October 17, 2023, Item #4
AG EN DA REPQR_T City of Poway
CITY COUNCIL
DATE: October 17, 2023
TO:
FROM:
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Alex Ubaldo, P.E., Principal Civil Engineer ~ CONTACT:
SUBJECT:
Summary:
(858) 668-4602 or [email protected] ~
Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003 This action will award a Consultant Agreement to Project Design Consultants (PDC) to provide an assessment of existing conditions and prepare preliminary level design for the Community Park Concrete Ribbon Drain project.
Recommended Action:
It is recommended the City Council:
1. Approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $139,665 for the Community Park Concrete Ribbon Drain project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents;
2. Approve the allocation of available fund balance from the Rattlesnake Creek Streambank Stabilization project (DR007) in the amount of $22,653.33 and authorize the transfer of such funds to the Community Park Concrete Ribbon Drain project; and
3. Appropriate additional funds in the amount of $42,011 ,67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project.
Discussion:
Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the low flow channel has deteriorated, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter.
On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP No. 24- 1 of 21
October 17, 2023, Item #4
003) to assess the existing condition and perform a feasibility study and preliminary design for a potential repair and/or enhancement project. The City received proposals from two consulting firms.
After evaluating and scoring the proposals, staff concluded PDC is the most qualified consultant for this project. PDC is familiar with this type of work and presented a team that has specific experience with creek rehabilitation, drainage assessment and repair.
The project scope includes evaluating the approximately 550 lineal feet of open earthen channel and concrete ribbon gutter and preparing a recommendation of remediation and repair options to prevent further erosion along the channel sides and bottom. The consultant will prepare a restoration plan that will also include potential options for improving habitat protection, water quality and restoration of the creek using non-structural design elements. The consultant will identify the level of environmental clearance and regulatory permit approvals required for the project and a cost benefit analysis of the repair and/or restoration actions. When the City elects to move forward with a construction project based on a selected preliminary design, staff will return to Council and request additional appropriation for Final Design and preparation of construction documents.
Environmental Review:
This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $139,665.00. There is $75,000.00 available in the Community Park Concrete Ribbon Drain project (DR008) currently. Approval of this item will require a transfer of $22,653.33 from the Rattlesnake Creek Streambank Stabilization project (DR007}, available unspent fund balance to the Community Park Concrete Ribbon Drain project (DR008) and an additional appropriation of $42,011.67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project.
Public Notification:
None.
Attachments:
A. Consultant Agreement
Reviewed/Approved By:
Assistant City Manager
2 of 21
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 17, 2023, Item #4
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
18 th
day
of
October,
2023
, by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
PROJECT
DESIGN
CONSULTANTS,
a
BOWMAN
COMPANY,
(hereinafter
referred
to
as
"Consultant").
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
prepare
an
engineering
study
and
assessment
for
the
Community
Park
Concrete
Ribbon
Drain
Assessment
Project
(Project); WHEREAS,
Consultant
is
a
civil
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
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.
3 of
21 1
ATTACHMENT
A
October 17, 2023, Item #4
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 21
2 October 17, 2023, Item #4
"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:
!Z1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 21
3 October 17, 2023, Item #4
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 21
4 October 17, 2023, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate
, abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17. Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority
,
expressed
or
implied
,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel to perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects
. City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
7 of
21 5
October 17, 2023, Item #4
Consultant's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses
.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder
.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding
.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
8 of
21 6
October 17, 2023, Item #4
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
reeeiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56
.
