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Item 7 - Approval of Agmt.; Infrastructure Eng. Corp. for Design Svc for Bowron Rd Sewer Upsize Proj., RFP 21-012November 17, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway November 17, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /,v1 Brian Banzuelo, Associate Civil Engineer (858) 668-4623 or bbanzuelo@poway.org CITY COUNCIL Approval of Consultant Agreement with Infrastructure Engineering Corporation for Design Services for the Bowron Road Sewer Upsize project, RFP No. 21-012 This Consultant Agreement will provide design services for the Bowron Road Sewer Upsize project. Recommended Action: It is recommended that the City Council approve the Agreement with Infrastructure Engineering Corporation for Design Services for the Bowron Road Sewer Upsize project, per the outlined terms of the Consultant Agreement (Attachment A), and authorize the City Manager to execute the necessary documents. Discussion: The Bowron Road Sewer Upsize project replaces surcharging pipes along Bowron Road, south of Poway Road as identified in the 2013 Sanitary Sewer Master Plan. With additional development along Poway Road, the priority of this project has been elevated. On September 28, 2020, the Development Services Department put out a Request for Proposal (RFP #21-012) for design services for the Bowron Road Sewer Upsize project and received six proposals. The project scope includes the upsizing of the sewer on Bowron Road, and replacement of an adjacent collector sewer line. After careful review of the proposals, staff determined that Infrastructure Engineering Corporation was highly qualified and the best firm to perform the design work required. Approval of this Agreement will provide professional design services for the Bowron Road Sewer Upsize project. This includes performing a preliminary investigation that will include geotechnical investigation and design survey. After the preliminary investigation, the consultant will complete the design and construction documents which are anticipated to be finalized in approximately four (4) months. The consultant will then assist City staff with construction administration tasks. 1 of 24 November 17, 2020, Item #7Environmental Review: The action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As outlined in the Agreement, the consultant's fee for design services will not exceed $89,110. Sufficient funds are available for this request as there is $400,000.00 currently available in the Bowron Road Sewer Upsize project (SWR0006). Funding for the pipeline upsizing project comes from sewer connection fees paid by new development connecting to the sewer system and not by existing ratepayers. However, during the Fiscal Year 2020-21 Operating Budget and Capital Improvement Program the funding source for the pipeline upsizing project was shown as sewer operations. Staff will adjust the funding source for this project from Fund 5200 (sewer operations) to Fund 5210 (sewer connection fees) to correct. The correction will not impact ratepayers. Public Notification: None. Attachments: A Consultant Agreement Reviewed/ Approved By: We~ Kaserman Assistant City Manager 2 of 24 Reviewed By: Alan Fenstermacher City Attorney Approved By: November 17, 2020, Item #7City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 18th day of November, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and INFRASTRUCTURE ENGINEERING CORPORATION (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant for the preparation of plans, specifications, estimates and construction administration for the Bowron Road Sewer Upsize Project (Project); and WHEREAS, Consultant is a civil engineering consulting firm and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 24 1 ATTACHMENT A November 17, 2020, Item #75. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. and expense. