
required activities.
g. Prepare final accounting and closeout reports. The
Senior CM will prepare a Close-Out Report including, at a minimum, a summary of the Project construction, key
issues, lessons learned, change summary, schedule
summary, as-built schedule and recommendations for
the management of future projects. The Senior CM will
include provisions to submit a draft and final Close-Out Report.
h. Perform a pre-warranty inspection walk through with
the City no later than eleven (11) months following the date of substantial completion of the Project and provide assistance throughout the Contract warranty period.
i. Coordinate the training of City maintenance personnel with the Contractor's suppliers for operation and
maintenance of the major systems.

RUTIER Page 19
27 of 28 24
City of Poway, Publlc Works Department
Construction Management and Inspection Services for
Clearwe/1 Replacement Project (Project No. WTR0027)
D. SCOPE OF WORK
May 16, 2023, Item #10
SECTION Jl .

Fee Schedule
ATTACHMENT 2
Construction Management and Inspection Services for the Clearwe ll Rep lacement Project (Project No. WTR0027) Butier Engineering, Inc. Comorstono
Claulflcatton / Hourty Rate by Firm
BASED ON 24 MONTH CONSTRUCTION SCHEDULE
Task 1 Pre-Con,tructlon Servlc.1

1.1 Review Contract Documents

1.2 Conduet Field Investigatio n

1.3 ReviewCMP/PhningPlan

1.4 Rev1ewPhasing

1.5 Revie'!'IConuactorBuehneSchedul e
1 .6 Develop Doe11menl Conlfol System

1.7 Methodsforso lving planconf liets

1.8 Melhod1forOi1puteRe1o l.ition

1.9Co,mf inateP1e·Ccin1\1uctior1 Mee11ng

1.10 Meeting Agenda for Pre-Comtruc tion Meeting

1.11 Develop P1oceduru lo, Prog1us Payments

1.12Methodsfo r Monitoring5af ety

1.13 A.U15t Contractor in Perm ittin~
Tatk 2 Construction Sen1cu

2.1 Mobilillli<ln

2.2 Projec1 Coordination&Coirespondence

2.3 Projec\ TeamCoord1na1ion

2.4 Cons\luctionScheduleManag ement

2.5 P1ogren Payment Recommendations

2.6RFl"s

2.7 Change0rders

2.8 Cons\ruction 0b1ervationServ1cu

2.9 Claims Management

2. 10 Safe1yP1ogr1m

2.11 UtilityCoordinati1m

2.12 Cn.yFurn;shedMa\erials

2.13 Tulin~andS!artUp
Subtotals by Task S
CM:J.Blum
100
,.
20 ,.
10 "'
220.00 I
19,320.00 $
,ao
1000
1'4
1"
,ao
«o
1'4
1'4
ao
QA/QC:B.an.
20 ,o
20 ,.
• ao ,o
120
99,440.00 $
"
1«
100
100
312<>
100
ao
ao
9,,00.00 $ 42,000.00 $
m
2'0
80 160
. s
Subtotals by Task s 682,000.00 S 715,260,00 S 71,280,00 S 110,880.00 $ 32,000.00 $ THk 4 Envlronment ■ l lmp■ et1 ■ nd Monltorlna;

4.1 BiologicalReso1,11cn

4.2 Naise Mnigation

4.3TratfieMit iJ!,alion
Tatk 5 Traffic M ■ n ■ a;em ■ nt Coordination
Subtotals by Task S
Subtotals by Task S
T■ 1k 6 Solla ■ nd M ■ terl ■ II T ■ 1tln&: & Survey

6.1 Ma1erialslaboratoryPer1onne !
62AcceptanceTen ing

6.31ndependentAs t ur1nceP1ogram
64 F111edTest51ndQu1lil'\IReview

6.SSurveyMonitorin g (Cofnefslone)
Tatk 7 Post Con ■ truetlon Sen1ce1

7.lPunchlistsandSub stantialCompletion

7.2 DisputeResolutionan.dFinalPaym ent
Subtotals by Task s

7.3 Project Closeout and Deliverables I
Subtotals by Task S
100
30,800.00 $
,o
17,600.00 $
ao
ao
ao
. .

I
52,&00.00 $
I
7,800.00 S
,o ,o
I
• $
• $
«10 I -40
• $
• $
• $
35,100.00 $ 6,600.00 $
• $
• $
• $
• $
HOURS BY CATEGORY 3966 4400 532 728 160
. s
. s
• $
Total Costs (HRS) by Category S 872,520.00 $ 858,000.00 S 87,780.00 $ 152,880.00 $ 32,000.00 Total Proposed Costs
NOTES
L Budget assumes a 24 month project duration from RFP

2. Budget auumos CDC'• ■ re captured In the rates unless called out In the colt matrix

3. Rates wlll remain Hxed through for the full pr~ec:t duration M ■ n-Hours Cott Cott. By Task
• $ 241,060.00 $ 241.,060.00 I
• $ 1,6U.420,00 S 1,611,420.00 S
• $ 38,600.00 S 38,600.00 S
. s 17,600.00 $ 17,600,00 S
22,830.00 $ 615,002.00 $ 615,002.00 $
94,500.00 S 94,500,00 S

4. With prior written approval rrom the City, Butlor and the City or Poway reserve the right to add or delete sub-<:onultants depending on potential change In project demands BUTll;R
28 of 28
25 TotalCo1b
241,060.00
1,6U.420,00
38,600.00
17,600.00
637,132.00
94,500.00
2,641,012.00
J1. FEE SCHEDULE
May 16, 2023, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 16, 2023
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f3I/'
Shadi Sarni, Principal Civil Engineer, Public Worksg':J (858) 668-4717 or [email protected]

CITY COUNCIL
Approval of the Second Amendment to the Agreement between the City of Poway and Infrastructure Engineering Corporation (IEC), for Engineering Services During the Bid and Construction Phases of the Clearwell Replacement Project (WTR0027)
To improve the reliability, redundancy and resiliency of the City of Poway's (City) potable water system, the City embarked on a significant capital improvement program referred to as the Water Infrastructure Improvement Program (Program). The Program includes bypassing the ten (10) million gallon storage reservoir (the Clearwell) at the Lester J. Berglund Water Treatment Plant to enable its replacement; replacing the Clearwell with two four-million-gallon prestressed concrete tanks; and establishing a new San Diego County Water Authority treated water connection including a flow control facility, a turnout structure, a pump station, a forebay and a redundant transmission pipeline providing redundancy to the existing single-transmission pipeline on Lake Poway Road.

The Clearwell Bypass Project, which was completed in September 2022, consists of above and below ground pipelines, a temporary pump station, a temporary pressure regulating station and two temporary, bolted-steel tanks . This infrastructure has enabled bypassing the existing Clearwell and has facilitated taking it offline for replacement. The bypass system was tested and has been successfully operating since November 2022. The Clearwell has been taken offline, which has enabled geotechnical testing of the soil underneath it.

The Clearwell Replacement Project will replace the aging reservoir with two four-million-gallon circular prestressed concrete tanks. The dual tanks provide redundancy and operational flexibility, allowing one tank to be taken offline for future maintenance and repairs while the other provides continuous, uninterrupted service. The prestressed concrete tanks also provide superior quality and a longer 1 of 52
May 16, 2023, Item #11
asset life. With this project, the overflow structure will also be brought to industry standards with proper air gaps, per the mutual agreement with the State Division of Drinking Water.

The design has been finalized and the project advertised for bids on May 11, 2023. The targeted construction start date is Summer 2023 and the targeted construction end date is Fall 2025. Once construction is completed and the clearwell is operational, the temporary bypass facilities will be removed and the softball field will be restored to its original condition.

Discussion:

On August 18, 2021, the City entered into an agreement with Infrastructure Engineering Corporation (IEC) to provide design services for the Clearwell Replacement Project for a not-to-exceed amount of $1,261,634.00. The scope of work is shown in Attachment A.

On October 17, 2022, the City agreed to amend the compensation and reimbursement provisions of the agreement from a not-to-exceed amount of $1,261,634.00 to a not-to-exceed amount of $1,309,972.00 in the first amendment to the agreement. The scope of work was also revised in accordance with Attachment B.

This second amendment to the agreement consists of engineering services to be provided by IEC during the bid and construction phases of the Clearwell Replacement Project for a not-to-exceed amount of $303,490.00. This second amendment increases the total not-to-exceed amount of the agreement from $1,309,972.00 to $1,613,462.00 and revises the scope of work in accordance with Attachment C. This amendment also extends the term of the agreement to February 28, 2024.

Recommended Action:

It is recommended the City Council approve the second amendment to the agreement with IEC for engineering services during the bid and construction phases of the Clearwell Replacement Project per the terms outlined in the agreement and authorize the City Manager to execute the necessary documents.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

None.