A
copy
of
Government
Code
section
7522
.56
is
attached
hereto
as
Exhibit
"B
."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
9 of
21 7
October 17, 2023, Item #4
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
ATTEST: Carrie
Gallagher
, CMC
, City
Clerk
APPROVED
AS
TO
FORM:
By:
___________
_
Alan
Fenstermacher,
City
Attorney
10 of
21 PROJECT
DESIGN
CONSULTANTS,
a
Bowman
Company
8 By
:------------Marina
Wurst,
PE
, Principal-In-Charge
October 17, 2023, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the engineering study and assessment services further described in the Scope of Services submitted with the proposals dated September 5, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 5, 2023, which are included in this document as Attachment 2. Total fee is not to exceed one hundred thirty-nine thousand six hundred sixty-five dollars ($139,665). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of October 18, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21
1 October 17, 2023, Item #4
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate
.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles
: $1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
_ limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance
.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions
:
(a)
Additional
Insured
.
(Not
required
for
Professional
Errors
and
Omissions
Liability Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
To
City:
To
Consultant:
12 of
21 2
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Project
Design
Consultants
701
B
Street,
Suite
800
San
Diego,
CA
92101
October 17, 2023, Item #4
Attachment
1 Scope
of
Work
When
the
project
is
awarded
and
our
team
is
authorized
to
proceed,
we
will
provide
a detailed
explanation
of
the
scope
of
services
for
this
project.
Identifying
goals
at
the
start
of
a project
is
a
necessary
component
to
the
project
's success
. We
will
maintain open
and
fluid
communication
throughout
the
length
of
the
project,
respecting
the
existing
site
conditions
of
Rattlesnake
Creek
and
the
population
currently
utilizing
the
space
.
1. PROJECT
MANAGEMENT
The
PDC
I Bowman
team
will
prepare
a project
management
plan
that
supports
ongoing
team
and
agency
coordination,
open
lines
of
communication,
regularly
scheduled
meetings,
quality
control/
assurance,
and
ongoing
tracking
of
key
project
issues
and
resolutions
. This
document
will
guide
external
and
internal
organization
and
distribution
of
critical
information
.
It
will
outline
the
project
schedule,
budget,
contractual
relationships,
contact
information
for
City
and
team
members,
team
responsibilities,
project
goals
and
expectation
s, flow
of
communication,
meeting
schedule,
public
outreach
schedule,
and
other
elements
critical
to
the
success
of
the
project.
This
schedule
will
be
subdivided
into
detailed
programs
for
individual
project
elements,
which
will
be
monitored
monthly
against
progress
.
Project
Coordination
+
Administration
Coordination.
The
PDC
I Bowman
team
will
maintain
close
coordination
with
City
staff
and
regulatory
agencies
throughout
the
entire project.
Marina
Wurst,
PE
will
serve
as
Principal-in-Charge
alongside
Senior
Project
Manager
, Chelisa
Pack,
and
serve
as
the
liaison
between
City
staff
and
the
consultant
team. Communication.
The
PDC
I Bowman
team
will
maintain
consistent
communication
with
City
staff
and
consultant
members
to
review
project
concepts
and
keep
the
project
on
schedule
and
within
budget.
Regular
communication
among
the
team,
stakeholders
, and
the
City will
be
facilitated
through
the
Project
Manager
.
Project
Meet
ings.
The
PDC
I Bowman
team
will
attend
the
"kick-off"
meeting
with
City
staff
subsequent
to
the
Notice
to
Proceed
. The
purpose
of
this
meeting
is
to
get
acquainted
with
participating
City
staff,
present
the
project,
delegate
responsibility,
and
outline
overall
goals
and
Bowman
I City
of
Poway
Community
Park
Drainage
I September
5,
2023
30 13
of
21 October 17, 2023, Item #4
desired project outcomes. This will include refining the project scope, action item list, and schedule to better define tasks, establish key milestones, and develop creative solutions to maintain the project schedule and budget.
The PDC I Bowman team will work with the City staff to schedule routine meetings that discuss the status of various work efforts, the project schedule, and any issues and opportunities that arise that require input and direction. Following these meetings, notes or action items will be documented and distributed to the team. To minimize costs, some meetings may be conducted via conference call or on line Zoom meetings.