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4 of 24 November 17, 2020, Item #7"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1:8'.1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 3 5 of 24 November 17, 2020, Item #7years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to I ndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 4 6 of 24 November 17, 2020, Item #7( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 7 of 24 November 17, 2020, Item #7Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 6 8 of 24 November 17, 2020, Item #7Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 9 of 24 November 17, 2020, Item #7IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 24 INFRASTRUCTURE ENGINEERING CORPORATION 8 By:------------Robert Weber, President Date: ___________ _ November 17, 2020, Item #7A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the preparation of plans, specifications, estimates and construction administration services further described in the Scope of Services submitted with the proposals, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed $89,110. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of November 18, 2020 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 24 November 17, 2020, Item #7(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. ( d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 2 12 of 24 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Infrastructure Engineering Corporation 14271 Danielson Street Poway, CA 9207 4 November 17, 2020, Item #7Attachment 1 SCOPE OF SERVICES SCOPE OF SERVICES • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • IEC has prepared the following scope to be responsive to the RFP dated September 28, 2020, and the Addendum 1, dated October 14, 2020. TASK 1-PRELMINARl'DESIGNINVE TIGATION-----------~---Deliverables: Geotechnical Engineering Report City Input: Storm drain record drawings, water and sewer record drawings, attend kick off meeting. Timeline: 4 weeks Scope: Upon Notice to Proceed, IEC will initiate the following three items under Task 1. GEOTECHNICAL ENGINEERING REPORT Scop-e to prepare the geotechnical engineering report includes the following: Preparing traffic control plans and obtaining an encroachment permits from the City of Poway. It is assumed the permit fee will be waived. Obtaining a boring permit in accordance with the County of San Diego Department of Environmental Health (DEH). Obtaining utility mark-outs from Underground Service Alert of Southern California and confirming markouts with a private utility locator to locate and mark utilities in the areas of the proposed borings. Drilling two 8-inch diameter test borings in the vicinity of the planned pipeline alignment to the depths of up to about 20 feet below existing grade using a truck-mounted drill rig equipped with a hollow-stem auger Exploring and noting the subsurface conditions encountered in our borings, including pavement section thicknesses, presence of groundwater and/or seepage, as well as characterization of the subsurface materials encountered in the borings Noting above ground geologic conditions pertinent to pipeline construction, including rock outcroppings. Backfilling the test borings in accordance with the DEH permit obtained from the County of San Diego and installing the minimum 2-foot by 2-foot asphalt trench cap with Aquaphalt as identified in Addendum 1. Presenting Atlas' professional opinions in a report. The report will include: o A plot plan showing the boring locations o Exploration logs with measured pavement section thicknesses and soil characterization detailing subsurface conditions noted at the boring locations. o A description of the above ground geologic conditions. o Groundwater levels and the necessity for dewatering o Excavation characteristics of the subsurface materials encountered o Backfill recommendations and the suitability of excavated materials for use as backfill and bedding o Allowable temporary excavation side slope and shoring recommendations o Lateral earth pressures and resistance to lateral loads o Support for the pipeline o Potential pipeline settlements o Appropriate types of bedding and backfill materials as well as placement and compaction procedures o Soil modulus E' for pipeline design o Subgrade compaction beneath pavements o New flexible pavement structural sections o Corrosivity of earth materials City of Poway Bowron Road Sewer Upsize RFP #21-012 13 of 24 14 IEC November 17, 2020, Item #7SCOPE OF SERVICES AERIAL AND FIELD SURVEY Scope to plot rights-of-way and easements and perform aerial mapping and field survey includes the following. Research record maps on file with the County of San Diego for Street Right-of-way locations and adjacent property lines. Locate and tie in record monuments to orient record property boundaries, street centerlines and right of way lines. Identify existing monuments that may be destroyed by