Attachments:

A. August 18, 2021; Consultant Agreement with IEC
B. October 17, 2022; First Amendment to the Agreement with IEC C. Second Amendment to the Agreement with IEC
Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
3 of 52
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chfp£p
City Manager
May 16, 2023, Item #11
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of August, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Infrastructure Engineering Corporation (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform professional engineering design services for the Clearwell Replacement Project (Project); WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; 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 CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services and Standard of Care.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Consultant.

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 of 52
1 ATTACHMENT A
May 16, 2023, Item #11

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 consult ing 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 affected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

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.

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.
2 5 of 52
May 16, 2023, Item #11

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. City acknowledges that such Documents are not intended or represented to be suitable for use unless completed by Consultant, or for reuse by City or others for any other use or purpose, without written verification or adaptation by Consultant. Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City's sole risk and without liability or legal exposure to Consultant or to its officers, directors, agents, employees, and consultants.

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.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
6 of 52
(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;

IZ! 1. Consultant 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 will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUConsultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as re~ uire --bylaw.
~
Eric Heieall n, Director of Public Works

10. No Assignments.

11. Maintenance of Records.

12. Independent Consultant.

At all times during the term of this Agreement, Consultant shall be an independent Consultant 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 .
4 7 of 52
May 16, 2023, Item #11

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 to the fullest extent permitted by law 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 to the fullest extent permitted by law 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 and attributable to Consultant's negligence. ( 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.
5 8 of 52
May 16, 2023, Item #11
(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.

Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
6 9 of 52
May 16, 2023, Item #11

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.

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.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City.

Consultant further provides that in the event Consultant 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, Consultant 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 Consultant 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)
8 11 of 52
May 16, 2023, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
Date: __ q.....L+-f _l'::}~ l-1-0"""'2-""""-l-1 __ \ \
ATTEST:

APPROVED AS TO FORM:

Alan Fenstermacher, City Attorney
12 of 52

INFRASTRUCTURE ENGINEERING

CORPORATION
sy: lok~ Y /vf~r
Robert Weber, President
Date: IJ-/6-202 /
/
9 May 16, 2023, Item #11

SPECIAL PROVISIONS
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the professional engineering design services further described in the Scope of Services, 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 .

8. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposal, which is included in this document as Attachment 2. Total fee is not to exceed $1,261,634.

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 be effective from the period commencing August 18, 2021, and ending February 28, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination ." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or 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 :
10 13 of 52
May 16, 2023, Item #11
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: $1,000,000 per person per occurrence, $2,000 ,000 aggregate per occurrence and $1,000,000 property damage per occurrence. (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 below 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:

All notices, billings and payments hereunder shall be in writing and sent to the following addresses :

To City:

To Consultant:
12 15 of 52
City of Poway
P.O. Box 789
Poway, CA 92074
Infrastructure Engineering Corporation
14271 Danielson Street
Poway, CA 92064
May 16, 2023, Item #11
ATTACHMENT 1

DETAILED SCOPE OF SERVICES
TASK 1 - PROJECT MANAGEMENT & MEETINGS

1. 1 KICK-OFF/PRE-DESIGN MEETING
The project kick-off meeting will be scheduled immediately after receipt of a notice-to-proceed and will be attended by our project manager and key team leaders including Peterson Structural Engineers and Ninyo & Moore. The kick-off meeting will be held to establish appropriate contacts, review IEC's plan and schedule for implementing the work, and discuss the key design parameters.

1.2 PROJECT MEETINGS
IEC will schedule and facilitate monthly meetings/workshops with the City throughout the project. These meetings/workshops will include IEC's project manager, design manager, and key team members. Specific meetings will consist of the following:

Project Refinement Workshop
50% Design Review
Operations Workshop
Constructability Workshop
90% Design Review
100% Design Review
For scope purposes, it is assumed that a total of 15 meetings will be conducted which will be held at the City's office. Where practical, the regular monthly meeting will be combined with the design review meeting or workshops.

1.3 PROJECT UPDATES
IEC will conduct weekly virtual project update meetings with the City. The updates will discuss project status, coordination efforts, action items, schedule, budget, and other items of concern. These update meetings will typically be attended by the project manager. Other team members may attend depending on specific topics to be discussed. For scope purposes, it is assumed that 52 update meetings will be conducted.

1.4 PROGRESS REPORTS
IEC will prepare monthly Summary Progress Reports which will be submitted with each monthly invoice. The report will include a status report by task and subtask breakdown, a brief description of work performed, cost status (original budget. current invoice, cost to date, remaining budget, percent budget, and percent of project completed to date), schedule update, potential issues, and pending action items.

1.5 PUBLIC MEETING
IEC will attend one (1) Town Hall public information meeting to assist the City with responding to potential questions. IEC will provide technical information to support the meeting consisting of a graphical visualization of the proposed project. It is assumed the formal presentation will be prepared by City staff.
l .6 Q UALITY ASSURANCE/QUA LITY CONTROL /QA/QC)
IEC will administer an effective quality assurance and quality control program (QA/QC) throughout the course of the project in accordance with our established policy. IEC will develop a Quality Assurance Plan which will outline how QA/QC reviews will take place during the course of the work. The Plan will also outline specific technical protocols, methods, and checklists for our staff to use in preparing work products. The QA/QC Plan will be submitted to the City within 30 days following a Notice-to-Proceed. All deliverables will be reviewed by an appropriate reviewer independent of the project design team prior to each design submittal.

1.7 MANAG EMENT
This task addresses the management responsibilities associated with project setup, proper scheduling, budget control, invoice preparation and coordination with the City and the IEC project team.

TASK l DELIVERABLES
Meeting Agendas & PowerPoint presentations (submitted 3 days prior meeting) 13 16 of 52
May 16, 2023, Item #11
Meeting minutes (submitted 5 days following meeting)
Monthly invoices with progress reports
QA/QC Plan
TASK 2 - DATA COLLECTION AND REVIEW

2.1 DATA CO LLECTIOI\J & REVIEW
IEC will gather and review the existing Preliminary Design Report (PDR), record drawings, maps, reports and other documents for the Clearwell, Water Treatment Plant, Operations Yard, and ballfield areas.

2.2 SITE RECONNAISSANCE
Perform a site reconnaissance of the project site with City staff to identify potential constraints and obtain input regarding City perspectives and preferences.

2.3 PROJECT REFINEMENT
Following our review of the existing documents and results of the kick-off/pre-design meeting, IEC will evaluate the project elements to develop the design criterion. The results will be documented in a Supplemental Preliminary Design Report (PDR) that will include the following:

Prestressed Concrete Tank Alternatives with emphasis on circular tank sizing and layout to maximize storage volume Tank Storage Volume Evaluation
Site Grading
Tank Backfilling
General Tank Design Criteria
Inlet/Outlet Piping and Valves including hydraulic calculation of flow from WTP through clearwells Underdrain and Perimeter Drain
Overflow piping
Tank Roof Evaluation of flat concrete and concrete dome options. Review aesthetic, cost, volume, and constructability issues Structural Tank Design Criteria
On-Site Storm Drain Piping and review of existing CCTV of 48-inch storm drain under the Clearwell and Clearwelll berm and future CCTV of 36-inch storm drain under the Clearwell and under the Clearwell berm (by City or by IEC is optional task below is executed)
Water Quality
Site Restoration
Ballfield restoration
Electrical, Instrumentation and SCADA modifications
Demolition, salvage and removal of Temporary Bypass System Regulatory compliance and permitting
Construction access, staging and material stockpile areas Site security
The PDR will include 11x17 concept-level figures where appropriate to describe the elements listed above.

TASK 2 DELIVERABLES
Draft Supplemental PDR (PDF)
Final Supplemental PDR (PDF)
17 of 52
14 May 16, 2023, Item #11
TASK 3 - FIELD INVESTIGATIONS

3.1 DESIGN SURVEY
O'Day Consultants, as a subconsultant to IEC, will provide surveying and mapping services consisting of the following:

Perform supplemental field surveys to pick up additional features around the Clearwell and ballfield and survey the pothole locations.

Mapping and easement plotting which includes obtaining title reports for APN 278-431-36 and APN 278-431-37.

The horizontal and vertical controls will utilize the same controls used for the Clearwell Bypass Project.

3.2 GEO TEC HNIC A L INV ESTIG ATIO N
Ninyo & Moore, as a subconsultant to IEC, will perform a geotechnical investigation which will be performed in two phases and consisting of the following:

Phase I (Existing Clearwell in Place)
Review existing geotechnical reports and other provided documents including readily available background information including topographic maps, geologic maps, fault maps, seismic hazard maps, flood hazard maps, and stereoscopic aerial photographs, and as-built plans.

Perform a geologic reconnaissance of the site and mark-out of the proposed boring locations. Underground Service Alert (USA) will be contacted for utility clearance, and a third-party utility locator will be used to clear the boring locations of utilities.

