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Item 3 - Agreement with PDC for Design Services for the Butterfield Trail Sewer Upsize Project, RFP No. 23-012DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City ofPoway March 7, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /v( Sara Trunzo, Senior Civil Engineer b\ (858) 668-4622 or strunzo@poway.org CITY COUNCIL Approval of Consultant Agreement with Project Design Consultants (PDC) for Design Services for the Butterfield Trail Sewer Upsize project, RFP No. 23-012 This Consultant Agreement will provide design services for the Butterfield Trail Sewer Upsize project. Recommended Action: It is recommended the City Council approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $346,000 for Design Services for the Butterfield Trail Sewer Upsize project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents. Discussion: In 2013, the City of Poway updated the Sanitary Sewer Master Plan to reflect growth in development, modifications to the wastewater system, and ongoing water conservation efforts. Due to capacity issues with the existing infrastructure, this upsize project was determined to be necessary as part of the updated Sanitary Sewer Master Plan. On December 20, 2022, the Development Services Department issued a Request for Proposal (RFP No. 23-012) for design services for the Butterfield Trail Sewer Upsize project and received two proposals. The project scope includes the upsizing of the sewer along Ash Hollow Crossing Road, Espola Road and Cloudcroft Drive between Butterfield Trail and the southeastern corner ofThe Farm development. After careful review of the proposals, staff determined PDC was highly qualified and the best firm to perform the design work required. Approval of this Agreement will provide professional design services for the Butterfield Trail 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 prepare construction documents which are anticipated to be finalized in approximately four months. The consultant will then assist City staff with construction administration tasks and 1 of 27 March 7, 2023, Item #3 survey document preparation. 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 Consultant Agreement and the not-to-exceed fee of $346,000. There is sufficient funding available in the Butterfield Trail Sewer Upsize project (SW003) for this request. The funding for this project is provided by the Sewer Enterprise Fund (5200) which is funded by the Sewer Connection impact fees paid by all new development connecting to the City's sewer system . Public Notification: None. Attachments: A. Consultant Agreement Reviewed/Approved By: Wen Kaserman Assistant City Manager 2 of 27 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager March 7, 2023, Item #3 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of March, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and PROJECT DESIGN CONSULTANTS, a Bowman company, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant for the preparation of plans, specifications, and estimates for the Butterfield Trail Sewer Upsize project (Project); and WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN 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 27 ATTACHMENT A March 7, 2023, Item #3 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of27 2 March 7, 2023, Item #3 "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: C8J 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 27 3 March 7, 2023, Item #3 (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 27 4 March 7, 2023, Item #3 (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) lri 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 of27 5 March 7, 2023, Item #3 Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code · of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 27 6 March 7, 2023, Item #3 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. 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 27 7 March 7, 2023, Item #3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager Date: ------------ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:--------------Alan Fenstermacher, City Attorney 10 of 27 PROJECT DESIGN CONSULTANTS, a Bowman Company 8 By:------------Greg Shields, PE, Principal-In-Charge Date: ------------ March 7, 2023, Item #3 "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the preparation of plans, specifications, and estimates further described in the Scope of Services submitted with the proposals dated January 19, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated January 19, 2023, which are included in this document as Attachment 2. Total fee is not to exceed Three Hundred and Forty-Six Thousand Dollars ($346,000). 