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Item 8 - Approval of Agmt with Balance Hydrologics; Design for Rattlesnake Creek 30% Design; RFP 22-014January 18, 2022, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway January 18, 2022 Honorable Mayor and Members of the City Coun~l,A Robert Manis, Director of Development ServicesfN 1 Andrea Thomas, Associate Civil Engineer n,A-(858) 668-4605 or athomas@poway.org WO \ CITY COUNCIL Approval of Consultant Agreement with Balance Hydrologies, Inc. for Design Services for the Rattlesnake Creek 30% Design project; RFP No. 22-014 In November 2021, the Development Services Department issued a Request for Proposal (RFP No. 22-014) for environmental and engineering design services for the Rattlesnake Creek 30% Design. This action will approve the Consultant Agreement with Balance Hydrologies, Inc. to provide environmental and engineering design services for the project. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with Balance Hydrologies, Inc. for environmental and engineering design services for the Rattlesnake Creek 30% Design per the outlined terms of the Consultant Agreement (Attachment A), with a not-to-exceed amount of $95,445.00. Discussion: Staff submitted a grant application to California Office of Emergency Services (CalOES) for consideration of hazard mitigation grant funding for the Rattlesnake Creek project. CalOES deemed this project eligible for review by the Federal Emergency Management Agency (FEMA) to receive potential grant funding. If grant funding is awarded, FEMA would reimburse 75% of costs associated with this project. The design of this project associated with this contract is an eligible expense and would count towards the City's 25% match. The current condition of the Rattlesnake Creek drainage channel from Budwin Lane to Midland Road has been identified as a potential hazard. The creek has exhibited evidence of severe erosion to the structure of the creek and deterioration of the habitat it contains. The initial evidence was found in 2017, when the roots of a mature tree were undermined causing it to overturn and break an adjacent sewer line. Staff subsequently began the due diligence necessary to avoid future service interruption and protect the creek habitat as a functional drainage facility. Due to several more trees along the banks having potential to do similar damage, City Staff 1 of 21 January 18, 2022, Item #8recommended the creek be analyzed for possible hazard mitigation action. In June of 2020, the Rattlesnake Creek Geomorphic Channel-Integrity Study was completed and the best long-term option to avoid future failures was to restore the creek to a state that would be more resilient to heavy rain events. The scope of work for this consultant is to develop a 30% design inclusive of wet season flow monitoring, biological surveys, and hydraulic modeling. This preliminary design effort will help staff establish a fully realized project scope. As part of the grant application process, a benefit cost analysis was performed to represent the hazard mitigation benefits of the proposed project. The studies performed during this stage will validate the analysis. Once the design is advanced to 30%, engagement with the regulatory agencies can begin. Early engagement will confirm the project's compliance with current permitting requirements and guide design decisions to avoid unnecessary environmental impacts. It would also support subsequent grant applications, should the current grant application not be awarded. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Agreement. The not-to-exceed amount of $95,445.00 for professional services will be the basis for this effort. Funds totaling $150,000.00 are available in the Rattlesnake Creek Streambank (DN007) project account. Public Notification: None. Attachments: A. Consultant Agreement Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: CWJ City Manager January 18, 2022, Item #8City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BALANCE HYDROLOGICS, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to prepare a 30% Design for the Rattlesnake Creek Rehabilitation Project (Project); WHEREAS, Consultant is an environmental consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 21 ATTACHMENT A 1 January 18, 2022, Item #85. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 21 2 January 18, 2022, Item #8"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 21 3 January 18, 2022, Item #8years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements ( collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 21 4 January 18, 2022, Item #8(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21 5 January 18, 2022, Item #8Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of 21 6 January 18, 2022, Item #8Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 21 7 January 18, 2022, Item #8IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney 10 of 21 BALANCE HYDROLOGICS, INC. By: ___________ _ Edward Ballman, Principal Engineer Date: ___________ _ 8 January 18, 2022, Item #8A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the 30% design services further described in the Scope of Services submitted with the proposals, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals, which are included in this document as Attachment 2. Total fee is not to exceed Ninety-Five Thousand Four Hundred Forty-Five ($95,445). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of February 1, 2022 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 21 1 January 18, 2022, Item #8(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 21 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Balance Hydrologies, Inc. 800 Bancroft Way, Suite 101 Berkeley, CA 94 710 January 18, 2022, Item #8Attachment 1 7.) Scope of Services We have identified five work tasks to support the development of a 30% design package for the braided-channel option: ( 1 ) hydrologic monitoring, (2) management of baseline topographic data collection and tree assessment (to be completed by other City consultants), (3) design development and hydraulic modeling (4) 30% design package preparation, and (5) regulatory agency presentation We have prepared a work plan to address these project goals and objectives: Scope of Work Task 1. Hydrologic Monitoring We propose a streamlined hydrologic-monitoring plan to collect creek level, creek flow, and high-water-mark (HWM) information over the 2021 -2022 winter season, which will be used to inform subsequent design development and modeling tasks related to the Rattlesnake Creek Restoration Project. Balance staff will be onsite to install the hydrologic monitoring equipment. In order to have a quick response to flashy storms, we are partnering with Anchor QEA to provide monitoring observations, including water depth and velocity during up to three storm runoff events. · The data will also provide the City with information about 'their creeks in general, resulting in a better overall understanding of rainfall-runoff processes. In addition, monitoring data will benefit the restoration permitting process by early-establishment of a monitoring program that would ideally continue through required post-project monitoring. Task 1-1. Hydrologic Monitoring Station Installation Hydrologic monitoring equipment will be installed in the project reach during a site visit. At Midland Road bridge, a staff plate (to record water surface elevation), stilling well (i.e., PVC pipe), and water level instrumentation (i.e., water-level sensors and a datalogger) will be installed and maintained during the contract period. At Budwin Lane and at the upstream end of the reach, staff plates will be installed. At each staff plate, channel cross-sectional dimensions will be recorded, and velocity measurement locations established. Budget Table 3 (enclosed) includes equipment rental expenses for hydrologic monitoring. Deliverable: Installation and maintenance of one hydrologic monitoring station and two additional staff plates. Task 1-2. WY2021 Field Activities Site visits during or shortly after storms during water year2 2022 (WY2022) rainy season will be used to collect data over a range of runoff conditions for use in calibrating the existing and proposed conditions hydraulic models. Anchor QEA subconsultant staff members and Balance personnel work together to identify 3 runoff events that will trigger site visits to 2 California's "water year" runs from each October 1 through September 30 of the designation year. WY2022 runs from October 1, 2021 through September 30, 2022. 12 City of Poway www.balancehydro.com 13 of 21 January 18, 2022, Item #8.:~t Balance Cif; Hydrologies"' measure surface velocity and water surface elevation observations at each staff plate. Velocity measurements will allow estimation of flow rates (when paired with a cross section. Additional tasks during storm visits will include walking the project site to document and mark HWMs and erosive activity (where possible to see) and downloading datalogger information. All site visits will include digital documentation; measurements and site observations will be recorded in an Observer's log. Deliverable: Observer's log (record of site visits and measurements) for WY2022. Task 1-3. WY2022 Data Management and Reporting We will utilize the data collected during rainy season WY2022 to develop an approximate stage-to-discharge relationship ("rating curve") for the Midland bridge monitoring station based on data logger information, staff plate readings and velocity measurements. A record of estimated stream discharge will be derived by applying the rating curve to the record of water levels measured by the datalogger. Data will be used to create an approximate streamflow record for the time period of gage installation; the focus of the effort will be on higher flows, which may inform the hydraulic modeling depending on the season. Deliverable: A technical memo will be prepared that contains the Observer's Log and a streamflow summary for WY2022. Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Data Collection We found in our earlier work with the City that existing topographic data are not sufficient for design and hydraulic modeling purposes. We will manage the work effort of a City sub-contracted California-licensed professional land surveyor by providing a work plan, developed in coordination with the City, for topographic data to be collected. We will meet remotely to clarify project needs and methods, and to identify important information to be collected. In addition to topographic information related to the creek bed and banks and overbank areas pertinent to modeling and the conceptual designs, the surveyor will survey-in the locations of staff plates for the hydrologic monitoring effort. The surveyor will also collect data on the location of trees within the project boundary as identified in coordination with the. The surveyor's deliverable shall include topographic data, tree locations, and staff plate elevations suitable for integration into the project basemap. Balance will guide collection of survey data and integrate the survey data into the project topographic basemap3• Deliverable: Work plan for a sub-contracted surveyor, remote meeting to clarify project needs, and integration of survey data into the project basemap. Task 2-2. Tree Assessment The project site contains native trees (such as Coast Live Oak, Canyon Live Oak, Englemann Oak, and California Sycamore) that may be considered "Heritage trees" by the City-4, as well as non-native eucalyptus, pepper, and other species. The Option B design will utilize portions of the south bank area. Therefore, identification and assessment of trees and other vegetative species of interest by an arborist is needed for this project. We will manage the work effort of a City sub-contracted arborist by providing a work plan, developed in coordination with the City, for tree data to be collected. We will provide a work plan for a City sub-contracted arborist that will identify the assessment boundary and methods, and in consultation with the City, on goals for preservation and/or potential for tree removal. The deliverable from the arborist shall be a brief memo with recommendations of trees to avoid and root protection distances (drip line) for trees that may remain in place but could be affected by the design. Deliverable: Balance will integrate tree assessment information into the anticipated project construction envelop of Option B for review of quantities and species of trees that may be affected and required replacement ratios .. 3 The USGS San Diego LiDAR dataset (collected in 2014/2015 and published in March 2020) may be used as supplemental topographic information, as needed. 4 Per City of Poway Municipal Code, Chapter 12.32, Urban Forestry. www .balancehydro.com 14 of 21 Rattlesnake Creek 30% Design -RFP #22-014 13 January 18, 2022, Item #8~J~ Balance {~ Hydrologies"' Task 3. Design Development and Hydraulic Modeling Task 3-1. Existing Conditions Hydraulic Model Development Balance staff will develop an existing conditions model to aid in understanding the hydraulic behavior of the stream corridor under current conditions. The "existing condition" for this model run will be considered the condition before the grade controls collapsed and channel erosion occurred, in keeping with the currently-effective FEMA Flood Insurance Study (FIS). The model will be built using the U.S. Army Corps of Engineers HEC-RAS software platform, using information from the project basemap developed during the baseline data collection task, and data from the FEMA FIS and the FEMA effective model (which will be requested). The model will be run using appropriate flow hydrogrophs. Model results will allow on examination of predicted hydraulic depth, velocity, and shear stress values. Results may also identify where overbank flow occurs under current conditions and locations to route flows onto and off the Option B south bank floodplain. Deliverable: Technical results from the existing conditions model will be included in the design basis report. Task 3-2. Proposed Conditions Hydraulic Model Development Using the HEC-RAS existing conditions model as a base, we will develop a proposed conditions model using the Option B restoration concept to characterize key hydraulic parameters that will be considered during the design process. Running a proposed condition model will allow for early refinement of the preferred