Obtain a boring permit from the San Diego County Department of Environmental Health (DEH).

Perform a subsurface exploration consisting of drilling, logging, and sampling four (4) exploratory borings using a limited access drill rig equipped with hollow-stem augers. These borings will be located adjacent to and just outside the existing Clearwell and will be advanced to depths up to approximately 40 feet below grade (or auger refusal). Borings will be backfilled with DEH approved materials. Excess soil cuttings generated from the borings will be spread onsite at locations approved by the City.

Perform geotechnical laboratory testing on representative soil samples obtained from the exploratory borings.

Perform two (2) Seismic Refraction Survey lines at the site to evaluate the approximate depth to bedrock and general rippability (excavatability) along the Clearwell perimeter. The seismic refraction survey lines are intended to be performed along the long sides of the Clearwell exterior.

Perform a surface geophysical survey including one (1) Refraction Microtremor (ReMi) survey (which consists of two perpendicular lines) to evaluate the change in subsurface shear-wave velocity with respect to depth for the purpose of developing a Site Class for seismic design. The ReMi survey lines are intended to be performed along a long side of the Clearwell perimeter.

Permit, install, and develop two groundwater monitoring wells in accordance with California Waterworks Standards. Perform analytical testing of one groundwater sample which is anticipated to include VOCs by EPA Method 8260, SVOCs by EPA Method 8270, TPH by EPA Method 8015, and Title 22 Metals by EPA Method 6010B and 7471A. Collect groundwater elevation data on a monthly basis for twelve months and report data to City. Two additional level checks will be performed at times determined in consultation with the City.

Prepare a geotechnical evaluation report providing the findings, conclusions and recommendations regarding the geotechnical aspects of the site as they pertain to the proposed site improvements.

Phase II (Existing Clearwell Drained and Out of Service) Perform a geologic reconnaissance of the site and mark-out of the proposed boring locations. USA will be contacted for utility clearance, and a third-party utility locator will be used to clear the boring locations of utilities.

Obtain a boring permit from the San Diego County Department of Environmental Health (DEH).

Core the asphalt plank and membrane surfaces of the Clearwell to provide access for the borings. Test a core sample of the asphalt plank for total petroleum hydrocarbons. Obtain a grab sample of soil below the asphalt planks and test for VOCs.

Perform a subsurface exploration consisting of drilling, logging, and sampling six (6) exploratory borings using a limited access drill rig equipped with hollow-stem augers, which will be lowered into the Clearwell basin using a crane. IEC will submit a proposed boring plan to the City which is envisioned to include two borings in the planned north basin area and four in the planned south basin area (to further explore the former "canyon" area). The borings will be advanced to depths of approximately 20 feet below grade (approximately Elevation 829 or auger refusal, whichever occurs first). Borings will be 15 18 of 52
May 16, 2023, Item #11
backfilled with DEH approved materials and excess soil cuttings generated from our borings will be spread onsite, outside of the Clearwell, at locations approved by the City.

Perform geotechnical laboratory testing on representative soil samples obtained from the additional exploratory borings.

Create a temporary groundwater monitoring well within one of the drilled borings inside the Clearwell for sampling of groundwater for analytical testing for the purpose of future discharging of dewatering from the construction (assuming that groundwater is encountered in the boring). Analytical testing of groundwater samples is anticipated to include VOCs by EPA Method 8260, SVOCs by EPA Method 8270, TPH by EPA Method 8015, and Title 22 Metals by EPA Method 60108 and 7471A.

The well will be backfilled following groundwater sampling.

Update the geotechnical evaluation report to incorporate the findings from Phase II. The updated report will provide findings, conclusions and recommendations regarding the geotechnical aspects of the site as they pertain to the proposed site improvements. The report will be signed by a California certified engineering geologist and registered geotechnical engineer.

3.3 POTHOLING
AirX Utility Surveyors, as a subconsultant to IEC, will provide potholing services and perform up to twelve (12) utility potholes. A pothole report will be prepared documenting the potholed utility depth from ground surface to the top and bottom (where possible) of the utility, material and diameter. The pothole location will be marked in the field and will be surveyed by O'Day Consultants to determine the coordinates of the pothole location. Aquaphalt will be used for pavement restoration.

3.4 HYDROLOGIC ANALYSIS
CValdo, as a subconsultant to IEC, will perform a hydrologic analysis of the watershed for the purpose of evaluating the on-site 48" diameter storm drain that will receive the stormwater and tank overflow. CValdo will perform the following:

Hydrologic Analysis - Delineate the tributary watershed to the downstream end of the existing 42" storm drain (that is downstream of the 48" pipe). The hydrologic calculations will be prepared according to the San Diego County Hydrology Manual dated June 2003. The calculations will be prepared utilizing the Advanced Engineering Software (AES) Rational Method module.

Hydraulic Analysis - Prepare hydraulic grade line calculations for the storm drain facilities. The analysis will evaluate the sizing required for the proposed storm drain system modifications and where facilities have been realigned.

Technical Memorandum - Prepare a technical memorandum summarizing the results of the analyses.

3.5 COMPUTATIONAL FLUID DYNAMICS MODELING (OPTIONAL)
Water Quality Solutions (WQS), as a subconsultant to IEC, will perform computational fluid dynamics (CFO) modeling of the proposed reservoirs. It is proposed that the AN SYS Fluent model be used to provide the necessary level of accuracy and detail. Aside from modeling the flow, the movement of a conservative tracer will also be evaluated to identify possible dead zones and short-circuiting. Short circuiting can be mitigated by various methods, including relocating the inlet or outlet, as well as increasing the inflow velocities or the use of mechanical mixing. WQS will perform the following:

CFD Modeling - In conjunction with the City, identify up to three configurations for evaluation. These may include modifying the inlet and outlet, or increasing the mixing using the various means. Model injection of conservative tracers to determine water age distribution and identify any short-circuiting or dead zones in the clearwell flow.

Reporting - Prepare technical memorandum summarizing the results of the modeling and analysis.

TASK 3 DELIVERABLES
Phase I and Phase II Geotechnical Reports (PDF)
Potholing Report (PDF)
Hydrology/Hydraulics Technical Memorandum (PDF)
CFO Modeling Technical Memorandum (PDF)
19 of 52
16 May 16, 2023, Item #11
TASK 4 - PERMITTING AND REGULATORY COMPLIANCE

4.1 PERMITTING SUPPORT
!EC will coordinate with the City and other agencies as applicable to identify the permits that are required and prepare the permit applications. Anticipated permits that may be required include the following:

City of Poway - Haul Route Permit and Grading Permit
!EC will meet once with the City's Development Services Department to discuss the project and prepare the Grading Permit application. It is assumed the Contractor will prepare the Haul Route Permit application as will be required per the specifications.

DOW - Amended Water Supply Permit
It is anticipated that DOW will participate in the design review process. !EC will coordinate and consult with DOW in concert with City staff in support of the City's application for a Water Supply Permit modification. !EC will participate in up to three (3) meetings with the City and DOW, prepare responses to all design submittal comments (50%, 90%, 100%), incorporate DOW requirements into the Contract Documents, assist the City with completion of application materials, and prepare a draft Operations Plan for City review. The draft Permit will be submitted with the 100% design submittal. Following receipt of City comments, !EC will prepare and submit to the City a draft final Water Supply Permit that will be finalized and submitted to DOW by the City.

State Water Resources Control Board (SWRCB)
CValdo will prepare a Storm Water Quality Management Plan (SWQMP) in accordance with the City's Best Management Practices Design Manual for permanent storm water treatment utilizing the City's SWQMP template. CValdo will meet with the City to determine if the project is a Priority Development Project and incorporate the necessary design requirements. A draft SWQMP will be submitted as part of the 90 % design submittal. Following receipt of City comments, a final SWQMP will be submitted.

IEC will include in the specifications a requirement for the Contractor to obtain stormwater and groundwater dewatering discharge permitting under a statewide General NPDES for Construction Stormwater Activities issued by the SWRCB. IEC will provide necessary documentation in the plans and specifications for the Contractor to prepare a storm water pollution prevention plan and to obtain coverage under the California Storm Water Multiple Application and Report Tracking System (SMARTS).

DOW - Pipe Separation Waiver
If required, !EC will prepare a pipeline separation waiver request and make submittal to City and DOW. If necessary to address any DOW comments, !EC will prepare and submit a final waiver request.

It is assumed all fees associated with the permits will be paid for by the City.

TASK 4 DELIVERABLES
Grading Permit Application (PDF)
Draft and Draft Final Operations Plan (PDF and Word)
Draft and Final Storm Water Quality Management Plan (PDF) TASK 5 - DESIGN
IEC will prepare contract documents consisting of plans and specifications for the construction of two 4.0 million gallon partially buried prestressed concrete tanks and appurtenant facilities, various pipeline improvements and valve replacement, demolition of the existing clearwell facility, removal of the temporary bypass system, and site and ballfield restoration.