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 March 8, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 27 1 March 7, 2023, Item #3 (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 bf 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 27 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101 March 7, 2023, Item #3 Attachment 1 Scope of Work When the project is awarded and our team is authorized to proceed, we will provide a detailed explanation of the scope of services for this project. Identifying goals at the start of a project is a necessary component to the project's success. We will maintain open and fluid communication throughout the length of the project, respect existing site conditions and utilize our experience within the design field to provide this community with a sewer upgrade on-time and in budget. Our team is familiar with all facets of technical design of gravity sewer pipelines. Our design experience and understanding of how sewer systems operate coupled with our capabilities in the hydraulic analysis of gravity sewers and their associated structures places us in an ideal position to provide overall guidance of the design of the Butterfield Trails Sewer Upsize project. Dexter Wilson Engineering, Inc. in conjunction with PDC's team will compile field data including existing sewer inverts and existing sewer horizontal alignment, existing utilities and other spatial constraints such as existing rights-of-way, available vertical elevation change across the upsize pipe segments, geotechnical data, and required peak wet weather flow capacity. These parameters will be used to generate the recommended horizontal and vertical alignment of the upsize sewer. This work is the critical step in preparing a successful design package. Dexter Wilson Engineering, Inc. will contribute its expertise at this key design milestone, which will assist PDC in proceeding with preparing the design plans. 13 of 27 DETAILED WORK ACTIVITIES A. Project Kick-Off Meeting The PDC team will visit the site, and refine the sites opportunities and constraints. Based on the information in the RFP we assume that, we will setup a kickoff meeting with the City to review the assigned tasks and all programing elements. The potential construction and sewer bypassing issues which may affect the proposed sewer alignment will also be discussed. Marina Wurst will assemble the appropriate team members with discipline leaders noted in the organizational chart included in this response. During the kickoff meeting we will have all relevant disciplines present. We will discuss the procedure and schedule for the project. We will also explore the amenities list to prioritize the various amenities identified in the RFP. Our team will explore the essential infrastructure to support the sewer upgrade. B. Task 1 -Preliminary Design Investigation Task 7 A -Survey and Mapping Aerial Topography -A new aerial imagery and topography will be prepared of the project area. Includes efforts for photogrammetry staff to scribe the electronic planimetric line work. Contours and elevations shown will be based on the NAVO 88 datum. Mapping -Services will include a field boundary survey of the R/W and property lines that is based upon the City-provided title report for any affected private properties and other mapping reference documents. Also included is the plotting of existing easement encumbrances. Supplemental Survey-Collect additional topographic and survey data to support preparation of the construction documents. Includes survey of existing features to be included in the aerial topography file, and survey and dipping existing sewer manholes to establish the existing horizontal and vertical sewer main alignment. Pothole Exhibit/ Survey-Includes efforts to determine pothole locations. Assumes USA markout March 7, 2023, Item #3 Scope of Work (continued) 14 of 27 will be handled by others prior to commencement of the potholing operation. This scope item also includes survey efforts required to field markout the proposed (if determined necessary) pothole locations as well as to field as-built the actual locations potholed following the completion of the pothole operation. Assumes 10 potholes will be needed. Task 1 B -Preliminary Engineering Existing Record Research -Effort includes reviewing utility record drawings provided with the RFP and coordinating with the City and other agencies for additional drawings and information needed. Additional information needed would include, but not limited to: existing force main information at the end of the project, existing lift station connection east of the SDCWA easement, and additional related to the horizontal and vertical information of the sewer laterals to be reconnected to the realigned sewer main. Base/Master Drawing -This task includes creation of the electronic AutoCAD master drawing file, which will incorporate the aerial topography and survey and mapping information provided in Task 1 A. The base master drawing will also include existing wet utility information generated from the aerial topography, field visits, and available City record research. Additional information related to the existing sewer main and existing sewer lateral connections will be gathered through a separate Sewer Camera Investigation. Existing dry utilities will also be shown based on the information provided by the dry utility consultant. In addition, the base file will include the proposed preliminary sewer realignment. Note: The proposed sewer alignment may need to be offset from the existing alignment in order to keep the existing line active during construction. This will be discussed in the project kick off meeting. Meetings and Coordination -Attend meetings and coordination with the City as design progresses. Task 1 C -Geotechnical Investigation Background Research and Project Document Review -Services include reviewing published geologic maps, geotechnical reports, aerial photographs, existing utility drawings/as-builts, and other literature pertaining to the proposed sewer alignment to aid in evaluating geologic hazards that may be present. Dig Alert Markout -Services include marking proposed boring locations and scheduling