alternative design details (Task 3.4) as well as to verify achievement of a "no-rise" FEMA condition. Additionally, using shear stress results from the proposed conditions models, we will estimate changes in sediment transport characteristics for typical bed material size classes found just upstream where sediment tends to accumulate. By analyzing how the design may alter the ability of the Budwin Lane reach to transport sediment, we may be able to highlight potential areas of concern for scour /erosion or deposition and adjust the design accordingly. Deliverable: Technical results of the proposed conditions model will be included in the design basis report. Task 3-3. Flood Modeling and Analysis This reach of Rattlesnake Creek is mapped in a Zone AE Special Flood Hazard Area, which is defined as on area subject to inundation by the 1-percent-annual-chance flood event that is determined by detailed methods and includes base flood elevations (BFEs). This reach also has a defined jurisdictional floodway, and any encroachments therein would trigger a FEMA letter-of-map-revision (LOMR) process unless it can be demonstrated that there is "no-rise" in BFEs via a certification process5, meaning that the l 00-year water surface elevations in the project vicinity do not increase as a result of the proposed project. At this early stage in the project, a "no-rise" restoration design configuration for Option B appears feasible. The FIS l 00-yeor design event discharge value will be run in the existing and proposed conditions models to establish water surface elevations for both conditions at the site, These elevations will be compared to demonstrate that the "no-rise" condition is met. Use of the U.S. Army Corps of Engineers HEC-RAS software platform will assure that analyses are completed in a format that can be used for coordination with FEMA with respect to floodplain mapping requirements and criteria (if necessary). This task will be completed in conjunction with the other modeling tasks so that flood-control considerations ore incorporated into the project design, alongside other restoration design objectives. Assumption: A "no-rise" approach is accepted under the City of Poway floodplain ordinance6• Deliverable: Existing and proposed conditions 100-year event model results will be included in the design basis report. 5 The certification will eventually require review and approval by the City floodplain manager (or equivalent staff member). 6 The City ordinance ( 16.88.060) states: "Floodways. Prohibit encroachments, including fill, new constructi;n, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge." 14 City of Poway www .balancehydro.com 15 of 21 January 18, 2022, Item #8~/~~-Balance (11:; Hydrologies'" Task 3-4. Preferred Alternative Design Refinement Balance will utilize the information gained from hydrologic monitoring (Task 1 ), topographic survey and tree assessment (Task 2), findings from the existing and proposed conditions hydraulic models (Tasks 3.1 and 3.2) and the 100-year flood analysis (Task 3.3) to refine the braided channel design, with an emphasis on longitudinal slope stability, cross-sectional bank stability, no adverse flood impacts, and establi_shment of south overbank flow pathways at various elevated flows. Refinement of the design will depend on information gained from the hydraulic models, and thus these modeling and design refinements are related through an iterative process. Our budget accounts for one round of refinement for the 30% design package. Deliverable: Design details will be included in the 30% design package. Task 4. 30% Design Package Preparation Task 4-1. 30% Design Plans A 30% design pion set will be developed for the Option B braided channel concept that reflects the refinement process described in Task 3.4 and flooding considerations in Task 3.3. Anticipated sheet count is as follows: Plan Sheet Category Cover sheet and general notes Site preparation and staging/ access plans (includinq mobilization/demobilization and diversion/dewoterinqJ Grading and layout plans Cross-sections and profiles Construction details and typicals (including the stormwoter outfall and at the Budwin Lone tributary) outfall Deliverable: 1 0 sheets containing the 30% design plans. Task 4-2. 30% Cost Estimate and Notes Total Number of Sheets 1 2 3 2 2 10 Thirty-percent quantities and other design details to be used for cost estimating will be developed, building on the preliminary cost estimate included in the Geomorphic Channel-Integrity Study and the work described in Task 3. We will also refine the cost estimate in conjunction with development of the 30% design plans and will prepare preliminary construction notes to accompany the plans. Deliverable: 30% design cost estimate and preliminary notes. Task 4-3. 