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cc 2025 AR 08/26 as-needed professional development review services award of contract

Vista City Council
August 26, 2025

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cc 2025 AR 08/26 as-needed professional development review services award of contract
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August 26, 2025
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Vista City Council
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ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C4
Prepared by:

Fred Tafaghodi, Senior Engineer
Sally Rowley, Management Analyst Meeting Date: August 26, 2025 Approved by:

Greg Mayer, Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJ
ECT: AS-NEEDED PROFESSIONAL DEVELOPMENT REVIEW SERVICES IN RELATION TO STORMWATER DRAINAGE AND WATER QUALITY IMPACTS – AWARD OF CONTRACTS RECO
MMENDATION:

1. Adopt City Council Resolution No. 2025- , approving a contract with Tory R. Walker Engineering, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts.

2. Adopt
City Council Resolution No. 2025- , approving a contract with REC Consultants, Inc. for as- needed professional development review services in relation to stormwater drainage and water quality impacts.

3. Adopt
City Council Resolution No. 2025- , approving a contract with NV5, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts.

CORRE
LATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRI
OR ACTION: On June 10, 2025, adopted City Council Resolution No. 2025-102, approving the Fiscal Years 2025/26 and 2026/27 Operating Budget (Vote: 5-0).

ST
ATEMENT ON THE SUBJECT: To comply with the rules and regulations set forth by the San Diego Regional Water Quality Control Board, the City is required to review and approve stormwater quality management plans (SWQMP) and hydrology and hydraulic studies as part of its review for all new development. These as-needed contracts will provide additional outside resources necessary to aid staff in the timely review of private development technical studies. The City anticipates the sustained need for these reviews on 40 to 45 private development projects each year.

On
May 19, 2025, the City issued a Request for Proposals (RFP) for as-needed professional development review services in relation to stormwater drainage and water quality impacts on the City’s procurement website and online procurement portal, OpenGov. The City received six responsive proposals on June 10, 2025, from the following firms:

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
08/26/2025
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x
MEETING DATE: August 26, 2025 PAGE 2
SUBJECT: AS-NEEDED PROFESSIONAL DEVELOPMENT REVIEW SERVICES IN RELATION TO STORMWATER DRAINAGE AND WATER QUALITY IMPACTS – AWARD OF

CONTRACTS
C ompany Name Location
C SG Consultants, Inc. Orange, CA
CValdo Corporation La Jolla, CA
HR Green Pacific, Inc. Corona, CA
Geosyntec Consultants San Diego, CA
NV5, Inc. San Diego, CA
REC Consultants, Inc. San Diego, CA
Tory R. Walker Engineering, Inc. Vista, CA
S
taff reviewed and ranked the proposals based upon pre-determined criteria identified in the RFP, including overall experience, understanding of objectives, and experience with similar projects. Staff then reviewed the proposed hourly rates of the top three candidates and determined them to be fair and equitable with respect to the expertise and geographic region. Based on evaluation of the proposals, City staff recommend the selection of Tory R. Walker Engineering, Inc., REC Consultants, Inc., and NV5, Inc. to provide as-needed professional development review services in relation to stormwater drainage and water quality impacts.

F
ISCAL IMPACT: Each contract will have a ceiling of $750,000 over a three-year term with the option to extend the contracts up to two additional years. Funding for these contracts will be covered on an as- needed basis from the Land Development Professional Services Account (No. 0010325.521000).

EXHIBITS:

1. C
ity Council Resolution No. 2025- , approving a contract with Tory R. Walker Engineering, Inc. for as- needed professional development review services in relation to stormwater drainage and water quality impacts

2. C
ity Council Resolution No. 2025- , approving a contract with REC Consultants, Inc. for as-needed pr
ofessional development review services in relation to stormwater drainage and water quality impacts

3. C
ity Council Resolution No. 2025- , approving a contract with NV5, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts

4. C
ontract with Tory R. Walker Engineering, Inc.

5. C
ontract with REC Consultants, Inc.

6. C
ontract with NV5, Inc.
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00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A CONTRACT WITH TORY R. WALKER ENGINEERING, INC. FOR AS-NEEDED PROFESSIONAL DEVELOPMENT

REVIEW SERVICES IN RELATION TO STORMWATER DRAINAGE AND

WATER QUALITY IMPACTS
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City desires to enter into a contract for as-needed professional development review services in relation to stormwater drainage and water quality impacts.

B. Pursuant to Section 03.08.060 of the Vista Municipal Code, a request for proposals (RFP) was issued May 19, 2025, seeking professional services proposals.

C. Six proposals were submitted in response to the RFP and were evaluated based upon the proposal evaluation criteria.

D. Staff recommends the selection of Tory R. Walker Engineering, Inc. as one of the three consultants to provide as-needed professional development review services in relation to stormwater drainage and water quality impacts pursuant to the contract on file with the City Clerk (“Contract”).

2. Action.

A. The contract between the City of Vista and Tory R. Walker Engineering, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 26, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250814103039
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
08/26/2025
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EXHIBIT 1
00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A CONTRACT WITH REC
CONSULTANTS, INC. FOR AS-NEEDED PROFESSIONAL DEVELOPMENT

REVIEW SERVICES IN RELATION TO STORMWATER DRAINAGE AND

WATER QUALITY IMPACTS
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City desires to enter into a contract for as-needed professional development review services in relation to stormwater drainage and water quality impacts.

B. Pursuant to Section 03.08.060 of the Vista Municipal Code, a request for proposals (RFP) was issued May 19, 2025, seeking professional services proposals.

C. Six proposals were submitted in response to the RFP and were evaluated based upon the proposal evaluation criteria.

D. Staff recommends the selection of REC Consultants, Inc. as one of the three consultants to provide as-needed professional development review services in relation to stormwater drainage and water quality impacts pursuant to the contract on file with the City Clerk (“Contract”).

2. Action.

A. The contract between the City of Vista and REC Consultants, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 26, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250814103224
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
08/26/2025
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EXHIBIT 2
00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A CONTRACT WITH NV5, INC. FOR AS-

NEEDED PROFESSIONAL DEVELOPMENT REVIEW SERVICES IN

RELATION TO STORMWATER DRAINAGE AND WATER QUALITY IMPACTS The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City desires to enter into a contract for as-needed professional development review services in relation to stormwater drainage and water quality impacts.

B. Pursuant to Section 03.08.060 of the Vista Municipal Code, a request for proposals (RFP) was issued May 19, 2025, seeking professional services proposals.

C. Six proposals were submitted in response to the RFP and were evaluated based upon the proposal evaluation criteria.

D. Staff recommends the selection of NV5, Inc. as one of the three consultants to provide as-needed professional development review services in relation to stormwater drainage and water quality impacts pursuant to the contract on file with the City Clerk (“Contract”).

2. Action.

A. The contract between the City of Vista and NV5, Inc. for as-needed professional development review services in relation to stormwater drainage and water quality impacts is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 26, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250814103450
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
08/26/2025
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EXHIBIT 3
Professional Services (Non-Construction) (RFP)(NPW) 1 of 9 TORY R. WALKER ENGINEERING, INC. [51960-2] 00051960 4

CONTRACT FOR PROFESSIONAL SERVICES

AS-NEEDED PROFESSIONAL DEVELOPMENT REVIEW SERVICES IN

RELATION TO STORMWATER DRAINAGE AND WATER QUALITY IMPACTS THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Fred Tafaghodi
Billing Contact: Fred Tafaghodi
The “Contractor”
TORY R. WALKER ENGINEERING, INC., a
California corporation
122 Civic Center Drive, Suite 206
Vista, CA 92084
Contact: Tory R. Walker

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “Required License” for the Services is: California Registered Civil Engineer.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated June 10, 2025 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $750,000.00

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 months from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to 08/26/2025
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EXHIBIT 4
Professional Services (Non-Construction) (RFP)(NPW) 2 of 9 TORY R. WALKER ENGINEERING, INC. [51960-2] 00051960 4
the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work, or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B. For contract option years, City may approve upon Contractor’s request an increase in the pricing in Exhibit B in the amount of the increase in the Consumer Price Index, San Diego Area for all Urban Customers (CIP-U) as published by the Bureau of Labor Statistics during the preceding year, or 3.0% whichever is less.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Vista Municipal Code Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E.

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

8.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

8.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.

9.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the 08/26/2025
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eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

10.0 CIVIL RIGHTS

10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also 08/26/2025
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Professional Services (Non-Construction) (RFP)(NPW) 5 of 9 TORY R. WALKER ENGINEERING, INC. [51960-2] 00051960 4
indemnify, defend, and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 08/26/2025
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14.0 FINANCIAL RECORDS

14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

16.0 CONFIDENTIALITY

16.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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Professional Services (Non-Construction) (RFP)(NPW) 7 of 9 TORY R. WALKER ENGINEERING, INC. [51960-2] 00051960 4

17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

19.0 DUTY OF INDEMNIFICATION

19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (“Duty of Indemnification”). Contractor’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.

19.2 The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

19.3 Contractor’s costs of defense shall not exceed Contractor’s proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
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20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding 08/26/2025
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Professional Services (Non-Construction) (RFP)(NPW) 9 of 9 TORY R. WALKER ENGINEERING, INC. [51960-2] 00051960 4
between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 9.]

27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Allegra Frost
20250711141048

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:

“Contractor”

TORY R. WALKER ENGINEERING, INC.,
a California coporation

By:

Name/Title

By:

Name/Title

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00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS
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REQUEST FOR PROPOSALS

AS-NEEDED PROFESSIONAL DEVELOPMENT

REVIEW SERVICES IN RELATION TO

STORMWATER DRAINAGE AND WATER

QUALITY IMPACTS

DATE OF ISSUANCE
May 19, 2025

DEADLINE FOR SUBMISSION
June 10, 2025
4:00 PM
([KLELW$
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REQUEST FOR PROPOSALS (RFP)

CITY OF VISTA

AS-NEEDED STORMWATER MANAGEMENT PLAN AND DRAINAGE REPORT REVIEW

SERVICES

I.INTRODUCTION & SCOPE OF WORK
The City of Vista Engineering Department, Land Development Section, is requesting proposals from civil engineering consulting firms to provide professional development review services for:

1. Hydrology and Hydraulic Studies

2. Storm Water Quality Management Plans

3. Conformance between submitted reports and plans, and the City Municipal Code

4. Conformance between submitted Stor mwater Quality Management Plans and the Regional Water Quality Control Board, and the City’s Best Management Plan Design Manual

5. As-needed Additional Professional Development Services

The services would be awarded under non-exclusive agreements and provided on an as-needed basis. The City intends to award up to three contracts to provide the services requested for a three-year term, with an optional extension for up to two years for a maximum term of five years from the date of the contract. The City anticipates that the services provided under each awarded contract shall not exceed $750,000 over the term of the agreement. The services will be conducted under a contract with the City of Vista, hereafter referred to as “the City”. The civil engineering consultant entity is hereafter referred to as “the Consultant”.

Qualified entities are invited to submit proposals pursuant to this RFP for consideration by the City.

Consultant, upon request by the City, shall review reports, technical calculations, plans and specifications for compliance with the most recently adopted federal, state and local codes and ordinances. When satisfied that the plans and reports comply with the applicable Land Development laws of the City and State, Consultant, shall approve reports and forward reports to the City for issuance of permit.

The Consultant’s reports review letter comments shall be specific, detailed, complete, and reference plan and reports sheet numbers and code sections where applicable. The Consultant’s reports review services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign such reports.

The selected Consultant shall provide pickup and delivery/return for all plans and reports requested to be reviewed. The first plan and report check turn around shall be no more than 15 08/26/2025
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business days from pickup and the second (and any subsequent) review(s) if needed shall be no more than 10 business days from pickup.

Plan and reports check services, may include, but are not limited to the following:

 Entitlement Review including Code Requirements and Conditions of Approval for city staff, Planning Commission and/or City Council approval
 Grading Plans including preliminary grading, mass grading, rough grading and precise grading plans
 Street Improvement Plans including street widening, rehabilitation and new street plans  Storm Drainage Plans
 Checklists for determination of project category
 Storm Water Quality Management Plans
 Hydrology and Hydraulic Calculations and Reports
 Erosion and Sediment Control Plans
 Geotechnical report review
 Landscape Plans

Consultant technical report checker tasks include, but are not limited to, the following:
 To check for design conformance to:
- The approved Tentative Map including Landscape Plan
- City of Vista General Plan and City Ordinances
- City of Vista Municipal Code and Standards
- Other Agency Requirements such as Vista Irrigation District (VID), San Diego County Water Authority (SDCWA), State Water Resources Control Board (SWRCB) and CalTrans
- Conditions of Approval
- City of Vista BMP Design Manual
- Americans with Disabilities Act (ADA) Standards

 To review technical reports for sound engineering practices  To check general mathematics and design criteria
 To call for redesign of any portion of plans that:
- Will not function due to poor design
- Will be potentially unsafe to the public
- Is in violation of any applicable law, code, ordinance or standard - Does not meet the industry standard of care
- Is impractical to construct

II.CONTENT OF PROPOSAL
In order to maintain uniformity with all proposals furnished by consultants, proposals shall be limited to a maximum of 12 single-sided 8.5” x 11” pages, (excluding front and back covers, section dividers and resumes) and must include the following:

1. COVER LETTER. Consultants shall submit a cover letter that is clear, concise, complete, and that also demonstrates the qualifications and experience of consultant applicable to this project.

2. A description of the PROFESSIONAL PLAN and REPORT CHECK SERVICES LEAD INDIVIDUAL and TEAM with an ORGANIZATION CHART identifying those who will perform the technical report check services and a brief resume of each team member, 08/26/2025
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including similar type work in which they have been directly involved. Identify the Designated Lead Individual and the additional technical report checkers along with other important staff members proposed to provide said services. The Designated Lead Individual assigned to provide the services must be a California Registered Civil Engineer.

The individual should possess a four-year civil engineering degree and have 6 years of experience in plan and technical report checking, preferably in the municipal sector, and be well versed in the development plan and technical report check process. If the specific lead individual does not have 6 years of experience in plan checking, the individual may include the years of relative experience as part of the attachment. The Designated Lead Individual will be the primary contact person to represent your firm. Sub-consultants, if any, shall be identified with the same requirements as for the prime consultant. The Consultant shall submit detailed resumes for team members as an attachment (not a part of the 12 pages).

3. An abbreviated list of REFERENCES for the professional technical report check services your firm has provided to government agencies within the last 5 years. The list should include the type of services provided, the agency’s name and the name of a contact person with the contact person’s agency telephone number.

4. A statement regarding the Consultant’s concurrence with the City’s Standard PROFESSIONAL SERVICES AGREEMENT a nd INSURANCE REQUIREMENTS. The Consultant shall include a detailed description of all clauses and phrases that it deems unacceptable, and a detailed description of what changes would be requested if the City opened negotiations with the Consultant.

5. The consultant shall submit as an attachment (not a part of the 12 pages), examples of the firm’s work product for typical plan and report check services.

6. EXCEPTIONS TO RFP- The consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.

7. FEE SCHEDULE (separate electronic file uploaded to the City’s Electronic Bidding System, excluded from page count limit)
a. Fee Schedule - Include fee schedule of professional staff, services, and tests as applicable. Service costs are to be provided on a per hourly basis, of the plan and technical report check fees charged. The proposed rates shall clearly correlate with names and classifications of staff likely to be involved with the projects. In addition, service charge as a percentage of the plan and report check fees collected. A different percentage should be provided for a complete all disciplines review and for a single discipline review. b. Billing - The City requires that all billing for work done by the end of the billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed, review time and cycle. Final billing will be approved for payment only after a completed status report has been approved by the City.
c. Overtime Pay - List procedures used for applying overtime rate for non-exempt employees. Indicate the normal hours of work and overtime rate for non-exempt 08/26/2025
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employees.

III.ADDITIONAL SERVICES REQUIREMENTS
The selected Consultant must comply with all applicable federal and state and local regulations, and contract provisions.

Consultant shall carry out the instructions received from the City and shall cooperate with the City and other involved agencies.

The Consultant has total responsibility for the accuracy and completeness of the plan and technical report check services and shall check all such materials accordingly. The documents will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City do NOT include detailed review or checking for accuracy. The responsibility for accuracy and completeness of such items remains solely that of consultant.

The plan and technical report check services impacts documents and technical calculations, and therefore any other documents furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.

IV.CITY RESPONSIBILITIES
The following is a list of the City’s responsibilities during the term of the agreement:

1. Provide all plans, reports and technical calculations submitted for technical report check services to the Consultant in paper or digital files.

2. Prepare and process payment requests submitted to the City.

3. Distribute public information to consultant.

V.COORDINATION
Coordination with the City, other consultants, applicants, designers and engineers along with other involved agencies may be required to achieve timely delivery of technical report check services.

The City will decide the manner in which the coordination of individual matters is undertaken. At the City’s option, coordination efforts may be performed by the Consultant’s direct contact, by the Consultant acting through the City or by the City only. When coordination efforts require agreement, such an agreement shall be coordinated through the City.

VI.PROJECT ESTABLISHMENT AND PROGRESS
The contract shall begin upon approval and execution by the City, and the Consultant shall commence building plan check review services after notification to proceed by the City.

The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City.

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The City’s schedule for this project is as follows:

City Releases RFP May 19, 2025
Deadline for Questions June 3, 2025
Proposals Due June 10, 2025, at 4:00 PM
All dates are subject to change via addenda.

VII.PROPOSAL SUBMISSION
To receive addenda and submit a proposal, Consultants shall register on the City’s Electronic Bidding System at https://procurement.opengov.com/portal/cityofvista. Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If a consultant is unable to register or download the RFP from the City’s Electronic Bidding System, a Consultant representative may contact Electronic Bidding System to troubleshoot the problem.