Underground Service Alert for utility location. Final boring locations will be field adjusted based on utility conflicts. Borings will be drilled at the approximate locations shown below: March 7, 2023, Item #3 Scope of Work (continued) 15 of 27 City of Poway Permits -Services include obtaining the necessary permits to drill within the city rights- of-way, including encroachment, excavation, and traffic control permits. Small Diameter Drilling -Services include performing seven hollow stem auger borings adjacent to the existing sewer alignment to observe and sample the existing geologic conditions. Borings will be advanced to a maximum depth of 19 feet below street grades or to practical refusal, whichever occurs first. Borings will be advanced with traffic control in place. Laboratory Testing -Services include performing laboratory tests including maximum dry density/ optimum moisture content, gradation, water-soluble sulfate content, chloride ion concentration, and pH and resistivity. The laboratory testing would include the necessary tests to help evaluate the engineering properties for the existing soil along the proposed sewer alignment. Geotechnical Investigation Report-Services include preparing a geotechnical report in accordance with the 2022 California Building Code and presenting our findings and our conclusions and recommendations regarding the geotechnical aspects of constructing the proposed sewer line. Our report would include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including: -Excavation and Soil Characteristics -Temporary Excavation Recommendations -Dewatering Recommendations (if applicable) -Pipe Bedding and Trench Backfill Recommendations -Pavement Recommendations. Deliverables: Geotechnical Report -submitted to the City with 50% CDs Task 1 D -Preliminary Wastewater Engineering Specific design services to be performed by Dexter Wilson Engineering, Inc. include: Design of transition manholes Hydraulic calculations to confirm that pipe sizes and slopes can supply the requisite peak wet weather flow capacity within the design criteria of the City of Poway for sewer systems Review of pipe material recommendations Preparing pipe loading calculations as necessary to verify the adequacy of the pipe materials and bedding to be specified for installation Preparation of Green Book format technical specifications and special provisions Task 1 E -Dry Utility Investigation Effort includes pulling SDG&E, AT&T and Cable TV facilities records/ as-builts. Field verifying and providing additional comment/ clarification on a PDC exhibit, based on field review. Identify specific areas that should be marked-out and potholed and provide to PDC. Review field mark out for additional clarification and provide additional comments to PDC. Review PDC's incorporation of dry utilities into base file March 7, 2023, Item #3 Scope of Work (continued) 16 of 27 C. Task 2 -50% Construction Documents The PDC team will Incorporating the findings of the site visit, Geotechnical Report, utility mapping, and survey, the design team will then proceed to produce and submit the 50% construction documents. The construction documents and any other applicable submittal documents will be submitted to the City of Poway and the San Diego County Water Authority. Before each scheduled submittal of the construction documents, Dexter Wilson Engineering, Inc. will provide a Quality Control check of the design plans. Based on the known information and the Storm Water Intake Form, it is assumed a Hydrology and Hydraulic Report and SWQMP will not be required for this project. Task 2A -Sewer Realignment Plan PDC will prepare the 50% construction documents. The project design shall be prepared in AutoCAD format, 2012 version or newer. The scale of the plans shall be one (1) inch =twenty (20) feet (l "=20') and use vertical datum NAVO 88. The elevations in the Poway Benchmark list are datum NGVD 29 and will need to be converted. The plans will consist of 22 sheets (1 Title Sheet, 2 Detail Sheets, 12 Sewer Realignment Plan/Profile Sheets, 2 Sewer Main Abandonment Sheets, and 5 Erosion Control Plan sheets prepared at a smaller scale). The plans will show the sewer realignment work within the City R/W, existing sewer easements, and within the existing SDCWA easement. Assumes no additional easements will be required. Assumes reconstruction of private improvements within City easements and City R/W will not be a part of the construction documents. Task 28 -Cost Estimate Prepare cost estimate based on 50% construction document. Estimate shall include detailed quantities and unit costs based on the current Development Services Engineering Division Unit Price List. Task 2C -Contract Specifications Contract outline specifications shall include the City's General and Technical Provisions. The format shall follow the currently adopted Green book and Poway's supplemental specifications. Task 2D -Traffic Control Plan Services include preparation of traffic control plans for the Sewer realignment and installation on Espola Road. The plan will consist of four sheets (1 Title Sheet and 3 Traffic Control Sheets showing the 3 phases of traffic control on Es pol a Road). Assumes the traffic control needed on Butterfield, Ash Hollow Xing, and Cloudcroft Drive can be handled by the contractor and an plan prepared by the Engineer will not be required. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and an outline specification in Greenbook format. The consultant shall submit plans to SDCWA (contact SDCWA for their requirements) for their review. March 7, 2023, Item #3 I Scope of Work (continued) 17 of 27 D. Task 3 -90% Construction Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 50% construction documents submittal, the PDC team will then proceed to produce and submit the 90% construction documents. Task also includes team coordination and meetings to address City and SDCWA comments. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and draft technical specifications special provisions in Green book format. The plans will also be submitted to SDCWA for their review. E. Task 4 -1 00% Construction Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 90% construction documents submittal, the PDC team will then proceed to produce and submit the 100% construction documents. Deliverables: Two (2) hardcopy bond sets and a PDF copy of project plans for City review, construction cost estimate and complete technical specifications special provisions in Greenbook format. The consultant shall submit plans to SDCWA (contact SDCWA for their requirements) for their review. F. Task 5 -Bid Documents Using the feedback from the City (provided via emails, comment summary letters, red lines, and calls/ meetings) and SDCWA on the 100% construction documents submittal, the PDC team will then proceed to produce and submit the project's bid documents. Deliverables: 1. Mylars, signed by the project engineer and SDCWA representative, and ready for the City Engineer's signature. 2. After the City Engineer has signed the plans, Two (2) hard copy bond sets and a PDF copy of the signed project plans. 3. Construction cost estimate. 4. Complete technical specifications special provisions in Green book format. G. Task 6 -Bidding and Bid Review The PDC team will be available to assist City staff with Request for Information (RF!) questions from the contractors bidding the project and the preparation of any one addendum. We will assist City staff in reviewing the received bids for completion. 25 hours have been budgeted for this task. Deliverables: One Addendum March 7, 2023, Item #3 I Scope of Work (continued) 18 of 27 H. Task 7 -Construction Administration The PDC team will review construction submittals, change orders, and RFI questions. We have budgeted to review five construction submittals, five RFls, and three change orders. I. Task 8 -Package for Vacation Processing The PDC team will prepare plat and legal exhibits and closure calculations for the two easements to be vacated over the abandoned sewer lines. One (1) City review is anticipated for the package. Assumes PDC will not be processing any other entitlement documents or items needed for an easement vacation submittal. The City will handle the Easement Vacation Processing. Deliverables: Surveyor wet-signed and sealed plat, legal, and closure calculations for the sewer easements to be vacated post-construction. J. Task 9 -Record Drawings The PDC team will prepare record drawings at the completion of construction. Assumes the contractor will provided PDC with a redline of the known field changes. PDC will prepared a redline of the record drawings utilizing the contractor's redlines, field visit to confirm the as built conditions, and any other record of changes during construction (RFls, emails, calls, field visits, meetings). Final record drawings shall be prepared once the City has approved the red lines by incorporating construction and field changes onto the original mylars. If the extent of changes makes it impractical to revise an original mylar sheet, individual original mylar sheets may be voided and replacement sheets may be added. Deliverables: Signed mylar record drawings and a PDF copy of the signed record drawings. March 7, 2023, Item #3 19 of 27 PROJECT DESIGN CONSULTANTS a Bowman company Attachment 2 Butterfield Trail Sewer Upsize RFP #23-012 Proposal • Fee Spreadsheet Task 1 Preliminary Design Investigation Task 1A Survey and Mapping Task 1B -Preliminary Engineering Task 1C -Georechnica/ Investigation (Geocon) Task 1D -Preliminary Wastewater Engineering (DWE) Task 1E -Dry Utility Investigation (US/) Task 2 'Soi"Comtnid1on Documents Task 2A -Sewer Realignment Plan Task 3 90% Construction Documents Task 4 100% Construction Documents Task S Bid Documents Task 6 Bidding and Bid Review Task 7 Construction Administration Task B Package for Vacation Proce.ssing Task 9 Record Drawings Fixed Fee T&M 1 Aerial Topography 2 Mapping 3 Supplemental Survey s,s,ooo 4 Pothole Exhibit/ Survey ~ $25,000 + $32,000 = $57,000 1 Existing Record Research 2 Base Master Dra'Ning 3 Meeting and Coordination $16,000 1 Background Research & Project Document Review 2 Dig Alert Markout 3 City of Poway Permits 4 Small Diameter Drilling 5 Laboratory Testing 6 Geotechnical Investigation Report $22,500 s,2,soo so • si ,.soo = $12,500 $10,000 $0 + ~.ooo· = ~.000 $120,000 TASK 1 TOTAq 1 ISewer Realignment Plan S70,000 ._2_,!I_Co_,_t _E,_tim_a_t_e __________ ~ 3 IContract Specification 41Traffic Control Plan SG,000 $4,000 $a3,ooo + so = su,ooo ____ ~ ~1 _..:,$6:.::3:.:.,000:..:.TASK 2TOTAq $60,000 $60,000 TASK 3 TOT Aq $25,000 $25,000 TASK4 TOTAq $20,000 $20,000 TASK 5 TOTAq $5,000 $5,000 TASK 6 TOTA $15,000 $15,000 TASK 7 TOTAq $6,000 $6,000 TASKS TOTAq $12,000 $12,000 $12,000 TASK9TOTAQ $136,000 + $210,000 =I $346,000 TOTAL FEE! 701 B Street, Suite 800, San Diego, VA 92101 619.235.6471 projectdesign.com I bowman.com March 7, 2023, Item #3 I Compensation Our fee proposal was created using the scope of services outlined in the RFP. Compensation will be based on the fee provided by PDC. Any necessary changes to the project fee or scope will be reviewed and approved by the client. 