Item 4 - Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003October 17, 2023, Item #4AG EN DA REPQR_T City of Poway CITY COUNCIL DATE: October 17, 2023 TO: FROM: Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Alex Ubaldo, P.E., Principal Civil Engineer ~ CONTACT: SUBJECT: Summary: (858) 668-4602 or aubaldo@poway.org ~ Approval of Consultant Agreement with Project Design Consultants for the Community Park Concrete Ribbon Drain Project, RFP No. 24-003 This action will award a Consultant Agreement to Project Design Consultants (PDC) to provide an assessment of existing conditions and prepare preliminary level design for the Community Park Concrete Ribbon Drain project. Recommended Action: It is recommended the City Council: 1. Approve the Consultant Agreement (Attachment A) with Project Design Consultants (PDC) in the amount of $139,665 for the Community Park Concrete Ribbon Drain project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents; 2. Approve the allocation of available fund balance from the Rattlesnake Creek Streambank Stabilization project (DR007) in the amount of $22,653.33 and authorize the transfer of such funds to the Community Park Concrete Ribbon Drain project; and 3. Appropriate additional funds in the amount of $42,011 ,67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project. Discussion: Rattlesnake Creek runs southwesterly through Community Park via an open earthen channel and concrete ribbon gutter constructed in the late 1970s. The ribbon gutter is a concrete swale that serves as a low flow channel for Rattlesnake Creek. It is located between the tennis courts and park playground and eventually outlets into a larger trapezoidal concrete lined open channel just south of the pedestrian bridge. Approximately 550 lineal feet of the low flow channel has deteriorated, exposing the earth in several locations. During storm activity, water flowing through the channel further erodes the exposed earth and undermines the existing concrete ribbon gutter. On August 3, 2023, the Development Services Department issued a Request for Proposal (RFP No. 24-1 of 21
October 17, 2023, Item #4003) to assess the existing condition and perform a feasibility study and preliminary design for a potential repair and/or enhancement project. The City received proposals from two consulting firms. After evaluating and scoring the proposals, staff concluded PDC is the most qualified consultant for this project. PDC is familiar with this type of work and presented a team that has specific experience with creek rehabilitation, drainage assessment and repair. The project scope includes evaluating the approximately 550 lineal feet of open earthen channel and concrete ribbon gutter and preparing a recommendation of remediation and repair options to prevent further erosion along the channel sides and bottom. The consultant will prepare a restoration plan that will also include potential options for improving habitat protection, water quality and restoration of the creek using non-structural design elements. The consultant will identify the level of environmental clearance and regulatory permit approvals required for the project and a cost benefit analysis of the repair and/or restoration actions. When the City elects to move forward with a construction project based on a selected preliminary design, staff will return to Council and request additional appropriation for Final Design and preparation of construction documents. Environmental Review: This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Consultant Agreement and the not-to-exceed fee of $139,665.00. There is $75,000.00 available in the Community Park Concrete Ribbon Drain project (DR008) currently. Approval of this item will require a transfer of $22,653.33 from the Rattlesnake Creek Streambank Stabilization project (DR007}, available unspent fund balance to the Community Park Concrete Ribbon Drain project (DR008) and an additional appropriation of $42,011.67 from the Drainage and Stormwater Funds, available fund balance to the Community Park Concrete Ribbon Drain project. Public Notification: None. Attachments: A. Consultant Agreement Reviewed/Approved By: Assistant City Manager 2 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
October 17, 2023, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 18th day of October, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and PROJECT DESIGN CONSULTANTS, a BOWMAN COMPANY, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to prepare an engineering study and assessment for the Community Park Concrete Ribbon Drain Assessment Project (Project); WHEREAS, Consultant is a civil engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 21 1 ATTACHMENT A
October 17, 2023, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 21 2
October 17, 2023, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: !Z1 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 21 3
October 17, 2023, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 21 4
October 17, 2023, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21 5
October 17, 2023, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 21 6
October 17, 2023, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant reeeiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of 21 7
October 17, 2023, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: ___________ _ Alan Fenstermacher, City Attorney 10 of 21 PROJECT DESIGN CONSULTANTS, a Bowman Company 8 By:-------------Marina Wurst, PE, Principal-In-Charge
October 17, 2023, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the engineering study and assessment services further described in the Scope of Services submitted with the proposals dated September 5, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 5, 2023, which are included in this document as Attachment 2. Total fee is not to exceed one hundred thirty-nine thousand six hundred sixty-five dollars ($139,665). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of October 18, 2023 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 21 1
October 17, 2023, Item #4following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single_ limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 21 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Project Design Consultants 701 B Street, Suite 800 San Diego, CA 92101