All proposal documents and supplementary documents must be uploaded using Electronic Bidding System prior to event date and time as instructed in this solicitation. The proposal shall be signed by the individual or, if a company, the company official with the power to bind the company in contracts. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from Electronic Bidding System.

Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum that will be provided through Electronic Bidding System to those listed on the Electronic Prospective Bidders’ List by via email.

To be considered, a proposal must be completely responsive to this RFP.

The City reserves the right to extend the date by which proposals are due.

VIII.CRITERIA FOR SELECTION
The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. An evaluation committee appointed by the Engineering Department will review the proposals. When evaluating the proposals, the City will take the following items into consideration:

1. Experience and reputation of the Consultant ’s firm and of sub-consultant firms, as evidenced by experience working with proposed sub-consultants as a team and by City’s verification of proposal information and references. (20%)

2. Experience and credentials of key personnel assigned to the technical report check services, as evidenced by their education, technical background, and experience on similar services contracts. (20%)

3. Consultant’s understanding of technical report check services, objectives and requirements as evidenced in the written Scope of Work and Work Plan narratives. (15%)

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4. Consultant’s quality of work as evidenced by example work products and samples and by reference checks. (10%)

5. Consultant’s past record of performance on similar technical report check services contracts for other agencies related to control of costs and adherence to schedules, as evidenced by reference checks. (10%)

6. Consultant’s familiarity with City requirements, specifications, and procedures, as evidenced by City’s prior experience with the Consultant. (20%)

7. Willingness of Consultant to sign City’s Standard Professional Services Agreement and provide required insurance. (5%)

Fee Schedule and Consultant Selection. The fee schedule of the top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The City may interview a short list of top ranked qualified consultants or proceed directly to negotiating the final fee schedule with the top ranked consultant. The ultimate consultant selection will be based upon both technical merit and value to the City.

IX.ESTABLISHMENT OF FEES
The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A Work Plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Consultant's defined scope of work for the project proposal.

This information will be used by City's staff to evaluate the reasonableness of the fee proposal and will be used in negotiating the final fee amounts for the Supplemental Contract Agreements.

There will be no compensation to Consultant for hours spent due to Consultant's errors and omissions.

The Consultant's Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark-up rate for any non-labor expenses and sub-consultants. During the term of the Agreement there will be no increases to the fee schedule.

X.METHOD OF PAYMENT
The selected Consultant shall submit monthly invoices to the City. The invoice shall include a detailed breakdown of the services, the tasks, the hours, and hourly rates in accordance with Consultant’s Fee Schedule.

XI.PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for your review, as Exhibit “A”. The RFP and the Consultant’s proposal will be attached and become part of the agreement as exhibit 08/26/2025
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The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer.

Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista, its officers and employees as insured or additional insured.

For each individual project a Supplemental Agreement will be established that has a project specific scope of work and costs in accordance with the agreement’s fee schedule.

XII.DISCLOSURE
All proposals become the property of the City of Vista unless return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following.

These requirements include an exemption for “trade se crets”. If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

XIII.LATE, MODIFIED OR WITHDRAWN PROPOSAL
All proposal documents and supplementary documents must be uploaded to the City’s Electronic Bidding System, prior to event date and time as described in this RFP. Once file(s) have been uploaded and the Submission Status shows as "Submitted" the submission is complete.

Proposals received via mail, e-mail, and fax will not be accepted.

Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.

Proposals may be withdrawn at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter.

XIV.ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Principal Engineer) and an alternate, who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the notice-to- proceed through the end of the contract’s term. If the Consultant’s primary representative should be unable to continue during the contract’s term, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or subconsultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subconsultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Principal Engineer leaves the Consulting firm.

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XV.RIGHT TO REJECT OR NEGOTIATE PROPOSAL
The City reserves the right to delay the project or reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.

XVI.QUESTIONS ON THIS RFP
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through the City’s Electronic Bidding System .

Questions must be submitted prior to the deadline specified in the RFP Schedule, above.

Attachment(s): A- Sample Professional Services Agreement

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EXHIBIT “A”

City of Vista
Professional Services Agreement

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CONTRACT FOR PROFESSIONAL SERVICES

TYPE OF SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084

Working Contact: workingname
Billing Contact: billingname
The “Contractor”

NAMEX, statusx
Address1
Address2

Contact: contactname

2.0 BASIC TERMS

2.1 The “ Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “ Required License” for the Services is: type.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “ Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.6 The “ Contract Ceiling Price” is: pricex

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for xx calendar months (“ Term”) from the Contract Date. The Term may be extended at the City’s option for an additional yy months, in increments of City’s choice, for a maximum Term of zz months from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
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4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work, or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B. For contract option years, City may approve upon Contractor’s request for an increase in the pricing in Exhibit B in the amount of the increase in the Consumer Price Index, San Diego Area for all Urban Customers (CIP-U) as published by the Bureau of Labor Statistics during the preceding year, or 3.0% whichever is less.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Vista Municipal Code Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

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6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E.

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

8.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

8.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.

9.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

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9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

10.0 CIVIL RIGHTS

10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend, and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, 08/26/2025
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including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 08/26/2025
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14.0 FINANCIAL RECORDS

14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

16.0 CONFIDENTIALITY

16.1 Contractor shall treat all information obt ained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

19.0 DUTY OF INDEMNIFICATION

19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (“Duty of Indemnification”). Contractor’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.

19.2 The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

19.3 Contractor’s costs of defense shall not exceed Contractor’s proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
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20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding 08/26/2025
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Professional Services (Non-Construction) (RFP)(NPW) 9 of 9 NAMEX [51960-2] 00051960 4
between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Continued on page 9.]

27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:

JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVE
D AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANA
GEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER
By:
“Contractor”
NAMEX
, statusx
By:

Name/Title
By:

Name/Title
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00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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00051960 4 Exhibit B

EXHIBIT
B
CONTRACTOR’S PROPOSAL
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00051960 4 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 08/26/2025
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00051960 4 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 08/26/2025
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00051960 4 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 08/26/2025
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00051960 4 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] NOT

APPLICABLE TO THIS CONTRACT
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00051960 4 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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00051960 4 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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AS-NEEDED PROFESSIONAL

DEVELOPMENT REVIEW SERVICES IN

RELATION TO STORMWATER DRAINAGE

AND WATER QUALITY IMPACTS
Fred Tafaghodi, PE, Senior Civil Engineer
City of Vista - Land Development
200 Civic Center Drive
Vista, CA 92084
(760) 726-1340

S U B M I T T E D T O

CITY OF VISTA
J U N E 1 0 , 2 0 2 5

P R E P A R E D B Y
Tory R. Walker Engineering, Inc.
122 Civic Center Drive
Suite 206
Vista, CA 92084
(760) 414-9212

P R O P O S A L F O R
&YIJCJU#
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June 10, 2025
Fred Tafaghodi, PE, Senior Civil Engineer
City of Vista - Land Development
200 Civic Center Drive
Vista, CA 92084
RE: Proposal for the City of Vista, As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Dear Mr. Tafaghodi,
Tory R. Walker Engineering, Inc. (TRWE) is pleased to submit this proposal to the City of Vista (City), for Professional Development Review Services. We trust this proposal will demonstrate our team’s qualifications to provide high-level, professional review services to the City. Our core values of stewardship, trust and excellence are foundational to everything we do, from how we interact with our clients and partners to how we approach and manage our projects. The following are key aspects of successfully performing the services outlined in this RFP.

Client’s Needs | We recognize that the City desires accurate, on-time, on-budget reviews with direct access to a responsive Project Manager. Our familiarity with the City's requirements, specifications and procedures, and our breadth and depth of experience across several North County cities over the past 25 years, has helped us discern not only what is needed for compliance, but also what is important to the City and to future property owners and managers.

Project Team | Although experience and qualifications are important factors, the success of our review services is almost always attributed to the quality of the project team. Our team not only includes local, highly experienced, well-qualified, and dedicated professionals, but also individuals who work hard to foster positive and trusted relationships with each and every entity we do business with, and who believe that success is not created by one person but by a team that comes together as one. We embrace the privilege to represent the City as part of the Land Development team, and we will continue to be prepared to interface directly with project stakeholders to streamline the review process until permit issuance.

Cost and Schedule Control | When balancing multiple time and budget-sensitive reviews, meeting deadlines and keeping a close watch on schedules is especially important. At our weekly project coordination meetings we closely track each active review with respect to upcoming delivery dates and resources needed, and assess each project's unique features and requirements. We are committed to meeting all City deadlines and will remain prepared to provide expedited reviews upon request.

Quality Assurance | Each deliverable follows an internal review process consisting of editorial analysis and peer review, when appropriate. Not only are all final work products reviewed by another Project Manager to assure compliance with the scope and client’s expectations, the primary Project Manager is involved throughout the duration of each project.

Client Satisfaction | Because of our specialization, size, depth of experience, and commitment to providing exceptional client care, the City of Vista is assured quality, efficiency, and timeliness throughout the length of the contract. As good communication in every relationship is the key to success, we strive to maintain clear and effective communication throughout the duration of each review cycle until permit issuance. We welcome feedback as a tool for learning and growth.

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In December 2015, and again in November 2018 and November 2021, TRWE was selected to provide As-Needed Professional Development Review Services to the City of Vista. So far under those consecutive contracts we have reviewed more than 300 projects in relation to stormwater quality, drainage, and hydrology, averaging $1,500 per review cycle. We are in close communication with City Engineering Staff, providing accurate and thorough reviews in a timely manner. Additionally, we have held several contracts for similar review services for neighboring cities in North San Diego County. For example, we are currently providing review services to the City of Oceanside for a wide range of projects in relation to drainage and water quality impacts. We have completed more than 260 project reviews for the City of Oceanside since being awarded the initial contract in June 2018 (with subsequent renewals), providing consistently reliable results and efficient submittal review time.

Additionally, in February 2024, TRWE was awarded a contract to provide Professional Development Review Services for the City of Encinitas’ Engineering Department. Services under that contract include review of stormwater and water quality plans and reports, and as-needed consultation.

Under this contract, we have reviewed 30 projects and have recently been given the opportunity to extend our services through the next fiscal year. Our expertise in preparing and reviewing multiple stormwater quality documents for several local municipalities, as well as our command of both the letter of the law and the intent of municipal permitting, consistently translates to timely, cost- efficient, and thorough reviews.

TRWE concurs with the City’s Standard Professional Services Agreement and Insurance Requirements, and certifies that we take no exceptions to the RFP, including the Sample Agreement.

We appreciate this opportunity to present this proposal to you and look forward to discussing the City’s review services needs with you. Please do not hesitate to contact us with questions or for clarification on any matter concerning this proposal.

Respectfully,
Tory R. Walker, PE, CFM, QISP
President
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City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | i S E C T I O N 2 | R E F E R E N C E S
City of Vista ............................................................................................................................................................................................................

City of Oceanside ............................................................................................................................................................................................

City of Encinitas ................................................................................................................................................................................................. 7 7
7 T A B L E O F C O N T E N T S
S E C T I O N 1 | P R O J E C T T E A M
Organization Chart ...........................................................................................................................................................................................

Project Team & Brief Bios ...........................................................................................................................................................................

Similar Experience ............................................................................................................................................................................................. 1 2
4 4
5 5
6 S E C T I O N 3 | A T T A C H M E N T S
Attachment A: Detailed Resumes ....................................................................................................................................................

Attachment B: Work Samples ..............................................................................................................................................................

Attachment C: Fee Schedule .................................................................................................... 8 17
(under separate cover)
1 7
8 HYDROLOGY & HYDRAULICS..........................................................................................................................................................

STORMWATER QUALITY MANAGEMENT PLANS...............................................................................................................

PLANS AND REPORTS CONFORMANCE ................................................................................................................................

OTHER REVIEW SERVICES ................................................................................................................................................................. 08/26/2025
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Organization Chart
Tory R. Walker Engineering, Inc. (TRWE) is recognized regionally as a leader in surface water disciplines. Since our inception in 2000 we have developed innovative ways of integrating surface water disciplines, and consistently, reliably applied our expertise throughout Southern California and beyond. TRWE’s engineers have prepared hundreds of hydrologic and hydraulic studies, analyzed and designed many drainage systems and structures, and prepared hundreds of stormwater management studies.

The team has completed regional drainage master plans, hydrologic model calibrations, and numerous hydromodification studies. We are constantly involved in some aspect of stormwater and floodplain management, including modeling, mapping and FEMA compliance.

Being a Vista-based firm for over 25 years, TRWE has had a significant project volume in North San Diego County, with a large number of projects in Vista. Our team is very familiar with the local environment, details specific to the San Diego region, and to Vista specifically. We have held (or are currently holding) as-needed contracts with the cities of Oceanside, Carlsbad, San Marcos, Encinitas, San Diego, and Riverside County.

All TRWE engineers are highly qualified and available to provide professional development review services to the City of Vista. This area of expertise, spread widely among our staff members, demonstrates our availability and flexibility regarding resources and time. However, several team members have been highlighted as the optimal fit for this potential contract, as they have experience working with the City of Vista staff, providing reviews of stormwater quality management plans, and hydrology and hydraulic studies. A brief overview of each team member can be found on the following page, with full resumes
included in Attachment A.

City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 1 Tina Fransson, MS, PE, QSD/QSP
Additional Reviewer/QA/QC
Bryan Hill, PE, QSD
Additional Reviewer/QA/QC
Alex Smith, PE, MS, QISP
Designated Lead Individual
Technical Support Staff
Section 1

PROJECT TEAM
Tory R. Walker, PE, CFM, QISP
QA/QC
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Brief Bios
Alex Smith, PE, MS, QISP | Designated Lead Individual/Project Manager Alex Smith has been selected to fulfill the role of Designated Lead Individual/Project Manager. Since joining TRWE in 2015, Mr. Smith has gained valuable experience completing, managing and reviewing projects within the City of Vista, the greater San Diego Region, and throughout California. He is currently the Project Manager, main coordinator and reviewer of professional development review services for the Cities of Vista, Oceanside, and Encinitas. Between those three contracts, he has managed reviews of over 400 projects, with efficient, timely, and accurate review submittals. Mr. Smith has an intimate understanding of City infrastructure and drainage, as well as local, state, and federal regulations.

Mr. Smith has over 12 years of professional experience in hydrology, hydraulics, and stormwater quality consulting. He earned a Master’s Degree in Water Resources Engineering, with an emphasis on surface water hydrology, hydraulics, sedimentation, and GIS-based hydrologic modeling techniques. After working with the San Diego Regional Water Quality Control Board Stormwater Unit, Mr. Smith joined TRWE with a wealth of stormwater regulatory experience, including knowledge specific to the new California Industrial General Stormwater Permit (IGP).

Mr. Smith has either designed or reviewed stormwater and drainage infrastructure for projects throughout Southern California and has authored stormwater management and drainage regulations for several cities, including the City of Vista.

Please see Attachment A for detailed resumes, including project descriptions.

City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 2 With more than 23 years of experience in civil engineering design in Southern California, and an emphasis on storm water management and mitigation, Mr. Hill has served as an additional technical report reviewer for 3 years. His background is primarily in private development, managing storm water analysis and design on dozens of projects, from concept to completion.

Project analysis typically includes
hydrologic and hydraulic study, peak flow detention routing, and continuous simulation hydromodification analysis using EPA SWMM. Mr. Hill takes a holistic, project specific approach to storm water management and mitigation design, collaborating with clients to determine the most functional and cost effective solutions for their projects. His responsibilities include design of storm drain, storm water treatment, and storm water detention systems. Specific regional requirements are considered in his role in directing technical study preparation; with a particular focus on optimizing systems to the unique characteristics of each project. As a Qualified SWPPP (Stormwater Pollution Prevention Plan) Developer (QSD), Bryan prepares SWPPPs and erosion control plans for a variety of project configurations and sizes, and provides guidance to developers for maintaining regulatory compliance. Mr. Hill routinely works in concert with developers and architects to develop sound engineering solutions for developments of all sizes, including commercial, industrial, and residential projects.

Bryan Hill, PE, QSD | Additional Reviewer/QA/QC
Section 1

PROJECT TEAM
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City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 3 Tina Fransson, MS, PE, QSD/QSP | Additional Reviewer/QA/QC Ms. Fransson is a registered Professional Engineer with a Master’s Degree in Water Resources Engineering and brings nearly 23 years of experience in water resources and civil design. Her extensive experience in floodplain modeling (1D and 2D), water quality, drainage design (1D and 2D), groundwater transport and processes, and river restoration make her a valuable resource when it comes to reviewing technical reports. She has worked on projects with small and large scale watersheds and has an in-depth knowledge of hydrologic and hydraulic software, such as HEC-RAS, HEC-HMS, GIS, and SWMM. She has worked on various master plans of drainage for large and small scale development projects in San Diego and Riverside Counties. Her BMP design experience includes designing solutions for various projects that most effectively reduce pollutants of concern. She has worked on projects from within the public and private sectors, including preliminary and final designs, preparation of construction documents including grading plans, along with accompanying hydraulic, hydrology, and water quality reports. For much of her career she has participated on committees to help write regulatory documents and has led several research projects involving groundwater modeling, LID effectiveness, and surface runoff, which have resulted in conference presentations and publications.

Tory R. Walker, PE, CFM, QISP | QA/QC
Mr. Walker is a widely recognized expert, with nearly 40 years’ experience in surface water management, providing services to both public and private entities. Mr.

Walker has conducted hundreds of hydrologic studies, including preparation of regional drainage master plans and hydrologic model calibrations. He has analyzed and designed numerous hydraulic structures, including stream stabilization structures, embankments, channels, culverts, and detention, retention, and debris basins.