2. PRELIMINARY RESEARCH/INVESTIGATION ASSESSMENT
The Consultant team will conduct field visits to inspect the existing conditions of the channel and Rattlesnake Creek. This investigation will refine the site's opportunities and constraints for the channel repair and the team will work collaboratively to provide concept designs. The Consultant team will review the as-built information provided from the City of Poway RFP and will coordinate with the City of Poway and other agencies for additional drawings and information needed including existing utility infrastructure.
A flown aerial imagery and topography will be prepared of the project area for existing contours and elevations.
Partial Boundary Survey: PDC will provide surveying services to prepare a partial land survey of the subject property as defined by NSPS. PDC will perform a field survey of the subject property using the legal description in the title report provided by the Client and as outlined above. The survey will be based on existing found property monuments, available evidence, research, record maps and deeds and will be sufficient to prepare future project design. This will not be a full and complete boundary survey but will be sufficient to plot the existing property line, easements of record and aerial topography.
Aerial Topographic Mapping and Imagery: PDC will prepare acquire new aerial imagery of the approximately 20-acre park site and will prepare aerial topographic mapping that will meet national mapping accuracies for a 1 "= 40' scale with a 1-foot contour interval. The mapping limits will include the land area of the project site and at least SO-feet of overlap into the adjoining properties and roads. The aerial mapping will be tied to the appropriate City of Poway horizontal and vertical datums. In additional, PDC will prepare a 0.25' digital color ortho of the same area. This is the design topography that will be utilized for preliminary engineering.
Encumbrance Title Review: review of a current City-provided title report. Any recorded easement encumbrances contained within the provided preliminary title report will be plotted. The survey will be based on the above-described requirements, a completion date of approximately 5-6 weeks, after written authorization to proceed, and delivery of a preliminary title report with referenced documents.
Additional topographic and survey data will be collected to support preparation of existing base/ master file. This base file task will include the creation of the electronic AutoCAD drawing file which incorporates the aerial topography and survey data. The base master file will also include existing utility information generated from the aerial topography, fields visits, existing FEMA floodplain linework for floodplains and floodways, and available City record research. This base file will be used to create the proposed repair and/or restoration concept plans.
Bowman I City of Poway Community Park Drainage I September 5, 2023 31 14 of 21
October 17, 2023, Item #4
A RECON biologist will conduct a field reconnaissance site visit to gather information on the existing condition of the subject reach of Rattlesnake Creek and assess the potential options for the restoration effort. Representative photographs will be taken of the erosional damaged areas for reference. A recent aerial photograph of the creek reach will be used to prepare a preliminary map of the creek location, damaged areas, and existing vegetation communities. This information will be used in the preparation of the project base maps.
RECON will gather information on current natural and man-made techniques for the restoration and stabilization of creek beds and banks. This research will be used to determine the best options available to meet the needs of the creek restoration project chosen.
Geocon's team will review published geologic reports, in-house geotechnical reports, published geologic maps, and other literature pertaining to the site and adjacent areas to aid in evaluating geologic hazards that may be present. They will be responsible for scheduling an Underground Service Alert (dig alert) for utility location. Geocon will perform up to 4 exploratory borings to depths up to 15 feet below existing grade, to observe site soil conditions and obtain samples for laboratory testing using a limited drill rig. They will then perform laboratory tests on selected soil samples to evaluate compaction characteristics, expansion index, and corrosivity characteristics of the prevailing soils encountered.
Deliverable: A comprehensive AutoCAD basefile of existing conditions and a Technical Memorandum of Assessment including site visit survey notes, evaluations, photographs, surveys, and other appropriate documentation. Additionally the consultant will provide an electronic AutoCAD file of the property parcel base map and topography information.
3. CONCEPT DESIGN & COST ESTIMATES
PDC I Bowman will review Rattlesnake Canyon Creek and summarize an estimate of flow rates for different return period storm events using published FEMA values to assist with the conceptual designs of the creek channel repair.
Chang Consultants will develop a preliminary HEC-RAS model to analyze the existing channel conditions through the Community Park. This preliminary model will use the existing survey elevations developed in Scope item #2 and the hydrology results to help determine the channel velocities which may have contributed to erosion of the existing channel.