5. 1 DESIGN PLANS
!EC will prepare engineering plans suitable for construction. The plans will be prepared in accordance with City and AWWA Standards, applicable codes, and DDW requirements. The plans will show existing property lines for the City property, public rights-of-way, easements on the City property, utilities, and construction access, work areas and staging areas. The plans will be prepared in AutoCAD and include civil, demolition, mechanical, structural, electrical, instrumentation, cathodic protection, and landscape architectural drawings.

For scope purposes, it is assumed that 94 drawings will be prepared in accordance with the preliminary list of drawings as provided at the end of this section.
17 20 of 52
May 16, 2023, Item #11
IEC will prepare 50%, 90% 100% and Final Design Plans. Design workshops will be conducted in accordance with Task 1.2. IEC will coordinate with the City to utilize Bluebeam to provide review comments for the design plans. The City's comments will be incorporated into the subsequent submittal or a written explanation of why the comments cannot be incorporated will be provided.

5.2 SPECIFICATIONS
IEC will prepare specifications that encompass a Bid Schedule, Special Provisions, and custom Technical Specifications. All Special Provisions and Technical Specifications will be in CSI format. The Technical Specifications will include Construction Sequence and Coordination requirements that must be followed by the contractor. IEC will receive and review the City's latest Front-End Contract Documents and provide comments to assist the City in coordinating these Documents with the Technical Specifications. IEC will assess and provide recommendations on how to deal with specialty prestressing subcontractor in the specifications with respect to qualification criteria or the potential to obtain a quote from them prior to bidding and include as fixed line item in bid schedule.

5.3 CONSTRUCTION IMPLEMENTATION SCHEDULE
IEC will prepare a construction implementation schedule identifying estimated construction tasks and duration and recommend any required phasing of construction for the completion of the project. The constnuction schedule will be provided with each design submittal.

5.4 ENGIN EER'S OPINION OF PROBABLE CONSTRUCTION COST (OPCC) CPM Construction, as a subconsultant to IEC, will prepare a detailed estimate for the cost of construction which will include a cost breakdown of the major components of the design. The cost estimate will be provided with each design submittal. Each estimate will include a contingency commensurate with the level of detail reflected in the corresponding design submittal.

TASK 5 DELIVERABLES
Design submittals will include the following:
50% Design - Digital submittal through Bluebeam and four (4) hard-copy sets of full-size plans (24" x 36"), draft specifications, constnuction schedule and OPCC. The plans will show the proposed pipeline improvements, proposed tank facilities, reservoir construction grading plan, reservoir final grading plan, and potholing required to complete the design. 90% Design - Digital submittal through Bluebeam and four (4) hard-copy sets of full-size plans, draft specifications, construction schedule and OPCC. Plans will be essentially complete.
100% Design - Digital submittal through Bluebeam and four (4) hard-copy sets of full-size plans, final draft specifications, construction schedule and OPCC. Plans will be complete and ready for bidding purposes.

Final Design - Original plans (mylars) and final specifications ready for City signatures; one electronic copy of plans and specifications (PDF); one hard-copy set and electronic (PDF) set of pertinent calculations and correspondence, and reports for the City files; and drawing files in native format (AutoCAD).

TASK 6 - BID PHASE SUPPORT

6.1 BID PHASE SERVICES
IEC will assist the City with bid phase support services which consists of the following:

Assist the City in conducting the pre-bid meeting and responding to questions from potential bidders Assist the City in preparing written responses to requests for information or clarification Prepare addenda to the contract documents to clarify and revise project requirements Assist the City in bid review and evaluation
Prepare conformed drawings and specifications based on the addenda issued

ASSUMPTIONS
The structural design is based on two identical circular prestressed concrete tanks and that a pile supported foundation will not be required.

The City will coordinate with DDW regarding acceptance/approval of the final total and operating tank volume.

CEQA compliance will be performed by the City.

The City will be responsible for draining the Clearwell so as to allow access for the Phase II geotechnical investigation. 18 21 of 52
May 16, 2023, Item #11
Except for the three valves being replaced in the existing Operations Yard vault, all waterline valves will be direct buried.

DRAWING LIST

SHEET ' DRAWING DESCRIPTION
NO. NO.
~-..... -... •,",•,. .•·,. f· ~ ,:-,. .. __ _. ) , ~ ..... ~ ;r:--• .. ... - . -' \ J .·.. .. ....... ·' '• ' -, ., -~ ~ ; ... !!t ~ ::y- 1.1·,, , •• ;, ._1,.:,.,;!k;;• • .. -· _: ·-:,; <"~ ... _··(General/C1v1IIMechanical ~ ,.._ ::- ..•• · .· _.-, .. .,.'.: ..... · i · :, ·., ':- · ,tt.!.tdl .. H . . •-: ·,. • ., ,~ ~ • .-: ~f'i;t, 'lf ! r .J•' •. •, ".. , t\'t .. ,l'.r.;.,,.:,; :::...-"l ... ~;' ~ .J ,'A' o •;•·•,,;_~ 1~ •.· t. ..•. , • /' .. , ,::: ·! ... ~! '\.!' :+ ··, .,_; ~ 1 G-1 Title Sheet
2 G-2 General Notes, Symbols and Abbreviations
3 G-3 Key Map and Staging Areas
4 G-4 Flow Diagram
5 G-5 Hydraulic Profile
6 C-1 Site Plan - Access
7 C-2 Site Plan
8 C-3 Horizontal Control Plan
9 C-4 Clearwell Demolition Plan I
10 C-5 Clearwell Demolition Plan II
11 C-6 Temporary Bypass Demolition Plan I
12 C-7 Temporary Bypass Demolition Plan II
13 C-8 Temporary Bypass Demolition Plan Ill
14 C-9 Demolition Details
15 C-10 Over Excavation Grading Plan
16 C-11 Site Grading and Paving Plan I
17 C-12 Site Grading and Paving Plan II
18 C-13 Paving Details
19 C-14 Retaining Wall Profile I
20 C-15 Retaining Wall Profile II
21 C-16 Retaining Wall Details
22 C-17 Tank Cross Sections
23 C-18 Tank Appurtenances
24 C-19 Tank Inlet, Drain and Overflow Piping (Plan & Profile) 25 C-20 24" SDCWA Inlet Pipe
26 C-21 Tank Leak Detection System Details
27 C-22 48" Storm Drain Realignment (Plan & Profile)
19 22 of 52
May 16, 2023, Item #11

SHEET DRAWING DESCRIPTION
NO. NO.
28 C-23 Tank Storm Drain Piping I (Plan & Profile)
29 C-24 Tank Storm Drain Piping II (Plan & Profile)
30 C-25 Tank Outlet Piping I (Plan & Profile)
31 C-26 Tank Outlet Piping II {Plan & Profile)
32 C-27 30" Interconnection Pipe (Plan and Profile)
33 C-28 Site Improvements at Bypass Pump Station
34 C-29 Conceptual BMP & Erosion Control Plan
35 C-30 Retention Basins I
36 C-31 Retention Basins II
37 C-32 Civil Detals I
38 C-33 Civil Details II
39 C-34 Civil Details Ill
40 M-1 Inlet Piping Plan & Sections
41 M-2 Outlet Piping Plan & Sections
42 M-3 Overtlow & Drain Sections
43 M-4 Valve Replacement in Vault
44 M-5 Valve Replacement Details
45 M-6 Chemical Injection Vault
46 M-7 Chemical Modifications
47 M-8 Chemical Piping
48 M-9 Miscellaneous Details I
49 M-10 Miscellaneous Details II
50 M-11 Miscellaneous Details Ill
$''J•• ••1y,e;;.•.,•-•••• ( • •~•-,•1,-<,t ..,•t •••••Ii•" ,l•: '1•,lf-("11-,l'llt.;.,,~" f\ .,• • • :.9;•1,,,1••.•1,-,,, ;1,, .. •• ,~i ,.,, I •• ••• .f• ··•,.·. ·'··· · ·.; •· .. , t'·· "' · ·· ·· ''Structural·., ·~· ; ·- · · · •r·· · · · · ···-· • · ·~ · •· j._,.~"~/•::.~•,.•t.,·,•~·f•....,l '.~.'~,.• ~ ... _.::,,:}>;/;•,~~_.,;.:,;;,.,:,:•.:, ~•: :l,-_',},d,J :~/,:f~·.:,~1_', · {. ~> •,:_ ... ., .... :.i. 0'tt•T•,', :,.•~ ,~ ... ;-..• ... ,,._ i 51 S-1 General Tank Structural Notes
52 S-2 Quality Assurance Plan
53 S-3 Tank Foundation Plan
54 S-4 Tank Roof Plan
55 S-5 Tank Section View (North Tank)
56 S-6 Tank Section View (South Tank)
20 23 of 52
May 16, 2023, Item #11