construction. Establish NAO 83 horizontal and City of Poway vertical control on the project site. Set and locate five aerial targets. Provide flown aerial mapping and photogrammetric services including 2' contour intervals and identifiable planimetry visible in aerial photography. Limited field topography along Bowron Road from the north Right-of-way of Poway Road to the south end of Bowron Road, locating surface utilities within the right of way including meters, vault boxes, cleanouts, manholes, risers, poles and markouts. Storm drain catch basin location with grate corners, invert elevations and pipe sizes, and sewer manholes with pipe sizes and invert elevations will be collected. Preparation of base map at 1 "=40' with 2' contours, existing right of way lines, centerlines, property boundaries, surface utility locations, sewer details and storm drain details. UTILITY RECORD RESEARCH Scope to perform utility record research and plot existing utilities includes the following. IEC will conduct a DigAlert design request for the project area and contact identified utility owners in the area to request record drawings of utilities. Utility record drawings will be compiled and plotted into the CAD files. Location of utilities will be noted by incorporating record information along with surveyed utility box, manhole, valve, and catch basin information. Where available due to past construction or geotechnical investigations, markouts will be utilized to clarify utility locations. Gravity storm drain systems are not identified through Dig Alert design requests. IEC will request storm drain record drawings from the City. This information will be plotted in conjunction with the storm drain inverts obtained from the field survey. TASK 2 -50o/ CONSTRUCTION ooruMENT Deliverables: Three (3) hardcopy bond sets and 1 PDF copy of project plans for City review, 50% Engineer's Opinion of Probable Construction Cost and Greenbook format specification outline. Hydraulic capacity calculations. City Input: Attend 50% Design Kickoff Meeting, provide design flows Timeline: 2 weeks (overlapping task 1) Scope: The 50% design is intended to present the proposed horizontal alignment to the City. In the case of a gravity sewer, the horizontal alignment is heavily dependent on restrictions to the vertical alignment due to existing utilities. As such, the scope for the 50% design will present the horizontal alignment and vertical alignment with enough information to express the design intent without causing substantial rework in the event the City elects to modify the proposed design. This approach is specified in more detail below. CONTRACT DRAWINGS 50% Contract Drawings will include the following. Drawings to include the following sheets o Title Sheet o General Notes and Legend Sheet o (2) Civil Sheets showing the plan and profile of the proposed sewer o ( 1) additional plan and profile sheet if the City elects to include the additive alternative of vertically relocating the existing 8" PVC sewer City of Poway Bowron Road Sewer Upsize RFP #21-012 14 of 24 15 IEC November 17, 2020, Item #7SCOPE OF SERVICES Profile sections will annotate the slopes and inverts of the proposed sewer. Inverts will be given to the center of the manhole only, inlet and outlet inverts will not be provided at this submittal level. Utility crossings will be shown in the profile. Annotations of utility crossings will not be included in this submittal. Plan view will give general offsets from the proposed sewer to existing water lines and station the proposed alignment, and edge of right-of-way. Detailed coordinate and data tables providing stationing, lengths, and coordinates will not be included at this submittal. Right of ways, easements, road names and existing utility types and sizes will be annotated. Pavement repair requirements, site specific access restrictions, conceptual bypass requirements and other site specific construction requirements will not be annotated at this submittal level. Sewer manhole rechanneling details and connection details will not be provided at this submittal level. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST The Engineer's Opinion of Probable Construction Cost will identify the major items of work and provide cost opinions based on experience with similar recently bid construction projects. SPECIFICATION OUTLINE The 50% Greenbook specification outline will identify where, in the Engineer's opinion additional specifications outside of Greenbook standard specifications will be required to adequately specify the work. Specific specification requirements are not included at this submittal. HYDRAULIC CALCULATIONS Based on the design flows provided by the City, IEC will size the proposed facilities to meet the City's design guidelines for the design of new facilities. TASK 3 -90 ~ CO <;TRUCTION DOCUMENF------------------Deliverables: Three (3) hardcopy bond sets and 1 PDF copy of project plans for City review, 50% Engineer's Opinion of Probable Construction Cost and Greenbook draft specification supplement. Updated hydraulic capacity calculations (if required). City Input: Comments provided following a one ( 1) week review of 50% design submittal. Timeline: 2 weeks Scope: The 90% design is intended to expand the proposed and approved 50% design concept to a near final design. If the 50% comments change the horizontal or vertical design, one (1) informal 50% level check set will be provided to confirm the proposed design. It is assumed that after the 50% design, or after the informal check set, if required, that no changes to the horizontal or vertical alignment will be made following 50% comments. Changes to the proposed vertical or horizontal alignment after 50% comments initiated by the City will result in additional scope and fee. This approach is specified in more detail below. CONTRACT DRAWINGS 90% Contract Drawings will include the following. Drawings to include the following sheets o Title Sheet o General Notes and Legend Sheet o (2) Civil Sheets showing the plan and profile of the proposed sewer o ( 1) additional plan and profile sheet if the City elects to include the additive alternative of vertically relocating the existing 8" PVC sewer o ( 1) Civil Details sheet showing manhole connection details and pavement repair section detail City of Poway Bowron Rood Sewer Upsize RFP #2 I -012 15 of 24 16 IEC November 17, 2020, Item #7SCOPE OF SERVICES Profile sections will annotate the slopes of the proposed sewer, inlet and outlet elevations of proposed manholes, manhole stationing, overall construction length, and proposed size, material and length of construction per sheet. Utility crossings will be shown and annotated in the profile. Plan view will give offsets from the proposed sewer to existing water lines and station the proposed alignment. Detailed coordinate and data tables will provide stationing, lengths, and coordinate points at manholes. Right of ways, easements, road names and existing utility types and sizes will be annotated. Pavement repair requirements, site specific access restrictions, conceptual bypass requirements and other site specific construction requirements will be annotated on the plan and profile sheets or on the civil detail sheet. Sewer manhole rechanneling details and connection details will be shown on the civil detail sheet. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST The Engineer's Opinion of Probable Construction Cost will identify the major items of work and provide cost opinions based on experience with similar recently bid construction projects with additional backup in the form of "design level quotes" for major material items such as sewer pipeline and manholes from local vendors. SPECIFICATION SUPPLEMENT TO GREENBOOK The 90% proposed supplement to Greenbook specifications will provide detailed specifications to supplement the standard greenbook specifications. HYDRAULIC CALCULATIONS Updated hydraulic calculations will be provided if required due to a change in horizontal or vertical design following the 50% review. TASK 4 -l 00°1 co ST 'JCT O DC'Cl.iMENT ...---Deliverables: Three (3) hardcopy bond sets and 1 PDF copy of project plans for City review, 50% Engineer's Opinion of Probable Construction Cost and Greenbook specification supplement. City Input: Comments provided following a one (1) week review of 90% design submittal. Timeline: 2 weeks Scope: The 100% design is intended as a check set prior to the Bid ready set provided in Task 5. Changes to site specific requirements will be incorporated into this set for City review. Changes to the proposed vertical or horizontal alignment initiated by the City at this design level will result in additional scope and fee. This approach is specified in more detail below. CONTRACT DRAWINGS 100% Contract Drawings will include the following. Drawings to