This preliminary analysis will help inform and further develop which design alternatives to present in the Final Report Assessment.
Bowman I City of Poway Community Park Drainage I September 5, 2023 32 15 of 21
October 17, 2023, Item #4
This overall concept design process will incorporate the findings of the site visit, RECON's ecological and environmental permit findings, PDC J Bowman's channel grading options, and Chang Consultants' preliminary HEC-RAS analysis. The Consultant team will proceed to produce up to two (2) conceptual designs. Conceptual designs for potential repair and/or enhancement will target a goal to provide long term sediment management capabilities and prevent erosion, while also meeting other goals for improvement of the park area. The conceptual design may also incorporate water quality benefits and restoration of creek. The design alternatives could include, but not be limited to, riprap, reinforced turf mats, gab ion lined channels, and/or drop structures.
The two concept designs will include the proposed channel layout and floodplain boundaries, channel and floodplain cross-section dimensions for riffles and pools, longitudinal profile, and vegetation plan. The plan would also include proposed stormwater outfall treatments to improve water quality.
The Consultant team will prepare cost estimates for each proposed concept design including quantities and unit costs based on current Development Services Engineering Division Unit Price List and current market estimates.
4. ANTICIPATED ENVIRONMENTAL CLEARANCE & PERMITS
RECON will provide a description of the scope of regulatory approvals and permits that will be required to perform the creek restoration work for each concept alternative. Each alternative creek restoration concept will be reviewed to ensure that it meets the conditions necessary to comply with the applicable federal, state, and local laws, regulations, standards, and guidelines for work in potential jurisdictional waters.
5. PREPARATION OF DRAFT & FINAL REPORT ASSESSMENT.
Our draft Creek Assessment and proposal of conceptual repairs will document the feasibility study evaluating existing channel conditions, and consider options for channel restoration within the constraints of the watershed and surrounding land uses, and produce a final report of findings with conceptual design options. The proposed channel repair and/or restoration design parameters will be selected based on existing geomorphic conditions, reference channels, and hydraulic analysis ..
Geocon will prepare a geotechnical report in accordance with the 2022 California Building Code and presenting their findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements.
Bowman I City of Poway Community Park Drainage [ September 5, 2023 33 16 of 21
October 17, 2023, Item #4
Their report will include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including:
Excavation and Soil Characteristics;
Temporary Excavation Recommendations (if applicable);
Grading Recommendations;
Dewatering Recommendations (if applicable);
Storm Water Management Recommendations; and
Hardscape Design Recommendations.
PDC I Bowman will compile the information from the multi-disciplinary team into a comprehensive report. Our in house graphic rendering team will visually depict up to two (2) specific, measurable, and realistic outcomes with in-depth merits and demerits, as well as a concise executive summary giving clear expectations on feasible options.
Deliverable: Draft and Final Report, including Conceptual Channel Retrofit Plan Bowman I City of Poway Community Park Drainage I September 5, 2023 34 17 of 21
October 17, 2023, Item #4
.....