Mr. Walker’s participation in the development of the Orange County, San Bernardino County and San Diego County hydrology manuals, the San Diego County Drainage Design Manual, and the San Diego County Hydromodification Management Plan gives him a thorough understanding of regulatory requirements in
Southern California. He has conducted numerous floodplain studies for natural and urban stream systems, which have included sediment transport analysis, bridge scour analysis, floodway encroachment and unsteady flow analysis.

Additionally, he has studied and designed many types and sizes of storm water quality facilities for over 30 years and prepared numerous storm water quality management plans.

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Similar Experience
The TRWE team as a whole has significant experience in the services requested by the City of Vista.

As experts in hydraulic analysis and design of numerous types of hydraulic structures, including dam outlet works, spillways, channels, storm drain facilities, drop structures, bridges and culverts, orifices and weirs, irrigation canals and appurtenant structures, we are well-qualified to review drainage studies for the City of Vista. TRWE staff have prepared and/or reviewed hundreds of drainage studies in San Diego County, using every method allowed, and very likely every model used in San Diego County. We also participated in the revisions of the 2005 and 2013 San Diego County Hydraulic Design Manual and in the 2003 San Diego County Hydrology Manual. Mr. Walker is currently on the Technical Advisory Committee to update the Hydrology Manual and has made significant contributions toward major revisions. Our experience reviewing drainage studies for the Cities of Vista, Oceanside, Carlsbad and Encinitas, and as peer review for others, is a natural extension of our expertise preparing drainage studies.

As regionally recognized experts in hydrologic principles, methods, tools, and calibration, we can help the City of Vista protect their investments in infrastructure, natural resources, water quality and significant developments. Our expertise in hydrology will assist the City in reducing risk without incurring needlessly oversized and costly drainage facilities, or the costs of damages due to inadequate facilities. Understanding the level of risk is especially important for local agencies charged with constructing and maintaining public works and with approving proposed developments.

We approach hydrology as both an art and a science. In reviewing drainage studies we recognize that wide variations in hydrologic model outcomes can occur. During the development review process, it is important to obtain consistently reliable results and efficient submittal review times, both for the City and the development community. It is also important that estimated peak flow rates or time series rates, volumes and durations are accurate, as well as meeting the City’s development standards. TRWE’s solid understanding of hydrologic principles is therefore the key to our ability to review drainage studies for the City.

Hydrology & Hydraulics
Hydrology & Hydraulics
Stormwater Quality Management Plans
Plans and Reports Conformance
Other Review Services
Similar Experience
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TRWE will provide development review assistance
to the City of Vista for stormwater quality
management plans in order to help the City apply
the Regional MS4 Permit’s current development
planning requirements in a judicious and
responsible manner. As local stormwater
regulations continue to evolve, TRWE will also help
the City stay up-to-date with the latest regulatory
changes through providing expert guidance to City
staff and project applicants on the technical and
policy-related details affected by Regional Board
directives and upcoming amendments to the
Regional MS4 Permit. TRWE has expertise in
applying local stormwater design requirements to
a wide range of projects from both a design and
review perspective. Our expertise will help the City
of Vista ensure all development projects are fully
compliant with the MS4 Permit development
planning requirements.

Stormwater Quality Management Plans
TRWE will ensure conformance between
submitted reports and plans, and also
ensure conformance to regulatory
requirements. Our experience providing
these services to the City of Vista and to
other municipalities, as well as working with
State and Federal regulatory agencies, has
further strengthened our ability to
proactively and responsively assist the City
of Vista with services performed in
accordance with all applicable Federal,
State and City regulations and ordinances.

Plans and Reports Conformance
TRWE has unsurpassed
technical expertise
coupled with great
problem-solving skill set.

G L E N K . V A N P E S K I , P . E .

F O R M E R S E N I O R C I V I L E N G I N E E R

C I T Y O F C A R L S B A D D E V E L O P M E N T

S E R V I C E S
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 5 TRWE’s expertise in BMP design and
hydromodification design, coupled with our
profound understanding of hydrology and
hydraulics, make us the ideal candidate to provide
technical support to the City of Vista. Our familiarity with the City’s development review process,
preferences, and procedures allows us to
seamlessly integrate our expertise into the existing
framework, as well as when and where to
recommend new and innovative compliance
pathways, such as alternative compliance projects,
green streets design, and use of proprietary
biofiltration devices for those challenging projects
where typical solutions are not feasible. Should new
and innovative recommendations require
necessary documentation for adoption into City
standards, TRWE’s familiarity with the latest local
stormwater industry trends and established
professional relationships with local practitioners
and regulators enables us to develop sound and
compliant technical guidance documents for the
City that will withstand public review and,
ultimately, project-by-project implementation.

FEMA’s National Flood Insurance Program
(NFIP) has undergone significant change
over the past few years. Staying abreast of
these changes is time-consuming, but
necessary for floodplain managers to
ensure compliance with FEMA’s regulations
and policies.

TRWE has a long history of analyzing
floodplains and preparing and processing
requests for changes to flood zone
determinations. These requests and
accompanying studies, when required,
range from encroachment or flood control
work within large rivers with Letters of Map
Revision (LOMR) and Conditional Letters of
Map Revision (CLOMR), to single lot Letters
of Map Amendment (LOMA) or Letters of
Map Revision Based on Fill (LOMR-F).

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DRAINAGE DESIGN | Storm runoff flows are not accurately defined as static peak flows that occur infrequently and instantaneously, yet drainage infrastructure is often designed without any thought to the variability and duration of storm runoff. Our team of experts has the breadth of knowledge and experience to ensure that we always account for these factors, along with other real variables, such as debris, variations of velocity and energy losses, fluctuating hydraulic conditions, and possible consequences from lack of maintenance.

Other Review Services
HYDROMODIFICATION MANAGEMENT PLANS | TRWE has earned a solid reputation for developing hydromodification management solutions that include optimizing onsite BMPs, studying fluvial systems for susceptibility and preparing bioengineered rehabilitation plans. More recent stormwater permits in Southern California focus much more on the problem of hydromodification within the region’s receiving waters. Hydromodification is typically associated with excessive erosion of waterways
and subsequent downstream sediment deposition, usually due to modifications in the watershed. The San Diego Region has been the focal point and testing grounds for hydromodification solutions. Although the intention is commendable, much of the science has been imported from other regions and is incompatible with our Mediterranean climate. Therefore, the proper use of tools and methods, as well as a good understanding of calibrated parameters, is required for proper application.

The TRWE Team
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City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 7 Section 2

REFERENCES

GREG MAYER, ENGINEERING DIRECTOR

CITY OF VISTA
The City of Vista feels that TRWE’s
logical and expert approach to
hydrologic modeling has saved
developers and tax payers
significant costs that might
otherwise have been wasted with
overly conservative methodology.

Having direct access to a
specialized drainage consultant
such as TRWE that is not part of a
full service civil consulting firm is
much more efficient and cost
effective.

Greg Mayer, Engineering Director
(760) 643-5408
City of Vista
In addition to the current As-Needed Professional
Development Review Services, the City of Vista has issued a number of as-needed contracts with TRWE for a variety of municipal projects, for the purpose of consultation and review. Private development review services have included CLOMR and LOMR applications for Pocina, a residential
project on Buena Creek.

Paul Pham, City Development Engineer
760-435-5030
Since 2018, TRWE has held consecutive contracts with the City of Oceanside to provide On-Call Stormwater Land
Development Review Services. Since awarded the initial
contract, our team has reviewed more than 260
development projects, ranging from single residence
additions to subdivisions and commercial developments.

Our experience working with a variety of MS4 Copermittees has broadened our understanding and improved our
management of the review process, enabling us to
improve review efficiency and reduce costs. While bringing projects into compliance with the Regional MS4 Permit
requirements, TRWE has been proficient in quickly
identifying issues that have potential to put the City at risk if not addressed during the project review phase.

City of Oceanside
City of Encinitas
Leia Cabrera, PE, QSD, Senior Engineer
760-633-2775
In 2024, TRWE was selected to provide as-needed professional development review services for the City of Encinitas’ Engineering Department. Under this contract, we are reviewing stormwater, drainage, and floodplain reports for a wide range of complex project sites, providing as-needed consultation, checking for conformance between submitted reports and plans (meeting local, state, and federal requirements) whether it is for entitlement, final engineering, or construction changes. Our services were recently extended through the upcoming 2025-2026 Fiscal Year.

Due to our volume of work within the city of Vista since 2000, we are extremely familiar with the watershed, and drainage systems within. We gained extensive experience through some of our larger projects like the South Santa Fe Development Drainage Design in 2013 and the Agua
Hedionda Creek Restoration Project in 2010.
...Throughout our partnership, I have
been consistently impressed with their
professionalism, technical expertise, and
ability to deliver practical, effective
solutions to complex stormwater design
challenges across both private and
public projects. As seasoned stormwater
practitioners, TRWE also brings added
value to their services by drawing on
real-world experience and deep industry
knowledge.

PAUL PHAM, CITY DEVELOPMENT ENGINEER

CITY OF OCEANSIDE
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ATTACHMENT A

DETAILED RESUMES
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ATTACHMENTS
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BACKGROUND
12 years of professional experience in hydrology, hydraulics, and stormwater quality consulting
Led a major region-wide study analyzing the hydrologic impact of hydromodification management on five large impounded watersheds in San Diego County
Earned a Master’s Degree in Water Resources Engineering, with emphasis on surface water hydrology, hydraulics,
sedimentation, and GIS-based hydrologic modeling techniques

1.5 years professional regulatory experience working under the San Diego Regional Water Quality Control Board Stormwater Unit
Audited North Region 9 County Copermittees’ stormwater
management programs for compliance with the San Diego
Region Municipal Separate Storm Sewer System (MS4) Permit Evaluated dozens of construction, industrial, and municipal dischargers for NPDES compliance
Led 10 compliance workshops, hosted by various Southern California cities, to educate and provide guidance to businesses affected by the new California Industrial General Permit (IGP) Trained Southern California municipal staff in conducting thorough IGP compliance & inspections

LICENSES &

REGISTRATIONS
Registered Civil Engineer,
California (No. 90082)
IGP Qualified Industrial
Stormwater Practitioner
(QISP)

EDUCATION
M.S. Civil Engineering, Water
Resources, San Diego State
University
B.S. Civil Engineering,
California Polytech State
University, Pomona

RELEVANT PROJECT EXPERIENCE

ON-CALL STORMWATER LAND DEVELOPMENT REVIEW SERVICES - OCEANSIDE, CA Mr. Smith has reviewed over 150 land development applications for compliance with local stormwater and drainage requirements. Reviewed applications include Standard Projects and priority development projects (“PDPs”), ranging from less than one acre to over 80 acres.

PROFESSIONAL DEVELOPMENT REVIEW SERVICES - VISTA, CA
TRWE is currently providing review services to the City of Vista in relation to drainage and water quality impacts. As Project Manager, Mr. Smith has provided reviews on an ongoing basis since winning the contract in December 2015, having led over 200 reviews to date. Mr. Smith adds to our expertise in Hydrology, Hydraulics, and Water Quality, while ensuring conformance to all regulatory requirements.

STORMWATER & DRAINAGE PARTNERSHIP - SOUTHERN CALIFORNIA Mr. Smith currently serves as Project Manager for all projects solicited by one of TRWE’s top clients, SDH & Associates. All projects to date have included management, design, or review with a focus on drainage, stormwater, or flood control throughout California, and have included preparation or review of the project-specific Water Quality Management Plan (WQMP) and drainage report. The industrial, commercial, and mixed-use development projects range from 1 - 15 acres in size.

ALEX SMITH, PE, MS - PROJECT MANAGER
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 9

PROFESSIONAL DEVELOPMENT REVIEW SERVICES - ENCINITAS CA Mr. Smith has reviewed over 30 land development applications for compliance with local stormwater and drainage requirements. Reviewed applications include Standard Projects and PDPs, ranging from less than one acre to over 20 acres. 08/26/2025
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STATISTICAL HMP EXEMPTION ANALYSIS FOR FIVE RIVER REACH SYSTEMS – SAN DIEGO COUNTY, CA Mr. Smith led a study seeking to either justify or invalidate the renewal of hydromodification management exemption criteria for projects draining directly to the Otay, San Diego, San Dieguito, San Luis Rey, and Sweetwater Rivers. The study described the effects of either renewing or revoking the proposed hydromodification management exemptions based upon statistical analysis of stream station flow measurements and continuous hydrologic simulation modeling using the United States Environmental Protection Agency’s Stormwater Management Model (SWMM).

INDUSTRIAL STORMWATER CONSULTING – SAN DIEGO COUNTY, CA Mr. Smith is currently leading TRWE NPDES permit compliance services, with emphasis on the new California Industrial General Permit (IGP). He has now worked with over 20 industrial clients, to ensure they are maintaining compliance with the statewide order. Permit assistance services include consultations, site inspections, SWPPP development, reporting and completion of SMARTS documentation. Additionally, he has led workshops throughout Southern California and has been sought after to present to business owners, property managers, and regulators on industrial stormwater management.

SAN DIEGO REGIONAL WATERSHED MANAGEMENT AREA ANALYSIS – SAN DIEGO COUNTY, CA Mr. Smith developed a GIS methodology for identifying existing flood control and channel structures for 27 select reaches within San Diego County. He also assisted with conducting research used to develop the methodology for determination of potential critical coarse sediment yield areas within the San Diego Region.

ALEX SMITH, PE, MS - PROJECT MANAGER
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 10

CITY OF VISTA BMP DESIGN MANUAL UPDATES - VISTA, CA
Mr. Smith led the effort to update the City of Vista’s BMP Design Manual, along with the City’s stormwater project determination form and Standard Project and Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) templates. As was required in Oceanside, the tasks will require close coordination between the City’s Land Development Division, the City’s Stormwater and Water Quality Protection Division, and the San Diego Regional Water Quality control board staff. The updates will be incorporated into the City’s corresponding Water Quality Improvement Plan (WQIP) Annual Reports, which will include additional local guidance for determining whether certain work completed within the public right-of-way qualifies as “routine maintenance,” as well as additional updates to the City’s post-construction BMP requirements to reflect clarifications provided by the San Diego Regional Water Quality Control Board.

CITY OF OCEANSIDE BMP DESIGN MANUAL UPDATES - OCEANSIDE, CA In January 2022, Mr. Smith led an effort to update the City of Oceanside’s BMP Design Manual. The BMP Design Manual updates were completed to maintain compliance with San Diego Regional Water Quality Control Board Order No. R9-2013-0001 (the Regional MS4 Permit). The task required close coordination between the City’s Engineering Division, the City’s Watershed Protection Program, and the San Diego Regional Water Quality control board staff to prepare the updates and incorporate into the City’s corresponding Water Quality Improvement Plan (WQIP) Annual Reports. The scope of the BMP Design Manual updates included additional local guidance, which included guidelines for determining whether certain work completed within the public right-of-way qualifies as “routine maintenance,” as well as additional updates to the City’s post-construction BMP requirements arising from recent clarifications provided by the San Diego Regional Water Quality Control Board. Additionally, TRWE revised the City’s Jurisdictional Runoff Management Plan (JRMP) for synchronization with the corresponding BMP Design Manual updates. 08/26/2025
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BACKGROUND
Mr. Hill has more than 23 years of experience in civil engineering design in Southern California, with an emphasis on storm water management and mitigation. He has worked primarily in private development, managing storm water analysis and design on dozens of projects, from concept to completion. Project analysis typically includes hydrologic and hydraulic study, peak flow detention routing, and continuous simulation hydromodification analysis using EPA SWMM.

Mr. Hill takes a holistic, project specific approach to storm water management and mitigation design, collaborating with clients to determine the most functional and cost effective solutions for their projects. His responsibilities include design of storm drain, storm water treatment, and storm water detention systems. Specific regional requirements are considered in his role in directing technical study preparation; with a particular focus on optimizing systems to the unique characteristics of each project.

As a Qualified SWPPP (Stormwater Pollution Prevention Plan) Developer (QSD), Bryan prepares SWPPPs and erosion control plans for a variety of project configurations and sizes, and provides guidance to developers for maintaining regulatory compliance. Mr. Hill routinely works in concert with developers and architects to develop sound engineering solutions for developments of all sizes, including commercial, industrial, and residential projects.

LICENSES &

REGISTRATIONS
Registered Civil
Engineer, California
(No. C69339)
QSD (No. C69339)

EDUCATION
B.S., Mechanical
Engineering, San
Diego State
University, San Diego

RELEVANT PROJECT EXPERIENCE

BRYAN HILL, PE, QSD - PROJECT MANAGER
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 11

STORMWATER LAND DEVELOPMENT REVIEW SERVICES - OCEANSIDE, CA Mr. Hill is currently providing ongoing consultant stormwater and water quality plan review services.

Support is provided for review of discretionary and engineering submittal packages; specifically for review of Storm Water Quality Management Plans (SWQMPs) and associated documents.

Reviews
are provided on-time and within budget to comply with the City’s published turnaround times.

PROFESSIONAL DEVELOPMENT REVIEW SERVICES - VISTA, CA
Mr. Hill provides ongoing consultant storm water and water quality plan review services. Support is provided for review of discretionary and engineering submittal packages; specifically for review of Drainage Studies and Storm Water Quality Management Plans (SWQMPs). Reviews are provided on-time and within budget to comply with the City’s published turnaround times.