include the following sheets o Title Sheet o General Notes and Legend Sheet o (2) Civil Sheets showing the plan and profile of the proposed sewer o (1) additional plan and profile sheet if the City elects to include the additive alternative of vertically relocating the existing 8" PVC sewer o ( 1) Civil Details sheet showing manhole connection details and pavement repair section detail Plan sheets will include the same level of detail as shown in the 90% submittal with City comments specific to site specific conditions incorporated. City of Poway Bowron Road Sewer Upsize RFP #21-012 16 of 24 17 It IEC November 17, 2020, Item #7SCOPE OF SERVICES ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST The Engineer's Opinion of Probable Construction Cost will identify the major items of work and provide cost opinions based on experience with similar recently bid construction projects with additional backup in the form of "design level quotes" for major material items such as sewer pipeline and manholes from local vendors. Site specific conditions will be further detailed and cost opinions for such will be validated internally by IEC's construction management division. SPECIFICATION SUPPLEMENT TO GREENBOOK The 100% proposed supplement to Greenbook specifications will incorporate comments to the 90% detailed specifications to supplement the standard Greenbook specifications. TASK 5 -B D DOCUMENT--------------------Deliverables: Mylars signed by IEC's Project Manager and ready for the City Engineer's signature. Bid ready Supplement to the Greenbook. Engineer's Opinion of Probable Construction Cost. City Input: Comments provided following a one (1) week review of 90% design submittal. Timeline: 1 week Scope: At the 100% design level, it is assumed that no major construction components will be added or removed from the project. The Bid Documents will reflect only minor comments made by the City to site specific conditions. Changes to the proposed vertical or horizontal alignment initiated by the City at this design level will result in additional scope and fee. This approach is specified in more detail below. CONTRACT DRAWINGS 100% Contract Drawings will include the following. • Drawings to include the following sheets o Title Sheet o General Notes and Legend Sheet o (2) Civil Sheets showing the plan and profile of the proposed sewer o (1) additional plan and profile sheet if the City elects to include the additive alternative of vertically relocating the existing 8" PVC sewer o ( 1) Civil Details sheet showing manhole connection details and pavement repair section detail Plan sheets will include the same level of detail as shown in the 100% submittal with final City comments incorporated. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST The Engineer's Opinion of Probable Construction Cost will identify the major items of work and provide cost opinions based on experience with similar recently bid construction projects with additional backup in the form of "design level quotes" tor major material items such as sewer pipeline and manholes from local vendors. Site specific conditions will be further detailed and cost opinions for such will be validated internally by IEC's construction management division. SPECIFICATION SUPPLEMENT TO GREENBOOK The Bid ready supplement to Greenbook specifications will incorporate comments to the 90% detailed specifications to supplement the standard Greenbook specifications. TASK6 BIDDING AND BID REVIEW-----------Deliverables: One Addendum if required. City Input: Provide Contractor questions with at least one week (five business days) time to prepare Addendum. 18 -------------•. City of Poway Bowron Road Sewer Upsize RFP#2l-Ol2 IE( 17 of 24 November 17, 2020, Item #7SCOPE OF SERVICES Timeline: 1 week for addendum, assuming no major alignment changes. Scope: A time and materials allowance scope is provided to assist the City during the bid process. This time and materials allowance includes the production of one Addendum to address questions submitted by bidders. Changes to the design initiated by the City at this point is not included in this scope. TAS 7 -cc I T ~TON AD INI T TIO -------Deliverables: Twenty-five (25) submittal reviews and two (2) responses to requests for information. Attendance at the Pre-Construction Conference and up to two (2) construction progress meetings. City Input: Provide construction submittals and