20 of 27 Principal PDC HOURLY RATE SCHEDULE Effective October 1, 2021 Senior Project Manager/ Senior VP/VP Project Manager/Associate & Assistant VP Planning & Landscape Architecture Senior Planner Senior Landscape Architect Associate Planner, Senior Landscape Designer Landscape Architect, Project Planner Landscape Designer, Assistant Planner Junior Planner, GIS Technician Graphics Artist Junior Landscape Designer Planning Intern Engineering Senior Project Engineer, Design Manager Project Engineer, Design Supervisor Design Engineer, Senior Civil Designer Civil Engineer Civil Designer Assistant Civil Engineer Design Drafter Clerical Permit Processor Junior Technician, Intern Surveying, Photogrammetry Senior Surveyor Survey Crew Manager, Surveyor Senior Survey/Map Technician Survey/Map Technician II Survey/Map Technician I Clerical 1-Man Crew 2-Man Crew 3-Man Crew $215 $200 $195 $170 $140 $135 $130 $125 $115 $110 $100 $70 $175 $150 $145 $130 $125 $110 $100 $85 $85 $70 $175 $160 $135 $120 $110 $85 $175 $235 $370 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. Rates subject to change without notice. March 7, 2023, Item #3 Compensation (continued) DEXTER WILSON HOURLY RATE SCHEDULE Effective January 1, 2023 CLASSIFICATION Office Personnel: Planning/Design Principal Engineer (RCE) · Managing Engineer (RCE) Project Engineer (RCE) Senior Engineer (RCE) Design Engineer (RCE) Associate Engineer Ill (RCE) Associate Engineer II Associate Engineer I Engineering Aide II Engineering Aide I Drafting/Design Clerical 21 of 27 Senior Designer Senior Drafter Drafter II Drafter I HOURLY RATE $240.00 $230.00 $210.00 $185.00 $155.00 $145.00 $135.00 $110.00 $ 100.00 $ 95.00 $140.00 $120.00 $105.00 $ 95 .00 $ 70.00 March 7, 2023, Item #3 Compensation (continued) GEOCON HOURLY RATE SCHEDULE PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................................................................................................... $80/hr Engineering Assistant/Lab Technician............................................................................................................................................. 80/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill)....................................................................................... *85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).......................................................................................................... *85/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles)...................................................................................... * I 05/hr Staff Engineer/Geologist .................................................................................................................................................................. * 115/hr Project Engineer/Geologist .............................................................................................................................................................. * 140/hr Senior Project Engineer/Geologist................................................................................................................................................... * 150/hr Senior Engineer/Geologist............................................................................................................................................................... * 175/hr Associate Engineer/Geologist.......................................................................................................................................................... * 185/hr Principal Engineer/Geologist/Litigation Support............................................................................................................................. 200/hr Attorney Fees (General)................................................................................................................................................................... 350/hr Deposition or Court Appearance...................................................................................................................................................... 400/hr Overtime/Saturday Rate/Night Rate (7pm -6am w/ 8-Hr minimum per call out) ..................................... :..... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ..................................................................................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee (per day or per call-out) ..................................................................................................................... 4 Hours Short-Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) ............................................................... 4 Hours Short-Notice Cancellation (upon or after arrival at jobsite) ............................................................................................................. 4 Hours *Prevailing Wage (PW) California Labor Code§ I 720, et. Seq add $40/hr TRAVEL Personnel ....................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................... $150/day Vehicle Mileage ............................................................................................................................................................................. 