WATER RESOURCES STUDIES AND ENGINEERING - CARLSBAD, CA
Providing project support and design for a Treatment Control Best Management Practice (TCBMP) system for regional water quality mitigation of the existing storm drain system in State Street, near Laguna Drive. The TCBMP will be designed to comply with the State Water Resources Control Board (SWRCB) full trash capture order, by capturing all particles that are 5 millimeters or greater, during a one-year, one-hour design storm. Deliverables include a Drainage Study, trash capture calculations, and a Public Improvement Plan for construction of the TCBMP. 08/26/2025
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BRYAN HILL, PE, QSD - PROJECT MANAGER
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NORTH CITY EAST - SAN MARCOS, CA
Provided project support, Drainage Study preparation and oversight, and design for storm drain and storm water mitigation systems for multiple phases of discretionary and final engineering process of this high density mixed-use project. Initial efforts involved master planning drainage analysis of the approximately 150 acre University District Specific Plan area. Design efforts included regional public storm drain systems, biofiltration planters, underground detention systems, and proprietary biofiltration systems, all in conformance with the underlying master planning documents. Particular focus was placed on developing an innovative biofiltration system design, in collaboration with the City of San Marcos, to address water quality, hydromodification, and peak flow mitigation within a limited footprint in the public right-of-way. All phases of planning and development included Storm Water Quality Management Plan (SWQMP) and Drainage Study preparation and oversight.

ROSELLE STREET - SAN DIEGO, CA
Oversaw the preparation of discretionary and construction drawings and technical studies, including a FEMA Letter of Map Revision (LOMR). The Roselle Street project involved invasive plant removal and habitat restoration on an environmentally sensitive, and cultural resource sensitive, site located within designated FEMA floodway. Led consultant team coordination to keep the project progressing through multi-agency regulatory requirements.

CENTRUM RESIDENTIAL APARTMENTS - SAN DIEGO, CA
Provided project support and design for storm drain and storm water mitigation systems for multiple phases of discretionary and final engineering process of this high density redevelopment project. Design efforts included regional public storm drain systems, biofiltration planters, underground detention systems, and proprietary biofiltration systems, all in conformance with underlying master drainage plan documents. All phases of planning and development included Storm Water Quality Management Plan (SWQMP) and Drainage Study preparation and oversight.

FORESTER SQUARE APARTMENTS - SANTEE, CA
Provided project support and design for storm drain and storm water mitigation systems. Design efforts included biofiltration planters and an underground detention system. Oversaw the development of technical studies for both the discretionary review process and Final Engineering.

MISSION BAY RESIDENCE - SAN DIEGO, CA
Oversaw the preparation of discretionary and construction drawings and technical studies, including a FEMA Letter of Map Revision for Fill (LOMR-F), for a luxury residence fronting Mission Bay.

OTAY CROSSINGS COMMERCE PARKS - COUNTY OF SAN DIEGO, CA Provided project support and design for storm drain and storm water mitigation systems. Design efforts included a vegetated flood conveyance channel bisecting the project. Oversaw the development of technical studies for both the discretionary review process and Final Engineering.

COUNTRY CLUB APARTMENTS - OCEANSIDE, CA
Prepared construction drawings and technical studies for the rehabilitation of an existing apartment complex. Design efforts included a replacement storm drain system within a highly constrained courtyard, and an underground detention system.

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BACKGROUND
Over 22 years of experience in water resources engineering, providing services to both public and private entities.

Expert in floodplain modeling, management, and FEMA
compliance. Experience includes 1D and 2D models as well as scour analyses, and wetland restoration using 1D and 2D models.

Work has included drainage and water quality studies, low impact development (LID) design, hydrologic and hydraulic modeling and design, dam b
reak analyses, river restoration,
groundwater studies, and sediment transport studies.

Analyzed and designed numerous hydraulic structures,
including stream stabilization structures, embankments, channels, culverts, and detention, retention, and infiltration basins.

Has worked on various master plans of drainage and water quality master plans.

Extensive knowledge in hydraulic and hydrologic modeling, including continuous simulation models, hydromodification, infiltration and filtration models.

Experience with groundwater transport modeling, and
installation of groundwater observation and monitoring wells.

Civil design experience in preparing grading plans, plan and profiles, and detail drawings.

LICENSES &

REGISTRATIONS
Registered Civil Engineer,
California (No. 77964)
QSD/QSP (No. 00540)
Certified Floodplain Manager
(US-22-12496)

EDUCATION
M.S. Water Resources
Engineering
Lund University, Lund, Sweden
B.S. Applied Mathematics
University of California, Los
Angeles

RELEVANT PROJECT EXPERIENCE

TINA FRANSSON, MS, PE, QSD/QSP - PROJECT MANAGER
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 13

CITY OF OCEANSIDE MASTER PLAN OF DRAINAGE CONVERSION TO SWMM - OCEANSIDE, CALIFORNIA Ms. Fransson is Project Manager of the City of Oceanside Master Plan of Drainage Conversion Project. The current master plan of drainage was prepared using XP Storm software. The City requested the model be converted to PC SWMM. Ms. Fransson led the effort to convert the model, meanwhile maintaining the hydrologic and hydraulic functions of the original model, and conducting quality control throughout the process to remove any errors. The end product will simplify the dozen or so XP Storm models into one PC SWMM model using python scripting. The end product will be user-friendly and ready to build upon in anticipation of future development within the city of Oceanside.

REGIONAL BEST MANAGEMENT PRACTICE MASTER PLAN STUDY – COUNTY OF SAN DIEGO As an addition to the Special Drainage Area studies, Ms. Fransson prepared a BMP Master Plan study to accompany the study for SDA-9 (San Dieguito). This study used the GIS subwatershed data and calculated 85th percentile flow rates and volumes. This data was compared with additional subwatershed data within GIS such as slope, open space areas, soil types, among others, in order to give ratings to each subwatershed. The ratings were summarized into a map, which showed the most appropriate areas where regional BMPs could be located, as well as a general area that would be expected for the BMP, based on the volume. Ms. Fransson prepared an accompanying written study, as well as all exhibits.
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TINA FRANSSON, MS, PE, QSD/QSP - PROJECT MANAGER
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 14

OCEAN KAMP CLOMR - OCEANSIDE, CALIFORNIA
Ms. Fransson worked with FEMA and the City of Oceanside on this CLOMR for the San Luis Rey River in the city of Oceanside, CA. The Ocean Kamp development is a proposed 95-acre mixed-use commercial and residential project situated near the San Luis Rey River and mapped within FEMA Zone A99. The area has remained a Zone A99 because the city is protected from flooding by the San Luis Rey River by uncertified levees. The Conditional Letter of Map Revision (CLOMR) analyzed floodplain impacts assuming no protection from the levees along the river. The project used updated topographic and hydrologic data to develop hydraulic models for existing and proposed conditions. Proposed grading would elevate development pads above the 100-year base flood elevation, ensuring no increase in water surface elevations. The study confirmed no changes to flood elevations or velocities between conditions, and a CLOMR application is currently under FEMA review.

BUENA VISTA CREEK FLOODPLAIN REMAPPING - VISTA, CALIFORNIA Ms. Fransson worked with FEMA and the City of Vista on this project, with involved a LOMA for Buena Vista Creek in the city of Vista, CA. This area was located within a FEMA Zone AE. Ms. Fransson identified errors in the effective HEC-RAS modeling, which incorrectly modeled bridge crossings as culverts and used incorrect flow rates that did not match the Flood Insurance Study. These errors resulted in increased water surface elevations along the creek, and flooding in the city. Ms.

Fransson therefore updated the existing condition HEC-RAS modeling and corrected the errors. The updated hydraulic modeling demonstrated that the floodway and floodplain boundaries were narrowed and contained within Buena Vista Creek. The project was approved by FEMA, and the floodplain mapping was revised so that the City of Vista no longer lies within a floodplain.

ORANGE COUNTY HYDROLOGY MANUAL - ORANGE COUNTY, CALIFORNIA Ms. Fransson worked on the Orange County Hydrology Manual updates, which included calibrating several storms to observed flow data to assess the effectivity of the current hydrology methods and parameters. The work included analyzing precipitation data from several different storm events and for several different watersheds. The precipitation was then used to prepare hydrology calculations using the unit hydrograph method in HMS and infiltration methods in SWMM. The parameters in these models were then calibrated to the observed flow data. The work also included preparing a flood-frequency analysis for the top 24-hour periods of each set of rainfall data and quantifying a recurrence interval for each storm.

EL CAMINO REAL FLOODPLAIN STUDY - CARLSBAD, CALIFORNIA
The City of Carlsbad, California, proposed improvements to add pedestrian walkways on both sides of the El Camino Real Bridge in Carlsbad, California. The existing bridge crosses San Marcos Creek, which transitions to Batiquitos Lagoon. Ms. Fransson prepared several iterative design alternatives for the pedestrian bridges using GeoHEC-RAS, which resulted in a proposed design that did not raise water surface elevations during the 100-year storm. Ms. Fransson also prepared a scour analysis for the existing and proposed bridge piers, ensuring the proposed design would prevent pier scour.

HOLLANDIA FARMS - CITY OF SAN MARCOS
Duties included preparing a complete CLOMR application for the project. The application included effective, corrected effective, and proposed condition HEC-RAS models. The HEC-RAS models complied with FEMA requirements and showed that the project did not encroach the effective FEMA floodway, and also did not increase the water surface elevations by more than one foot from the corrected effective to proposed conditions.

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BACKGROUND
Tory Walker, Principal Engineer at Tory R. Walker Engineering, is a widely recognized expert, with over 35 years’ experience in surface water management, providing services to both public and private entities. Mr. Walker has conducted hundreds of hydrologic studies, including preparation of regional drainage master plans and hydrologic model calibrations. He has analyzed and designed numerous hydraulic structures, including stream stabilization structures, embankments, channels, culverts, and detention, retention, and debris basins.

Mr. Walker’s participation in the development of the Orange County, San Bernardino County and San Diego County hydrology manuals, the San Diego County Drainage Design Manual, and the San Diego County Hydromodification Management Plan gives him a thorough understanding of regulatory requirements in Southern California. He has conducted numerous floodplain studies for natural and urban stream systems, which have included sediment transport analysis, bridge scour analysis, floodway encroachment and unsteady flow analysis. Additionally, he has studied and designed many types and sizes of storm water quality facilities for over 30 years and prepared numerous storm water quality management plans . He has been called to expert witness, involvement in litigation support, including case work, depositions, and court testimony.

LICENSES &

REGISTRATIONS
Registered Civil Engineer,
California (No. 45005)
Registered Civil,
Environmental Engineer,
Oregon (No. 16313)
Registered Civil Engineer,
Washington (No. 29503)
Certified Floodplain
Manager
(No.US-08-03678)
Certified Water Right
Examiner, Oregon (No.
344)
IGP Qualified Industrial
Stormwater Practitioner

EDUCATION
B.S. Civil Engineering,
University of California,
Irvine
B.A., Engineering-Physics,
Westmont College,
Santa Barbara,
California

RELEVANT PROJECT EXPERIENCE

ON-CALL ENGINEERING STORMWATER DEVELOPMENT REVIEW

SERVICES - OCEANSIDE, CA
In 2018 and again in 2021 and 2023, TRWE was selected by the City of Oceanside to provide On-Call Stormwater Land Development Review Services. Since awarded the contract, our team has reviewed 104 development projects, ranging from single residence additions to subdivisions and commercial developments. Our experience working

TORY R. WALKER, PE, CFM, QISP - PRINCIPAL ENGINEER

VISTA PROFESSIONAL DEVELOPMENT REVIEW SERVICES - VISTA, CA Mr. Walker is Principal-in-Charge for the professional development review services contract with the City of Vista. These services relate to hydrology and hydraulic studies and water quality technical reports, ensuring conformance between submitted reports and plans as well as conformance to regulatory requirements.

City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 15 with a variety of MS4 Copermittees has broadened our understanding and improved our management of the review process, enabling us to improve review efficiency and reduce costs.

While bringing projects into compliance with the Regional MS4 Permit requirements, TRWE has been quickly identifying issues that have potential to put the City at risk if not addressed during the project review phase.
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PROFESSIONAL DEVELOPMENT REVIEW SERVICES - ENCINITAS, CA Mr. Walker is Principal-in-Charge for the professional development review services contract with the City of Encinitas. These services relate to hydrology and hydraulic studies and water quality technical reports, ensuring conformance between submitted reports and plans as well as conformance to regulatory requirements.

OCEANSIDE MASTER PLAN OF DRAINAGE – OCEANSIDE, CA
Mr. Walker served as Project Manager for the 2013 Oceanside Drainage Master Plan, which included preparation of a precipitation analysis to evaluate various sources of precipitation data and methodologies for distributing precipitation across the City. The study included an analysis of the existing Oceanside hourly precipitation data to determine a more realistic IDF curve based upon
precipitation gauge measurements taken since 1951. The applicability of NOAA Atlas 14 point precipitation to various distributions was also analyzed as part of this study.

HMP CALIBRATION STUDY – NORTH COUNTY SAN DIEGO, CA
TRWE prepared an HMP Calibration Study for the cities of Vista, San Marcos and Oceanside. The study established parameters for continuous simulation modeling, and provided the basis for the use of SWMM in North County San Diego. The SWMM parameters developed demonstrate how SWMM can optimize bioretention facilities, reducing oversized facilities a minimum of 50% while still meeting hydromodification compliance criteria, and are now being incorporated into the regional BMP Manual Update for use with the new MS4 Permit.

HMP PRECIPITATION TIME SERIES STUDY - NORTH COUNTY SAN DIEGO, CA Mr. Walker managed a precipitation study for the cities of Oceanside, San Marcos, and Vista, which consisted of disaggregating the Oceanside hourly precipitation time series to 30-minute (semi- hourly) intervals. Fractal hydrologic analysis was used to disaggregate rainfall. The resulting re- aggregated semi-hourly Oceanside rainfall data can be used by local municipalities for HMP continuous simulation modeling for development projects within the north San Diego County region. The revised semi-hourly precipitation data provides the municipalities with more realistic, precise data to integrate into their HMP compliance efforts. Namely, the revised semi-hourly data may be most useful for capital improvement project HMP design, where lack of space for oversized HMP facilities often is an issue.

PONTO BEACHFRONT VILLAGE - CARLSBAD, CA
Ponto Beachfront Village is a high-density residential and commercial site in coastal Carlsbad. The TRWE team conceptualized and sized BMPs to meet both treatment control and flow control requirements of this highly complex and constrained site. We were able to provide solutions that met the current requirements, without significant changes to the site design layout.

TORY R. WALKER, PE, CFM, QISP - PRINCIPAL ENGINEER
VALLEY 17 BIOFILTRATION/RETENION BASIN RECERTIFICATION - CARLSBAD, CA TRWE was hired by eight private homeowners at the Valley 17 subdivision, a newly constructed neighborhood in the City of Carlsbad. The City had issued notices of violation to the homeowners for making unpermitted changes to their on-lot structural BMPs. TRWE investigated the design and as-built condition of the on-lot structural BMPs by reviewing the approved project-specific SWQMP and drainage reports. Document review was followed up by a field visit and subsequent analysis, which included SWMM modeling, detention calculations, and water quality sizing. TRWE provided recommendations tailored for each homeowner to bring them into compliance with current stormwater, hydrologic and hydraulic standards
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 16

AS-NEEDED STORMWATER MANAGEMENT SERVICES - CARLSBAD, CA Mr. Walker provided a Hydromodification Management Plan (HMP) using SWMM modeling for a road-widening project at South Melrose Drive North of Palomar Airport Road. He also reviewed three different projects for the City of Carlsbad, including Cantarini Ranch, La Costa Valley School, and the Valley 17 Drainage Study. For each project, Mr. Walker provided the City with expert peer reviews, including thorough analysis of EPA SWMM models and HMP methodology. 08/26/2025
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ATTACHMENT B

WORK SAMPLES
Park Avenue Apartments Preliminary Grading Plan (P22-0266), Plan Check #1 Vista Grande Rough Grading Plan (LD22-062), Plan Check #2 1205 Melrose Way Rough Grading Plan Construction Change #1 (GP23-027), Plan Check #1

CITY OF VISTA
Olive Park Apartments Development Plan (D24-0006), Plan Check #1 Vista Way Senior Housing Precise Grading Plan (G23-000321), Plan Check #3 North River Farms Rough Grading Plan (G22-00042), Plan Check #4

CITY OF OCEANSIDE
City of Vista | As-Needed Professional Development Review Services in Relation to Stormwater Drainage and Water Quality Impacts Page | 17 Section 3

ATTACHMENTS
The Junkyard 22 Tentative Map (MULTI-006172-2023), Plan Check #1 Dos Lunas Precise Grading Plan (LDEV-030736-2024), Plan Check #1 Burtech Mixed Use Precise Grading Plan (LDEV-031334-2024), Plan Check #2

CITY OF ENCINITAS
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Contract Value: $1,150,000
Contract/Budget
Dates of Service
December 2015 - ongoing
Project Client & Contact
City of Vista
Fred Tafaghodi
(760) 643-5419
[email protected]
Key Staff
Tory R. Walker, PE - Principal
Alex Smith - Project
Manager/Primary Reviewer
Bryan Hill - Additional Reviewer
TRWE is currently providing review services to the City of Vista for a wide range of projects in relation to drainage and water quality impacts. Our team has completed over 300 project reviews since being awarded the contract in December 2015 and again in 2021, providing consistently reliable results and efficient submittal review times. Projects fall within the following categories:

Hydrology & Hydraulics | TRWE reviews drainage studies in order to help the City of Vista protect their investments in infrastructure, natural resources, water quality and
development. Using our expertise in hydrology, we assist the City in reducing risk of damage associated with undersized infrastructure, without unnecessarily oversizing costly drainage facilities. We ensure the accuracy of estimated peak flow rates, flow duration analyses, and facility sizing, while meeting the City development standards.