October 17, 2023, Item #4Attachment 1 Scope of Work When the project is awarded and our team is authorized to proceed, we will provide a detailed explanation of the scope of services for this project. Identifying goals at the start of a project is a necessary component to the project's success. We will maintain open and fluid communication throughout the length of the project, respecting the existing site conditions of Rattlesnake Creek and the population currently utilizing the space. 1. PROJECT MANAGEMENT The PDC I Bowman team will prepare a project management plan that supports ongoing team and agency coordination, open lines of communication, regularly scheduled meetings, quality control/ assurance, and ongoing tracking of key project issues and resolutions. This document will guide external and internal organization and distribution of critical information. It will outline the project schedule, budget, contractual relationships, contact information for City and team members, team responsibilities, project goals and expectations, flow of communication, meeting schedule, public outreach schedule, and other elements critical to the success of the project. This schedule will be subdivided into detailed programs for individual project elements, which will be monitored monthly against progress. Project Coordination + Administration Coordination. The PDC I Bowman team will maintain close coordination with City staff and regulatory agencies throughout the entire project. Marina Wurst, PE will serve as Principal-in-Charge alongside Senior Project Manager, Chelisa Pack, and serve as the liaison between City staff and the consultant team. Communication. The PDC I Bowman team will maintain consistent communication with City staff and consultant members to review project concepts and keep the project on schedule and within budget. Regular communication among the team, stakeholders, and the City will be facilitated through the Project Manager. Project Meetings. The PDC I Bowman team will attend the "kick-off" meeting with City staff subsequent to the Notice to Proceed. The purpose of this meeting is to get acquainted with participating City staff, present the project, delegate responsibility, and outline overall goals and Bowman I City of Poway Community Park Drainage I September 5, 2023 30 13 of 21
October 17, 2023, Item #4desired project outcomes. This will include refining the project scope, action item list, and schedule to better define tasks, establish key milestones, and develop creative solutions to maintain the project schedule and budget. The PDC I Bowman team will work with the City staff to schedule routine meetings that discuss the status of various work efforts, the project schedule, and any issues and opportunities that arise that require input and direction. Following these meetings, notes or action items will be documented and distributed to the team. To minimize costs, some meetings may be conducted via conference call or on line Zoom meetings. 2. PRELIMINARY RESEARCH/INVESTIGATION ASSESSMENT The Consultant team will conduct field visits to inspect the existing conditions of the channel and Rattlesnake Creek. This investigation will refine the site's opportunities and constraints for the channel repair and the team will work collaboratively to provide concept designs. The Consultant team will review the as-built information provided from the City of Poway RFP and will coordinate with the City of Poway and other agencies for additional drawings and information needed including existing utility infrastructure. A flown aerial imagery and topography will be prepared of the project area for existing contours and elevations. Partial Boundary Survey: PDC will provide surveying services to prepare a partial land survey of the subject property as defined by NSPS. PDC will perform a field survey of the subject property using the legal description in the title report provided by the Client and as outlined above. The survey will be based on existing found property monuments, available evidence, research, record maps and deeds and will be sufficient to prepare future project design. This will not be a full and complete boundary survey but will be sufficient to plot the existing property line, easements of record and aerial topography. Aerial Topographic Mapping and Imagery: PDC will prepare acquire new aerial imagery of the approximately 20-acre park site and will prepare aerial topographic mapping that will meet national mapping accuracies for a 1 "= 40' scale with a 1-foot contour interval. The mapping limits will include the land area of the project site and at least SO-feet of overlap into the adjoining properties and roads. The aerial mapping will be tied to the appropriate City of Poway horizontal and vertical datums. In additional, PDC will prepare a 0.25' digital color ortho of the same area. This is the design topography that will be utilized for preliminary engineering. Encumbrance Title Review: review of a current City-provided title report. Any recorded easement encumbrances contained within the provided preliminary title report will be plotted. The survey will be based on the above-described requirements, a completion date of approximately 5-6 weeks, after written authorization to proceed, and delivery of a preliminary title report with referenced documents. Additional topographic and survey data will be collected to support preparation of existing base/ master file. This base file task will include the creation of the electronic AutoCAD drawing file which incorporates the aerial topography and survey data. The base master file will also include existing utility information generated from the aerial topography, fields visits, existing FEMA floodplain linework for floodplains and floodways, and available City record research. This base file will be used to create the proposed repair and/or restoration concept plans. Bowman I City of Poway Community Park Drainage I September 5, 2023 31 14 of 21