RFls. Timeline: Submittal responses within 14 days. Review of pothole information minimum 14 days. Review of pothole information should be in advance of ordering construction materials. RFls, 3 day response. Scope: A time and materials allowance scope is provided to assist the City during the construction time period. This time and materials allowance includes the review of up to twenty-five submittals and two responses to RF ls. Additional submittal reviews or RFls will result in additional scope and fee. Tl rK E~" -----------------------------Deliverables: Signed mylar record drawings. City Input: Provide construction redlines. Timeline: Fours weeks following receipt of construction redlines. Scope: Minor changes to the alignment or conditions will be documented in the record drawings and a signed record set of mylars will be provided to the City. ADDITIVE ALTERNATE -ADDITIOI\V\L SEWER LINE----Deliverables: Additional deliverables will be included in Tasks 2-8 if the City elects to proceed with this additive alternate. City Input: Identify intent to proceed with additive alternate. Outreach to community in advance of construction. Timeline: No impacts to timeline would be incurred via the inclusion of this additive alternate. Scope: The proposed additive alternate would include the vertical relocation in place of an additional 480 feet of existing 8" PVC sewer. The sewer currently discharges into the Bowron Road Trunk Sewer via a drop connection. However, laterals on the existing sewer connect at an elevation which incurs surcharging into the laterals during high flow. The alternative would lower the existing 8" sewer along the existing alignment (per field review, insufficient space exists along the easement for parallel relocation of the existing sewer, although this can be verified during design) to eliminate the surcharging of laterals during high flow conditions. Additional scope would include aerial mapping and field survey of the additional length, hydraulic calculations of the new proposed sewer, and one additional design drawing included at each submittal level and at submittal of record drawings. No change to scope regarding specifications, cost opinions, bid review, or construction administration would be required. City of Powoy Bowron Rood Sewer Upsi:z:e RFP #21-012 18 of 24 19 fEC November 17, 2020, Item #7SCOPE OF SERVICES IEC 2020 HOURLY CHARGE RATE & EXPENSE REIMBURSEMENT SCHEDULE••••••••••••• 2020 HOURLY CHARGE RATE & EXPENSE REIMBURSEMENT SCHEDULE ENGINEERING ENVIRONMENT Al Engineering Intern/Technician ......................... $ 85 Intern/Technician ............................................ $ 80 CADDDesignerl/Engineerl.... . ................ $ 135 Technical Editor.. .. ................ . ................... $ 110 CADDDesignerl I/Engineerll ............................ $ 150 Env Specialist I/Project Coordinator I. ............ $ 125 CADDDesignerlll/Engineerlll. ........................ $ 160 GraphicArtist............. . ....................... $ 120 Project Designer... ...... $ 165 Lead Technical Editor .................................. $ 130 Senior Designer/Project Engineer .................... $ 175 Env Specialist II/Project Coordinator 11. ..... , ...... $ 145 SCAOA Specialist.... . .. . .. . .................... $ 180 Env Specialist Ill/Project Coordinator 111 ......... $ 155 Senior Project Engineer...... . . ...................... $ 190 Project Manager. ............................................. $ 215 Project Manager. ............................................. $ 225 Senior Project Manager .................................. $ 235 Senior Project Manager.... . ............. $ 235 Principal....... . . ........ $ 250 Principal...... . . .... $ 260 PROGRAM MANAGEMENT SURVEYING Assistant Program Manager ......................... $ 155 Survey Assistant I ... .. ... ..... ... ... .. ... .. ...$ 125 Program Manager ......................................... $ 170 Project Surveyor.................. . ...................... $ 145 Senior Program Engineer.... . ............. $ 180 Principal Surveyor.......... .... ....... ..... . .. $ 175 Senior Program Manager ............................ $ 190 Field-1 Person" .............................................. $ 175 Principal .................... _ ................................. $ 260 Field-2PersonCrew" ..................................... $ 260 FLOW MONITORING *CONSTRUCTION Field Technician I.......... . ............................ $ 80 Assistant Labor Compliance Coordinator. ........ $ 115 Field Technician 11 ............................................ $ 100 Senior Labor Compliance Coordinator... . .... $ 140 Field Technician 111.................. ...... . ..... $ 110 Assistant CM Coordinator....... . .............. $ 115 Field Supervisor.............. . ................... $ 125 CM Coordinator. . . ... ... . . ....... ... .. ......... $ 125 Field Operations Manager. .. ............. $ 160 Senior Construction Inspector. ....................... $ 155 ProjecUData Manager... . ........ $ 180 Resident Engineer....... . ......................... $ 165 Construction Manager.... .. ........ $ 200 ADMINISTRATIVE Senior Construction Manager. . ........... $ 210 Word Processor/ Administrative Support. ........ $ 100 Subconsultants will be billed at cost plus 10% unless specified otherwise in the agreement. All base rates will escalate by 3% per annum. * Field personnel rates are inclusive of vehicle, mileage, phone, computer, survey equipment, etc. Inspection rates shown are for prevailing wage projects. Inspection rates for overtime are $30 dollars an hour more than the listed rate. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 15%. Mileage will be billed at the current IRS allowed rate. 01/21/2020 20 -----=a.~---------=-==---111 City of Poway Bowron Rood Sewer Upsixe RFP #21-012 IE( 19 of 24 November 17, 2020, Item #7N 0 0 -h N ~ Task 1 2 3 4 5 6 7 8 TaskiSubtask Description Preliminary Design Investigation Geotechnical Engineering Survey Utility Research Utility Mapping Project Management !SO% Construction Documents 50% Plans 50% Cost Ooinon 150% Specification Outline Project Management 90% Construction Documents 90% Plans 90% Cost Opinon 90% Specifications Proiect ManaQement 100% Construction Documents 100% Plans 100% Cost Qpinon 100% Specification Oulline Project Management Bid Documents Bid Ready Plans Bid Ready Cost Opinion Bid Ready Specifications Project Management Bid Documents Addendum ( 1 l Construction Administration Pre Construction Conference Submittals (25) RFls (3) Record Drawinas Record Drawings Task Subtotal . Hours Task Subtotal• Costs Project Manager $225 00 1 2 1 2 2 2 3 1 3 6 2 4 2 4 6 1 42 CITY OF POWAY Bowron Road Sewer Upsize IEC Fee Proposal Project Engineer Engineer Ill !Designer CAD II Designer $175.00 $150.00 I 1 4 20 2 32 8 6 I 20 I 12 16 ! 16 I I 8 I 8 16 8 16 12 3 25 4 18 4 16 125 150 $9,450 $21,875 $22,500 Page 1 of2 Admin $100.00 8 4 2 1 4 19 $1,900 Subtask Subtask Direct Cost Subcontract Labor-Hours Labor Cost 0 $0 $0 $17,168 0 $0 $2,310 $6,332 9 $975 $0 $0 25 $3,925 $0 $0 2 $450 $0 $0 34 $5,150 $0 $0 9 $1,625 $0 $0 8 $1,500 $0 $0 2 $450 $0 $0 20 $3,000 $0 $0 12 $2,100 $0 $0 22 $3,650 $0 $0 3 $675 $0 $0 16 $2,400 $0 $0 8 $1,400 $0 $0 11 $1,825 $0 $0 3 $675 $0 $0 17 $2,500 $0 $0 8 $1,400 $0 $0 26 $4,550 $0 $0 2 $450 $0 $0 16 $2,700 $0 $0 5 $975 $0 so 29 $5,275 $0 $0 28 $4.750 $0 $0 21 $3,325 $0 $0 336 --.::>-<: $55,725 $2,310 $23,499 TOTAL FEE (Excluding Optional Tasks) Total Cost $31,159 $17.168 $8,642 $975 $3,925 $450 $8,725 $5,150 $1,625 $1,500 $450 $9,425 $3,000 $2,100 $3,650 $675 $6,300 $2,400 $1,400 $1,825 $675 $8,900 $2,500 $1,400 $4,550 $450 $2,700 $2,700 511,000 $975 $5,275 $4,750 $3,325 $3,325 $81 ,534 $81,534 ):> .... .... DJ n ::::r 3 CD ::l .... 9'.) November 17, 2020, Item #7I\) ...Ji. 0 .... I\) ,1:1,. A1 OPTIONAL TASKS Additional a~ Sewer Task 1 -Survey/Utility Mapping Task 2 -50% Design Task 3 -90% Desiqn Task 4 -100% Design Task 5 . Bid Documents Task 8 -Record Drawinqs 1 1 Task Subtotal• Hours 2 Task Subtotal. Costs $450 CITY OF POWAY Bowron Road Sewer Upsize /EC Fee Proposal ! 6 1 8 2 6 1 4 I 4 4 4 32 $700 $4,800 Page 2 of2 0 $0 S7,576 6 $900 $473 $1.754 $3,126 10 $1,600 $0 $0 $1,600 8 $1.250 $0 $0 $1,250 6 $1,000 $0 $0 $1,000 4 $600 $0 $0 $600 4 $600 $0 $0 $600 38 :::::::,.-::::: :::::=,-c:::: .><:::. $5,950 $473 $1.754 $7,576 TOTAL FEE (Including Optional Tasks) $89,110 November 17, 2020, Item #7EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 22 of 24 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with November 17, 2020, Item #7Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 23 of 24 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 November 17, 2020, Item #7Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (£)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 3 24 of 24