Stormwater Quality Management Plans | TRWE provides
development review assistance to the City of Vista for
Stormwater Quality Management Plans (SWQMPs) and aids
the City in the transition from the previous MS4 permit requirements of Order R9-2007-0001 to the new requirements of Order R9-2013-0001. TRWE has expertise in design review of BMPs to adapt them for compliance to the new order for
projects proposed in the City of Vista.

Plans and Reports Conformance | TRWE ensures continuity between submitted reports and plans, and also ensures
conformance of these documents to regulatory requirements.

We proactively and responsively assist the City of Vista with services performed in accordance with all applicable Federal, State and City regulations and ordinances. This includes conformance to FEMA’s regulations and policies, such as the recent changes to the National Flood Insurance Program
(NFIP).

TRWE also reviews plans for drainage design and
Hydromodification Management Plans, providing solutions that include optimizing onsite BMPs, studying natural drainage systems for susceptibility and preparing bioengineered
rehabilitation plans.

Vista Professional Development Review Services
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ATTACHMENT B

WORK SAMPLES - CITY OF VISTA
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ATTACHMENT B
WORK SAMPLE #1

WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM

Date:

To:

From:

August 22, 2022
Land Development Manager, City of Vista, CA
Bryan Hill – Tory R Walker Engineering
Subject: P22-0266 (Park Avenue Apartments) – 1st Planning SWQMP Plan Check (PC1) for Onsite Improvements and Preliminary Grading

COMMENTS

1. Stormwater Quality Management Plan

1.1. Update project numbers in all applicable locations.

1.2. Reassess selected source control BMPs for applicability and provide narrative descriptions in Form 3. Clearly show all selected BMPs on the DMA Exhibit.

1.3. Please update all reported square footages for proposed disturbed, impervious, and pervious areas across the “whole of the action” of the project. This includes all onsite and offsite areas to be improved as part of the project, including roadway widening, driveways, sidewalks, and connections to existing roadways adjacent to the project site. Please ensure all like values remain consistent throughout the SWQMP and its Attachments. The pathway to compliance for frontage improvements will be to consider and implement USEPA Green Streets features as applicable and feasible along the site frontage to the maximum extent practicable (i.e. qualitative features to hydraulically “disconnect” sidewalk, half-street, etc.) for the sidewalk and half-street.

Evaluation of Green Street feature feasibility must be assessed collaboratively with the City of Vista Engineering Department staff, as long-term maintenance requirements will influence BMP selection.

1.4. Assess and demonstrate the feasibility of providing the minimum required site retention volume through the use of amended soils. It appears the project is proposing to discharge all roof runoff overland into the landscaping. This may not be viable as most of the landscape areas appear to be 2:1 slope. On the DMA Exhibit, clearly identify the amended soil areas, anticipated roof drain locations and tributary roof drainage areas.

City of Vista Land Development Department

MEMORANDUM
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1.5. Provide Attachment 4: include concept plans showing all sheets applicable to the proposed BMP design. This includes the preliminary grading plan, with typical BMP details, the concept landscape plan, and select building sheets.

1.6. See report redlines for additional comments.

2. Preliminary Drainage Study

2.1. The Preliminary Drainage Study needs to conform to the County of San Diego Hydrology Manual, dated June 2003, instead of the City of San Diego manual. Please revise calculations accordingly.

2.2. Expand the study to address the offsite roadway widening; include all project impacts and discharge locations.

2.3. The project proposes to replace an existing offsite curb inlet and add a new piped connection to the inlet. This curb inlet should be a Point of Compliance in the study.

Calculate the change in peak flow at this location and assess the potential impact to the existing public infrastructure.

Once all requested documents are provided, additional comments may follow.

Please call if you have any questions 760-414-9212.
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ATTACHMENT B
WORK SAMPLE #2
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM

Date:

To:

September 24, 2024
Amy M. Harrison, MS, EIT
Assistant Engineer
Land Development Division, Engineering Department
City of Vista
Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering
From:

Subject: Final SWQMP and Drainage Review for Camino Largo Rough Grading (LD22-062) – 2nd Review (PC2) for Onsite Rough Grading and Offsite Improvements

1.1. (REPEAT COMMENT) Please provide a written response to all SWQMP comments and redlines. Very few responses were provided to comments from the prior review cycle.

1.2. Please continue to submit a completely “flat” PDF (i.e., no comments, markups, AutoCAD linework, and/or other similar features that become detectable within standard PDF viewer software) at resubmittal.

1.3. Please address all SWQMP redline comments (provided as a separate PDF).

1.4. Please revise the rough grading and improvement plans in accordance with all redlined comments issued herein and within SWQMP Attachment 4.

1.5. (REPEAT COMMENT) Please provide a completed and signed “Form 1” in the required location under the SWQMP cover.

1.6. (REPEAT COMMENT) Please quantify all onsite and offsite areas within the project limits,

City of Vista Land Development Department

MEMORANDUM
Ms. Harrison,
We have completed our review of the Final Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) and drainage report for the subject project. Based upon our review, we find the SWQMP and drainage report remain incomplete at this time. We have summarized our main comments as follows:

COMMENTS

1. Stormwater Quality Management Plan
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WORK SAMPLE #2

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including, but not limited to, perimeter slopes, private driveways, roadway improvements along North Santa Fe Avenue, etc. Please provide supporting USEPA Green Streets details in the SWQMP and on all applicable plans for created/replaced road improvements not draining to a structural BMP. The full depth replacement along North Santa Fe Avenue must consider appropriate mitigation to the maximum extent practicable (MEP), even with the current unimproved western limits of North Santa Fe Avenue considered. The responsibility to maintain, remove, or enhance any Green Streets BMPs proposed by this project along the western side of North Santa Fe Avenue (at such time it is constructed to its ultimate condition) will be the future responsibility of others.

1.7. (REPEAT COMMENT) Please provide a lot-by-lot tabular impervious surface summary that presents the maximum assumed future impervious areas for future homeowners. Please ensure the designated pollutant removal, hydromodification flow control, and detention facilities can mitigate accordingly.

1.8. (UNRESOLVED) Please provide all County of San Diego Automated Worksheets in Attachment 1f, which includes Automated Worksheets B.1, B.2, and B.3. In those worksheets, please include all DMAs subject to DCV calculations and exclude all DMAs not subject to DCV calculations (i.e., self-mitigating, self-retaining, de minimis, and Green Streets DMAs).

1.9. (UNRESOLVED) Please demonstrate how all proposed structural BMPs provide the requisite PDP performance standard for their respective drainage area. Please consider the percent capture method where required (i.e., biofiltration downstream of a detention system). Please refer to the SWQMP redlines comments along with the City of Vista BMP Design Manual (BMPDM) for additional technical information. The structural BMPs proposed for DMA 2 appear to be undersized for purposes of pollutant removal and/or hydromodification flow control.

1.10. (REPEAT COMMENT) Please provide complete lift station details with resubmittal. Please ensure that the lift station(s) can be constructed within the GeoStorage system and remain functional and accessible for maintenance; otherwise, please construct externally. Please ensure all float switch elevations are specified and the pump performance curves are clearly identified in the supporting reports with the proper models specified on the plans. Please model the lift stations accordingly in the supporting analyses to demonstrate that the low-flow design can function as desired without interference from the high-flow pump system. Please identify the most hydraulically restrictive outflow feature (e.g., low flow pump from underground system to MWS, the MWS flow control itself, or the outlet connection from the MWS to the discharge point) and model accordingly. Please also provide a manufacturer-issued stage-storage table for the proposed GeoStorage detention system.

1.11. Please reconcile the proposal to construct certain retention-type site design BMPs (e.g., permeable pavement) with the “no infiltration” condition established by the soils report.

1.12. (REPEAT COMMENT) Please revise the SWMM model in accordance with all applicable SWQMP redline comments. Please provide the complete SWMM digital file package with 08/26/2025
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ATTACHMENT B
WORK SAMPLE #2

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2. resubmittal (i.e., the .inp and .rpt files).

1.14. (UNRESOLVED) There appears to be a diversion of flow to POC 2 that has not been accounted for in the hydromodification flow control analysis. Please establish the pre- project (i.e., pre-preliminary grading) condition flows across all property lines and account for any alterations in drainage patterns to the downstream POC accordingly.

1.15. Please obtain a letter of permission from the property owner at 2133 North Santa Fe Avenue to construct any improvements that are located within the subject property and beyond the public utility easement.

Drainage Report

2.1. (REPEAT COMMENT) Please provide a written response to all drainage report comments and redlines. Very few responses were provided to comments from the prior review cycle.

2.2. Please continue to submit a completely “flat” PDF (i.e., no comments, markups, AutoCAD linework, and/or other similar features that become detectable within standard PDF viewer software) at resubmittal.

2.3. Please address all drainage report redline comments (provided as a separate PDF).

2.4. Please revise the grading plan in accordance with all redlined comments issued herein and within SWQMP Attachment 4.

2.5. (PARTIALLY RESOLVED) Please delineate all onsite areas for both the pre-project and post-project analyses AND ensure that discharge points are established for both conditions and that no adverse conditions occur as a result of development. Please account for any proposed diversions, as noted above.

2.6. (PARTIALLY RESOLVED) Please revise the Rational Method analysis per the redline comments. Please address all errors related to the pre-project HSG and other relevant factors discussed in the SWQMP and drainage report comments.

2.7. (PARTIALLY RESOLVED) Please provide inlet calculations for all proposed sumps, including the inlet at Nodes 196 (upstream) and 197. Please identify the depth and spread of flow at each inlet. Please utilize the appropriate clogging factor in accordance with the County of San Diego Hydraulic Design Manual.

2.8. (UNRESOLVED) Please revise the detention analysis as needed to properly reflect the duplex-type pump configuration for BMP 2 (as expounded upon in the comments on the hydromodification flow control analysis). Please provide the SWMM model with resubmittal.

2.9. (REPEAT COMMENT) Please discuss and illustrate how flows will escape the project site in the event of storm drain system failure or inoperability. Please ensure adequate

1.13. (UNRESOLVED) The pre-project hydrologic soil group (HSG) appears to be predominantly HSG C per the current NRCS Web Soil Survey (WSS). Please revise the analyses as needed to reflect the effective WSS.
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ATTACHMENT B
WORK SAMPLE #2

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freeboard is provided to the proposed structure in this emergency scenario.

Once all requested information is provided, additional comments may follow.

Please call if you have any questions.

Best Regards,
Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
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ATTACHMENT B
WORK SAMPLE #3
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM Date:

To:

From:

May 19, 2025
Pedro Flores, EIT
Assistant Engineer
Land Development Division, Engineering Department
City of Vista

Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering
Subject: SWQMP and Drainage Review for 1205 Melrose (LD23-029, GP23-027) – 1st Review (PC1) for Construction Change #1

1.1. Please submit a redlined version of the previously “deemed complete” SWQMP. Please provide a memorandum therein that briefly explains the proposed construction change.

Please utilize red markups to “strike” all information to be superseded within the previously “deemed complete” SWQMP, as proposed by this construction change.

Please include clouded slip sheets for all new information (new information to be added to the SWQMP may include, but is not limited to, the DMA Exhibit, typical details, DMA

tabulations, calculations, redlined grading plans, etc.).

1.2. Please address all SWQMP excerpt redline comments (provided as a separate PDF).

1.3. Please provide a written response to all memorandum and redline comments.

1.4. Please revise the typical basin section on the DMA Exhibit and the grading plans to

City of Vista Land Development Department

MEMORANDUM
Mr. Flores,
We have completed our review of the proposed construction change associated with the subject project. Based upon our review, it appears that changes are proposed to the centralized biofiltration basin (BMP 1) geometry as well as other associated changes to the interior storm drain network. Therefore, an amendment to the project-specific Priority Development Project (PDP) SWQMP and drainage report shall be prepared to document the relevant changes. We have summarized our comments as follows:

COMMENTS

1. Stormwater Quality Management Plan
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WORK SAMPLE #3

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reflect the proposed partially walled basin geometry.

2. Drainage Report

2.1. Please submit a redlined version of the previously “deemed complete” drainage report.

P
lease provide a memorandum therein that briefly explains the proposed construction change. Please utilize red markups to “strike” all information to be superseded within the previously “deemed complete” drainage report, as proposed by this construction change. Please include clouded slip sheets for all new information (new information to be added to the drainage report may include, but is not limited to, narratives, conclusions, the post-project condition exhibit, Rational Method analysis, detention routing, hydraulic grade line calculations, etc.).

2.2. Please address all drainage report excerpt redline comments (provided as a separate PDF).

2.3. Please provide a written response to all memorandum and redline comments.

2.4 Please provide an outlet design at Node 165/175 that prevents the overtopping of perpendicularly piped outflows onto the existing adjacent brow ditch.

Once all requested information is provided, additional comments may follow.

We welcome the opportunity to coordinate directly with the engineer of work to provide clarifications or address any questions on these comments.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
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ATTACHMENT B

WORK SAMPLES - CITY OF OCEANSIDE
TRWE is currently under contract to provide professional development review of Storm Water Quality Management
Plans (SWQMPs) and drainage reports. All studies are
reviewed for consistency and compliance with Region 9
MS4 permit and local regulations. Drainage studies and
design components (i.e., improvement plans, grading
plans) are cross-checked to ensure conformance. TRWE
has reviewed more than 260 studies so far.

TRWE builds working relationships with the project
applicants for each review. This direct communication
brings efficiency to the approval process, alleviates this burden from City staff, and helps minimize costs. When
facing short deadlines, TRWE adjusts staff availability and projects to ensure a timely response. Staff will often
coordinate the review workload in order to prioritize
expedited projects. TRWE promptly communicates with City staff if a deadline is not able to be met for any reason.

Project Client & Contact
City of Oceanside
Paul Pham
760-435-5030
[email protected]
Dates of Service
June 2018 - ongoing
Stormwater Land Development Review Services
Key Staff
Tory R. Walker - Principal
Alex Smith - Project
Manager/Primary Reviewer
Bryan Hill - Additional Reviewer
Total Contract Value
$1,402,000
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ATTACHMENT B
WORK SAMPLE #4
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM Date:

To:

From:

Subject:

April 12, 2024
Andrew Bartleet, EIT
City of Oceanside
300 N. Coast Highway
Oceanside, CA 92054
Alex Smith, PE, MS
Tory R. Walker Engineering, Inc.
122 Civic Center Drive
Vista, CA 92084
Preliminary PDP SWQMP for Olive Park Apartments (D24-00006) – 1st Development Plan Review (PC1)
Mr. Bartleet,
We have completed our review of the Preliminary Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) for the subject project. Based upon our review, we find the SWQMP to be incomplete at this time. We have summarized our major comments as follows:

COMMENTS

1. Stormwater Quality Management Plan

1.1. Please address all SWQMP redline comments (provided as a separate PDF).

1.2. Please submit a completely “flat” PDF (i.e., no comments, markups, AutoCAD linework, and/or other similar features that become detectable within standard PDF viewer software) at resubmittal.

1.3. Please provide a written response to all SWQMP comments and redlines.

1.4. Please revise the site development plan and drainage report as needed per SWQMP comments.

1.5. Please ensure the revised SWQMP is internally consistent and externally synchronized with all supporting reports plan sets (e.g., civil, geotechnical, landscape, architectural, etc.).

1.6. Please include the project permit number (D24-00006) in all requisite locations

City of Oceanside Engineering Department

MEMORANDUM
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WORK SAMPLE #4

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throughout the SWQMP.

1.7. Please provide a completed infiltration assessment for the project. It appears that the presence of Hydrologic Soil Group Type “A” soils within the downgradient property limits could potentially support an “unrestricted” infiltration condition. Please consider all potential areas within the project site to determine where unrestricted infiltration may be feasibly implemented.

1.8. Please complete revisions as needed to ensure that all proposed structural BMPs are sized using adequate DMA impervious, semi-pervious, and pervious values for areas within the BMP tributary that will generate runoff during storm events (may include areas above the ground-level, such as roofs, patios, etc.). Please provide supporting conceptual rooftop delineations and downspout locations. For rooftop drainage patterns that are not yet known, please provide appropriate note(s) in the SWQMP and on the plans that the assumed rooftop drainage patterns will be verified at the engineering phase. Please ensure consistency between the DMA Exhibit and supporting plans.

1.9. Please delineate, identify, and properly classify all created or replaced impervious areas associated with the “whole of the action” of the project, including areas beyond the property line. Please provide the requisite level of mitigation for all areas associated with the project.

1.10. Please document and specify how all applicable and feasible source control and site design BMPs are to be implemented throughout the larger project site on the DMA Exhibit and on the supporting forms. Please ensure all source control and site design BMPs are clearly shown and/or noted.

1.11. Please clearly delineate all proposed dispersion areas and corresponding tributary areas. Please provide SSD BMP calculations using the County of San Diego SSD BMP Tool to ensure that all rooftop/landscape areas and tree wells that are to be reserved for impervious area dispersion and/or self-retaining functionality can be feasibly implemented.

1.12. Please revise the DMA delineations as needed to reflect the drainage patterns shown on the development plan. As presented, it appears that a considerably large area within DMA 2 will drain onto DMA 3.

1.13. Please resolve reported impervious area discrepancies throughout the SWQMP and its attachments.

1.14. Please expand the hydromodification flow control analysis to include analyses at all distinct points of discharge into Loma Alta Creek. Based upon the proposed site and drainage system layout, it appears that the project features four points of compliance (POCs).

1.15. Please revise the SWMM model to utilize a single subcatchment for each DMA. Varying soil conditions within each DMA may be evaluated by utilizing area-weighted soil loss parameters. Please provide backup tabulated summaries for all area-weighted loss 08/26/2025
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parameters.