October 17, 2023, Item #4A RECON biologist will conduct a field reconnaissance site visit to gather information on the existing condition of the subject reach of Rattlesnake Creek and assess the potential options for the restoration effort. Representative photographs will be taken of the erosional damaged areas for reference. A recent aerial photograph of the creek reach will be used to prepare a preliminary map of the creek location, damaged areas, and existing vegetation communities. This information will be used in the preparation of the project base maps. RECON will gather information on current natural and man-made techniques for the restoration and stabilization of creek beds and banks. This research will be used to determine the best options available to meet the needs of the creek restoration project chosen. Geocon's team will review published geologic reports, in-house geotechnical reports, published geologic maps, and other literature pertaining to the site and adjacent areas to aid in evaluating geologic hazards that may be present. They will be responsible for scheduling an Underground Service Alert (dig alert) for utility location. Geocon will perform up to 4 exploratory borings to depths up to 15 feet below existing grade, to observe site soil conditions and obtain samples for laboratory testing using a limited drill rig. They will then perform laboratory tests on selected soil samples to evaluate compaction characteristics, expansion index, and corrosivity characteristics of the prevailing soils encountered. Deliverable: A comprehensive AutoCAD basefile of existing conditions and a Technical Memorandum of Assessment including site visit survey notes, evaluations, photographs, surveys, and other appropriate documentation. Additionally the consultant will provide an electronic AutoCAD file of the property parcel base map and topography information. 3. CONCEPT DESIGN & COST ESTIMATES PDC I Bowman will review Rattlesnake Canyon Creek and summarize an estimate of flow rates for different return period storm events using published FEMA values to assist with the conceptual designs of the creek channel repair. Chang Consultants will develop a preliminary HEC-RAS model to analyze the existing channel conditions through the Community Park. This preliminary model will use the existing survey elevations developed in Scope item #2 and the hydrology results to help determine the channel velocities which may have contributed to erosion of the existing channel. This preliminary analysis will help inform and further develop which design alternatives to present in the Final Report Assessment. Bowman I City of Poway Community Park Drainage I September 5, 2023 32 15 of 21
October 17, 2023, Item #4This overall concept design process will incorporate the findings of the site visit, RECON's ecological and environmental permit findings, PDC J Bowman's channel grading options, and Chang Consultants' preliminary HEC-RAS analysis. The Consultant team will proceed to produce up to two (2) conceptual designs. Conceptual designs for potential repair and/or enhancement will target a goal to provide long term sediment management capabilities and prevent erosion, while also meeting other goals for improvement of the park area. The conceptual design may also incorporate water quality benefits and restoration of creek. The design alternatives could include, but not be limited to, riprap, reinforced turf mats, gab ion lined channels, and/or drop structures. The two concept designs will include the proposed channel layout and floodplain boundaries, channel and floodplain cross-section dimensions for riffles and pools, longitudinal profile, and vegetation plan. The plan would also include proposed stormwater outfall treatments to improve water quality. The Consultant team will prepare cost estimates for each proposed concept design including quantities and unit costs based on current Development Services Engineering Division Unit Price List and current market estimates. 4. ANTICIPATED ENVIRONMENTAL CLEARANCE & PERMITS RECON will provide a description of the scope of regulatory approvals and permits that will be required to perform the creek restoration work for each concept alternative. Each alternative creek restoration concept will be reviewed to ensure that it meets the conditions necessary to comply with the applicable federal, state, and local laws, regulations, standards, and guidelines for work in potential jurisdictional waters. 5. PREPARATION OF DRAFT & FINAL REPORT ASSESSMENT. Our draft Creek Assessment and proposal of conceptual repairs will document the feasibility study evaluating existing channel conditions, and consider options for channel restoration within the constraints of the watershed and surrounding land uses, and produce a final report of findings with conceptual design options. The proposed channel repair and/or restoration design parameters will be selected based on existing geomorphic conditions, reference channels, and hydraulic analysis .. Geocon will prepare a geotechnical report in accordance with the 2022 California Building Code and presenting their findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed surface drainage improvements. Bowman I City of Poway Community Park Drainage [ September 5, 2023 33 16 of 21
October 17, 2023, Item #4Their report will include a summary of the potential geologic hazards that might affect the project (faulting, liquefaction, seismic shaking, landslides), soil/excavation characteristics, and preliminary geotechnical recommendations for the design and construction of the project including: Excavation and Soil Characteristics; Temporary Excavation Recommendations (if applicable); Grading Recommendations; Dewatering Recommendations (if applicable); Storm Water Management Recommendations; and Hardscape Design Recommendations. PDC I Bowman will compile the information from the multi-disciplinary team into a comprehensive report. Our in house graphic rendering team will visually depict up to two (2) specific, measurable, and realistic outcomes with in-depth merits and demerits, as well as a concise executive summary giving clear expectations on feasible options. Deliverable: Draft and Final Report, including Conceptual Channel Retrofit Plan Bowman I City of Poway Community Park Drainage I September 5, 2023 34 17 of 21
October 17, 2023, Item #4.....