SHEET DRAWING DESCRIPTION
NO. NO.
57 S-7 Wall and Wall Footing Section (North Tank)
58 S-8 Wall and Wall Footing Section (South Tank)
59 S-9 Prestressed Wall Elevation (North Tank)
60 S-10 Prestressed Wall Elevation (South Tank)
61 S-11 Miscellaneous Details & Prestressing Notes (North Tank) 62 S-12 Miscellaneous Details & Prestressing Notes (South Tank) 63 S-13 Roof Slab Reinforcing Details (North Tank)
64 S-14 Roof Slab Reinforcing Details (South Tank)
65 S-15 Foundation and Pipe Penetration Details (North Tank) 66 S-16 Foundation and Pipe Penetration Details (South Tank) 67 S-17 Interior Ladder & Roof Hatch Details
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68 S-18 Exterior Stair Plan and Details (North Tank)
69 S-19 Exterior Stair Plan and Details (South Tank)
70 S-20 Exterior Stair Elevation & Guardrail Details (North Tank) 71 S-21 Exterior Stair Elevation & Guardrail Details (South Tank) ~l'f'\'-1• ...... ·._,,.,. ~-1, ....... ·•,1··,-,,,..:> _ _ .. ,.t_ .... .t_, .. ~· · ... , . ir.t - .•r-•. ·····- ... ·~ ... ,~-..... •J' ,C'• . ..... , ........ . .. .... -...., .. ,:-.1.;!,•t•tf\ ·-•1J ...... ... ~• .... c ... · t '•~-,·,· 1~ .... "!- ;.i') .. ,,El t• l&I t tf ......... '•., ··• . ,; ~ · · . ... .... .. _, .. , •··~--: .:.~-~., .. ,. •• , ,.~•,s1.·,.·•. ;,, 1•, , , ~· •· ecrica nsrumena1on, •q v .. ,~·-, ,· • -r: 1 --~~·!",·1• :•,:• .• 'Y~ •••.;r.;~: .. ,s. ci,, ~ ,; ...:. •"••• ... : ~:r .. ~~1::(..:~ !t' "\!~ 1 :,\ ;:• I ~ I' • 'I •11: ._.11,;.: t'-:'• )•• f~; ~:.: •'"• • 1 ,••.i ) ,. ; ~ 't ~-~ -:.., •._ I', ,;; • o l < :',tj :'.' ;,>•' '<... •,~ ' \~ t ,; .,;1 72 E-1 Symbols, Abbreviations
73 E-2 Site Electrical Demolition I
74 E-3 Site Electrical Demolition II
75 E-4 Electrical Site Plan
76 E-5 Electrical Site Plan
77 E-6 Electrical Site Plan
78 E-8 Enlarged Electrical Plans
79 E-9 Electrical Details
80 E-10 Electrical Details
81 E-11 Single Line Diagram
82 E-12 Control Diagram
. ---
83 E-13 Panel Schedules
84 E-14 Luminaire Schedule & Photometric Cales
85 E-15 T-24 Sheet
21 24 of 52
May 16, 2023, Item #11
87 CP-1 Cathodic Protection Details
88 CP-2 Cathodic Protection Details
',, ... .,. .. .,,.,., ..... , .. , ... • ;~•,~•\•:-,IL:.,••--=,,•,.,.-/f-11·••1 , .. •.,.•tr• •lt(•,!".--,.J", • .,;: ....... ,. •-;...~.:•,·- •,-. •,,,J•~"- ·•.,,-..; ,!• • • - ~.:~• l,, .. , - - ·•'',· • ~-\,:l•},-, J,,,., .... ,, •. ,, 'Landscape' · f· ...... ,:, ··-~, .,.,: •I··. 1· · ,, ·-·· · · 1 ' • ,i._\ I. '"\ ;_. ,> ,f 1 • ~ ... \,". •)" ', f ...... • ,. ,, f• 1. '• ' -, , "•• • \ -,.,f _., & ' , .. , a • • • c.... f • • t, ·l'•ri..l~.1r~ ~-" -~· ! ,.k:J.:.:t ... r::') ~:.t*:•• ~~ ..... :,.f._-t'.i." J-!.~-'1 ~ i~ ..... ~ ~• ... ..-,.. • ..,~•~ .. ,.. • -t-'~-, I;'---.:· J •~! .... ·i·t. lt. ~•.!•"' : · -.. . . .,.". t" .. • :_.Ji ~,.i \~~ - .• u : .? -,.·,i 89 L-1 Grading & Drainage Plan
90 L-2 Erosion Control Plan
91 L-3 Horizontal Control Plan
92 L-4 Materials Plan
93 L-5 Irrigation Plan
94 L-6 Planting Plan

TECHNICAL SPECIFICATIONS
DIVISION l - GENERAL REQUIREMENTS
01000 Summary of Work
01039 Coordination Meetings
01043 Coordination with Owner's Operations
01047 Connections to Existing Facilities
01060 Regulatory Requirements
01090 Reference Standards
01115 Construction Sequence
01150 Measurement and Payment
01170 Special Technical Provisions
01200 Measurement and Payment
01300 Submittals
01320 Progress Schedules
01370 Schedule of Values
01400 Quality Control
01420 References and Definitions
01500 Construction Facilities and Temporary Controls
01545 Protection of the Work and Property
01570 Traffic Regulations
01600 Shop Drawings, Product Data, and Samples
01650 Facility Start-up
01710 Clean-up
01730 Operation and Maintenance Data
01750 Spare Parts and Maintenance Materials
01765 Contract Close-Out
01780 Project Record Documents
01795 Warranties
25 of 52
22 May 16, 2023, Item #11
DIVISION 2 - SITE CONSTRUCTION
02050 Demolition and Removals
02080 Hazardous Materials Procedures
02100 Clearing, Grubbing and Stripping
02133 Stormwater Pollution Prevention
02140 Dewatering
02160 Excavation Support Systems
02200 Earthwork
02202 Trenching and Backfill
02250 Segmental Concrete Retaining Wall
02270 Erosion Control
0227 4 Geotexliles
02500 Asphalt Paving and Surfacing
02617 Reinforced Concrete Pipe
02630 Storm Drainage Manholes, Frames, and Covers
02660 Water Systems
02666 Water Pipeline Testing and Disinfection
02667 Testing and Disinfection of Hydraulic Structures
02720 Storm Drainage
02777 PVC Geomembrane Liner
02810 Landscape Irrigation System
02830 Retaining Walls
02831 Chain Link Fence and Gates
02911 Landscape Soil Preparation
02934 Planting
02935 Landscape Maintenance
02995 Relining Underground Piping
DIVISION 3 - CONCR ETE
03100 Concrete Formwork
03151 Expansion & Construction Joints
03152 Tank Wall Base and Top Joint
03153 Earthquake Cables
03200 Reinforcement Steel
03210 Reservoir Reinforcing Steel
03300 Cast In Place Concrete
03301 Cold Weather Concreting Procedures
03302 Hot Weather Concreting Procedures
03310 Structural Concrete
03320 Controlled Low Strength Material (CLSM)
03315 Grout
03462 Precast Concrete Vaults
03600 Specialty Grouting
03640 Crack Repair Epoxy Injection Grouting
03641 Epoxy Adhesive Injection of Concrete Members (PS Tanks) DIVISION 5 - METALS
05500 Metal Fabrications
DIVISION 9 - FINISHES
09900 Painting and Coating
· 09961 Fusion Bonded Epoxy Lining and Coating
DIVISION 10 - SPECIALTIES
10400 Sign age
26 of 52
23 May 16, 2023, Item #11
DIVISION 11 - EQUIPMENT
11410 Diaphragm-Type Metering Pumps
DIVISION 13 - SPECIAL CONSTRUCTION
13160 Prestressing Concrete Water Utility Storage Reservoir 13161 Prestressed Concrete Water Utility Storage Reservoir Accessories 13300 Instrumentation and Control
13330 Field Instrumentation
13340 Control Panel
13350 Programmable Control Systems & Communications
DIVISION 15 - MECHAN ICAL
15000 Piping Components
15010 Wet Taps and Temporary Piping Systems
15020 Pipe Supports
15050 General Piping Requirements
15057 Copper Pipe and Tube
15061 Steel Pipe, Cement Mortar Lined and Coated
15063 Fabricated Steel Pipe Specials
15075 Plastic Piping and Tubing
15100 Valves, General
15101 Butterfly Valves
15102 Gate Valves
15103 Altitude Valves
15132 Pressure Gauges
15144 Pressure Testing of Piping
15160 Storm Drainage Piping
15253 Steel Pipe for Minor Applications
DIVISION 16 - ELECTR ICAL
16010 Electrical Basic Requirements
16012 Seismic Bracing System
16060 Grounding
16080 Acceptance Testing
16120 Wire and Cable
16130 Raceways and Boxes
16135 Electrical Exterior Underground
16140 Wiring Devices
16195 Electrical Identification
DIVISION 17 - INSTRUMENTATION
17000 Instrumentation and Controls
17100 Control Panels
17150 Programmable Logic Controller
17200 Field Instruments
17330 Control Descriptions