00 0
'"i,
N ..... ---- PROJECT DESIGN
I
701 1:1 S\lvVL s~•l v SO:l
CONSULTANTS
!:.lno ,r...,,C _. ~:1 0 1
fJ 1:)7J!,6 4Jl !fll
a Bowman company
G19Jl <I OJ~ll rh
Planni ng I land scn pe Architocturu Englnuarin g Sun,uy PERSONNEL HOURS • LABOR COSTS
CITY OF POWAY COMMUNITY PARK Senior Senior Landscape Senior Asst Senior I I Senior I I Admin./ I I TOTAL I OTHER CONCRETE RIBBON DRAIN Project Landscape Designer/ Planner Project Project Project Project RECON SurveyiMap 2-Man survey clerical/tech TOTAL LABOR DIRECT I TOTAL Graphics Engineer COST
ASSESSMENT Manager Architect Graphics Manager Manager Manager Technician crew edit HOURS COST COSTS 9/14/2023 Land. Arch. Civil Eno WO Eng Surveyor
$215 $145 S135 S125 S215 S185 S160 S215 s215 I S145 I S250 I $90 I I ($) I ($) I ($) [TASK 1 - Proiect Manaaement
1.1 Pro·ect Kick Off Meetina 2.0 2.0 2.0 2.0 2.0 10 S1 910
11.2 Oiscioline Coordination 2.0 2.0 4.0 8 S1 420
11.3 IProleet Manaaement 14.0 6,0 10,0 30 S6.120
L1,4 ICitv Meetinas {Assumes 6 Meetinas) 6.0 6,0 6.0 6.0 6,0 30 S5 730 TASK 1 TOTAL 10 0 0 10 22 12 6 0 18 0 0 0 78 $15180 soT S15180 TASK 2-Preliminary ResearcMnvestigation & Assesment
2.1 Existing utilities research (GIS) 2.0 4.0 6 S790
2.2 Existina utiUlies research 4.0 4 S640
2.3 Record Research 4.0 4.0 8 S1140
2.4 RECON-lnitial Bioloaical Research 25.0 25 S5.375 )>
2.5 Aerial ToooaraDhv (Drone) 8.0 62.0 70 S10.710 ....
2.6 Maooina 10.0 28.0 38 S6 210 ....
~ 2.7 GEOCON Initial Geotechnical lnvestioation 0 so S6 545 (') 2.8 ChanQ Consultants Initial (HEC-RAS & Report) 0 so S17.600
2.9 Chang Consultants Sediment Transport Anatysis• (Optional. see 0 so ::r below\ 3 2.10 Suoclemental Survev 8.0 8 S2,000 ct) 2.11 Site Visit 2.0 3,0 4.0 4.0 13 S2,04S ::I 2.12 Basefile Comoilation 2.0 8 .0 10 S1,6SO -
TASK2 TOTAL 0 4 0 11 0 6 20 18 25 90 8 0 182 S30 560 $24145 $54 705 N
TASK 3-Conceot Oes1on & Cost Estimates
3.1 Conceot Enoineerino - Two 2 Attemative Desions 10 20 100 130 S21 850
3.2 Concept Landscape - Two (2) Alternative Designs 8 12 16 40 76 $10,620
3.3 RECON 10 10 S2.150
3.4 GEOCON Desion Consultation 0 so S2 035
3.L J.T. Kreuer 0 so $3,540
TASK3 TOTAL 8 12 16 40 10 20 100 0 10 0 0 0 216 $34 620 $5,575 I $40,195 TASK 4 - AniiCi -ated Erlvironmental Clearance & Penn its
4.1 RECON 25 25 S5 375
TASK4TOTAL 0 0 0 0 0 0 0 0 25 0 0 0 25 $5 375 so $5,375 TASK 5 -Pre aration of Draft & Final Re art Assessment
5.1 Draft Re ort Pre aralion 8 32 20 30 90 S1S.S70
5.2 Final Report Preparation 4 12 12 20 48 S8,640
TASKS TOTAL 12 0 0 44 32 so 0 0 0 0 0 0 138 s24,210 ___ so_ _$1_4 .2f0 ,v,,-u .. ESTIMATEO PROJccf LABOR Z DIRECT COSTS .MtHQQtj ADDITTONAL OPTTON £CHANG~C_Q!jSULTANTS/ 30 I 16 I 16 I 105 I 64 I 81 I 126 I 18 I 78 I 90 I 8 I 0 I 639 I s109,945 I $29,720 I $139,665 October 17, 2023, Item #4
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
ReformActo/2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section. (c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year
, depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
19 of
21 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
1 October 17, 2023, Item #4
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:
20 of 21
(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.
2 October 17, 2023, Item #4
Cal
Gov
Code
§ 7522.56
(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
ajudgeship
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
Il
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)(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).
21 of
21 3