1.16. Please revise the subcatchment width parameter as needed to reflect the appropriate non-concentrated overland sheet flow length. Please note that the overland sheet flow length is not to be confused with the total length of the concentrated flow path (i.e., when flow is conveyed by gutters, swales, storm drain, etc.).

1.17. Please revise all SWMM post-project soil loss parameters within the limits of disturbance to reflect a compacted HSG Type “D” condition per BMPDM Appendix G, Section G.1.4.3. If the areas are to be re-tilled and amended per SD-4, they may be modeled to reflect HSG Type “C.”

1.18. Please include the revised tentative map and conceptual landscape plan in Attachment 4 and ensure consistency with the information provided in the SWQMP.

Once all requested information is provided, additional comments will follow.

Please call if you have any questions.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
08/26/2025
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ATTACHMENT B
WORK SAMPLE #5

WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM

Date:

To:

August 6, 2024
Edwin Medina, EIT
Associate Engineer
City of Oceanside
300 N. Coast Highway
Oceanside, CA 92054
Bryan T. Hill, PE
Project Manager
Tory R. Walker Engineering, Inc.
122 Civic Center Drive, Suite 206
Vista, CA 92084
SWQMP for Vista Way Senior Housing (G23-00032) – 3rd Engineering Review (PC3) for Onsite Improvements
From:

Subject:

Mr. Medina,
We have completed our review of the Final Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) for the subject project. It appears that few significant changes were made to the SWQMP. The resubmittal is found to remain significantly incomplete at this time. Most comments repeat from the 1st Engineering Review (memo and redlines dated December 29, 2023). Please provide a complete SWQMP revised in accordance with the following comments:

COMMENTS

1.1. (REPEAT COMMENT) Please provide a written response to all SWQMP comments and redlines.

1.2. (REPEAT COMMENT) Please resubmit a completely “flat” PDF (i.e., no comments, markups, AutoCAD linework, and/or other similar features that become detectable within standard PDF viewer software) at submittal.

1.3. (REPEAT COMMENT) Please address all SWQMP redline comments (provided as a separate PDF).

1.4. (REPEAT COMMENT) Please reassess the project DMA delineations based on the final engineering grading design. There are a few areas that appear to drain directly offsite.

Please provide additional details (i.e. offsite topography) to confirm that no run-on from City of Oceanside Engineering Department

MEMORANDUM
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the adjacent developed properties contributes offsite run-on to the project site. Please provide additional details (i.e. roof ridgelines, downspouts, etc.) that all proposed DMA boundaries are valid. See the redlines on the DMA Exhibit for additional detail. Please revise the design or clarify the design intent, and revise the DMAs accordingly.

1.5. (REPEAT COMMENT) Attachment 1e - Provide an assessment of infiltration feasibility from the soils engineer, including Form 4, Infiltration Restrictions, from Appendix D of the City of Oceanside BMP Design Manual, (as also summarized on County of San Diego Automated Worksheet B.2), and also include Worksheet C.4-1 if infiltration is feasible and proposed.

1.6. (REPEAT COMMENT) In Attachment 4, include all applicable building and landscape plan sheets, in addition to the grading plan sheets.

1.7. (REPEAT COMMENT) Grading Plans - Provide site specific construction details for the proposed underground detention system, Modular Wetland System, and tree well.

PC3 – it appears that the project is proposing a non-proprietary cast-in-place underground detention system; additional construction detail is needed. A site specific tree well detail is needed.

1.8. (REPEAT COMMENT) O&M Plan – add the O&M Plan into the SWQMP. Please confirm or clarify: will the project have a Home Owner’s Association (HOA) responsible for maintenance? Revise checklists to be specific to the project, and include maintenance guidance for the underground detention system. PC3 – additional project specific information is needed; see redlines.

Once all requested information is provided, additional comments may follow.

Please call if you have any questions.

Best Regards,
Bryan Hill, PE
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]

1.9. It appears the project is proposing to substitute Modular Wetland proprietary biofiltration systems with Biopod systems. The tentative map was approved with vegetated Modular Wetland Systems. The proposed unvegetated Biopods are not an equivalent substitution. 08/26/2025
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ATTACHMENT B
WORK SAMPLE #6
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM October 10, 2023
Paul Pham, PE
City of Oceanside
300 N. Coast Highway
Oceanside, CA 92054
Alex Smith, PE, MS
Tory R. Walker Engineering, Inc.
122 Civic Center Drive
Vista, CA 92084
SWQMP and Drainage Report for North River Farms (G22-00042, R23-00008, R22-00006, R22-00030) – 4th Engineering Plan Check for Rough Grading Plan and Offsite Improvements

1.1. (UNRESOLVED) The provided sediment loading calculations for all biofiltration BMPs serving agricultural drainage areas inadvertently “mute” the effect of the anticipated high sediment loads. To properly apply the referenced agricultural sediment loading concentration (683 mg/L), please apply to the entire tributary area. The assumed 30% imperviousness may be accounted for by applying the weighted runoff coefficient to the entire tributary area and the assumed 683 mg/L concentration (per the methodology employed by the Automated Worksheets for “Steep Hillslopes”). Sediment loading calculations may or may not include the presence of a forebay or other similar features capable of reducing annual sediment loading onto the engineered soil media footprint or other factors that may foreseeably limit the efficacy of the biofiltration performance standard specified in the MS4 Permit and City of Oceanside BMP Design

City of Oceanside Engineering Department

MEMORANDUM
Date:

To:

From:

Subject:

Mr. Pham, We have completed our review of the Final Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) and drainage report for the subject project.

Based upon our review, we find the SWQMP and drainage report remain incomplete at this time.

We have summarized our major comments as follows:

COMMENTS

1. Stormwater Quality Management Plan
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WORK SAMPLE #6

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2. Manual, Appendix F. Please refer to the redlines for additional information.

1.2. Please revise the O&M plan in accordance with the redline comments in SWQMP Attachment 3.

1.3. (REPEAT COMMENT x3) Please provide all supporting plans in Attachment 4.

1.4. (REPEAT COMMENT) Please revise the rough grading plans per redline comments in SWQMP Attachment 4.

1.5. (REPEAT COMMENT) Please revise the improvement plans per redline comments in SWQMP Attachment 4. To facilitate expedited review and rough grading plan permit issuance, please coordinate with City staff to determine if deferral of unresolved comments on the improvement plans and Green Streets BMPs is acceptable. This option will require an Amendment to this SWQMP.

1.6. (REPEAT COMMENT x2) Please incorporate the necessary Green Streets documentation and implementation for all offsite roads within the North River Farms Final SWQMP. Please quantify all created and/or replaced impervious areas associated with all offsite improvements (currently appears to total somewhere between 27K sf and 42K sf). For specified offsite improvements that cannot feasibly implement Green Streets features, please document the supporting technical constraints on SWQMP Form I-3B, Page 10 and utilize Green Streets features to effectively treat an equal (or greater) quantity of similar existing offsite impervious area (currently appears to only include Wilshire Road northerly run-on within DMA 4A). Please provide supporting plans in Attachment 4 of the G22-00042 SWQMP and include all offsite improvements on the corresponding DMA Exhibit(s).

1.7. (REPEAT COMMENT) Please verify the retention feasibility for all dispersion areas within the public right-of-way. Please assess each proposed dispersion area independently to identify location-specific constraints, such as inadequate soils, existing utilities, high groundwater, etc. Please obtain verification from the project soils engineer and the City Development Engineer for all Green Streets BMPs that propose to infiltrate stormwater within vegetated medians and/or parkways. Where infiltration is not permitted or recommended, please utilize an adequately sized underdrain system, liner, etc. as

recommended by the design professionals.

1.8. (REPEAT COMMENT) Please identify the Green Streets BMP type and limits on the corresponding improvement plan sheets. Several locations appear to be missing the requisite supporting information.

1.9. Please address all redlines (provided as separate attachments).

Drainage Report

2.1. (REPEAT COMMENT x2) The provided water surface elevation calculations for the point of interest along the western property line indicate a six-inch decrease is proposed (assuming outlet control). However, it remains unclear if entrance losses at the culvert headwall (inlet control) are considered, which may ultimately govern the water surface elevation at the headwall and onto the adjacent property. Please confirm if headwall 08/26/2025
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ATTACHMENT B
WORK SAMPLE #6

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entrance losses are properly assessed in the provided pressure flow HGL calculations or else provide a culvert inlet control calculation to verify the governing water surface elevation. If needed, please modify the proposed storm drain system design to result in no increase in inundation depth and/or limits at this location or else obtain the requisite permission to increase the inundation depth and/or limits.

2.2. (REPEAT COMMENT x2) Please utilize the appropriate impervious percentage for neighborhood and general commercial areas within the Rational Method hydrologic analysis. The assumed global impervious percentage (55%) does not apply to certain areas within the site with a greater impervious percentage.

2.3. (REPEAT COMMENT, PREVIOUSLY RESOLVED) Please synchronize the storm drain data on the plans for consistency with all supporting hydraulic calculations. Observed inconsistencies include pipe lengths, diameters, flowrates, inverts, etc.

2.4. Please address all storm drain redline comments (provided under SWQMP Attachment 4).

2.5. Please address all drainage report redlines (provided as separate attachments).

Once all requested information is provided, additional comments may follow.

We advise that the engineer of work arrange a meeting for further discussion at their soonest convenience.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
08/26/2025
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ATTACHMENT B

WORK SAMPLES - CITY OF ENCINITAS
Encinitas Professional Development
Review Services
In 2024, TRWE was selected to provide as-needed
professional development review services for the
City of Encinitas’ Engineering Department. Under
this contract, we are reviewing stormwater,
drainage, and floodplain reports for a wide range
of complex project sites, providing as-needed
consultation, checking for conformance between
submitted reports and plans (meeting local, state,
and federal requirements) whether it is for
entitlement, final engineering, or construction
changes.

Dates of Service
February 2024 - ongoing
Key Staff
Tory Walker - Principal
Alex Smith - Project
Manager/Primary Reviewer
Project Client & Contact
City of Encinitas
Leia Cabrera, PE, QSD, Senior
Engineer
760-633-2775
[email protected]
Total Contract Value
$95,500
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ATTACHMENT B
WORK SAMPLE #7
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM December 23, 2024
John Schade
Engineer
Engineering Department
City of Encinitas
Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering

SWQMP and Drainage Review for The Junkyard 22 (MULTI-006172-2023) – 1st Completeness/Compliance Review (PC1) for Onsite and Offsite Improvements Mr. Schade,
We have completed our review of the Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) and drainage report for the subject project. Based upon our review, we find the SWQMP and drainage report to be significantly incomplete at this time. Due to the omission of all supporting exhibits, attachments, and calculations, the scope of our review was highly limited. We have summarized our main comments as follows:

COMMENTS

1. Stormwater Quality Management Plan

1.1. Please provide a written response to all SWQMP memo and report markup comments.

1.2. Please address all SWQMP markup comments (provided as a separate PDF).

1.3. Please revise the civil, architectural, and/or landscape plans in accordance with all markup comments issued herein. Please ensure that all necessary base information is depicted on the plans and the DMA Exhibit and that the revised grading, improvement, and landscape plans are included in SWQMP Attachment 4.

1.4. The SWQMP must be updated accordingly with the standards established by the City’s April 2024 BMP Design Manual (BMPDM). The BMPDM is available on the City’s Engineering Standards and Guidelines website.

1.5. Please prepare a Stormwater Intake Form using the current City template. The latest

City of Encinitas Engineering Department

MEMORANDUM
Date:

To:

From:

Subject:
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WORK SAMPLE #7

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1.7. Please provide and revise the SWQMP, DMA Exhibits, and supporting plans to clearly convey and specify where and how all applicable and feasible source control (SC) and site design (SD) BMPs will be implemented in the post-construction environment. Please document applicability and feasibility on the DMA Exhibit. Please refer to City of Encinitas BMP Design Manual Chapter 4, Sections 4.2 and 4.3 for additional information on applicability of SC & SD BMPs to minimize runoff generation and pollutant loadings to the maximum extent practicable (MEP).

1.8. Please provide select building plan sheets to substantiate consistency between the DMA boundaries with the project-specific roof drainage patterns, downspout locations, and associated plumbing. On the DMA Exhibit, please depict (i.e., delineate and hatch) the rooftop, patio, and/or overhang areas as needed to reflect the story-specific exposure to rainfall (e.g., rooftop, second floor, first floor). Please update the supporting calculations as needed to reflect this change.

1.9. Please revise the landscape plan to clearly illustrate all planned stormwater BMP locations. Please provide all supporting landscape plans with resubmittal, which includes all planting areas planned to function as a biofiltration. Based upon the available landscape plan, planting areas reserved for the two biofiltration basins appear to feature tree plantings (Silk Tree, Pindo Palm, Golden Trumpet Tree, Pittosporum Tobira, and Desert Willow), which are prohibited by the BMPDM Plant List for lined biofiltration basins with underdrain. For all proposed biofiltration basin locations, please ensure that the plantings conform with the BMPDM Plant List (e.g., native grasses and shrubs).

1.10. Please provide City of Encinitas BMP Fact Sheets BF-1 and BF-2 in Attachment 1e. Please ensure that all checklists are completed and that the minimum required specifications for both the biofiltration basin and its nutrient-sensitive media design are reflected in all calculations and plans.

1.12. Please provide a complete hydromodification management analysis in Attachment 2d.

As no HMP analysis was provided with the SWQMP, comments that may implicate basin parameters were not issued during this stormwater review cycle. In the analysis, please either utilize Hydrologic Soil Group (HSG) B or else provide a written memorandum from

1.11. Please provide all DCV and structural BMP performance calculations using the County of San Diego Automated Stormwater Pollutant Control Worksheets V2.0 available on the County’s Development Resources website. Please also provide supporting sizing calculations for all onsite and offsite site design and/or Green Streets BMPs using the appropriate sizing determinations.
version is publicly available on the City’s Applications & Information website.

1.6 Please revise the project area totals to reflect the totality of all onsite and offsite disturbed, impervious, and pervious areas associated with the “whole of the action” of the project. Please be sure to include all areas along the public right-of-way that require improvement. Please ensure that all DMA types (e.g., self-mitigating, self-retaining, de minimis, Green Streets, etc.) conform to the prescribed specifications outlined in the City of Encinitas BMP Design Manual (BMPDM).
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2. 1.13. Please determine the maximum design water surface elevation (WSEL) within the basins and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s).

Drainage Report

2.1. Please provide a written response to all drainage report memo and report markup comments.

2.2. Please address all drainage report markup comments (provided as a separate PDF).

2.3. Please revise the drainage report as informed by related SWQMP comments.

2.4. Please expand the drainage report scope of discussion to include the impacts on all onsite improvements and adjacent offsite properties. Please also discuss, illustrate, and analyze how onsite and offsite flows are conveyed overland through the project site in the event of storm drain system failure or inoperability within each onsite subarea. Please ensure adequate freeboard and stabilized overland flow paths are provided for this emergency scenario that mitigate against damage to private or public property.

2.5. Please provide hydraulic calculations for all pertinent onsite and offsite storm drain infrastructure. Pertinent storm drain systems include perimeter ditches, frontage inlets, sump inlets, basin overflow risers outflow storm drain systems. Please demonstrate that all critical onsite inlet systems have sufficient capacity to intercept and convey their intended flow to the designated downstream feature(s). Please consider pressure flow where necessary (e.g., tailwater elevations, significant changes in storm drain slope, tie- in to existing offsite systems, etc.).

2.6. Please revise Rational Method parameter errors, including, but not limited to, the the soils engineer to support a different site-specific HSG classification based on the official definitions of the various HSGs per the National Resources Conservation Service (NRCS) National Engineering Handbook, Part 630, Chapter 7. If a finding cannot be made to apply a universal HSG designation to the site, a weighted HSG classification may be used as appropriate. The existing (i.e., pre-project) site soils appear to be predominantly characterized as HSG Type B, per the NRCS Web Soil Survey. The provided HSG categorization in the SWQMP is HSG Type D on the basis that the site has relatively low infiltration rates; however, this categorization does not appear to be supported by the site-specific soils report. HSGs are primarily classified by the saturated conductivity of the least transmissive soil layer within the first 40 inches of the ground surface. HSG classifications are intended to estimate the ability of surface soils to either retain or
convert direct rainfall into runoff (a process that occurs at or near the ground surface), which is considerably different than determining the infiltration capacity of soils at greater depths below the ground surface (e.g., percolation testing at depths greater than 40 inches below the ground surface for purposes of structural BMP infiltration feasibility).
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WORK SAMPLE #7

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pervious runoff coefficient and the corresponding area-weighted runoff coefficient.

2.7. Please address the apparent diversion of flow to the North Coast Highway curb and gutter system and its downstream flow path. The provided report does not include supporting exhibits or discussions on the pre-project or post-project discharge points, drainage patterns, etc.

2.9. Please revise the report to discuss, illustrate, and calculate how flows will escape the project site in the event of storm drain system failure or inoperability. Please ensure a stabilized escape path and adequate freeboard is provided to the proposed structures in this emergency scenario. This emergency scenario should neglect the interception and conveyance capabilities of all proposed inlets and storm drain and focus exclusively on surface drainage patterns that would occur across the ground surface to the surface overflow locations.

2.10. Please determine the maximum design water surface elevation (WSEL) within the basin and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s) and hydraulically adjacent finished floor elevation(s).