OPTIONAL TASKS

1. Design of cast in place valve vaults for clearwell inlet/outlet/drain/overflow vaults. These vaults will be fully detailed by the engineering team versus precast vaults supplied by a precast concrete firm during construction. 24 27 of 52
May 16, 2023, Item #11

2. CCTV of the existing 36-inch diameter storm drain pipe adjacent to the proposed north clearwell basin that extends from the easterly inlet headwall approximately 400 ft to the Operations Yard area. 25 28 of 52
May 16, 2023, Item #11
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ATTACHMENT 2

FEE ESTIMATE
City of Poway
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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.
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May 16, 2023, Item #11
(e)
(1) 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.
(2) A retired person who accepts an appointment after receiving 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:
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(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 28 May 16, 2023, Item #11
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. (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 II 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 383), 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)(I) 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). 29 32 of 52
May 16, 2023, Item #11

WORKERS' COMPENSATION INSURANCE CERT/FICA TE
Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Signature
'j) Ytfc_,,{t'c__f /) 1/fC yV/ ru1r ·
Date
[3 - 20---202,1
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers , which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees ."
**TO BE SUBMITTED WITH EXECUTED CONTRACT* *
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May 16, 2023, Item #11

FIRST AMENDMENT TO STANDARD

AGREEMENT FOR SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT (the "FIRST AMENDMENT") is made and entered into effective this 17th day of October, 2022, by and between the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY") and INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation, (hereinafter referred to as "CONSUL TANT").

RECITALS

1. CITY and CONSUL TANT entered into that certain AGREEMENT FOR SERVICES, dated August 18, 2021, (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing design services for the Clearwell Replacement Project (the "PROJECT').

2. The AGREEMENT term is August 18, 2021, through February 28, 2023, and further provides, inter a!ia, that the AGREEMENT may be extended for two (2) additional one (1) year terms upon approval of the CITY's City Manager.

3. The CITY and CONSULTANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of $1,261,634, to a not-to-exceed amount of $1,309,972, and revise the Scope of Services in accordance with Attachment 3.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

SECTION 1. Section A of EXHIBIT "A" ("SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:
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A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services in Attachment 1, in addition to the additional services submitted in writing on September 23, 2022, which is included in this document as Attachment 3, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. 1 ATTACHMENT B
May 16, 2023, Item #11
SECTION 2. Section B of EXHIBIT "A" ("SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Estimate, which is included in this document as Attachment 3. Total fee is not to exceed $1,309,972. 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.

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.

SECTION 3. Except as otherwise amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT, and each and every attachment, extension, amendment, and exhibit thereto, shall remain in full force and effect. (Remainder of page intentionally left blank.)
2 35 of 52
May 16, 2023, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this FIRST AMENDMENT on the date first above written.

CITY OF POWAY
By ~
Ch~ , City Manager
ATTEST:

J.MtiLl J4wQ~
Carrie Gallagher, City Clerk U
APPROVED AS TO FORM:

Alan Fenstermacher, City Attorney
36 of 52
3 INFRASTRUCTURE ENGINEERING

CORPORATION
May 16, 2023, Item #11
ATTACHMENT 3
September 23, 2022
Ms. Shadi Sarni, PE
Principal Civil Engineer
City of Poway Public Works Department
14467 Lake Poway Rd
Poway, CA 92064
SUBJECT: POWAY CLEARWELL REPLACEMENT PROJECT

ADDITIONAL SERVICES AMENDMENT
Dear Shadi:

Infrastructure Engineering Corporation (IEC), an Ardurra Company, is working to complete the 100% design construction documents for the City of Poway's Clearwell Replacement Project (Project) in anticipation of the project being bid in Spring 2023. During the 100% design process, additional services have been proposed that were not included in the original scope of work. As such, we are submitting this request for a budget increase to account for these additional services.

The specific services where additional efforts are required are as follows:

SCOPE OF WORK
T/-1SK ·1

COORDINATION AND REDESIGN RELATED TO THE TREATED WATER CONNECTION PROJECT The third phase of the City's phased treatment plant upgrades involves a treated water supply for the proposed clearwell via a new connection to the San Diego County Water Authority's Treated Water Aqueduct and associated pump station and pipeline. This project is currently being designed by Black & Veatch. The projects are related because the treated water inlets to the proposed clearwells are being designed and constructed as part of the Clearwells Project. The following coordination and redesign are required to complete the Clearwells Project 100% design:
• Redesign of piping at location of future disinfection injection to put piping in a vault in order to keep pipe below the hydraulic grade line.
• Mechanical and structural design of disinfection vault. • Addition of static mixer to disinfection piping layout, as well as adding static mixer to the specifications. • Civil redesign to accommodate disinfection vault.
• Modification of inlet detail to include pipe riser to high water level (in order to increase system HGL). • Structural detailing of support for pipe riser.
• Regrading of area near existing storage building to accommodate the future "tank farm" for the sodium hypochlorite generation equipment.
• Design coordination and meetings.

The design effort described above affects the civil, mechanical, and structural disciplines requiring changes to at least 8 drawings as well as revisions to the specifications. 4 37 of 52
May 16, 2023, Item #11
TASK2

REVISIONS TO THE PHASE II GEOTECHNICAL INVESTIGATION SCOPE The revisions to the geotechnical scope are detailed in Attachment A.

The fee for these additional services is described in Attachment 8. A summary of fees by task is in the table below.

Task Fee
Task 1 TWC Coordination and Redesion $26,888
Task 2 Phase II Geotech Scope Revisions $21,450
Total $48,338
We appreciate your consideration of this request and look forward to working with you to bring this project to successful completion. Please advise if this prompts any questions.

Thank you for the opportunity to be of service to the City.

Sincerely,
/?~$~
Robert S. Weber, PE
Senior Project Manager
attachments: A- Proposal for Additional Services for Geotechnical Evaluation - Phase 2 8-Fee Table
5 38 of 52
May 16, 2023, Item #11
Geotcchnical & Environmental Sciences Consullilnls
September 9, 2022
Project No. 108978005
Mr. Rob Weber
Ardurra
14271 Danielson Street
Poway, California 92064

ATTACHMENT A
Subject: Proposal for Additional Services for Geotechnical Evaluation - Phase 2 Clearwell Replacement Project
City of Poway Public Works Department
Poway, California
Reference: Ninyo & Moore, 2022, Geotechnical Evaluation, Clearwell Replacement Project - Phase I, Poway, California, Project No. 108978005: dated April 22.

Dear Mr. Weber:

At your request, we are pleased to submit this proposal for a geotechnical evaluation for the Clearwell Replacement Project located at the City of Poway Public Works Department in Poway, California. Based on our review of the Request for Proposals (RFP) dated June 2021, we understand that the City of Poway plans to construct two 4-million-gallon tanks and associated facilities. The existing Clearwell reservoir will be demolished as part of the project and the new tanks will be built in its place.

Our evaluation is being performed in two phases. Phase I has already been performed and the results were presented in our report dated April 6, 2022. Phase II will occur after the Clearwell bypass construction is completed and the existing Clearwell is taken offline.

SCOPE OF SERVICES - P HASE II EXISTING CLEARWELL OFFLI NE Based on our understanding of the project, along with input provided by Ardurra and Kennedy Jenks , we propose the following scope of services :
• Performing a geologic reconnaissance of the site and mark-out of the proposed boring locations by professionals from our office. Underground Service Alert (USA) will be contacted for utility clearance, and a third-party utility locator will be used to clear the boring locations of utilities. • Obtaining a boring permit from the San Diego County Department of Environmental Health (DEH). • Coring/cutting of the asphalt and membrane surface to provide access for our borings . 5710 Ruffin Road I San Diego, California 921231 p. 858.576. -'@00 I www .ninyoandmoore .com 39 of 52
May 16, 2023, Item #11

ATTACHMENT A
• Performing a subsurface exploration consisting of drilling, logging, and sampling of eight exploratory borings using a limited access drill rig. Six borings will be performed using hollow-stem augers to depths of approximately 20 feet below grade (or auger refusal). Two borings will be performed using rock coring techniques to depths of approximately 40 feet below grade (or refusal). Bulk and in-place samples of the encountered soils will be collected and transported to our in-house geotechnical laboratory for testing . Borings will be backfilled with DEH approved materials and excess soil cuttings generated from our borings will be spread onsite, outside of the Clearwell.
• Performing geotechnical laboratory testing on representative soil samples obtained from the additional exploratory borings.
• Updating our geotechnical evaluation report to incorporate the findings from Phase II. The updated report will provide our findings, conclusions and recommendations regarding the geotechnical aspects of the site as they pertain to the proposed site improvements. The report will be signed by a California certified engineering geologist and registered geotechnical engineer.