0.60/mile EQUIPMENT, MATERIALS, & ANALYTICAL TESTS Nuclear Density Gauge ......................................................... $10/hr 55-Gallon Drum ...................................................................... 65/ea Sand Cone Testing Equipment.. .............................................. 10/hr Visqeen (6 mil 20XI00') .................................................... 135/roll Vehicle .................................................................................... I 0/hr Traffic Cones/Barricades ..................................................... 35/day Special Inspection Equipment .................................................. 5/hr TPHg(EPA 80158) ................................................................ 70/ea Asphalt Cold Patch/Concrete (60-lb.), Cement (94-lb.) ........ 18/bag TPHd/TPHmo .................................................. (EPA 8015M) 75/ea GPS Unit ............................................................................. 165/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck ..................................................................... 125/day Methanol and/or Ethanol (EPA 8015M) .............................. 110/ea Direct-Push Rig/Operator ..................................... l 65/l 90(PW)* /hr Volatile Organic Compounds ....................... (EPA 82608) I 10/ea Direct-Push Sample Liner ....................................................... 10/ea Semi-Volatile Organic Compounds ................. (EPA 8270) 180/ea Hand-Auger ........................................................................... 40/day PAHs (EPA 8270SIM) ........................................................ 160/ea Soil Sample Tube (Brass or Stainless) ................................... 10/ea CAM 17 Metals (EPA 60 I OB) ............................................. 170/ea Bailer (Reusable) ................................................................... 33/day Single Metal ..................................................... (EPA 60108) 20/ea Bailer (Disposable) .................................................................. 15/ea Hexavalent Chrome (EPA 7199) ........................................... 60/ea Stainless Sampling Pump ................................................. $150/day Organochlorine Pesticides (EPA 808 I) ............................... 110/ea Battery-Powered Pump ........................................................ 75/day Organophosphorus Pesticides (EPA 8141) .......................... 125/ea Water Level Indicator ........................................................... 40/day Interface Probe ..................................................................... 85/day Chlorinated Herbicides (EPA 8151) .................................... I 25/ea PCBs (EPA 8082) .................................................................. 75/ea Photo-Ionization Meter ...................................................... 125/day Soil pH (EPA 9045C) ............................................................. 20/ea Combustible Gas Meter ...................................................... 125/day WET or TCLP Extraction ...................................................... 75/ea pH/Conductivity/Temperature Meter ................................... 50/day EPA 5035 Sample Kits .......................................................... 25/ea Turbidity Meter .................................................................... 80/day Asbestos (PLM) ..................................................................... 20/ea Air Sampling Pump .............................................................. 80/day Level D PPE/Decon Rinse Equipment ................................. 50/day Concrete Coring Equipment ............................................... 180/day Generator or Air Compressor ............................................. I 05/day Distilled Water (5-gallon) ...................................................... 15/ea Asbestos (400-point count) ..................................................... 45/ea Sample Compositing................................................. 20/composite 48-hour Turnaround Time ...................................... 60% surcharge 72-hour Turnaround Time ...................................... 40% surcharge 22 of 27 March 7, 2023, Item #3 LABORATORY TESTS* COMPACTION CURVES (D698/D l 557 /T99/Tl 08) 4-inch mold ................................ $215/ea (D698/Dl557/T99/Tl08) 6-inch mold .................................. 215/ea (CT 216) California Impact ................................................... 210/ea Check Point ............. · ................................................................ 91/ea (D l 632/CT3 l 2) Soil Cement Cy!. Fabrication (Set of 3) .... 150/set (Dl632/CT312) Soil Cement Cy!. Fabrication (Addtl. Spec.) 50/ea (DI 633/CT312) Soil Cement Comp. Strength (Set of3) .... 300/set (Dl633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) .............................................................................................. I 00/ea SOIL AND AGGREGATE STABILITY (D2844/CT301) Resistance Value ....................................... $279/ea (D2844/CT301) Resistance Value, Treated ........................... 314/ea (Dl883) California Bearing Ratio ......................................... 556/ea (C977) Stabilization Ability of Lime .................................... 190/ea (Dl883) Calif. Bearing Ratio (Army Corp of Engineers) .... 