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0 '"i,
N ..... ----PROJECT DESIGN
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701 1:1 S\lvVL s~•lv SO:l
CONSULTANTS !:.lno,r...,,C_.~:101
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Planning I landscnpe Architocturu Englnuaring Sun,uy
PERSONNEL HOURS • LABOR COSTS
CITY OF POWAY COMMUNITY PARK Senior Senior Landscape Senior Asst Senior I I Senior I I Admin./ I I TOTAL I OTHER CONCRETE RIBBON DRAIN Project Landscape Designer/ Planner Project Project Project Project RECON SurveyiMap 2-Man survey clerical/tech TOTAL LABOR DIRECT I TOTAL
Graphics Engineer COST ASSESSMENT Manager Architect Graphics Manager Manager Manager Technician crew edit HOURS COST COSTS
9/14/2023 Land. Arch. Civil Eno WO Eng Surveyor
$215 $145 S135 S125 S215 S185 S160 S215 s215 I S145 I S250 I $90 I I ($) I ($) I ($)
[TASK 1 -Proiect Manaaement
1.1 Pro·ect Kick Off Meetina 2.0 2.0 2.0 2.0 2.0 10 S1 910
11.2 Oiscioline Coordination 2.0 2.0 4.0 8 S1 420 11.3 IProleet Manaaement 14.0 6,0 10,0 30 S6.120
L1,4 ICitv Meetinas {Assumes 6 Meetinas) 6.0 6,0 6.0 6.0 6,0 30 S5 730 TASK 1 TOTAL 10 0 0 10 22 12 6 0 18 0 0 0 78 $15180 soT S15180
TASK 2-Preliminary ResearcMnvestigation & Assesment
2.1 Existing utilities research (GIS) 2.0 4.0 6 S790
2.2 Existina utiUlies research 4.0 4 S640
2.3 Record Research 4.0 4.0 8 S1140 2.4 RECON-lnitial Bioloaical Research 25.0 25 S5.375 )> 2.5 Aerial ToooaraDhv (Drone) 8.0 62.0 70 S10.710 .... 2.6 Maooina 10.0 28.0 38 S6 210 .... ~ 2.7 GEOCON Initial Geotechnical lnvestioation 0 so S6 545 (') 2.8 ChanQ Consultants Initial (HEC-RAS & Report) 0 so S17.600 2.9 Chang Consultants Sediment Transport Anatysis• (Optional. see 0 so ::r
below\ 3 2.10 Suoclemental Survev 8.0 8 S2,000 ct) 2.11 Site Visit 2.0 3,0 4.0 4.0 13 S2,04S ::I 2.12 Basefile Comoilation 2.0 8.0 10 S1,6SO -TASK2 TOTAL 0 4 0 11 0 6 20 18 25 90 8 0 182 S30 560 $24145 $54 705 N
TASK 3-Conceot Oes1on & Cost Estimates
3.1 Conceot Enoineerino -Two 2 Attemative Desions 10 20 100 130 S21 850
3.2 Concept Landscape -Two (2) Alternative Designs 8 12 16 40 76 $10,620
3.3 RECON 10 10 S2.150
3.4 GEOCON Desion Consultation 0 so S2 035
3.L J.T. Kreuer 0 so $3,540
TASK3 TOTAL 8 12 16 40 10 20 100 0 10 0 0 0 216 $34 620 $5,575 I $40,195
TASK 4 -AniiCi -ated Erlvironmental Clearance & Penn its
4.1 RECON 25 25 S5 375
TASK4TOTAL 0 0 0 0 0 0 0 0 25 0 0 0 25 $5 375 so $5,375
TASK 5 -Pre aration of Draft & Final Re art Assessment
5.1 Draft Re ort Pre aralion 8 32 20 30 90 S1S.S70
5.2 Final Report Preparation 4 12 12 20 48 S8,640
TASKS TOTAL 12 0 0 44 32 so 0 0 0 0 0 0 138 s24,210 ___ so_ _$1_4.2f0
,v,,-u .. ESTIMATEO PROJccf LABOR Z DIRECT COSTS .MtHQQtj
ADDITTONAL OPTTON £CHANG~C_Q!jSULTANTS/ 30 I 16 I 16 I 105 I 64 I 81 I 126 I 18 I 78 I 90 I 8 I 0 I 639 I s109,945 I $29,720 I $139,665
October 17, 2023, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> .GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension ReformActo/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 19 of 21 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1
October 17, 2023, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 20 of 21 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2
October 17, 2023, Item #4Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to ajudgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 21 of 21 3