Once all requested information is provided, additional comments will follow.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]

2.8. Please limit the provided detention storage volume to the area available for storage during a 100-year storm event. Area available during a 100-year event excludes bioretention soil media and gravel, as ponded volume cannot access these storage layers due to the hydraulically restrictive effect of the media. If the basin media layers are to be assessed for 100-year storm capacity, please route the hydrograph using an appropriate method that can account for the hydraulically restrictive effect described above. Alternatively, consider using the County of San Diego Conjunctive Use Guidelines.
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ATTACHMENT B
WORK SAMPLE #8
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM June 5, 2024
Gabor Pakozdi, PE
Senior Engineer
Engineering Department
City of Encinitas
Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering
SWQMP and Drainage Review for Dos Lunas (LDEV-030736-2024) – 1st Engineering Review (PC1) for Onsite and Offsite Improvements

1.1. Please provide a written response to all SWQMP comments and markups.

1.2. Please address all SWQMP markup comments (provided as a separate PDF).

1.3. Please revise the grading and improvement plans in accordance with all markup comments issued herein and include within Attachment 4 with resubmittal. Please ensure that all necessary base information is depicted on the plans and the DMA Exhibit and that the revised grading, improvement, and landscape plans are included in SWQMP Attachment 4.

1.4. Please prepare a Stormwater Intake Form using the current City template. The latest

1.5. Please revise the totality of the SWQMP to reflect the engineering-level grading and improvement plans. It appears that the SWQMP and its supporting calculations are

City of Encinitas Engineering Department

MEMORANDUM
Mr. Pakozdi,
We have completed our review of the Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) and drainage report for the subject project. Based upon our review, we find the SWQMP and drainage report to be incomplete at this time. We have summarized our main comments as follows:

COMMENTS

1. Stormwater Quality Management Plan
Date:

To:

From:

Subject:
version is publicly available on the City’s Applications & Information website. 08/26/2025
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WORK SAMPLE #8

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based upon the entitlement-level plans which have since been updated and no longer reflect the site conditions as presented in the report. Please ensure consistency across all plans, reports, and calculations for DMA areas, basin footprints, etc.

1.6. Please resolve apparent discrepancies between the proposed impervious area totals reported within the SWQMP and those reported elsewhere on the supporting forms and analyses.

Please revise the project area totals to reflect the totality of all onsite and offsite disturbed, impervious, and pervious areas associated with the “whole of the action” of the project. Please be sure to include all areas along the public right-of-way that require improvement. Please ensure that all DMA types (e.g., self-mitigating, self-retaining, de minimis, Green Streets, etc.) conform to the prescribed specifications outlined in the City of Encinitas BMP Design Manual (BMPDM).

1.7. 1.8. Please revise the SWQMP, DMA Exhibits, and supporting plans to clearly convey and specify where and how all applicable and feasible source control (SC) and site design (SD) BMPs will be implemented in the post-construction environment. Please document applicability and feasibility on the DMA Exhibit. Please refer to City of Encinitas BMP Design Manual Chapter 4, Sections 4.2 and 4.3 for additional information on applicability of SC & SD BMPs to minimize runoff generation and pollutant loadings to the maximum extent practicable (MEP).

1.9. Please provide the requisite PDP stormwater mitigation for the entire property, as this project is a “redevelopment” project subject to the “50% Rule.” Please ensure all existing onsite features to remain satisfy all PDP performance standards as well as any existing/proposed pervious areas that do not meet all requisite self-mitigating, self- retaining, or de minimis criteria outlined in the BMPDM.

1.10. Please provide supporting roof plans to substantiate the provided DMA boundaries. On the DMA Exhibit, please depict the rooftop areas exposed to rainfall by superimposing the rooftop limits, high points, and downspouts over the grading plan (in lieu of the provided floor plan, which is not exposed to rainfall). Please update the supporting calculations as needed to reflect this change.

1.11. Please provide City of Encinitas BMP Fact Sheets BF-1 and BF-2 in Attachment 1e. Please ensure that all checklists are completed and that the minimum required specifications for both the biofiltration basin and its nutrient-sensitive media design are reflected in all calculations and plans.

1.12. Please reconcile the apparent conflict between the proposed self-retaining nature of DMA A and the unlined offsite tree wells with the “no infiltration” condition prescribed by the soils engineer. Please implement a liner and underdrain system unless the soils engineer can provide a supporting opinion to the contrary.

1.13. Please provide all DCV and structural BMP performance calculations using the County of San Diego Automated Stormwater Pollutant Control Worksheets V2.0 available on the County’s Development Resources website. Please also provide supporting sizing 08/26/2025
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2. calculations for all onsite and offsite site design and/or Green Streets BMPs using the appropriate sizing determinations.

1.14. Please delineate the area tributary to each specific tree well and ensure that the inlet openings can intercept and convey the water quality flowrate. Please incorporate all requisite inlet and outlet details on the improvement plans and tree species on the landscape plans.

1.15. Please revise the hydromodification flow control analysis as influenced by the comments on the SWQMP and Attachment 1. Due to the apparent inconsistencies noted in Comment 1.5, the review of the hydromodification flow control analysis was limited.

1.16. Please provide digital SWMM files with resubmittal (e.g., “.inp” and “.rpt” files). These files may be sent directly to the reviewer via email if the file types are incompatible with the City’s digital submittal guidelines.

1.17. Please revise the SWMM analysis as needed to ensure that all applicable areas are analyzed in both the pre-project and post-project conditions. Please ensure that the post-project model is updated to reflect the current structural BMP configuration. Please include the self-retaining paver area in the model.

1.18. Please determine the maximum design water surface elevation (WSEL) within the basin and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. If surface ponding is intended to inundate adjacent ground surfaces, please illustrate the limits of inundation on the plans. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s).

Drainage Report

2.1. Please provide a written response to all drainage report comments and markups.

2.2. Please address all drainage report markup comments (provided as a separate PDF).

2.3. Please revise the drainage report as informed by related SWQMP comments.

2.4. Please expand the drainage report scope of discussion to include the impacts on all upstream and downstream adjacent properties. Please also discuss, illustrate, and analyze how onsite and offsite flows are conveyed overland through the project site in the event of storm drain system failure or inoperability within each onsite subarea. Please ensure adequate freeboard and stabilized overland flow paths are provided for this emergency scenario that mitigate against damage to private or public property.

2.5 Please revise the totality of the drainage report to reflect the engineering-level grading and improvement plans. It appears that the drainage report and its supporting calculations are based upon the entitlement-level plans which have since been updated and no longer reflect the site conditions as presented in the report. Please ensure consistency across all plans, reports, and calculations for drainage areas, runoff coefficients, basin footprints, etc.
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2.6. Please prepare separate sets of hydrologic calculations using both the City of Encinitas Engineering Design Manual (EDM) and the County of San Diego Hydrology Manual (SDCHM).

Please evaluate the output from both methods to determine which provides the more conservative results and use those results to inform the storm drain system design and assess hydrologic and hydraulic impacts. For example, if the City of Encinitas method proves more conservative for storm drain sizing and hydraulic analysis and the County of San Diego Method proves more conservative for increased runoff and detention, then please use the former method for hydraulic calculations and the latter method for detention routing, respectively.

2.7. Please resolve the Rational Method analysis to resolve all errors. Noted potential errors include runoff coefficients, time of concentration calculations, etc.

2.8. Please provide a complete link-node Rational Method analysis to properly characterize onsite and offsite peak times of concentration and peak flow rates. Please assess all appropriate upstream and downstream confluences. Please ensure each subarea incorporates its own appropriate runoff coefficient and time of concentration. Please clearly label all nodes and storm drain systems on the supporting exhibits.

2.9. Please consolidate the onsite and offsite hydrologic analyses to reflect the complete pre- project and post-project hydrologic and hydraulic conditions at all distinct points of discharge.

Please determine the net changes to each distinct point of discharge, including onsite and offsite inlets. Please ensure that the peak flow rate tributary to each distinct point of discharge is no greater in the post-project condition than the pre-project condition; otherwise, please
assess peak flow increases accordingly by analyzing the entire series of impacted storm drain systems (i.e., curb, gutter, inlets, and storm drain).

2.10. Please determine the maximum design water surface elevation (WSEL) within the basin and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s) and hydraulically adjacent finished floor elevation(s).

2.11. Please provide hydraulic calculations for all pertinent onsite and offsite storm drain infrastructure. Pertinent storm drain systems include perimeter ditches, frontage inlets, sump inlets, basin overflow risers outflow storm drain systems. Please consider pressure flow where necessary (e.g., tailwater elevations, significant changes in storm drain slope, tie-in to existing offsite systems, etc.).

Once all requested information is provided, additional comments will follow.

2.12. Please discuss, illustrate, and calculate how flows will escape the project site in the event of storm drain system failure or inoperability. Please ensure a stabilized escape path and adequate freeboard is provided to the proposed structures in this emergency scenario.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
08/26/2025
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ATTACHMENT B
WORK SAMPLE #9
WATERSHED, FLOODPLAIN & STORMWATER MANAGEMENT | RIVER RESTORATION | FLOOD FACILITIES DESIGN | SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 | (760) 414-9212 | TRWENGINEERING.COM January 28, 2025
John Schade
Engineer
Engineering Department
City of Encinitas
Alex Smith, PE, MS
Project Manager
Tory R. Walker Engineering
SWQMP and Drainage Review for Burtech Mixed Use (LDEV-031334-2024 & LDEV- 031335- 2024) – 2nd Engineering Review (PC2) for Onsite and Offsite Improvements

1.1. (REPEAT COMMENT) Please provide a written response to all SWQMP memo and report m
arkup comments. Responses were not provided to the memorandum comments and many SWQMP markup comments.

1.2. (UNRESOLVED) Please address all SWQMP markup comments (provided as a separate PDF). Many markup comments were unaddressed.

1.3. (UNRESOLVED) Please revise the grading and improvement plans in accordance with all markup comments issued herein and include within Attachment 4 with resubmittal.

Please ensure that all necessary base information is depicted on the plans and the DMA Exhibit and that the revised grading, improvement, and landscape plans are included in SWQMP Attachment 4. Comments with implications on all plan sets were mostly unaddressed and supporting plans were omitted from SWQMP Attachment 4.

1.4. (REPEAT COMMENT) Please revise the project area totals to reflect the totality of all onsite C
ity of Encinitas Engineering Department

MEMORANDUM
Date:

To:

From:

Subject:

Mr. Schade,
We have completed our review of the Priority Development Project (PDP) Stormwater Quality Management Plan (SWQMP) and drainage report for the subject project. Based upon our review, we find the SWQMP and drainage report remain significantly incomplete at this time. We have summarized our main comments as follows:

COMMENTS

1. Stormwater Quality Management Plan
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ATTACHMENT B
WORK SAMPLE #9

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and offsite disturbed, impervious, and pervious areas associated with the “whole of the action” of the project. Please be sure to include all areas along the public right-of-way that require improvement. Please ensure that all DMA types (e.g., self-mitigating, self- retaining, de minimis, Green Streets, etc.) conform to the prescribed specifications outlined in the City of Encinitas BMP Design Manual (BMPDM). The reported project square footages appear to remain unchanged, and conflicts appear to remain regarding several DMAs and their categorization.

1.5. (REPEAT COMMENT) Please revise the SWQMP, DMA Exhibits, and supporting plans to clearly convey and specify where and how all applicable and feasible source control (SC) and site design (SD) BMPs will be implemented in the post-construction environment.

Please document applicability and feasibility on the DMA Exhibit. Please refer to City of Encinitas BMP Design Manual Chapter 4, Sections 4.2 and 4.3 for additional information on applicability of SC & SD BMPs to minimize runoff generation and pollutant loadings to the maximum extent practicable (MEP). No revisions appear to have been made to clarify or document specifically how SC or SD BMPs are to be implemented throughout the site.

1.6. (REPEAT COMMENT) Please provide select building plan sheets to substantiate consistency between the DMA boundaries with the project-specific roof drainage patterns, downspout locations, and associated plumbing. On the DMA Exhibit, please depict (i.e., delineate and hatch) the rooftop, patio, and/or overhang areas as needed to reflect the story-specific exposure to rainfall (e.g., rooftop, second floor, first floor).

Please update the supporting calculations as needed to reflect this change. The rooftop drainage patterns remain unsupported by the resubmittal and the requested plans were omitted from the SWQMP.

1.7. (PARTIALLY RESOLVED) Please provide City of Encinitas BMP Fact Sheet BF-2 in Attachment 1e. Please ensure that all checklists are completed and that the minimum required specifications for the nutrient-sensitive media design are reflected in all calculations and plans. The physical and chemical parameters for the nutrient-sensitive media design do not appear to be presented on any supporting plans.

1.8. (REPEAT COMMENT) Please reconcile the between the proposed onsite and offsite self- retaining permeable paver DMAs and the “no infiltration” condition established by the soils engineer. Additionally, the City has prohibited use of infiltration-type BMPs for all projects located west of Interstate 5. Therefore, the project plans and the corresponding stormwater and drainage configuration must be revised accordingly to accommodate this prohibition, and in turn, the supporting analyses must reflect these required changes.

1.9. (REPEAT COMMENT) Please provide supporting sizing calculations for all onsite and offsite site design and/or Green Streets BMPs using the appropriate sizing determinations.

Supporting information regarding the design function and/or capacity of Green Streets BMPs appears to have remained omitted from the SWQMP.

1.10. (REPEAT COMMENT) Please delineate the area tributary to each specific tree well and ensure that the inlet openings can intercept and convey the water quality flowrate.

Please incorporate all requisite inlet and outlet details on the improvement plans and 08/26/2025
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ATTACHMENT B
WORK SAMPLE #9

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2. tree species on the landscape plans. Please also conform the tree well subdrain type to the infiltration restrictions specified herein. Neither frontage delineations or tree well underdrain information appear to have been provided with the resubmittal.

1.11. (REPEAT COMMENT) Please revise the hydromodification flow control analysis as influenced by the comments on the SWQMP and Attachment 1. It appears that no revisions were made to the hydromodification flow control analysis and the intent is to defer those revisions to a subsequent submittal.

1.12. (REPEAT COMMENT) Please provide digital SWMM files with resubmittal (e.g., “.inp” and “.rpt” files). These files may be sent directly to the reviewer via email if the file types are incompatible with the City’s digital submittal guidelines.

1.13. (REPEAT COMMENT) Please revise the SWMM analysis as needed to ensure that all applicable areas are analyzed in both the pre-project and post-project conditions.

Please ensure that the post-project model is updated to reflect the required structural BMP configuration, which likely includes removal of ground-level permeable pavers.

1.14. (REPEAT COMMENT) Please determine the maximum design water surface elevation (WSEL) within the basins and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s).

Drainage Report

2.1. (REPEAT COMMENT) Please provide a written response to all drainage report memo and report markup comments. Responses were not provided to the memorandum comments and many drainage report markup comments.

2.2. (REPEAT COMMENT) Please address all drainage report markup comments (provided as a separate PDF). Many markup comments were unaddressed.

2.3. (REPEAT COMMENT) Please revise the drainage report as informed by related SWQMP comments. The drainage report appeared to be largely unchanged from the initial submittal.

2.4. (REPEAT COMMENT) Please expand the drainage report scope of discussion to include the impacts on all onsite improvements and adjacent offsite properties. Please also discuss, illustrate, and analyze how onsite and offsite flows are conveyed overland through the project site in the event of storm drain system failure or inoperability within each onsite subarea. Please ensure adequate freeboard and stabilized overland flow paths are provided for this emergency scenario that mitigate against damage to private or public property. It appears that the project may require additional fill to raise the site to the degree necessary to establish a drainage system with appropriate conveyance capacity. The site still appears to generally lack sufficient freeboard for both normal operating conditions and the emergency overland escape scenario.

2.5. (REPEAT COMMENT) Please prepare separate sets of hydrologic calculations using both 08/26/2025
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ATTACHMENT B
WORK SAMPLE #9

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the City of Encinitas Engineering Design Manual (EDM) and the County of San Diego Hydrology Manual (SDCHM). Please evaluate the output from both methods to determine which provides the more conservative results and use those results to inform the storm drain system design and assess hydrologic and hydraulic impacts. For example, if the City of Encinitas method proves more conservative for storm drain sizing and hydraulic analysis and the County of San Diego Method proves more conservative for increased runoff and detention, then please use the former method for hydraulic calculations and the latter method for detention routing, respectively. No methodological changes or comparisons appear to have been made.

2.6 (REPEAT COMMENT) Please provide a complete link-node Rational Method analysis to properly characterize onsite and offsite peak times of concentration and peak flow rates.

Please assess all appropriate upstream and downstream confluences. Please ensure each subarea incorporates its own appropriate runoff coefficient and time of concentration. Please clearly label all nodes and storm drain systems on the supporting exhibits. No methodological changes appear to have been made.

2.7 (REPEAT COMMENT) Please consolidate the onsite and offsite hydrologic analyses to reflect the complete pre-project and post-project hydrologic and hydraulic conditions at all distinct points of discharge. Please determine the net changes to each distinct point of discharge, including onsite and offsite inlets. Please ensure that the peak flow rate tributary to each distinct point of discharge is no greater in the post-project condition than the pre-project condition; otherwise, please assess peak flow increases accordingly by analyzing the entire series of impacted storm drain systems (i.e., curb, gutter, inlets, and storm drain).

2.8 (REPEAT COMMENT) Please determine the maximum design water surface elevation (WSEL) within the basin and illustrate the basin freeboard on all supporting exhibits and plans. The maximum WSEL will be the greater of the water surfaces from the hydromodification or 100-year storm routing analyses. Please ensure adequate freeboard is provided between this surface and the lowest adjacent onsite grade(s) and
hydraulically adjacent finished floor elevation(s).