105/ea CHEMICAL ANALYSIS (GI 87/CT643/T288) pH and Resistivity ............................. $129/ea (D4972/T289) pH Only ........................................................... 50/ea (CT4 l 7) Sulfate Content ......................................................... 93/ea (CT422) Chloride Content ...................................................... 62/ea (D2974) Organic Content.. ...................................................... 75/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (D5084) Permeability, Flexible Wall .................................. $281/ea (D5856) Permeability, Rigid Wall ........................................ 27 l/ea (D2434) Permeability, Constant Head .................................. 280/ea (D2434) Permeability, FHA Slab-on-Grade .......................... I IO/ea (D2434) Permeability, Hourly ................................................. 55/ea (D2435/T216) Consolidation (6 pts. w/ Unload) ................... 378/ea (D2435/T2 l 6) Consolidation Additional Point w/ Unload ...... 54/ea (D4546) Swell/Compression Testing & Density ................... 125/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) .85/ea (D4546) Swell/Settlement Testing & Density (County) ........ 100/ea (D4546) Swell/Settlement Testing & Density (FHA) ............ 90/ea (D4829) Expansion Index of Soils ........................................ 149/ea STEEL TESTING Reinforcing Steel Tests: (A370) Tensile Strength & Elongation # 11 Bar & Smaller ............................................... $100/ea #14Bar ................................................................... 125/ea # 18 Bar (Proof Test) .............................................. 150/ea (A370) Bend Test #11 Bar & Smaller ................................................. $50/ea #14 & #18 Bar .......................................................... 70/ea (A370) Tensile -Mechanically Spliced Bar #11 Bar & Smaller ............................................... $150/ea # 14 Bar & Larger ................................................... 190/ea (A3 70) Tensile -Electric Resist. Butt Splice w/ Control ...... I SO/ea (A3 70) Straightening of bar (if required) ................................ 25/ea Structural Steel Tests: (A370) Machining & Prep of Test Specimen ............... Cost+ 20% (A370) Tensile Strength & Elongation Up to 200,000 lbs ................................................. $100/ea 200,000 -300,000 lbs ............................................ 125/ea 300,000 -400,000 lbs ........................................................... 150/ea Pre-stressing Wire & Tendon Tests: (A421) Tensile Strength, Single Wire ................................. $150/ea (A416) Tensile Strength, 7-Wire Strand ............................... 175/ea 23 of 27 SOIL AND AGGREGATE PROPERTIES (D422/T88) Particle Size, Hydrometer w/out Sieve ........... $160/ea (Cl36/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ..... 150/ea (Cl36/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash .... 125/ea (Cl36/D6913/T27) Sieve, Coarse or Fine No #200 Wash .... 106/ea · (C 117 /D 1140/Tl 1) Materials Finer than #200 ....................... 64/ea (D2216/T265/CT226) Moisture Content ................................ 22/ea (D2487 /D2488) Visual Soil Classification ............................. 30/ea (D293 7) Density of In-Place Soil, Drive-Cy!. Method ........... 45/ea (D4943) Shrinkage Factors of Soils, Wax Method ................. 55/ea (Cl3 l/C535/CT21 l) L.A. Abrasion Resistance ................. $196/ea (C 142/Tl 12) Clay Lumps and Friable Particles ................... IO I/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (Cl23/Tl 13) Light Weight Particles .................................... 245/ea (D3744/CT229/T2 l 0) Durability Index Fine ........................ 175/ea (D3744/CT229/T210) Durability Index Coarse .................... 175/ea (CT227) Cleanness Value ..................................................... 165/ea (D4791) Flat & Elongated Particles ...................................... 150/ea (D693/CT205) Percent Crushed Particles ............................. 145/ea (DS 821) Percent. of Fractured Particles, Coarse Aggregate. 140/ea (C40/CT2 I 3/T2 I) Organic Impurities .................................... 59/ea (C235) Soft Hardness (Scratch Hardness) ........................... 100/ea (C88/CT214/Tl04) Sulfate Soundness ................................. 410/ea (Cl 252/T304) Uncompact. Void Content, Fine Aggregate .. 150/ea (Cl27/CT206/T85) Coarse Specific Gravity .......................... 54/ea (Cl28/CT207/T84) Fine Specific Gravity .............................. 72/ea (D854/CT209/Tl 00) Specific Gravity of Soil ........................ 74/ea (C29/CT212/Tl 9) Unit Weight & Percent Voids ................... 73/ea (D2419/CT217/Tl76) Sand Equivalent... ............................. 103/ea (D43 l 8/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 160/ea (D43 l 8/CT204/T89) Liquid Limit... ..................................... 100/ea (D43 l 8/CT204/T90) Plastic Limit... ..................................... 100/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete .. Quote SHEAR STRENGTH (D2 l 66) Unconfined Compression ..................................... $ 129/ea (D3080/T236) Direct Shear (3 points) ................................ 232/set (D3080/T236) Direct Shear Addtl. Points/ea. residual pass. 100/ea (D2850) Unconsolidated-Undrained Triaxial Shear ............. 