30% Design Basis Report Preparation The 30% Design Basis Report (DBR), which will include 30%-level engineering and geomorphic feasibility details) will focus on presenting the technical bases, as developed in the work plan outlined in this proposal and our previous Geomorphic Channel-Integrity report, which support restoration concept Option B and the 30% design package. The DBR will support the City and the permitting process by providing regulatory agencies and other stakeholders with information and conclusions related to completed hydrologic, hydraulic, and engineering analyses described above. Our budget accounts for one round of external review by City staff prior to finalization of the 30% design basis report. Deliverable: 30% design basis report will include technical details as described in the above tasks. www.balancehydro.com 16 of 21 Rattlesnake Creek 30% Design -RFP #22-014 15 January 18, 2022, Item #8· Balance -= ~ Hydrologies"' Task 5. Regulatory Agency Presentation Task 5-1. Regulatory Agency Engagement A PowerPoint presentation will be developed that provides as overview of the tasks described in this work plan that will be used to introduce the project and project proponents to the regulators early in the design development process. This meeting gives regulators a chance to informally review and comment on design direction, which will ultimately guide subsequent design levels and upcoming permitting submittals. Guidance on environmental review and permitting requirements will be needed to understand regulatory opportunities and constraints related to the design process. Balance personnel will work with a City permitting specialist to communicate technical information to regulators. Deliverable: One PowerPoint presentation and participation at one regulatory agency meeting. Task 6. Estimated Schedule We are prepared to begin work upon contracting with the City. The proposed schedule, below, is an estimate of time required to complete each task and a possible timeframe for that work. In concert with the City, we reserve the right to make schedule adjustments if found necessary. For instance, the on-going COVID-19 pandemic may lead to schedule adjustments beyond our control, as travel and access to the site may continue to be affected. 16 17 of 21 Project Element Notice to Proceed, Contracting Hydrologic Monitoring Topographic and Tree Data Collection Modeling and Design Development 30% Design Package Regulatory Presentation City of Poway Estimated Schedule January 2022 Starting January 2022 January-April 2022 March-June 2022 June-August 2022 September 2022 www .balancehydro.com January 18, 2022, Item #8Attachment 2 Table 1. Anticipated Staff Hours by Task 220091 Rattlesnake Creek Restoration, 30% Design Development 0 '-C .g .g (l) Q) u, -0 Task Number and Description 0: 0 -C U 0 Q) ·;;; ·o Q) 0: 0 ct HourlyRafe $220 $190 $180 $165 $140 $135 Task 1. Hydrologlc Monitoring (Balance Hydrologies) Task 1-1. Hydrologic Monitoring Station Installation Task 1-2. WY202 I Field Activities Management Task 1-3. WY202 I Doto Management and Reporting Task 2. Topographic and Tree Baseline Data Collection Management Task 2-1. Topographic Doto Collection Task 2-2. Tree Assessment Task 3. Design Development and Hydraulic Modeling Task 3-1. Existing Conditions Hydraulic Model Development Task 3-2. Proposed Conditions Hydraulic Model Development Task 3-3. Flood Modeling and Analysis Task 3-4. Preferred Alternative Design Refinement Task 4. 30% Design Package Preparation Task 4-1. 30% Design Plans Task 4-2. 30% Cost Estimate and Notes Task 4-3. 30% Design Basis Report Preparation Task 5. Regulatory Agency Presentation Task 5-1. Regulatory Agency Engagement Subtotal Hours Total Hours Noles: !0Hle1nokc Creek Phase 2 Budoet.ds,. Table l. 12/1/2021 18 of 21 2 6 20 4 8 8 12 Task l Subtotal ] · 8 8 I 8 8 Task 2 Subtotal 2 20 6 8 I 2 30 6 8 2 2 8 2 4 6 12 32 4 Task 3 Subtotal 4 4 24 12 120 2 2 8 4 12 6 12 30 8 Task 4 Subtotal 4 4 8 2 Task 5 Subtotal 32 12 118 134 40 182 ~ SUBTOTAL LABOR Expenses including SubConsulfant from Table 2 GRAND TOTAL $4,230.00 $2,000.00 $3,220.00 $9,450.00 $2,620.00 $2,620.00 $5,240.00 $6,270.00 $8,070.00 $3,130.00 $9,300.00 $26,770.00 $24.140.00 $4,540.00 $9,510.00 $38,190.00 $3.190.00 $3,190.00 $82,840.00 S12.605.00 $95,445.00 e.!021 Bolanci> Hydrolc January 18, 2022, Item #8EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. ( c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 19 of 21 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. 17 January 18, 2022, Item #8(2)A retired person who accepts an appointment after rece1vmg unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. 20 of 21 18 January 18, 2022, Item #8(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13 ). effective October 4, 2013 ( ch 528 prevails); ch 76 § 75 (AB 3 83), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 21 of 21 19