As requested, we have provided the table below to indicate what was included in our original scope and what is proposed in this additional scope.

Original Phase II Scope of Work
• Site reconnaissance and mark out
• County DEH boring permit (6 borings)
• Coring of asphalt and membrane (6 locations)
• Drilling 6 hollow stem auger borings to 20 feet
(or refusal)
-Revised Phase II Scope of Work
• Site reconnaissance and mark out
• County DEH boring permit (6 borings)
• Coring of asphalt and membrane or
pavements (8 locations)
• Drilling 6 hollow stem auger borings to 20
feet (or refusal)
• No Rock Coring • Rock coring 2 borings to depths of 40 feet (or refusal) ·
• Geotechnical laboratory testing of sampled
soils (6 borings)
• Geotechnical laboratory testing of sampled
soils (8 borings)
• Data compilation, engineering analysis, and
report preparation
• Data compilation , engineering analysis, and
report preparation

ASSUMPTIONS
In preparing this proposal , we have made the following assumptions :
• The project is subject to prevailing wage requirements under determination year 2020-1 D. • Upon awarding of the project , the client will provide in writing the project DIR number. • Permission for site access to our personnel and vehicles will be granted . • Our field operations can be performed during regular work hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Access for the field equipment will be provided . • Traffic control procedures and permitting will not be needed for our subsurface exploration. • Excess soil cuttings from our borings will be spread out at the site. If excess soil needs to be disposed of off-site , there will be an additional fee.

Ninyo & Moore I City of Poway Public Works Department, Poway, Califo~ia ! 1089780051 September 9, 2022 40 of 52
2 May 16, 2023, Item #11

ATTACHMENT A
• Borings will be backfilled with DEH approved materials and finished at the surface with soil as the borings are proposed in unpaved areas.
• Trenching was not included in our proposal as trenching within the Clearwell is considered to be logistically difficult and would result in significant additional cost. In addition, we do not anticipate that trenching within the Clearwell would generate data that provides substantially corresponding value, when compared with the data generated from nearby exploratory borings planned within the Clearwell.

FEE
Fees for the additional services described above will be $24,500 . These fees are in addition to the previously authorized fees of $46,700 for the Phase 2 Geotechnical Evaluation (au~horized by Ardurra) . Additional services, beyond those described herein will be performed on a time-and-materials basis or on a lump sum basis, as appropriate.

If this proposal meets with your approval, please forward your contract documents, authorizing us to proceed . We appreciate the opportunity to submit this proposal and look forward to working with you on this project.

Respectfully submitted,
NINYO &!MOORE
Qd--
Christina Tretinjak, PG, CEG
Senior Project Geologist
~/~~
Gregory T. Farrand, PG, CEG
Principal Geologist
CAT/WRM/GTF/shs
William Morrison, GE
Principal Engineer
Attachments : Table 1 - Breakdown of Estimated Fee - Original Scope Table 2 - Breakdown of Estimated Fee - Revised Scope
Ninyo & Moore I City of Poway Public Works Department, Poway, CalifoSia 11089780051 September 9, 2022 41 of 52
3 May 16, 2023, Item #11

ATTACHMENT A
Table 1 - Breakdown of Estimated Fee - Original Scope
--- - - - .- ---- ------------. -----:---·-:---- ----- - -- -·- - Project Coordination and Background•Review . ·-. . . -· .. . . . ' . ..

Subtotal $ 3,036.00 . .

Permit Acquisition . . . · .

Subtotal $ 950.00
Site Reconnaissance and Markout for Utility Clearance
Subtotal $ 1,860.00
Subsurface Evaluation
(Assumes 6 borings up to approximately 20 feet deep)
Subtotal $ 26,884.00
Laboratory Analyses
Subtotal $ 3,695.00
Data Compilation and Analysis
Subtotal $ 5,472.00
Report Preparation
Subtotal $ 4,795.00
TOTAL ESTIMATED FEE $ 46,692.00
Ninyo & Moore I City of Poway Public Works Department , Pm•.9y, California I 108978005 I September 9, 2022 42 of 52
May 16, 2023, Item #11

ATTACHMENT A
Table 2 - Breakdown of Estimated Fee - Revised Scope
P~~tccjo1a1naii~g~-"-~1aa1:1cglaa~'cFRl~1~~:i~~-:ti,;~·-;,.;~}f~i!ifflj.\.0;~-,i'.< _:: .. · .:· ~-; . ~- ·: ~ iJ ".;,d.,..J,'---~.........-~~.1...-~-~....r-- ~-....C.~•~~-,~::!~ !l ... ~ ~ '!. 1· .... :~,~ ... ::,. ........ ---::,, .. , ~ l., .... ~, -~ !.'" .. ... ~.. •:t - Subtotal $ 5,380.00
Pen,nit Acqu!s .itl_on •. · · · , . · .

Subtotal $ 2,582.00
~ite Re~onnalssance and _Markout for utmw _Cl~arance . . ~ ' ' . ' ' Subtotal $ 3,720.00
Subsurface Evaluatior( tv-~-"'-•'"'v~•::'::•:~:·.-'.,T~.,~-~'.;:~::·:. ·,.· ·('": , ·_ : . . l {Assumes' if HSA-borings 20 feeh ieep and 2· r_~ck -~ores' 20 feet deep) ' : , ' · 1 Subtotal $39,122.00
Subtotal $ 5,470.00
Subtotal $ 5,106.00
Report Preparation"\ .. Draft/FinalfResponse to Comments . . ' . ~ ', . : . . . . ~ _..._, .., ,.~ ... -.I rl .. ,.__ ... '\,-_ .. .,_ :._:. ... · ·~. : -· .. • - • ', ...

Subtotal $ 9,786.00
TOTAL ESTIMATED FEE $71,166.00
Ninyo & Moore I City of Poway Public Works Department. Poway, California I Jffi978005 I September 9, 2022 43 of 52
May 16, 2023, Item #11

PROPOSED BORING AND ROCK CORE LOCATIONS

ATTACHMENT A
44 of 52
May 16, 2023, Item #11
Senior Proj,cl
U,nager
Tasl</
Subla$k T asl</Sub\a$k Oe,;aiplion
R. Weber
S270.00
Task I Protocl Management & MeeUngs
I.I Kiclc-olf/Pre-Oo~an Moolino

1.2 Pl""'" """tinas 112)

1.3 Project Updales (56)

1.4 Proaress Rennnc ,131

1.5 PubieMeeti,g

1.6 0/vQC

1.7 Manaaement
Task2 Data Collection & Review

2.1 Data Collection & Review

2.2 Site RecoMaissance I

2.3 Proiecl Rernemenl
Task3 Field lnvesUaaUon,

3.1 De$iQn Survov

3.2 Geolechnical ln.,,·esliaation
J.3 Pothofing

3.4 HvdrolooicAnalvsis
Task4 Permltllno & Rooutalory Compliance

4.1 Permiltina Suooon
TaskS Deslan

5.1 OesionPlans 2

5.2 Specirieations 1

5.3 Cons~uetion lmolomantalion Schedult

5.4 Cos! Opinion
Ta,k6 Bid Phase Suooort
6,1 Bid Phase Services
4 S!,080
45 of 52
ATTACHMENT B • FEE ESTIMATE
City of Poway
Clearwell Replacement Project
Amendment #1
IEC Personnel
Technklll Oe,ign Engineer/I Review Msn,ger
Subtask Sub1ask
Czaj<ow.kV Labor- Labor Cost Hours Egense/ P. M.Jlvey D. Payne Adsrruon
S240.00 S230.00 S155.00
so
so
so
so so
so
so
so
4 5 Sl,ll!O
so
so
so
so
so
so
4 32 64 102 SIB,780
1 4 8 14 S2,670
so
so
so
5 40 72 121
Sl,200 S9,200 Sll ,160 :><: 522,640
12 ""'
Geotechnklll
Direct Subcontml Total
Cosl Incl 5'/, MU Cost
Ninyo& Moote
,
so
so so
so so
so so
so so
so so
so so
so so
s2&,m
so so
S24,474 S25,698 S26,SSS
so so
so
so so
so so
so so
so so
so
so so
121,450
so SIB,780
so S2.670
so so
so so
so
so so
so S24,474 SlS,698 m.m
AMENDMENT#1 TOTAL FEE: $48,338
PREVIOUSLY AUTHORIZED FEE: $1,261,634
TOTAL NOT-TO-EXCEED FEE: $1,309,972
/v
/\RDURR/\
May 16, 2023, Item #11

SECOND AMENDMENT TO STANDARD

AGREEMENT FOR SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT (the "SECOND
AMENDMENT") is made and entered into effective this 1st day of March, 2023, by and between the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY") and INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation, (hereinafter referred to as "CONSUL TANT").