134/ea (D2850) Unconsolidated-Undrained Triaxial Staged ........... I 85/ea (D4767) Consolidated-Undrained Triaxial Shear ................. 291/ea (D4767) Consolidated-Undrained Triaxial Staged ............... 371/ea (EM! 110) Consolidated-Drained Triaxial Shear. ................. 391/ea (EM 1110) Consolidated-Drained Triaxial Staged ................ 505/ea MASONRY** Concrete Block Test (Sets of3 Required): (Cl40) Unit Weight Moisture Content & Absorption .......... $64/ea (Cl40) Moisture Content/Absorption (ea. addtl. specimen) .. 65/ea (Cl40) Compression Test.. ................................................... 195/ea (Cl40) Compression Test (ea. addtl. specimen) .................... 64/ea (C426) Linear Drying Shrinkage .......................................... 285/ea (CI 09/UBC 21-16) Mortar Cylinder (2"x4") ........................ 27 /ea (C942) Grout Prism (3"x3"x6"), trimming included .............. 35/ea Masonry Prism (Assemblage): (Cl314) 8"x8"xl6" -8"xl2"xl6" .................................... $200/ea (C1314) 8"xl6"xl6" -I0"xl2"xl6" ................................... 225/ea (Cl314) 12"xl2"xl6" -12"xl6"xl6" ................................. 250/ea (Cl314) Larger than 12"xl6"xl6" ....................................... Quote March 7, 2023, Item #3 LABORATORY TESTS* (CONTINUED) High Strength Bolt. Nut. & Washer Tests: Brick Test (Set of 5 Specimens): (A325/A490) Tensile Test on Bolts .................................... $100/ea (C67) 24-Hour Absorption, Cold Water ............................ $225/set (A563) Proof Load Test on Nuts ........................................... 100/ea (C67) 5-Hour Absorption, Boiling Water .......................... $225/set (A325/A490) Hardness Test on Bolts ..................................... 50/ea (C67) Compression Test or Modulus of Rupture ............... $255/set (A536) Hardness Test on Nuts ................................................ 50/ea (C67) Each Additional Specimen ........................................... 45/ea (F436) Hardness Test on Washers ........................................... 50/ea CONCRETE** Weld Specimen Tests: Mix Designs: (El64) Ultrasonic Examination ............................... Quote (ACI211/ACI214) Concrete Mix Design ............................ $211/ea Machining & Prep of Test Specimen ........................... Cost+ 20% (ACI211/ACI214) Review of Concrete Mix Design ............ 211/ea (E381) Macrotech Test (3 Faces) ........................................... $355 (CI 92) Concrete Trial Mix (includes equipment & labor) ... 505/ea ASPHALT TESTING Concrete Properties: Asphalt Properties: (C39/CT52 I/T22) Comp. Strength, Concrete Cyl. ............... $28/ea (D2726/CT308/Tl66) Bulk Spec. Grav. Compacted HMA .. $96/ea (C42/CT52 I/T22) Comp. Strength, Concrete/Gunite Core .... 60/ea (DI 560/CT366) Stabilometer Value (HVEEM) ................... I 06/ea (C78/CT523) Flex. Strength of 6"x6"x2 I" Concrete Beam ... 85/ea (D204 I) Theoretical Max Specific Gravity ............................. 79/ea (Cl 74) Length Measuring of Drilled Cores ............................ 75/ea (D5444) Sieve Analysis of Extracted Asphalt... ...................... 91/ea (CI 140) Shotcrete Panel-Coring & Testing (Set of 3) ......... 290/set (D6307 /CT382) Percent Asphalt, Ignition Method ............... 106/ea (Cl 140) Shotcrete Panel (each addtl. specimen) .................... 90/ea (D 1188) Unit Weight of Asphalt Core .................................... 64/ea (C496) Static Modulus ofElasticity ..................................... 200/ea MISCELLANEOUS TESTING SERVICES (C496) Drying Shrinkage (Set of 3, up to 28 days) ............. 395/set Calibration of Hydraulic Ram: . (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete 95/ea 100 Ton & Under .......... : ............................................. : ....... $200/ea IOI Tons -200 Tons ............................................................. 300/ea (F 1869) Vapor Emission Rate, Concrete Subfloor ................. 50/ea Use of Universal Testing Machine: UTM with One Operator .................................................... $320/ea Additional Technician ....................................... Regular Tech Rate Spray Applied Fireproofing: (E605/E736) Fireproofing Oven Dry Density/Thickness ..... $90/ea *2X Surcharge on rush turn-around for laboratory testing. **Fee applies for sample storage, testing, or disposal. I. 2. 3. 4. 5. 6. 7. 24 of 27 Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation receivedji-om Client by Geoconfor services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geoconfrom and against all liabilities in excess of the monetary limit established above. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geoconfor services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys 'fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geoconfor acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or ent,y onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon 's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon 's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon 's actions or inactions. March 7, 2023, Item #3 EXHIBIT "8" 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) 25 of 27 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 March 7, 2023, Item #3 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 26 of 27 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 March 7, 2023, Item #3 Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 27 of 27 3 March 7, 2023, Item #3