2.9 (REPEAT COMMENT) Please provide detailed hydraulic calculations for all onsite and offsite storm drain infrastructure. The proposed grading appears to pose a potentially significant flood risk to onsite structures, as little to no freeboard is provided to finished floor elevations under normal operating conditions at all ground-level inlets. Additionally, the proposed small diameter (6-inch) storm drain system appears to have notably low capacity due to very mild slopes (less than 0.5%) and its alignment through one or more basin riser structures (inlet control and/or tailwater conditions may exacerbate the prevailing low-capacity characteristics further. Please complete a hydraulic grade line (HGL) analysis for the entire proposed onsite storm drain system as well as inlet capacity calculations for all onsite inlets, including the overflow capacity of the basin riser structures. Please ensure that adequate freeboard (typically one foot minimum) is provided to all structures under normal operating conditions. Please assume a 50% clogging factor for all sump inlets and provide a secondary escape pathway for these locations. Few revisions to the storm drain system were made and no hydraulic 08/26/2025
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ATTACHMENT B
WORK SAMPLE #9

Page 5 of 5 ends

calculations appear to have been provided in the drainage report.

2.10. (REPEAT COMMENT) Please revise the report to discuss, illustrate, and calculate how flows will escape the project site in the event of storm drain system failure or inoperability.

Please ensure a stabilized escape path and adequate freeboard is provided to the proposed structures in this emergency scenario. This emergency scenario should neglect the interception and conveyance capabilities of all proposed inlets and storm drain and focus exclusively on surface drainage patterns that would occur across the ground surface to the surface overflow locations. The report appears to lack discussion related to emergency overland flow path and the grading plan still appears to lack sufficient freeboard throughout the site.

Once all requested information is provided, additional comments will follow.

Best Regards,
Alex Smith, PE, MS, QISP
Project Manager
Tory R. Walker Engineering, Inc.
(760) 414-9212
[email protected]
08/26/2025
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HOURLY FEE SCHEDULE
PRINCIPAL (TORY R. WALKER) $285
SENIOR PROJECT MANAGER $255
PROJECT MANAGER (ALEX SMITH, BRYAN HILL, TINA FRANSSON) $245 SENIOR ENGINEER $225
ASSOCIATE ENGINEER $200
ENGINEER II $170
ENGINEER I $160
CADD/GIS* $160
ENGINEERING TECHNICIAN $140
ADMINISTRATIVE $120

EXPENSES

MILEAGE Current IRS Rate
DIRECT COSTS Cost + 10%
*COMPUTER-AIDED DESIGN & DRAFTING/GEOGRAPHIC INFORMATION SYSTEMS

Overtime Pay
Overtime pay is calculated at one and one half times the employee’s regular rate of pay for all hours worked over 8 hours in a day and over 40 hours in one workweek. Overtime pay shall not apply to this contract.

Service Costs
There are no service costs beyond the above stated hourly rates. *Technical support staff classifications/billing rates range from Engineering Technician to Associate Engineer. 08/26/2025
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00051960 4 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 08/26/2025
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00051960 4 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 08/26/2025
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00051960 4 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 08/26/2025
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00051960 4 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]

NOT APPLICABLE TO THIS CONTRACT

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00051960 4 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.
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Professional Services (Non-Construction) (RFP)(NPW) 1 of 9 REC CONSULTANTS, INC. [51960-2] 00051960 4

CONTRACT FOR PROFESSIONAL SERVICES

AS-NEEDED PROFESSIONAL DEVELOPMENT REVIEW SERVICES IN

RELATION TO STORMWATER DRAINAGE AND WATER QUALITY IMPACTS THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Fred Tafaghodi
Billing Contact: Fred Tafaghodi
The “Contractor”
R.E.C. CONSULTANTS, INC, a California
corporation
2970 Fifth Avenue, Suite 340
San Diego, CA 92103
Contact: Dr. Luis Parra

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “Required License” for the Services is: California Registered Civil Engineer.

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated June 10, 2025 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $750,000.00

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 months from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to 08/26/2025
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EXHIBIT 5
Professional Services (Non-Construction) (RFP)(NPW) 2 of 9 REC CONSULTANTS, INC. [51960-2] 00051960 4
the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work, or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B. For contract option years, City may approve upon Contractor’s request for an increase in the pricing in Exhibit B in the amount of the increase in the Consumer Price Index, San Diego Area for all Urban Customers (CIP-U) as published by the Bureau of Labor Statistics during the preceding year, or 3.0% whichever is less.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Vista Municipal Code Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

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Professional Services (Non-Construction) (RFP)(NPW) 3 of 9 REC CONSULTANTS, INC. [51960-2] 00051960 4

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E.

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

8.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

8.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.

9.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the 08/26/2025
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Professional Services (Non-Construction) (RFP)(NPW) 4 of 9 REC CONSULTANTS, INC. [51960-2] 00051960 4
eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

10.0 CIVIL RIGHTS

10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also 08/26/2025
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indemnify, defend, and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 08/26/2025
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14.0 FINANCIAL RECORDS

14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

16.0 CONFIDENTIALITY

16.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

19.0 DUTY OF INDEMNIFICATION

19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution (“Duty of Indemnification”). Contractor’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.

19.2 The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

19.3 Contractor’s costs of defense shall not exceed Contractor’s proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
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20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding 08/26/2025
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between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 9.]

27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Allegra Frost
20250711113334

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:

“Contractor”

R.E.C. CONSULTANTS, INC., a California
corporation

By:

Name/Title

By:

Name/Title

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00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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REQUEST FOR PROPOSALS

AS-NEEDED PROFESSIONAL DEVELOPMENT

REVIEW SERVICES IN RELATION TO

STORMWATER DRAINAGE AND WATER

QUALITY IMPACTS

DATE OF ISSUANCE
May 19, 2025

DEADLINE FOR SUBMISSION
June 10, 2025
4:00 PM
Exhibit A
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REQUEST FOR PROPOSALS (RFP)

CITY OF VISTA

AS-NEEDED STORMWATER MANAGEMENT PLAN AND DRAINAGE REPORT REVIEW

SERVICES

I.INTRODUCTION & SCOPE OF WORK
The City of Vista Engineering Department, Land Development Section, is requesting proposals from civil engineering consulting firms to provide professional development review services for:

1. Hydrology and Hydraulic Studies

2. Storm Water Quality Management Plans

3. Conformance between submitted reports and plans, and the City Municipal Code

4. Conformance between submitted Stor mwater Quality Management Plans and the Regional Water Quality Control Board, and the City’s Best Management Plan Design Manual

5. As-needed Additional Professional Development Services

The services would be awarded under non-exclusive agreements and provided on an as-needed basis. The City intends to award up to three contracts to provide the services requested for a three-year term, with an optional extension for up to two years for a maximum term of five years from the date of the contract. The City anticipates that the services provided under each awarded contract shall not exceed $750,000 over the term of the agreement. The services will be conducted under a contract with the City of Vista, hereafter referred to as “the City”. The civil engineering consultant entity is hereafter referred to as “the Consultant”.

Qualified entities are invited to submit proposals pursuant to this RFP for consideration by the City.

Consultant, upon request by the City, shall review reports, technical calculations, plans and specifications for compliance with the most recently adopted federal, state and local codes and ordinances. When satisfied that the plans and reports comply with the applicable Land Development laws of the City and State, Consultant, shall approve reports and forward reports to the City for issuance of permit.

The Consultant’s reports review letter comments shall be specific, detailed, complete, and reference plan and reports sheet numbers and code sections where applicable. The Consultant’s reports review services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign such reports.

The selected Consultant shall provide pickup and delivery/return for all plans and reports requested to be reviewed. The first plan and report check turn around shall be no more than 15 08/26/2025
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business days from pickup and the second (and any subsequent) review(s) if needed shall be no more than 10 business days from pickup.

Plan and reports check services, may include, but are not limited to the following:

 Entitlement Review including Code Requirements and Conditions of Approval for city staff, Planning Commission and/or City Council approval
 Grading Plans including preliminary grading, mass grading, rough grading and precise grading plans
 Street Improvement Plans including street widening, rehabilitation and new street plans  Storm Drainage Plans
 Checklists for determination of project category
 Storm Water Quality Management Plans
 Hydrology and Hydraulic Calculations and Reports
 Erosion and Sediment Control Plans
 Geotechnical report review
 Landscape Plans

Consultant technical report checker tasks include, but are not limited to, the following:
 To check for design conformance to:
- The approved Tentative Map including Landscape Plan
- City of Vista General Plan and City Ordinances
- City of Vista Municipal Code and Standards
- Other Agency Requirements such as Vista Irrigation District (VID), San Diego County Water Authority (SDCWA), State Water Resources Control Board (SWRCB) and CalTrans
- Conditions of Approval
- City of Vista BMP Design Manual
- Americans with Disabilities Act (ADA) Standards

 To review technical reports for sound engineering practices  To check general mathematics and design criteria
 To call for redesign of any portion of plans that:
- Will not function due to poor design
- Will be potentially unsafe to the public
- Is in violation of any applicable law, code, ordinance or standard - Does not meet the industry standard of care
- Is impractical to construct

II.CONTENT OF PROPOSAL
In order to maintain uniformity with all proposals furnished by consultants, proposals shall be limited to a maximum of 12 single-sided 8.5” x 11” pages, (excluding front and back covers, section dividers and resumes) and must include the following:

1. COVER LETTER. Consultants shall submit a cover letter that is clear, concise, complete, and that also demonstrates the qualifications and experience of consultant applicable to this project.

2. A description of the PROFESSIONAL PLAN and REPORT CHECK SERVICES LEAD INDIVIDUAL and TEAM with an ORGANIZATION CHART identifying those who will perform the technical report check services and a brief resume of each team member, 08/26/2025
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including similar type work in which they have been directly involved. Identify the Designated Lead Individual and the additional technical report checkers along with other important staff members proposed to provide said services. The Designated Lead Individual assigned to provide the services must be a California Registered Civil Engineer.

The individual should possess a four-year civil engineering degree and have 6 years of experience in plan and technical report checking, preferably in the municipal sector, and be well versed in the development plan and technical report check process. If the specific lead individual does not have 6 years of experience in plan checking, the individual may include the years of relative experience as part of the attachment. The Designated Lead Individual will be the primary contact person to represent your firm. Sub-consultants, if any, shall be identified with the same requirements as for the prime consultant. The Consultant shall submit detailed resumes for team members as an attachment (not a part of the 12 pages).

3. An abbreviated list of REFERENCES for the professional technical report check services your firm has provided to government agencies within the last 5 years. The list should include the type of services provided, the agency’s name and the name of a contact person with the contact person’s agency telephone number.

4. A statement regarding the Consultant’s concurrence with the City’s Standard PROFESSIONAL SERVICES AGREEMENT a nd INSURANCE REQUIREMENTS. The Consultant shall include a detailed description of all clauses and phrases that it deems unacceptable, and a detailed description of what changes would be requested if the City opened negotiations with the Consultant.

5. The consultant shall submit as an attachment (not a part of the 12 pages), examples of the firm’s work product for typical plan and report check services.

6. EXCEPTIONS TO RFP- The consultant shall certify that it takes no exceptions to the RFP including the Sample Agreement. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.

7. FEE SCHEDULE (separate electronic file uploaded to the City’s Electronic Bidding System, excluded from page count limit)
a. Fee Schedule - Include fee schedule of professional staff, services, and tests as applicable. Service costs are to be provided on a per hourly basis, of the plan and technical report check fees charged. The proposed rates shall clearly correlate with names and classifications of staff likely to be involved with the projects. In addition, service charge as a percentage of the plan and report check fees collected. A different percentage should be provided for a complete all disciplines review and for a single discipline review. b. Billing - The City requires that all billing for work done by the end of the billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed, review time and cycle. Final billing will be approved for payment only after a completed status report has been approved by the City.
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employees.

III.ADDITIONAL SERVICES REQUIREMENTS
The selected Consultant must comply with all applicable federal and state and local regulations, and contract provisions.

Consultant shall carry out the instructions received from the City and shall cooperate with the City and other involved agencies.

The Consultant has total responsibility for the accuracy and completeness of the plan and technical report check services and shall check all such materials accordingly. The documents will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City do NOT include detailed review or checking for accuracy. The responsibility for accuracy and completeness of such items remains solely that of consultant.

The plan and technical report check services impacts documents and technical calculations, and therefore any other documents furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.

IV.CITY RESPONSIBILITIES
The following is a list of the City’s responsibilities during the term of the agreement:

1. Provide all plans, reports and technical calculations submitted for technical report check services to the Consultant in paper or digital files.

2. Prepare and process payment requests submitted to the City.

3. Distribute public information to consultant.

V.COORDINATION
Coordination with the City, other consultants, applicants, designers and engineers along with other involved agencies may be required to achieve timely delivery of technical report check services.

The City will decide the manner in which the coordination of individual matters is undertaken. At the City’s option, coordination efforts may be performed by the Consultant’s direct contact, by the Consultant acting through the City or by the City only. When coordination efforts require agreement, such an agreement shall be coordinated through the City.

VI.PROJECT ESTABLISHMENT AND PROGRESS
The contract shall begin upon approval and execution by the City, and the Consultant shall commence building plan check review services after notification to proceed by the City.

The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City.

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The City’s schedule for this project is as follows:

City Releases RFP May 19, 2025
Deadline for Questions June 3, 2025
Proposals Due June 10, 2025, at 4:00 PM
All dates are subject to change via addenda.

VII.PROPOSAL SUBMISSION
To receive addenda and submit a proposal, Consultants shall register on the City’s Electronic Bidding System at https://procurement.opengov.com/portal/cityofvista. Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If a consultant is unable to register or download the RFP from the City’s Electronic Bidding System, a Consultant representative may contact Electronic Bidding System to troubleshoot the problem.

All proposal documents and supplementary documents must be uploaded using Electronic Bidding System prior to event date and time as instructed in this solicitation. The proposal shall be signed by the individual or, if a company, the company official with the power to bind the company in contracts. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from Electronic Bidding System.

Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum that will be provided through Electronic Bidding System to those listed on the Electronic Prospective Bidders’ List by via email.

To be considered, a proposal must be completely responsive to this RFP.

The City reserves the right to extend the date by which proposals are due.

VIII.CRITERIA FOR SELECTION
The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. An evaluation committee appointed by the Engineering Department will review the proposals. When evaluating the proposals, the City will take the following items into consideration:

1. Experience and reputation of the Consultant ’s firm and of sub-consultant firms, as evidenced by experience working with proposed sub-consultants as a team and by City’s verification of proposal information and references. (20%)

2. Experience and credentials of key personnel assigned to the technical report check services, as evidenced by their education, technical background, and experience on similar services contracts. (20%)

3. Consultant’s understanding of technical report check services, objectives and requirements as evidenced in the written Scope of Work and Work Plan narratives. (15%)

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4. Consultant’s quality of work as evidenced by example work products and samples and by reference checks. (10%)

5. Consultant’s past record of performance on similar technical report check services contracts for other agencies related to control of costs and adherence to schedules, as evidenced by reference checks. (10%)

6. Consultant’s familiarity with City requirements, specifications, and procedures, as evidenced by City’s prior experience with the Consultant. (20%)

7. Willingness of Consultant to sign City’s Standard Professional Services Agreement and provide required insurance. (5%)

Fee Schedule and Consultant Selection. The fee schedule of the top ranked consultants will be opened at the conclusion of the consultant evaluation and selection process. Fees will not be used to determine the ranking of the consultants. The City may interview a short list of top ranked qualified consultants or proceed directly to negotiating the final fee schedule with the top ranked consultant. The ultimate consultant selection will be based upon both technical merit and value to the City.

IX.ESTABLISHMENT OF FEES
The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A Work Plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Consultant's defined scope of work for the project proposal.

This information will be used by City's staff to evaluate the reasonableness of the fee proposal and will be used in negotiating the final fee amounts for the Supplemental Contract Agreements.

There will be no compensation to Consultant for hours spent due to Consultant's errors and omissions.

The Consultant's Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark-up rate for any non-labor expenses and sub-consultants. During the term of the Agreement there will be no increases to the fee schedule.

X.METHOD OF PAYMENT
The selected Consultant shall submit monthly invoices to the City. The invoice shall include a detailed breakdown of the services, the tasks, the hours, and hourly rates in accordance with Consultant’s Fee Schedule.

XI.PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for your review, as Exhibit “A”. The RFP and the Consultant’s proposal will be attached and become part of the agreement as exhibit 08/26/2025
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The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer.

Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista, its officers and employees as insured or additional insured.

For each individual project a Supplemental Agreement will be established that has a project specific scope of work and costs in accordance with the agreement’s fee schedule.

XII.DISCLOSURE
All proposals become the property of the City of Vista unless return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following.

These requirements include an exemption for “trade se crets”. If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

XIII.LATE, MODIFIED OR WITHDRAWN PROPOSAL
All proposal documents and supplementary documents must be uploaded to the City’s Electronic Bidding System, prior to event date and time as described in this RFP. Once file(s) have been uploaded and the Submission Status shows as "Submitted" the submission is complete.

Proposals received via mail, e-mail, and fax will not be accepted.

Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.

Proposals may be withdrawn at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter.

XIV.ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Principal Engineer) and an alternate, who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the notice-to- proceed through the end of the contract’s term. If the Consultant’s primary representative should be unable to continue during the contract’s term, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or subconsultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subconsultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Principal Engineer leaves the Consulting firm.

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4938-6851-3085, v. 1
XV.RIGHT TO REJECT OR NEGOTIATE PROPOSAL
The City reserves the right to delay the project or reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.

XVI.QUESTIONS ON THIS RFP
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through the City’s Electronic Bidding System .

Questions must be submitted prior to the deadline specified in the RFP Schedule, above.

Attachment(s): A- Sample Professional Services Agreement

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