RECITALS

2. The AGREEMENT term is August 18, 2021, through February 28, 2023, and further provides, inter a/ia, that the AGREEMENT may be extended for two (2) additional one (1) year terms upon approval of the CITY's City Manager.

3. On October 17, 2022, CITY and CONSUL TANT agreed to amend the compensation and reimbursement provisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of $1,261,634, to a not-to-exceed amount of $1,309,972, and revise the Scope of Services in accordance with Attachment

3. 4. The CITY and CONSULTANT now agree to extend the term of the AGREEMENT for one (1) year beginning March 1, 2023, and terminating February 28, 2024.

5. The CITY and CONSULTANT now agree to amend the compensation and reimbursement provisions of the AGREEMENT and to increase the AGREEMENT amount from a not-to-exceed amount of $1,309,972, to a not-to-exceed amount of $1,613,462, and revise the Scope of Services in accordance with Attachment 4. 46 of 52

ATTACHMENT C
1 May 16, 2023, Item #11
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

SECTION 1. Section A of EXHIBIT "A" ("SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:

A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the construction support and project management services further described in the Scope of Services in Attachment 1 and 3, in addition to the additional services submitted in writing on March 8, 2023, which is included in this document as Attachment 4, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.

SECTION 2. Section B of EXHIBIT "A" ("SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows:

8. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Estimate, which is included in this document as Attachment 2, 3 and 4. Total fee is not-to-exceed $1,613,462. 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.

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.

SECTION 3. Section C of EXHIBIT "A" ("TERM OF AGREEMENT") of the AGREEMENT is hereby amended to read as follows:
47 of 52 2
May 16, 2023, Item #11
C. Term of Agreement.

This Agreement shall be effective from the period commencing August 18, 2021, and ending February 28, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled, "Termination." This Agreement may be extended for one (1) additional one-year term upon the approval in writing of the City Manager and of the Consultant. Upon expiration or 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.

SECTION 4. Except as otherwise amended by this SECOND AMENDMENT, all other terms and conditions of the AGREEMENT, and each and every attachment, extension, amendment, and exhibit thereto, shall remain in full force and effect. (Remainder of page intentionally left blank.)
48 of 52 3
May 16, 2023, Item #11
IN WITNESS WHEREOF, the parties hereto have duly executed this SECOND AMENDMENT on the date first above written.

CITY OF POWAY
By:------------
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk .

APPROVED AS TO FORM:

Alan Fenstermacher, City Attorney
49 of 52 4

INFRASTRUCTURE ENGINEERING

CORPORATION
By:------------
Robert Weber, President
May 16, 2023, Item #11
March 8, 2023
Ms. Shadi Sarni, PE
Principal Civil Engineer
ATTACHMENT 4
City of Poway Public Works Department
14467 Lake Poway Rd
Poway, CA 92064
Subject: Clearwell Replacement Project
Proposal for Construction Support Services
Dear Ms. Sarni:

Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to the City of Poway (City) to provide construction support services for the Clearwell Replacement Project. The proposed project consists of the construction of two, 4.0 MG prestressed concrete reservoirs, the demolition of the existing Clearwell and temporary bypass facilities, and the restoration of the softball field. The anticipated construction duration is 24 months. Our scope of services consists of the following:

SCOPE OF SERVICES
Task 1 - Construction Support Services

1.1 Pre-Construction Meeting: IEC will attend the pre-construction meeting and will be prepared to answer any design related questions. It is assumed the City will facilitate the meeting and prepare the agenda and meeting minutes.

1.2 Shop Drawing Review: IEC will review shop drawings submitted by the Contractor for compliance with the contract documents. Our scope of work is based on reviewing 100 submittals and 25 resubmittals. IEC will respond to shop drawings submittals within 7 working days of receipt. For critical submittals, efforts will be made to expedite the review. An amendment will be required should the number of submittals exceed 125.

1.3 Request for Information: IEC will review and respond to the Contractor's request for information (RFI). Our scope of work is based on reviewing 60 RFls and will respond to RFl's within 5 working days of receipt. An amendment will be required should the number of RFls exceed 60.

1.4 Design Clarifications: IEC will prepare design clarifications to the Contract Documents where required or requested by the City. Our scope if work is based on preparing up to 4 design clarifications.

1.5 Progress Meetings: IEC will attend construction progress meetings as requested by the City. Our scope is based on attending 12 progress meetings.

1.6 Site Visits: IEC will perform periodic site visits as requested by the City to answer job site questions.

Our scope is based on performing 4 site visits.

1.7 Structural Observation: Peterson Structural Engineers, as a subconsultant to IEC, will perform structural observations, as defined on Sheet S-101, to observe the structural systems for general conformance to the approved documents and consisting of the following site visits:
i!?ig,qf[~;?,ielson S11ee1. Powoy. Co lifornio 92064 T 858 .4 13.24 5.J F 858.4 13.24 1\ 0 www .iaco rporolion .com May 16, 2023, Item #11
Ms. Shadi Sarni, PE
City of Poway Public Works Department

Page 2 of 2 ends

• Wall Footing and Floor
• Wall Section
• Columns
• Vertical Post-Tensioning
• Roof
• Circumferential Prestressing
• Final observation

1.8 Record Drawings: IEC will prepare record drawings by incorporating "red-lined" changes, as documented and recorded by the Contractor and/or Construction Manager, on the original drawings.

IEC will submit draft record drawings within three weeks of receipt of the red-lines. The final record drawings will be provided one week after receipt of comments and will consist of the electronic files (PDF and AutoCAD).

Task 2 - Project Management

2.1 Project Management: This task addresses the management responsibilities associated with project setup, scheduling, budget control, invoice preparation, and coordination with the City, Construction Manager, and IEC project team throughout the anticipated 24-month construction duration.

2.2 Quality Assurance and Quality Control: IEC will perform an independent review of submittals including shop drawings. RFl's. clarifications, and record drawings.

BUDGET
IEC proposes to perform the services described above on a time and materials basis in the not-to-exceed amount of $303,490 in accordance with the enclosed fee proposal. Please note that our fee includes an annual labor rate escalation of 5%. We appreciate the opportunity to continue working with the City on this project.

Please feel free to contact me at (858) 842-6978 should you have any questions.

Sincerely,
Robert S. Weber
Principal-in-Charge
Enclosure: Fee Proposal
51 of 52 6
May 16, 2023, Item #11
IEC Personnel
Principe/ Technlcel Project Project
Review Meneger Engineer
Task/ T ask/Subtasl< Desaiption Subtasl<
R. Weber A Egense P.Mu/vey S. McAlee
$320.00 $280.00 $240.00 $200,00
Task 1 Constructlon SUDDOrt Services

1.1 Pro-Construction Meeting 2 4

1.2 Shoo Drawina Review 1100+25) 16 96 192

1.3 Request for lnfom,ation (60) 8 48 136

1.4 Des/an Claifications 14) 2 8 12

1.5 PrQ!Jess Meetings (12) 4 16 4

1.8 Site Visits 14) 4 16 16

1.7 Structural Observation 1 8 0

1.8 Record DrawinQs 2 8 16
Task2 ProJect Management

2.1 Proiect Manaaement 12 48

2.2 QA/QC 60
51 60 252 376
$16,320 S16,800 560,460 $75,200
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FEE ESTIMATE
Clearwell Replacement Project
Construction Support Services
Senior steff Admin Designer Engineer Subtask
Labor•
D. Payne L Russell Hour.
$190.00 $160.00 $120.00
2 8
64 368
28 220
24 4 so
24 36
4 13
60 86
32 92
60 84 102 32 957
$15,960 $16,320 $3,540 _,;;:,,,c;;;_
7 Subtask
Labor Cost
S1,920
S76,800
$45,760
$10,160
$5,920
$6,320
S2,880
S17,160
$19,200
S16,800
$204,920
strocturel Lsndscllp<! Electrical Corrosion
Subcontract Total
Incl 10¾ MU Cost
Verde PSE Design Rizza RFY
$267,490
so $1,920
$13,250 $2,680 $1,320 $1,720 $20,867 $97,667
$5,900 $2,900 $2,540 $2,060 $14,850 $60,610
$5,940 56,534 $16,694
$540 $440 $1,078 $6,998
$2,085 S960 $3,350 $11,670
$37,490 $41,239 $44,119
$2,684 $2,200 $2,540 $2,160 $10,652 $27,812
$36,000
so $19,200
so $16,800
~ ~ ~
565,264 $10,405 $8,000 $5,940 $98,570 $303,490
TOTAL NOT-TO-EXCEED FEE: $303,490
IEC
May 16, 2023, Item #11

Poway City CouncilMay 16, 2023

Poway City Council
May 16, 2023